id
large_stringlengths 24
36
| dataset_name
large_stringclasses 6
values | text
large_stringlengths 318
1.74M
|
|---|---|---|
3a071683-a7ae-5a53-9e35-3ba43090b8aa | court_cases | Central Administrative Tribunal - MumbaiRam Phool Meena vs M/O Finance on 11 February, 2020i OA No. 8020018 9\n\nCENTRAL ADMINISTRATIVE TRIBUNAL\nMUMBAI BENCH, MUMBAL\n\nORIGINAL APPLICATION No.502/2018\nDate of Decision: {| .02.2020\n\nCORAM: DR. BHAGIWAN SAHAIL MEMBER (A4}\nRAVINDER KAUR, MEMBER (2)\n\nRam Phool Meena\n\nS/o Sarvan Lal Meena\nAddress F-19, Hyderabad estate\nNapean Sea Road,\nMumbai-400036\nApplicant\n\n(By Advocate Shri Rajeev Kumar )\nbersus\n\n1. Union of India through Secretary,\nMinistry of Finance, Department of\n\nRevenue, North Block, New Delhi-110001,\n\n2. Chairman, Central Board of Direct Taxes\nMinistry of Finance, Department of\n\nRevenue, North Black, New Defhi-110001,\n\nSpeb\n\nDirector General cam Chief Vigilance\n\nOfficer, Central Board of Direct Taxes\n\nSecond Floor, Jawahar Lal Nehru\n\nStaditon, New Delhi -110003 w Respondents\n(By Advocate Ms. Vaisali Chaudhari)\n\nReserved Gre 23.01,2020\nPronounced GA). OF gaay\n\ne\n\n \n \n\nOA Ne. 502/2018\n\nbo\n\nORDER_ pe: RAVINDER KAUR, MEMBER (3}\n> £\n\n« ee } mh Rear\nLs appli CatLon nes Mesn\n\na under\n\nfoot\nfood\nD\n\nTreibunels Act,\n\n \n\n"fay) That this Hon'ble Tribunal will be\nacigusly pleased to call for the recarda and\n\n \n\ng\nproceedings leading to the issue of the impugned\nMemorandum of charges dated 23rd Oct, 2012\nand after going through the legality or otherwise\nthereof, this Hon'ble Tribunal will be pleased to\nquash and set aside the same,\n(8) That in the alternative to prayer clause (a),\nthis Hon Trimmal will be pleased to disciplinary\ndepartmental the stay procesdings initiated v ide,\nimpugned Memver. andum of Charges dated daiec\nSard Qet, 2012 and further direct the Res spondemts\nnotin proceed with the iz smpugned Memorandum\nof Charges dated dated 23rd Get, 2012 pending\nthe hearing and fmal disposal of Special Case Na.\n80 of 2012 on the file of Special Todge Murnbai.\n{ic} That this Hon'ble Tribunal will be\ngraciously pleased to call for the records and\nproceedings leading to the issue communication\ndated 19/07/2018 as in Annexure A-d and after\ngoing through the levality or otherwise thereof,\nthis Hon'ble Tribunal will be pleased to quash and\n\nThat costs of tus Application be awarded\nin favour ofthe Applicant; And\n\nfe} "That such other and further reliefs as are\n\nexpeiiont be granted in favour of the Applicant."2. Tag undisputed facts are that the\napplicant while working as Commissioner of\nincome Tax (Appeal) ~- 28, Mumbai was booked under\nSection ?y 3 ane 13483 réw 13 (1) €a} OF\nPrevention of Corruption Act, 1988 and Section\n120(B} of the TPC on OS.O7 2011, Consequently,\n\n¥22f 20h\n\noo\nes\n\ni\n\n£0,\n\ng\n\nOA\n\nte\n\nesaid\n\ntr\nai4¥\n\noon Fp\n\nrgesheet\n\ncha\n\nCRI\n\nthe\n\nafore\n\nio\n\nten,\n+\n\nJLS-LL. et\n\nOo"Mumbai.Ad\nmo\noa\n\n$3\n\nce\n\nond\n\ncs\n\nad through Shri\n\nAN oy\n\nNI\n\nandra\n\nR\n\nVoss *\nLeos\n\nBal\n\nae\n\nSj\not\n\nthd\nA\n\neet\n\nety\n\n'\ni\n\nant\n\napplics\n\nmh\nCael\n\ncs\nf\n&\n\nt\n\nrat\n\ntt\n\nond\n\nOY\n\nganas\n\nBo\n\nsof\n\nx\n\nG\n\nFurther\n\nFrom\n\nod\nx\noN\n\nref\nae\n\nnded\n\n=\nst\nmn\n\not\nee\nBeak3ve\n?2tualil\n\ni\n\n§\n\nhal4©\n\nably\n\nee\nae\n\nfavo\n\nfor\n\nih\nAG\n\nra\n\n~\nae OR\n\nL DONS\n\nsed\noy\noft\n\nodesk\n\nra\n\nManner\n\n \n\nreat\n\noo\n«\n\nOy\n\nnee,\n\nwed\n\nSmet\n\ngid (Annex2.ilL.s02018i\nZ\nA2ony\nsay\n\ni\n\nOA No.\n\noped\n$4\noh\n\nXe\noY\n\nre\niD\nted4cl\n\naan\nTR Re\nVORP OL TEC\n\nS\n\nwas\n\nry\n\nCLS43is}\n\nyY\n¥\nei\n\nes no\nMTU SY\n\nin\n\nx\n\nom\n\nYoo ye\n\nhot 2. S202 fb\n\nSt\n\n:of\n\ncer\n\noo\n\no\n\naon\n\n \n\nayed\n\nfet2)\n\na\n\nhed\n\nood\nfork\n\nse}\n\nts\n\nir8!\n\nope\nke2iican\n\nppl\n\n~\nx\n\na\n\n \n\nwhee\n\nthe\n\nif\n\n:At\npe\naa\nOQ\n\n \n\nEa)\n\n \n\noy\nms\nEs\ngd\ncy\neo\n\npete\n\ntae\n\nCy\n\n \n\nPee,\n\nee\n\n>\n\nAPs\n\nay\nyi\n\natw\n\niS9Seat oe\n\norg\n\nLOST\n\nREE\n\nCc\n\nel\nwe\n\noe\n=\n\n¢\n\nPs\n\n \n\n \n\na\n\n \n\n6s4o\n\n$3\n\n \n\n \n\n \n\n \n\nVR Boer\nLary\n\n+\nfy\nwe ke AOA No. 5302/2078i "ea oS mS a oO a w xe G rs a ce) w v G } . "< oo 4 ~e 5 ~ * "ead 2 4 ade G a a\na a cook a a a LO 5a ort % 4 a a @ Jka Ss bn "rf iM a\n© ree tee if i w © GS Hh ya _) i\nw oO © a if 1 AO ' " , G8\n4 43 @ we _ i" + ved wo td G a uy\n9 im se wt bo Saal o en, ot hy 3 = i}\nCc he os iy oof xy 4 "3 "3 $ Oo n 5\ni 6 43 { oD aged os a 4 yet % @ 1 a A ba 6 ad\nS wo ow a w 3 mo w i oO O\noe US " 2 Q i Sa 2 S Fe 2 M4 eo ~ wa a\nMM '? 3 bg a a wed cs me v u a i bl OQ ©\n't 43 a) red 14 SS hg She ~ th ch ae : ;\nu a & ns 6 2 O ; Sty 4 ' & 14 e\nct ' LA 4 Set & . uy\n« Q oo W 3 ' ' ws\noA ek 3 ot ved ¥ @ QD\ntt 3 ce Sad 4) ore ho w QO es a 4 i\nwm O™ QD Mo Eg a 83 o sc a rn w a 44 ot re ot " ar] wo e\nwed 43 bes Bae hol or aa $3 a 5 mo x ne B Es\ni 7 3 . ; "3 ne Oo sed ot os ag oe ©\not rg nie w * o O "ey a) rl ha oi o\nwd ' re 17 3 4 @ c ig 3 ra how 3\n5 ~ 3 wt 1 f z\na © rm Ci @ vd ~ , + rk th " cs z\na & G om 4 @ a) 4 Q +3 8 vod my zr\ne a 4, OM Oe Sg ey re\ng 6 Go ¢ 8 8 " 2 @ 8 2 @ Sood\n9 3 fs yp oa S me o 5 i ae G ad f ma '\n$4 cy @ - O wn cy a rel iw 4 ne , os a oO\noh, a a 0 a oO 3 4d £3 w in wy Cry mn 3 co on\nmd G Sood od 7 ep\noy EB GO Ch, o <2 mo 2 +3 Po, O ths ood\nme 8 OU a mG o & fF S&S & & P\nG i : s ed oO ve os a oD mv w Me ded\n4 , ay 3 og e 4d Ja a & i © "4 ed A\n"4 c a Em Oty "Me og 3 Wo ae\n4 oO 6 Dp FO @ ma HO GB\nD, ued we '3 ie . a 43 Ea we "4 weed rs et tr\n3 oO Ee * se 3 ea is ra ce ood ae\nOO gE ~ 8B 2 8 2 Ho} ee\nbd rer p hed is S Ys Pt oo os a wt\nHs "ct 4 oe a Fra ' eof wf a bg A s ec % Ba\n"ed a 'es en 2 a3 4d £24 i ; ° us we ef a\nnS : ° pods ui 5 . : O ' 7 4d & F\no Q 4 w . os co gt ' ws 4 Pe ne ny\na ee oe 6G gh\no.uUuelhlUBlUmUU UU ylU SUB Ge oo 4\na0 8 2 & © £2 eo § § § Ff Be BE oO ms &\n. | 2 m ed na te 3 % ai @ "ed o\nOf 8 dB BRD tn\nhy S 4 A es vel 2 Gy % e4 8 at h & 4et babs i $4 th\n2 8 §.% 8 & & $6 8 & @ 8 &© 8 8 BB & B®\nee) 3 ' 3 od oS 28 % oO © g 5) o) 1 my 5 58} sed\n\nAX - 2,\n\n&\n\nOME T.\nakar Bhavan, MK,\n\nN\no\n\nER OF INC\nay\n\nx\n\n¢\n\n¥ OF THE\n\n~~\n\nC\nboar, A\n\n:i\n\niy\n\n:MISSTEOS\n\n,\n\n"OFFL\n\nM\n\n+\n\nIPAE CO\n\nt\nRoom Ne, 344, 3rd\n\nPREN\n\n \n \n\nmeh ~s\nFibs oy\nLIS\n\nBo /¥\n\nae3i\n\n6 BOANo, JOZ/2018\n\nRoad, Mumbai-dhj026,\nTel. : (022) 2206 2606 Fax : 2201 6498 EPABX : 2344\nCONFIDENT IAL\nNo PCTT-2) Disciplinary\nPate 12.02 QOS\n\nSR ee i a a ee ee\n\n \n\nProceedings/2017-18\n\n \n\n \n\nTa,\n\nSari Ram Phoal Meena,\nCEPCDR3, TPAT-8,\n\nOld COC ; Bide,\nManmibsi.Subs Inguiry under Rule 14 of the COS (CCA)\nRules 1963 in vour case ~ reg.Soe rn ee ee\n\nPlease refer to the above.ny2. The hearing in your case has been adjourned\non last date of hearing for 22.03.2018 considering\n\nthe progress in the CBPs Court in your case. Earlier -by order sheet noting dated 01.05.2017, considering\nyour representation to keep the Departmental\nproceedings in abeyance tll Trial Court frames\ncharges, the same was considered and the status of\nCSl's case in Trial Court was obtained in subsequent\nhearings.3. However, [ received a letter dated 06.02.2018\nfrom the Oo. DGITCVig) received by me on\nOO.02.2018 in which Twas directed to complete\nniquiry in this case without firther loss of time and\nsubmit the inquiry report at ihe earliest considering\nthe CVC's Istter dated 05.09.2017. Copy of CVC's\nletter is enclosed herewith, As per Clause ©, even in\nthe case where proceedings are going on in Trial\nCourt, the Department inquiry should be completed.\n4, Tn view of this, T am pre\nhearing to 21.02 2018 af 4.00PM in my Room, Le.\nRoom. No 2.344, 3" Floor, Aay akar Bhavan, Mumbai\n~ 20. You are directed to attend the hearing for\nfurther proceedings in this regard,\n\n \n\n(LC. PATWARD\nPr Commissioner of Income tax-2,\n\nnonine the date of\n\nise ait\nMumbai\n\n* ' woe TO es aaey mA PEN %,\napplicant YHLLes WON ove oN\n\n¢\né\n\nO87 (part) 35496 ct. OS5.09.2017 pars\n\noO\n\nNo,\n\nith7 OA No. 5023/2018which reads as under:"Tn light of DOPT's instruction and\nsupreme Court judgments, DGTT(V} is also\nadvised to decide accordingly if a case\ninvolves complicated question of law and\nfacts and take a view in future whether to\ninitiate simultaneous disciplinary\nproceedings af the time of deciding issue of\nsanction for prosecution."S submitted that the above referred\n\nfede\ng\n\nLt\nStipulations have not been considered by the\nDirectorate of Vigilance in the present case,\nhence, he made another representation dated\n05.03.2018 (Annex A-12) addressed to Respondent\nno. 3 drawing his attention to the CVC" s OM\nreferred to ahove. But when he did not receive\nany response to it, he made further\n\nrepresentation dated 16.04.2018 (Annex A-13} to\n\nato D dan 8 K sey tear tye WP wares Wy eos kins\ncipiinary Autnority, the Finance Minister\n\ncr\nie\n(G\nms\npon\nos0of India which was rejected vide communication\n\nthe crimingl trial is pending, the depertmental\n\nENQuULEey LMVOLVINEG Tne Very Same cha rges as\n\nanvalvec in ths criminsl proceedings is not\n\ney ag ee ae ee t t- ba e wd er Ny ge en ~ ty 4 wae yy ete\nOaLrea aNd tne OMLy exception to this situation\n\n \n \n\nace\n\nIA Na, 3502/2018\n\ni\n\nG\na\n_ de\n\n%\n\nml\n\neS\n\nWATUS\n\nYr\n\nve\n\nmh\n\n"A4Prayer\n\na\nnord\n\nfh\n\nx\n\nt\n\nae\n\n \n\naf\n\nisciplinary\n\nape\n\ntoed\n\n \n\n \n\n \n\n \n\nwitness\n\nre\n\noy\nrod\n>\nOy\n\n \n\naie\nhoe tot Ao\n\nwe x CVAD\nBea VS\n\na1Bek\n\ng3a\n\n,\n\nA\n\nore:'\n\nbef\n\ntrial.che\n\nates\n\nthe\n\nat\n\nANG\n\nenced\n\nCORR\n\nOo1¥\n&5POPS\n\nres\n\n1S\n\n4,\ny\nA\n\nt\n\nthat\n\nstated\n\ni\n\nexa\n\nSS\nX5ny <\n\na46ct\n\nTAaAWE\nsa\n\nhav\nt\n\n \n\ntS\n\nLON\n\nat\n\nLY\nnt\n\nGu\n\nINO\n\nx\nwy\nRee abeCHA No. 502/2018O\n\n3 x : 3 SR on a . "3+ she\nim case the departmental proceacdings are not\n\n3 = gs ge o "4 4 on me ¥ Yn ae ¢\nstayed, the defence of the applicant is likely\n\ncould be used against him in the criminal trial.That such a situation in impermissible in law as\nho one can be compelled to give evidences against\n\nc\n\nhimself. Further, it is his fundamental riaht ta\n\na\n\n{ Roig + de Fancd hinselét 13 fair anced\nOu AR uO PO Lenk MANSeLf an Lair etik\n5 rer5 tal manner\nampartial manner.: Tey on ayy) tues : . . = Hy Sy9. The applicant an support oF his\n\ncontentions has relied upon the following\njudgments :{i}Captain M, Paul Anthony vs Bharat Gold\nMines Ltd1999 ATR ScW 1098\n\n{ia} Pradhan Singh Vis M/o Personnel, public\n\nGrievances and Pensions {OA No. 1082/2018 Before\n\nCAT Priricipal Bench, Delhi)\n\n{22} B.P .Singh Vs Ministry of Finance { CAT,\n\nMumbai Bench}\n{iv) . K.B. Mahadik Vs M/s Ministry of Finance\n\n(CAT Mumbai, Bench Order dated ist May, 2018)\n\nee de he ~ ~ om fed ced x 7 2 a\n\nStatea the the representation of the app iicant\n5 Ys\n\nes " 3 wn ey ey " 2 2 mn 3,\n\nfor KEeD Og ENS anquiry proceedings in abeyance-- aren Varo dws to, 3 ha eed - £ oy ay inns\nhas already been considered by the Disciplinary\n\n \n \n\n \n\nwe a 42 @ | ® i a @ 5] nd aa w a} mK i ~ 2s) 3 or @ w wd RED XS\n= Oth Thee mt GS s) © S £4 ce un uy 3 a 0 us\nSB og eo 43 os 44 O Q hos a e Oe io 4 ml\ncs 44 6 yD & a ed fs : o a $4 és\n( : @ ms By © cf i fy ba ied wh ws &\ni . o 3 viet ; a vt\n" : ; "es o ge si w O ted GO ef 3 we ae 3 th 3) @ @ Qy\neo a "4 a) rm es or O a 5 thy hes fe on e om w\nA ot ah q bd ct 4 43 @ "E4 a oy ay ted 3th ua fa M oa oe,\nal oS A 4) a - 43 43 Hs 3 " ¢ a ' on te 3 i @ a " a i\n| OY cS wn mS of nd be re, i es . eS ry 3 ; u OG ony\noO ' QD iy od ra thy cd m t " {3 Y epee es * + wv AS ro "4 oy aeoed\noS a a a * om po a a oO . vd a po Sb be rr mp\nos - fa ke, w ve a a G , i 44 D a ny oh " 4 @ a = be\nwa Oo G 2 & Ag Ra GT , OM\n; Y Go F CG OG yg |B «@ SM gy Sow o£ Gog 8 8 v\na . Me\n\n¥\nxe3"x\nEF16.\n&\nSg\nc\nQo\nY\n\n \n\nxy\nt\nthe\nor5the\nthe\nC\na\n©\nB\ner\nx\nis\n;i4a\nr\n\nPy--£4\n&\n&\n\n \n \n \n \n \n\n \n \n \n \n\n \n \n\non 45 ng m 5 a wet "i t m " 5\nTae 7 hed «cs 4 mw . fant ee a cA CS bei qh 2 ond uy a\non ie O ue eee Be hag ou eh ond & ei a ot cs vet al\n" 43 : D Lt " < » Ss ster "S oe ix\n3 jes i " Qo qed to « seed Ay ra het a "en re\n= " 3 ned oj ar ms a it i . ©, i\nnw) Sod ~ Lo e od a ved Ya a 7 rs go\n"4 oe ie 4 - N, a tet\nM4 - em $4 4 pa ond 4 ' 4 2, bed 04 bbs is\nw 2 Oe w BT Ow E eG és ,\nt "Oo | "sf (3 ee "ve au ra my ' ' : ' Ch, "a w nt 2 oe\n= oom a " & ts G r QO wee wy i Se\nG bed " a oj es 8 o rod oS oO es Be Be .0 g -o o Dg Bs » el 9 a Mo Qed\n0 2 co o cs O a a AD ry OD 3 on =\n9 f£ @ yO a ~ OB 4 ~ Q 2 f we\nD oem : pod B os hs of ~ ry $4 " fa Q om a sf\nre muy 4 ' gt ret by ee ) feed ravi co 5 . nn\nS2 4 pind x ne sy 7 ' . fe ted at\na8) 4 weet k wed ud ft " 44 mt bea a\nord 6 $5 * 1 ", 3 bet ; Cy wp CS . "s O a iy\npy ~ 9 Ge FS a wo we Be a rn a w\no & my it Q a is ay a iw ra a i\n" w Hage 3 ct mE ue ; : mY\ng ' ae eS gy Ro So td a yO?- Ad : ty v4 pee ; Sa + fod x of i 5\nee Cj rc 4 ti G Ss a zt | s pod ; + at ' ty hed ay\nc us : rc Ej toe a os o i 4 a ne £4 @\nsh. fod oe) t ef yout - se vit coe te : Ghd et yet Meet\ni 7 apd 6 et 4 he A ws Pe ay a #4\n*, 4 bel = 4 é ee 4c & ay oy a ;\nws ae bed ry Re red a2 Sede wt\n3 a i , 4 it : 3 '\np BO 8g e 8 C8 ge gw gg © ® , a Oe a\nrh 5 Om Hf Bo Gf BO © w\n4a ' 4 tS $4 art a od ot QS i bef 4 wy im ed a or @ eH\nQ . a ord 4 G ord ® rd 3) bed a O aD a "4 @ wo a\nin w@ oS a co ms ef G Dy mr © e; ae 4 on & £3 wm °\n43 fs ® vend uy fee @ wd Oh 43 ® wy oh, Oo 6 af et Y *\nws & i > 5 oh a oi i @ Sf ip & By bd td se a tf bed " Ba et Het\noS wi 43 a ord ar 4 o 3 ood m, bf od e iy o ti 4 O an ae 4 wt i\n\n \n\n \n \n\nil QA No, 5023/2018\n\n« wep tt a BOS\nLeansS as under:"3. This, therefore, clarified that stay of\ndisciplinary proceedings is not a must in\nevery case, where there is a criminal trial on\nthe very same charges and the concerned\nauthori y may decide on proceeding with\nthe departmental proceedings after taking\ninto consider ration the facts\n\nand circumstances of each case and the\nguide clines given by the Hon'ble Supreme |\nCourt, as mentioned in the preceding\nparagraphs. "4Le. Tae restendents hh\n\na\n\nss\n\nf@é xvrelied upon the\n\n2, Cap.M. Paul Anthony v. Bharat Gold3. Rendriya Vidyalya Sangatahan & Ors. v.Y. Sranivas(SCO4 (6) Scale 467}\n\na. Noida Enterpreneurs' Association ¥.\nNoida (dT SccT (2) sc 620)\n\nit is contended that in view of the above\n\nes % var -- wr. me o " +\n\nVery Same cnargeé 88 invelved in the criminal\n< os 32 wat ~ = wT ae . e a ~ = et "_\n\nPEOCEeaing La mot barred. Th is alss stated the\n\na ou oe on psd » wa T omy 4 "A ~\n\nthe departmental proceédings cannot be unduly\n\n. 3 bin sys . . ee ae Y\ndelayed even if the oriminal Case against the\n\naqelLingquent employee is of a grave nature which\n \n\nQA No, 3502/2018\n\n \n \n\nrot ty 4\n. Mn ts ws 3 G @ 8 om w\nof t < ¢.Hoo @ vs mS H @ fF 4\nCi) Sot 44 @ iG mS a) a ved oD\niti © iw 3 . ea fra\nz ry r se ot\nGed ra 2 oS 4\ngy 3 wl WW OS wy ont\n: 4 o f ed eo\nCG % f oy Oo UG = 3 3 @ US ot "2 3 GS Ch te "3 keg\nS ia ; Ss a 1 ord cs Str os Sor eo OS S Pe eS\nved a it) i a hed os oe ns @ Oo & © 42 ge a " we\nri ms ; ved , 1} fe A MR Be RE ET NS ~ a OS\nAdd oO 0% thed : gh " "ree 8 ae Seg Te nee Se omy ey SY\n9 2 o co » BS B°. 07 S$ @ Ee RY &\n6 fo w oh ' Ste 5} ES SO CE OR ot Be a og\n"% os a - rs a3 - pre 80 LS Sp oe "wn SM Row WS\ni . wes 7 cs bed sz Kone tS fe ey BO re Be KS rie NS\nfa bi GB wd a 8 -o Sfp 8 § " Gey Me\nvf th wy aS & te 4 iy 4 3 SS Y © SoZ SF S&S my BS ss.\nf. + z a ~ ed ery i Beg 5 Oe ' r: roy i '\noe 1 D 44 as * Su i o So, S = 3 SRR os 7 EB Ow\n'Ya = ont rood ; © a da pot a " OR CE ~ &y, ££. BE FL by RS\n5 0 oD -- 8 6G 8 © G © 8 3° 22e "" BS SE a 2\n" 5 g © « o} seh w so 7 SE G w By & Bee Fos\n> ~ . % " " ¢ oy, " f me rn\net ted oc 3 w wv ° 3 43 as rants 2 x oy & Vom A po 2 og 8\na oO ay4 oe 4 o op 0 a re] re) 2 5 & Ry 2, 2 Be Sot 4\n4 't chy ot on 4 mH Sd . L . : ¥ Wowie a\n3 CS mom ee GG -& mk Sos Boe Bw) 2% SS Be w &\n: a mi ne » ae 3 ae ore pe Ee Mr tte BO MAR ese\n3 : : 4 ws u he " CL, be fer eS 3 " oo % tH eae Pas\nmo 6 . oo 4 ® 4 foo fe FF Ca Oe Es, SE Te 2 PR yg &\nOES Oo 3 fa 4 a pf Ry, ed ney & S&B SS o St mm BE\n' Peas o mt ® © cA 3 3 mo BO St 2\nes , 0 © ey ae Sy mm, wy SS eB nO\n4 ine! a Sty ea Pes ee A ey e Sey AS\ni oo Mey es ow a oF C oy Bo ES seer ££ Pek y\nt ns ¢ € Fa as te it my ' st Sey 8\nd og oe "4 & bp © = @ & & 2 8° fo "~ ay BS eS Cs\n, ce ; iB Sy "4 cS 4 O tha oy ee yak ety r a MR ow ot, eb\nQ 5 wn - ' © ct a i = 5 aed a ER Re\na wl @ o @ red 43 G 4 1 C tear a oops : as\n: mp Se be ES = &\n5 £4 @ es rm % ' ae ws mG ty ew\nAt pee ee Oy vy wa fd i S wa ae SO\no% 2 oo beds Ry G oy wD BB SS we oS\n£2. 2s 2S @ oe Mm YG EERE kee\nis wp iG e ei om 4 wd ia mom . SG ww.\nm3 ; I : fn os tH Fo bas . Mm ty Ry MM\nas 3 wd ba a fy £2 tes Seed a 2 ts\nMy ° GO Y ee es 4a RA "EE wee 8\nka Shed a co wn on cs in peo og ek TR\n4 3 ! . Z ie 2 a\nww yO B co S re é ae Ze EG BO te\n4 ' , ri 3 Se pee? as\n& Wee a 's CO ard 5 : "4 cette, Roe ol 8D\ny s ; i) G 2 MM sy Q fee OS om,\n3 "os i re dt +t fhe gy t) sw ke Of in Ss\ny Ho O ne Go oe Sy PMR Se\na @ sed AG : oY} seed\n\nmm\nn\nCapta\n\nod 5 g w 3 we eG '\nO a ont % DO 4.3 * 9)\n\nr i S. : G My mS : "e o o\nmS os vod "3 wy a vied oO wy oe 43 i oS\nvd beg O . OF or B Ea u vod o 4 i ae\n\npt curing\n\n'\n\nalleeted against hi\ncharge sheet.y\n\nit the\n\né\n\n>\n\n¥\nz\nie\n\n>\nor\n\nErte\nat se Are ane bie oy\nHor ay reflected\n\nevidence one port\n \n\niS.13 GA No. 502/2018Deparimner teal proceedings but due regard has ta be\ngiven fo the fact that the departmental proce engs\ncannot be unduly dela ved,\n\n(vi £f the criminal case does not proceed or its\ndisposal is beine unduly delayed, the departmental\nproceedings, even if they were stayed an account of\nthe pendency of the criminal case, can be resumed\nproceeded with so as to conclude tiem at art\n\nri\nb\n<7, 4 a o sh if the Per oy Sg a ' epetliy\near rly Geile, xq fhat if le eniployee is found not guilhy\n\nhts honor may be vindicated and in case he ts found\nuty adeinisiration may get rid of Ahm at the\n\nae\n\noy\nal,\n\neardext,\n\nThe Hon'ble Apex Court in the case\n\nof\n\nAVS. Stansen Tovotetsu India P Ltd. Vs. Girish F & Ors. SLP ft QO)\n\nNes. 303 71-303 762012 decided on 21.01.2014 and has\n\nce\n\nJudgment which is reproruced as follows\n\nake\n\nSEY3: relevant observations in para 9 of\n\nee5"9. We have heard learned counsel for the parties at some\nlength. The only question that falls for determination tn the\n\nabove backdrop is whether the Courts below were justified\nIn Maying the on-going disciplinary proceedings pending\n\noo\n\nconclusion na the trial in the criminal case registered and\n\nfiled against the respondents. The answer to that question\nwould primarily depend upon whether there is anv legal\n\nbar to the continuance af the disciplinary pr oceedings\nees based on an incident which is also\neet pratter Of ertinal ease against such\ns. ft would also depend upon the nature of the\n\ncharges In the criminal case filed against the employees\n\nEw\nS\nSy\nme5tha,\naan\nBe\n&\nmS\n"ane\nwe\nfay\noe\nre\n&\npol\noS\na\n\nand whether the case involves complicated questions of\n\nlaw and fact, The possibility of prejudice ta the employees\naccused in the criminal case on account of the parallel\ndisciplinary enquiry going ahead is another dimension\nwhich will fave ta be addressed while permitting ar\nstaving such disciplinary enquiry proceedings. The ley OF\nthe subject is "iairly well- settled for sinular issues and has\noften engaged the afiention of this Court in varied fact\nsiteations, Althor igh ihe pronouncements of this Court have2stepped short of prescribing any straight-jacke ef formnudea\n\nfor application to all cases the decisions af this Court f heve\n\nBe oo wey ose Pee ' sy 3 ost\nihe broad approach to be as fanted ie such34&\na\n\nos\n\nMNeaae14 OA No. S02/2018matters leaving i for the Courts concerned to take an\nview In the * Preis Sand cireunistances of\neaek case that comes up befare the:4discussing it\n\nDp26. The Hon'ble Apex Court while\n\nth\n\nSudgment in the case of Divisional Controller, Karnaiaka\nState Read Transport Corporation Vs. MG. Vital Rae 2012) 1 SCC\n\n442 made the following observations:-"(Q There is no legal bar for bath proceedings to go\non Shmultancoushy\n\n(i The only valid ground for claiming that the\ndiseiglinary proceedings may be staved would be to\nPHSUPE u af the defence of the employee in the\nernninal case may not be prejudiced. But even such\ngrounds would be available only in cases involving\n\ncomplex questions of jacts and law:fil) Suck defence ought net to be permitted to\n\nunnecessarily delay the departmental proceedings,\nthe tuterest af the delinquent officer as well as the\nemployer eF clea arly fies in a prompt conclusion of the\n\nfo Departnental Proceedings can 20 on\nsimultaneousty to the criminal rial, except where\nboth the proceedings are based on the same set of\nfacts and the evidence in bath the proceedings is\nCOUR\nL?. in the present case, admittedly, the\napolicant is facing criminal proceedings under\n\n \n\nTyke ae wet = 2°) pe ee le ane en " > eam A Le\nPrevention of feorruption Act, 1988 and aige\nwes . at ee ee whee n~ ek Popeye ~ } og on\nFaclna cCepartmentsl proceedings om the same set- eee gx hee 2 YY ea + - Fy rs weyres ry te oe NOLEN\nGi TAOS SeaRre Ser OL SOCUMSNUS AT.de py Io : we . te Lanes ry ee\nWLIMNGSseaa The dapartmental procsedings were\n \n\nO2/2018\n\ng&\nSs\nwt\n\nOA No.\n\na\nth\n\norder\n\nssued\n\ni\n\n \n\nay\n\nf Nee75oped\n\n{2\n\noy\nch\n\nyal\n\nrt\nx\n\nLL\n\nse\nad.c\n\n:ending\n\n.De\n\nthe\n\nzt.ay\nQR,\neG\n\n \n\nWas\n\nfOVeL,\n\nHoy3FX,--%\n\n=)\n\noo\n\nig3tad.4appoLni\n\n*\n\nms\no\n\nud\n\ncs)\n\nmy\nas\n\nw\n\nGE os\nLELEIaL\n\noO\n\nith\no\nod\ngE\nard3wt\n\nnrel\nQ\nes2pron\n\nKae4eo}\nad44=\nRE\n\ncod\nie\n\nmen\n\n+\n\nepart\n\nho\n\n"4\nMA\n\nFre\n\nsf\nx\n\nCc\n\noy eed i ee\nVAD ee 2\n\n \n\nthd-Me\n\n \n\nos\noa\n\nAat\n\n£\nteak\n\nft\n\nVOServed\n\nne\n\nst\n\nojo\n \n\nwGA No. 5062/2018@ a a iH aed = c poe i ge Ae oo 1) o a 43 a by P n 0 .\nSa t et ohet * i) ay GS o oi oO wt a c a GC a o a "seq wes 3\ned a 44 ed ¢ fed qo +3 = G aoe c is} il wed i "3 CG ye "G © seh (a £3 et td ES ie M4 "tt a\n4 tet vet G oy ' ' . C O\nwp & ae ed re f 6 © oO @ $3 v\nwe wed 1 a 4 + Gy oe ard a) "7 A and om\nod ia a whed a ry 7 ty, ca Me opt tn eyed y\na rr ss : Boom . 8\n3 ¥ s ' fal Cc "wey 4.3 w} 3 al ee hed\n\n£2 OD 7\n\nyy\nw wy - : ;Sg B Be Be eh et gp vi\n' 23 5 Qo Ld von 5% O 4, 0n%\nried gL A BB Sg Sr © OO\n\na\np\n&\n,\nu\n\non a i |\n\np\no\n*\nne;Y\nzr\nq\nwt\noN\ni e.SOs\nQ.\n3Q\n>-Ry\n¥\nie\n\noe @\n\n \n\n. 4 Me ~ 4 Me et y\nOo na © 3 eo De og gO. Pe\n' ~ q ' 3 o o * 1 tne yo * hel e " » ;\na wooo a moO ° . a © 6G of © @ rel a\nst ad 'i '. ot ce , . ieee ey LC ba\n' At © Ch Do od = 0) a\n\nS\nWe2eeaes\n\nz3x\n\n \n\nvas Gi wy e 2\n\n \n\n \n \n \n \n \n \n \n\n \n \n \n \n \n\ngerd iG Sd "sf * 4 cc ape. a re 4h\neM SS DG OO OC sg mY . ge\nvs ~ te a of eS sat o 3 g ia terete ry cs ig vi\non it i _ ay us 43 cs a ad ed ced ed v "s G ied %\nae ~ 4 at a by\nn 4 . . cn a2 oo ws ss we " a e wad 4d $4 ner\nrk nD ff ¢ a Bae " a ca os . ee ai oe\ncre) sere 4 ort B (3 ~ ~ us wy uy ma v3 oe week\nry ry oy G3 bs m4 hy go ped 6 ered ed "4 bo "$\n2 - vy 3 wet rt ? ced Fat ca ig ore\nge is p 7 om wD ' <4 ¢ ges fy, oy a! a4\nwd 5 is i Et o re) + ike ® 3 " i 4 44 fe rd\nfei oO ee 43 Ch * ed wn tg © oO ms ~ + mo . cd ve :( 3 ae ay 2 rh c md ed , Q o fe :\noO 6 cS " : & eo GC pp tp MN og\nved iB oO iB & foot we Q an o oh, eh Ch * e eek 4\n= , A aS a 6 ¢ Ia pots a a abal aa yn oat\nAe '2 So £24 rs . tS M4 O hy i i fy aed 13 SA <\ncs O ig fae a ip p a iD i 3 , a & Wy\n+e St ° 8 Go t% fe 6 Be aw 3 a " rj 43\nia fo 43 @ © 4 co at 2, Ea mS ' s\n&e hg (6 ht xr fh Gg a ad : et Ub\nwa Ba Sa 6 : is 3 . : su a3 3 S\na red © pd ity wy 4 bd a oy bd my, ay @ Pj\nsv " oe &> i+ es . La ¢ Oy Ft ° ay 2\ni 5 © to » ig . na a t 4 A '\nOy 4 3 ox £3 e o ats 3 Ae "ae ch he G i > OS\nfed ie G a rent oo . "S w se © ss et\nke cS iS i © o a My n a s od 4 "ng # £ ers\n$e ord c 4 iD . wy iA a a eo i D, ha $4 me ' co\n\nL\n,\nt\n*\nhe\nwy\nPa\n.2~\n=\n:44t\n.2nan\nrc\n,-SOA ade3i\nU5a\n\nuy\n\nmM\n.O\n\nmK\n\nLi\n\nLESe\n\ntne.vee4 oh, qo ee HY i ° o . o ha mt he fe ' tn\net ¥ ay , ay ¢ ¢ poet ' 3 - ro\n\nBy uv © by 4 ip pho Oo aod . od a co a mn ord fat g& ct re) "y fei\n4d et 42 f3 Q £3 a Co oy Ch ry re 9 be hed oO o bed bel a ey be\n \n\nf20180OA Na.43 Dy 49 Mey eed 3\nFas 4 "i : : - * abt wy y rat 4 teent\n2 5 £ 8 3 Ss 3s @& 2° £2 @ £€ 8 ¢ § 8S Be gy -mo < rho SH 3 S os os g 3\n& 43 } i ons ®\ned 5 4 ; Ad w 43 seed rei r% ; ret 3 eS\n2 4 w Bos 2S 8 8 BP Bw SO&\n® « Y OO -- BB ° a 44 "OOD as\noy i t at rd "rd tag ort " 44 Hef ce\no wu ot @ td $4 my oO o a ie Oo\npy ard "4 2 KS a @ 4, ~ 4 re we rep] ihe om\na 43 ' o "COS wo aw cs if . "st Oo 4\n> Qo & 2 we 8 oe 2 & . 2 23 & 8 6 .\n© ct an be ag "cS mye det *, a QD o . vel & ~ , os\ncto et oe * . 4 a ¢ Ans a re hos Y oo "5\n" @ MM o - we @ Co G md eA O th a "3 a ny\non @ oS acs os a Oo @ GW @ 4 of we oD GL\nmn OB oy 3 seed + 3 nn <a O "4 om Oo 6 Bs > :ae OS 9 G & ae GM 3B rg\nod o of ty © fm ay, te ws mf ty 3 my no cs %\nri . td ms - ty deel @ c@) nm Yy A dé\noO Q at wy v i A ms c r cS te cy i eh ved "et a\no Q 8 4 5s Ul\no a it bef 13 ot te " ' om : ve ' 4\nby 4 wo c 4 bs Q uv , i fe Pa) 43\n' m4 x 44 w Md a QO ; vet 1 a et 8 44\nG Sd oC yoy a UW a Qe\n6 & te gg ®& og Bp © E& EZ eo Fe # > » & @ fy\n: , MY toe ie 4 + Le roof A it 2 ae i ral oy 2) i C Ry\nMo BUR GD c yo a BO a oe %\nC4, fol Fe oe a SS uw i) ~ 3 "= re nm e ct fd\nra hed i 3 ar fh aw 7 {Fy io 4 keg\nw@ oh 2 6 ro & 4 sy m tr ae ae © 4 Fas ' ', Bs)\ned rs Fey G Pe tbs 8 = aed Oe\ni mf © Gg ££ 6 ae & OS . < g @\n' i> uw Nd ia x . ae O ee ry ce oe "9 et O oO3 cy wi gy a Pos eo & oO «cs 2 Ug OB\nbes tt a es @ hs a * os ie ie) Gh te * 4\n3 as on dad ood gq pote it ah : Ad hot "a ms i\n£3 AF bok fad rt 6 m yp a feet pe Q « Poa\n$4 @ 43 eo et « ee oj a cs 03 3 43 43 A ®\n: "4 ¢ "et rm 5 ooo CG o re 8 el w a bo M vt of\nog MoU ek , Oa m0 OS op ww £ S&S gg *# -&\nQF o fo mo MS mM poo Ge"res : A aged . o 4 . Oh bl ey ef or * tt. he a 43\nx3 Go iy mt he a rye " a id we ne { V ue nt ra ft oy &\n3 cas o : ai ot : . é in GS ord vod ed os ;\n1 red @ Cc : ened S FA PY a apd g} o th cs 3 a fai 4\n63 ee oN a = ot CG ogee ent 9) dah ot ~ re * ee\n" ee one de c 6 : es 3 o fos ee fn 4) a 1 a\nao i vy a4 oy m4 4 g O ts et Rc C3 us\nBog 2p F oog 2 * 8 4g me GUM mT Som fm4 0 fe 6 ms Cet s j Q © , co Fe\n; 4 fg 2 v rl os 'A * ited 3i) G . ne £ a 44 4 a)\n4 io oe 2 6 iD og ¢< yg 8 = 8B 8 ON e\n4 ~ : Sant @ "i % j ' . oo pnd ri @ ped *\nmt Cy rt L4 ¢ a rot og 48) 7 ht cB) ord yy Se . 3 ; _ £133\nGS DB M&M G " a OB @©@ hm 6 6 6 orl Eg :fs we A, iS cs oa # 2 74 O43 ws 5 ' on emt - C3 zs\nme. oO ra on io my 4 a 'gat | a 43 Gs 's A " bef ct : . 8\n° a tt 8 ae no oo » oo » O € & § & & ® B\nat & & OG MB OC HM\n\naw\ncs\nLe.(20182RsOA No. 3018mn Ye bed ion ® : ,\noe : on ai Md 43 ct .\nfe ie: dy a 44 a ae bea QD sp * a ey pod ei ha DD .\nof z @ 6 - GB Bm OB cf oe & 8 BS RG Bw\nOo m * ff is i. Lt ; ; ; a mm : mn 4 i\nfor cc " i M4 oS a G 5 # 2 m= mt a ag fa ® fea He\nr © 4 ie an Dp 4 a4 rot we we 3 , © o\ni ; cd ayed ct Sad 13 o re i a Q ua\nme tm 5 a Go - a tH a oj oe o aS ue a)\noy 9 8 8g ee yo 8 FEE. BBs Be\n' he ee * bey a het ogee! . . |. a iv t 5 ad\na Fo @ OR of Ht ® , oa 8 cnn?\n@ cs we ved . me & ion iy G a a veef tn a my t ' a ie\n8 . Bb 8 GB & ro RG ot Bs 2S 7 8 BS\nmo 4 oa & Hg 8 gy f eh o\ni bf ® o @ oO ue a G vd toy "4 "s on\n¢ @ oe 4 wn gor Oy me D me Yet u i ie\nep aac m4 gy KS o §& go Go wm &\no " a ss x ¢ oa "te ies a , ae f- eS . o\n4 04 4.3 Qn "t Sa oe bed had bee mu A? iy on cxf G\neged ' 4 tp @ ey 3 CS ' he _. ea\nNy cl rae] q bef na cs 44 1 god Ma ani 0 vod\nEe oe vot ope 4 , Lf ' i ry\na SS & Aa Oo : 3 O te et OL res a\nLA fa a z o ft vol c 3 we % al &S Oy fa e oe i\nf ms 0 : j : Se (3 5\n® ® iB Q = rd % oi $4 " & © Dy Of # G\nBs oe Oo o ey uy wg Bs\ncy S & i ar} "es | : .w Q i : re y rs a i w\noe oe fe BF o © + & ny 8 -\naes) ht nd wt 44 on 7s an @ ont fea wn\not S: od i cod . Qf tat ' ra '. a\not 5 eee rE wt oe od a org O ci\nnes ocd 8 cor "4 me 3 oa % ,\ntegn " So -- 4 3 ee ns pot oo i oO e3\nso %§ § 8 &£ é » 2 & ° '\nOw eo fo ge DG 8, o @ a\nyf a Ray OQ rt 24 ES ° om CG & 3 : Cc\nbed Ch % Q to : 1 @ -~t red om + sei\nod € : © x ot ® i 43 ig bof wd\n$e i' od i zy od epee a ng ; ce\nwy ml by m, 1 ~ oO G ed fa £3 3\n4 ole wy a @ Bo a ca us\no ed £4 bn ' és a 5\n7m cl 2B sg , sd a Poo ©\nmo 8 a g 8 % & oF &\nBS i ee os ny ny an ee ES a os\n@ 0% cor ee go ? tes ° . Ps he a\n$4 "4 4 4 wey oy 3 eyed vs BY ve oa . a\n* cd wed h4 cS 3 2 4 re 42 oe ny aos @ ae\n= a PGE 3 oth 4 6G & ~\nvel on gO eR a4 . 5 id wy ae wo it rs)\nha i oA Sof ad va mG tf e @ sy or 5\nteed oe Gk D oe Oe mh Cy 5S an\ney (S ot @B x S , a2 co Ay pod, 3 é in\nCe io) voed cs a 1a goood . a ths thd Ch; Ke- o rs hed we O a\nwey Sq ' j G\n\na\nre\n\n \n\nro @ 3 tf G g &\nee - +s 4\n\nBPoowi L o GG G 4 ns Y fe w ,\no 6 6 8 & § B & 8 mg ts nn\neR RA io po Gf o8 me Bon\n\nan Ob @ OG\n\nam.Eh\n \n\na\n\n \n\n \n \n\n \n\noS wn »\n5 2 eS % @. Gy\nna q aes Aa by @ 4\na a 4 + Ei 1 rt ol\noS w ins 4 C iG 43 ie\n: 4 aw - oa s wi a °\n& oO 8; a ro re G Cc oS oS a th @ 3\n2 © ~ & '3 Sg "4 o 9 fF A oO mm?\ncon ie , G es @ w PUP oy. 2 fo\na a ot ef wh Qy i * © wD Se ae i seed 4 te v "td a oS ; mo 4 4d i) od oA ord 3] id - by 2 @ c wf a as\n$ % m % " hel a is se mo oo oe w cs\n"4 ro eH G 2 fa oa. g Ee ve i aed % cs p ya £3 6\nEO BD § 8 8 = Gk ge 8 4 wy Oe " a 8\n= C2 ay £ ; : ' , +\na be ut 4 i i uy n 2 wD $2 oe Q "a a4 @ oO\nFf @ Oo 4 ; oe 3} Gos § & ® "5\n& 'A th sel 7G o " : 7 bs ut o\ni be o j ° uA - 4 i i) v4 w oA th iu) o wy\na Oo -- rf ~ MS, ° can D ms * Q $3 ba oO ~ cm - a\n) Ga 6 ref) ei a +! ot oe ep) @ ih a rn 4\nD c B a e ; v o w w a B ot "rd ts ied oO a 2 5\n> @ @ cd 5 ved é we vy re te ard $4 oO C3 ia! wo } ee we ™\nCry wv phony Bb oO bg 2 i> wi pet Sh 1% roe o Q 1a i)\na WG 4 : te? Us) , a 2 a i) o 43 Ge ord ae oO zu c\n@ Oo & i a ane wo OY ood 2 5s &\nco 5 A aS oe i wy co is & ao ~ 44 et\n0 Fg GS @ "Gd © & go & ©" Goon ro DOH o 8 Do % ®\n4: « a 5 o ~ 4d) % ; aa 3\n5 4 Ro 8 so a1 oS a_i Om . &\nt - * t * oes] ' ' iy "4 f\noa Ad ed r a) 3 g i a dete QO UY 3 ies ey . Ci wh - wn\n" e GG as w a ha 4 ® a a o 4 fh & oo\n: re = cy + 5 ' 4 Fg bef es B ea wh 44 c a a0} . 4 ea\n6 8 3 5 £ & Hog 6 GBS i & g nO 8\n2 at a) bd io rm) wy cs w a % w a O ca res * OG\ned Lo gt G * " it see o hm & Lo eee a Set a KA oi\n2 ms 4 o we bo "4 = md . w@ "4 a B @ :me aS 8 & a 6 Gg O . 4 SD Sf 8 w@ co Ge HS\nS ba ae eG ne oo ro w oe " ise Rood a "5 G wd 2) a z\noo & a OG os 2 im pS 5 BS Bs Go ori &\nop o ™ ae oa 6 oS @ eo b&b uo & »p om 8\nooo @ a nd fs eo » °F 9 DM eo oe os Moe\nw A, ; a ie cs = G o & o . Em\nDa e 4 wo . Li a mS 4 3 pen att h 5 Y Y é\n° ~er sae ay ry 7 feed 7 ~ a < Poms my 7]\ncS aa @ a a 1 a a tS o © . a O 4 a oe 3 5, : | hae os\na a i ad o wD e oe ia m a $5 + a ke eS\nan 4 4 % T a eth ft\nBg 6 & 8 Hoot Ue we rk 50 Ul Ee\n43 im ry o mS 2 a mt gs € Se a OG\noO rr a we . oo ep te woo 5 eo\nce #8 eo 2 es ox Fe" wn PO me ne aS .\nO i ~ ar fo z 4 am oO i Ps or\n2 3 4 en '. 43 : cS Oh, " S em by\noo es oS SS } a) th cs ved\n. a re 4 we & ' 4 44 5 CS re & de un < m res ,\noy mf o is oO Fy im D o 5 a he @ 4 p a B ch tA Bly a\n4 os 8 BY 2 © 5 5 8 a & e eg 4 3 & e % @\nes , " ; , ~ eS ' i a "e a et "4 ort ts :Bo om 8 Bef gag 2 Ho gy\nmS t} Ma of we UH ro ve tot ™ 4 oat 43 ay)\nco os ' © Q : oy @ * tp a\nOh: a Cs ae} nm : Qo, bet a ie} es oS ke\nso g § 6 Be QB A wy a & & @ &\neae got t i. a id ope\nEx r o i o a 5 ES = 4\n4 O, we wped ' wd i i\naed © : ha st F on °\nec ded aa ~* sf\nfu a} fed oi at\n, fa 5 $4\nCy @4g\n&\ni\n \n\narid\n\n&\n\nite\n\nOA Ns, 5023/20181aca\n\n'\n\ndent\n\na3a @ oO\n\nshed\n\np iD. @ ¥\ncs ct\n\nang2ee\ner\nare\nED\na\nure,\nc\no\nOo\niL\nPaul\nngs\nW\n}\n}\n\na\nrrental\nx\n£\nQ\n4h\n\n \n\nA : igd oe wed a\n\not w 3 qi 2 2 @ 43 44 2 eet a\n\nSot CG oS e 4 o i ma % 4 @ oh, 2 B oe es . G\n\nSm oD om ® oO 6 4 OS\n\n@ Fa 4 4 os a wy Cc $3 tn 3 s ~ . o "rd wd rt ron\n\noO 6 ns fe Doom" Ng 8 BS\n\noa Os a M4 o SB 4b LS bes Gy oe «4 Sa ' yo Ae\nte OP aq oO £6 oO 8 6 6 og FB hm mw 8 - g\n\n<e4 a ort ne sg 3 wy a ue Pa wg a vA 2 o b4 @\n\nQ ed fa c 44 c a "4 gy Q be cD ; @\n\neh w $id it LD a hal oo) wy cry gy a 4a ved , An\n\nred oe oka a es ve a 5 © Lo a wy , rd weed 3 > Ad\nS s 44 , oO 0 7 os & t. a. gg 1 a Q\n\ni\n\n \n \n \n\n \n \n \n \n \n\n \n \n\ney wo a a / "hd 3 vel $3 io e bt +o , aa\noO bd v 4 oe iB a aa w Gs & thes a) "ch 44 i\naf SS ss red Q n ny 45 ap @ : Be 1 wt\nQ a : tong om 04 go os ay - G ms\ny 44 c aed ved w 2 pa ny * wd cs @ we os wn 3 "3 D re a\net a < @ , 2 ed Moo O Ye n Go oR 'g "6\na vy be Ss a om a +.a a) v O0 oa O a "rt rs} "rh cs) -ye ued wh iy iS} ~ st ' Fdy , a "4,\noO reg / ft QD ME va ' { ¥ it\ntye FD) v ord @ ae Ch, Oh a vt 4.4 ed hide 7 wh\nrs ' an mn Sm ' a wn f3 O 7 " ' QD rs 1} rb\nie w Y co . wpe 2 he AL bey eed won ft o\n5 a 'A | tA a a om a it 4 @ "9 ch Ag %\n2 §06 68h UmMlUDLUCU Bl OB Bg 3 « s OD 4\nfe ent oH +2 e es s ba 1 of aS md Q ss me a\nos ew a a A wv oS ys 7 a @ ie a a 4) a\n" ot 4 be e Ss ad = % L ce uy 5. , "a GC CSC B Bg 2 F 5 = 4 & Bog\nOo To» & GB Bg 7 a é @ ~ BM po fs\na G 4 wo ' 2 3 es , td a i a a8 - i.\nwh oo rd « 4 ~ ms 43 o oe 43 bs oi ed fos ny Me\n7 cs vet ues O irs) ty * es te tS a es ved a w\n@ ot pd 2 QD a a fe 2 my mq ot id * «4 te\nS yt 3d v3 Sh 5 e ut uy x eres f c\nbe a a sy ¢ os OQ Ry i a ae on ig ts ed wd\nge © Monet a e UU UB "ea a 6) > we ct G w be "t3 ; : 5 kt on on my\n, FP & & fe ° mt - o os mop\nin uy gob My . . on S oo a 6 Ow po RE\n2 os vr he i a3 rf oe tnd , 8 & ) i ry we A 4 3\n<A Esa CG ne wR ei a) 3 a o3 wh we ah\ne € og @ Cm Soe GD Boo 0 £\ncS bs be a 0 a o 6 ih @ wm a ed 3 os ib be\nww be, iS e Q a A sg "a ea 3 .\nhrs ms © ' % 43 a $4 3 G 4 G om w f re * : 4\noO Q 's) Sy * c ' ' r D iS * Q my\nG 8. ¢ x Bo RM GN OH GD c mG Oo\nXR bas O Sy 5] 4 ee ub} rth) Shed Ch, YS, ct ee 43 i $3 at 3 ty +s c\n\n \n\nae\noe\n"a\n \n\n§\n\nt\nt\n&\n\nOA No, 502/2043bed4oe\n\nar\n\nThey\n\nined\n\nexami\n\n*"a\n\nws\n\noO\na6)2%\n\n4.5\nee\n\nord\nrc]\nmp\nng\n\nmm\n\nsteps\n\nary\n\nNnecess\n\ntake4nat\n\n%\nok\n\nRe\n\nany\nat be he\n\nmt\n\nwed\norn soe\nOFrgex\n\nB\n4.3\nwy\n\nCO\n\nTR\nNe et\n\ni\nAS\n\nYe\n\n"my\nae\n\n. x\n4 OF»\n\nosed\n\n*\né\n\nise\n\n(Ravinder Kaur}\n\n \n\nBhagwan Sahai)\n\n(Dr.\n\nMember {A}\n\nMamber G7)\n\nHh\n\non\n\nmy\n\nye\nBoot be\nAH ye |
51117e82-ed4c-5694-9502-45abce829df8 | court_cases | Madras High CourtC.Srinivasan vs P.M.Shamsuddin on 11 March, 2021Author:Krishnan RamasamyBench:Krishnan RamasamyS.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\n DATED : 11.03.2021\n\n CORAM :\n\n THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY\n S.A.Nos.171 & 172 of 2018\n and\n Cmp.Nos.4435 & 4436 of 2018\n\n C.Srinivasan ... Appellant\n (in both appeal)\n\n Versus\n\n P.M.Shamsuddin ... Respondent\n (in S.A.No.171/2018)\n\n P.M.Akbar Ali ... Respondent\n (in S.A.No.172/2018)\n\n Common Prayer: Second Appeals filed underSection 100of Code\n of Civil Procedure, to set aside the Judgment and Decree dated 03.01.2018\n in A.S.Nos.3 & 4 of 2015 by the learned Principal Subordinate Judge,\n Krishnagiri, reversing the Judgment and decree dated 24.11.2014 in\n O.S.Nos.222 & 223 of 2012 on the file of the learned district Munsif,\n Krishnagiri.\n\n For Appellant : Mr.S.Parthasarathy, Senior Counsel,\n (in both appeal) for Mr.P.Dinesh Kumar\n\n For Respondent : No Appearance\n (in both appeal)\n\nhttps://www.mhc.tn.gov.in/judis/\n\n\n 1/18\n S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n COMMON JUDGMENTThese Second Appeals have been filed challenging the\n\n Judgment and decree dated 03.01.2018 made in A.S. Nos. 3 & 4 of 2015 by\n\n the learned Principal Subordinate Judge, Krishnagiri, by reversing the\n\n Judgment and decree dated 24.11.2014 passed in O.S. Nos. 222 & 223 of\n\n 2012 respectively, on the file of the learned District Munsif, Krishnagiri.2.It is the case of the appellant/plaintiff that he purchased the\n\n suit property, with possession, by virtue of the Sale Deeds dated\n\n 27.02.2012. The respondent (the word “respondent” would refer\n\n respondent in S.A.Nos.171 & 172 of 2018 collectively) as well as the\n\n appellant also entered into a Memorandum of agreement (herein after\n\n called as agreement) dated 27.02.2012, whereby, the appellant has agreed\n\n to re-convey the property to the respondent, if the respondent repaid a sum\n\n of Rs.75,00,000/-, within a period of 5 months from the date of the\n\n agreement. On such payment, the appellant/plaintiff had agreed to re-convey\n\n the suit property to the respondent. If the respondent failed to repay the said\n\n amount, as per the terms and conditions mentioned in the agreement, the\n\n property will be devolved on the plaintiff, without any reference. Since the\n\n respondent herein started to cause disturbances to the appellant/plaintiff\nhttps://www.mhc.tn.gov.in/judis/2/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n with his peaceful possession and enjoyment of the suit schedule property,\n\n the appellant/plaintiff gave a complaint against the respondent/defendant\n\n (the word “defendant” would refer the defendant in O.S.Nos.222 & 223 of\n\n 2012 collectively) to the Police on 27.08.2012, which was marked as Ex.A7.\n\n As a result, without any other options, the appellant/plaintiff filed the suit\n\n for perpetual injunction to restrain the defendant and his men from\n\n interfering with his peaceful possession and enjoyment of the suit properties\n\n except due process of law.3.The respondent filed a written statement by stating that the\n\n respondent in both the appeals are brothers. They borrowed a sum of Rs.50\n\n Lakhs from the appellant/plaintiff for the purpose of completing some\n\n unfinished constructions and to discharge other debts, under the compulsion\n\n of the appellant/plaintiff, the said Sale Deeds were executed towards\n\n security, for lending the money, which was clearly mentioned in the\n\n agreement, dated 27.02.2012. There was no consideration passed on, as\n\n stated in the Sale Deeds. When the agreement was in existence, the\n\n appellant/plaintiff had fraudulently applied for transfer of Patta, and he is\n\n well aware of the fact that he is not entitled for it.\n\n\n\nhttps://www.mhc.tn.gov.in/judis/3/18S.A.Nos.171 & 172 of 2018, dt.11.03.20214.Further, it is the contention of the respondent in the written\n\n statement that they are in absolute possession and enjoyment of the suit\n\n property and their cousin brother has been collecting the rent from the\n\n tenant in respect of the B-schedule property in O.S. No. 222 of 2012.\n\n Moreover, the electricity service connection also stands in the name of the\n\n defendant alone. Therefore, the respondent have contended that though the\n\n revenue records standing in the name of the appellant/plaintiff, they are not\n\n valid and it will not bind the respondent/defendant. In this regard, the\n\n respondent also gave a paper publication, to caution the public at large from\n\n making any negotiation to purchase the property from the plaintiff.\n\n Therefore, the respondent contended that the suit is liable to be dismissed.5.Before the Trial Court, on behalf of the appellant/plaintiff, he\n\n examined himself as Pw.1, and Exs.A1 to A9 were marked. On behalf of\n\n the respondent/defendant, Dw.1 to Dw.6 were examined, and as many as 18\n\n documents were marked as Exs.B1 to B18. The Court exhibits in Exs.C1 to\n\n C5 were also marked.6.The Trial Court, taking into consideration of the submissions\n\n made by the counsel for both sides as well as on the basis of the oral and\nhttps://www.mhc.tn.gov.in/judis/4/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n documentary evidences, came to the conclusion that Exs. A1 to A4 were\n\n validly executed by the defendant, which is supported by Ex.B5,\n\n Agreement, whereby, the plaintiff had agreed to re-convey the property to\n\n the defendant, if they repay Rs.75,00,000/- within five months, from the\n\n date of agreement. If they fails to repay the amount, the plaintiff is entitled\n\n to retain the properties. The Trial Court also found that the plaintiff is\n\n entitled for a decree of permanent injunction, however, taking note of the\n\n contents of Ex.B5, theTtrial Court extended the time for payment of\n\n Rs.75,00,000/- by the defendant to the plaintiff with interest at 12% per\n\n month from the date of plaint, till the date of payment. In the event of\n\n failure on the part of the defendant to pay the amount, then the plaintiff is\n\n entitled to get a decree as prayed for with costs.7.Challenging the above said judgment of the Trial Court, the\n\n defendant filed the appeals before the Principal Subordinate Court,\n\n Krishnagiri in A.S.Nos.3 & 4 of 2015. After hearing both parties, the First\n\n Appellate Court passed the judgment and decree on 3rd January 2018,\n\n holding that even if the defendant failed to repay the amount within five\n\n months as per Ex.B5, agreement, it will not confer any title to the plaintiff\n\n automatically in the absence of filing a suit for declaration. In a suit for\nhttps://www.mhc.tn.gov.in/judis/5/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n bare injunction, based on Ex.B5, the plaintiff cannot get a decree for his\n\n title. The Appellate Court also rendered a finding that PW1 himself\n\n admitted that the four sale deeds were executed only for the security\n\n purpose to repay the sum of Rs.75,00,000/-. Accordingly, the Appellate\n\n Court held that the suit filed by the plaintiff for permanent injunction\n\n without the relief for declaration is not proper. While so, the Trial Court\n\n ought not to have directed the defendant to pay the amount of\n\n Rs.75,00,000/- to the plaintiff in the absence of any prayer in the suit for\n\n declaration. Further, the Appellate Court has come to the conclusion that\n\n the present transaction is in the nature of financial transactions. At this\n\n juncture, it would be appropriate to extract the relevant portion of the\n\n judgment passed by the First Appellate Court, as under:-“In the light of the above and from the clear and\n categorical admission of Pw.1, this court observes that,\n both the suits filed by the plaintiff for Permanent\n injunction without seeking the relief of Declaration is\n not proper and is not maintainable. The relief granted\n by the District Munsif in directing the defendant to pay\n Rs.75,00,000/- under Ex.B5, without seeking the relief of\n declaration is also not proper. The District Munsif\n ought not to have granted the relief of recovery of\n money, without proper prayer by the plaintiff which is\n beyond the scope of the Principal District Munsif. The\n judgment and Decree of District Munsif needs\n interference and the plaintiff is not entitled for the relief\n of recovery of money. The plaintiff in both the cases are\n not entitled for recovery of money and therefore, both\nhttps://www.mhc.tn.gov.in/judis/\n the appeals filed in A.S.3/15and A.S.4/15by the6/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n defendant/Appellants is liable to be allowed and the\n Judgment and Decree dated 24.11.2014 is liable to be\n setaside. Both the appellants are entitled ot set aside the\n Judgment and Decree dated 24.11.2014, passed by the\n District Munsif, Krishnagiri.”8.Challenging the common judgment and decree passed by the\n\n First Appellate Court, the present Second Appeals have been filed. This\n\n Court admitted these appeals on 02.03.2018, on the following substantial\n\n questions of law:-“a) Whether the Lower Appellate Court is correct\n in law in dismissing the suit for bare injunction on the\n ground that the appellant/plaintiff failed to seek the\n relief of declaration, when the respondent/defendant\n himself admitted the execution of Sale Deed in favour of\n the appellant/plaintiff?b) Whether the judgment and decree of the Lower\n Appellate Court is sustainable in law by dismissing the\n suit for bare injunction without a prayer for declaration\n is not maintainable, when the appellant/plaintiff clearly\n established his title through documentary evidence\n Ex.A1 to A4?c) When the issue of title is clear, simple and\n straight forward the finding of Lower Appellate Court\n driving the appellant/plaintiff to seek the costlier and\n more cumbersome remedy of declaration is sustainable\n in law?https://www.mhc.tn.gov.in/judis/7/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021d) Is not the judgment and decree of the Lower\n Appellate Court perverse for directing the plaintiff to\n file a comprehensive prayer for declaration, when the\n suit is one for injunction simpliciter and the question of\n title need not be gone into?e) Is not the defendant estopped underSection 115of the Evidence Act from disputing the factum of\n appellant/plaintiff's possession of the suit properties\n when the Sale Deeds Ex.A1 to A4 itself has recorded the\n delivery of possession to the buyer?”9.At the time of admission of these appeals, notice was ordered\n\n to respondent in both the appeals. After completion of service, the name of\n\n the respondent also printed in the cause list. Today, when the matter is\n\n called, though the name was printed in the cause list, the respondent neither\n\n appeared in person nor engaged any counsel. Therefore, this Court proceeds\n\n to hear the appellant and pass the following judgment in the appeals.10.Heard Mr.S.Parthasarathy, learned Senior Counsel\n\n appearing for Mr.P.Dinesh Kumar, learned counsel for the appellant. He\n\n submitted that the appellant herein is the plaintiff before the Trial Court and\n\n he purchased the property by virtue of Ex.A1 to A4. He admitted the fact\n\n that it was a loan transaction, due to which, a separate agreement, dated\nhttps://www.mhc.tn.gov.in/judis/8/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n 27.02.2012 was also entered and the same was marked by the\n\n respondent/defendant as Ex.B5, whereby the respondent/defendant had\n\n agreed to repay a sum of Rs.75 Lakhs to the appellant/plaintiff, within a\n\n period of 5 months from the date of agreement. As per the recitals of the\n\n Sale Deeds, the possession was handed over to the appellant/plaintiff and\n\n he is in possession and enjoyment of the property. When the appellant has\n\n been enjoying the property, the respondent/defendant started giving\n\n troubles. Therefore, the appellant/plaintiff filed the suit in O.S.Nos.222 &\n\n 223 of 2012, for permanent injunction to restrain the defendant from\n\n interfering with the peaceful and enjoyment of the possession.11.It is seen that though the time was fixed as 5 months under\n\n Ex.B5/ agreement, the respondent/defendant have failed to repay the\n\n amount to the plaintiff as per the recitals in the agreement. In Ex.B5, it is\n\n clearly stated that if the agreed amount of Rs.75 Lakhs is repaid, it is the\n\n duty of the appellant/plaintiff to re-convey the suit property to the\n\n respondent/defendant. On the other hand, in case, if the\n\n respondent/defendant failed to repay the sum of Rs.75 Lakhs, the property\n\n shall automatically devolve on the appellant/plaintiff. Thus, after the expiry\n\n of the period of 5 months as mentioned in Ex.B5, if the defendant fails to\n\n repay the amount, then, the appellant/plaintiff will become absolute owner\nhttps://www.mhc.tn.gov.in/judis/9/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n of the suit property. Taking into consideration of all these aspects, the Trial\n\n Court had passed a well considered and reasoned judgment. The Trial court\n\n has come to the conclusion that there were Sale Deeds executed in favour of\n\n the plaintiff, by virtue of the said Sale Deeds, the possession was handed\n\n over to the plaintiff. Further, after a thorough scrutiny of all the documents,\n\n the Trial Court found that in case, if the respondent/defendant repaid the\n\n sum of Rs.75 Lakhs in terms of Ex.B5, the appellant/plaintiff is supposed to\n\n re-convey the suit property. Thus, the Trial Court taken into consideration\n\n that the time limit of 5 months fixed in the Ex.B5 and the transaction of\n\n this, in the nature of financial, though the respondent failed to pay as per\n\n Ex.B5, within 5 months, The Trial Court by applying the principles of\n\n equity, granted 5 more months to the respondent, to pay a sum of\n\n Rs.75,00,000/- to the plaintiff as agreed by both parties by virtue of Ex.B5,\n\n from the date of Judgment. However, the respondent failed to pay the same\n\n as per the Judgment of Trial Court. Therefore, the learned Senior counsel\n\n contended that the property would devolve automatically in favour of the\n\n plaintiff. The said well considered judgment has been interfered, by the first\n\n Appellate Court in the appeals in A.S.No.3 & 4 of 2015. The First Appellate\n\n Court wrongly came to the conclusion that the plaintiff had not filed the suit\n\n for declaration and in the absence of such a relief, he is not entitled for relief\nhttps://www.mhc.tn.gov.in/judis/10/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n as sought in the suit.12.According to the learned Senior Counsel, the finding of the\n\n First Appellate Court is not proper as there was no dispute over title to the\n\n suit property in the present case. Therefore, declaratory relief is not\n\n necessary. As per Ex.B5, the property automatically devolved on the\n\n plaintiff immediately upon the failure of the defendant to repay the amount\n\n of Rs.75 Lakhs. The defendant also admitted the execution of Ex.B5,\n\n agreement. While so, the Trial Court judgment and decree is required to be\n\n restored and the First Appellate Court Judgment and decree is liable to be\n\n set aside.13.Heard, the learned Senior counsel appearing for the\n\n appellant and perused the materials available on records.14.On a perusal of records, Exs.A1 to A9, Exs.B1 to B18,\n\n Exs.C1 to C5 and the oral evidences of Dw.1 to Dw.6, it is evident that the\n\n plaintiff purchased the suit property under Exs.A1 to A4, Sale Deeds dated\n\n 27.02.2012 from the defendant. On the same day, a mutual agreement was\n\n entered and the same was marked by the defendant as Ex.B5. On perusal of\nhttps://www.mhc.tn.gov.in/judis/11/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n the above said oral and documentary evidences and the agreement, the\n\n respondent/defendant is liable to repay the sum of Rs.75 Lakhs, within 5\n\n months from the date of agreement. In case, if there is any default in\n\n payment by the defendant, the property will devolve on the plaintiff. At this\n\n juncture, it would be appropriate to extract the relevant clause in\n\n Memorandum of Agreement dated 27.02.2012 hereunder:-“nkw;go bjhifia ,d;w Kjy; 5\n (Ie;J) khjk; thapjhtpw;Fs; 1. 2\n yf;fkpl;lth;fsplkpUe;J 3 tJ\n yf;fkpl;ltuhfpa ehd; bgw;Wf;bfhz;l gpwF\n nkw;go brhj;Jf;fis jpUg;gp 1. 2\n yf;fkpl;ltUf;F fpua Mtzk; bra;J\n bfhLf;f KGkdJld; rk;kjpf;fpnwd;/ nkYk;\n mjw;fhf fhyp ifbaGj;jpl;l !;lhk;g;\n ngg;gUk; 2 brf;Ffs; (fhnrhiyfs;) ,e;jpad;\n t';fp fhnrhiyfis brf;F vz;/\n bjhif/62.00.000-? ,e;jpad; t';fp\n fhnrhiyfis jpUg;gp bfhLf;f\n rk;kjpf;fpnwd;/ nkw;go thapjh jtWk;\n gl;rj;jpy; nkw;go brhj;Jf;fis ehnd\n mDgtpj;Jf;bfhs;sntz;oaJ vd;W ,jd;\n K:yk; rk;kjpf;fnwhk;/”15.This agreement was signed by the appellant as well as by the\n\n respondent. By virtue of the sale deeds, the possession of the suit property\n\n was handed over to the plaintiff on the date of execution of the Sale Deeds.\n\n These facts are admitted. Under these circumstances, since the respondent\n\n started giving disturbance by interfering with the peaceful possession and\n\n enjoyment of the suit property, the plaintiff has filed the suit before the Trial\nhttps://www.mhc.tn.gov.in/judis/12/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n Court. After considering all the documents, oral and documentary\n\n evidences, and upon hearing the arguments by both parties, the Trial Court\n\n held that the execution of Ex.B5, agreement was admitted by both parties\n\n and as per Ex.B5, the defendant has to repay a sum of Rs.75 Lakhs to the\n\n plaintiff, within 5 months and in default, the property would devolve on the\n\n plaintiff. Inspite of the said default clause, the Trial Court granted 5 more\n\n months, on equity to the defendant, from the date of the judgment and\n\n decree, for repayment of the said amount of Rs.75 Lakhs. Even within the\n\n time granted by the Trial Court, the defendant failed to repay the amount of\n\n Rs.75 Lakhs. At this juncture, it would be appropriate to extract the relevant\n\n portion of the Trial Court Judgment, which reads as follows:-“40.Though the plaintiff is lawfully entitled to get\n the decree as prayed for, this court wants to consider\n about the situations of both parties and their intentions\n reflected under Ex.B5, in the interestof justice this court\n has to give an opportunity to the defendant for marking\n amicable settlement between the both parties and to avoid\n the plurality of the proceedings, thus the defendant are\n directed to repay the agreeable amount of Rs.75,00,000/-\n mentioned under Ex.B5 to the plaintiff with interest at\n 12% per month for the said amount from the date of said\n\nhttps://www.mhc.tn.gov.in/judis/\n Memorandum of understanding understanding under13/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n Ex.B5. In this Juncture, this court should necessarily rely\n upon the legal maxim bonus judex secumdum aequum et\n bonum judicat, et aequitatem stricto juri praefert i.e A\n good judge decides according to justice and right and\n prefers equity to strict law. (ey;ybjhU ePjpgjp\n epahak; kw;Wk; neh;ikapd; go Kot[ bra;thh.Flikahd rl;lj;jpid tpl jifik\n bewpf;nf Kd;Dupika mspg;ghu;). This court also\n considers the another legal maxim actus curiae\n neminem gravabit i.e. An act of Court shall prejudice no\n one.In the long run, the defendant are directed to pay\n the agreeable amount of Rs.75,00,000/- mentioned under\n Ex.B5 to the plaintiff with interest at 12% per month from\n 27.02.2012 to till the realization of the entire amount\n within 5 months from the date of judgment, failing which\n the plaintiff is entitled to get the decree as prayed for with\n cost.”16.A perusal of the above judgment of the Trial Court, it\n\n appears that it is a well reasoned judgment. Though there was no\n\n necessity for giving a further time limit to repay the said amount of\n\n Rs.75 Lakhs to the defendant, in terms of Ex.B5, by taking note of the\n\n fact that it was a loan transaction, it has granted 5 more months time, on\n\n equity, from the date of the judgment. Therefore, I do not find any\nhttps://www.mhc.tn.gov.in/judis/14/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n infirmity in the Judgment and Decree of the Trial Court. The\n\n appellant/plaintiff agreed for the said Judgment, hence, he has not preferred\n\n any appeal.17.The First Appellate Court after having admitted the fact that\n\n there were Sale Deeds duly executed by the defendant in favour of the\n\n plaintiff and on the same day an agreement was also executed under Ex.B5\n\n whereby the defendant agreed to pay Rs.75 Lakhs, within 5 months from the\n\n date of agreement, and in the event of default, the property would devolve\n\n in favour of the plaintiff, however, it has wrongly held that there was no\n\n relief sought for declaration of title to the property and the suit was filed\n\n only for a permanent injunction, hence, the suit is not maintainable.18.In the present case, this Court is of the view that the\n\n declaratory relief is not necessary. In case, if there was any dispute with\n\n regard to the title to the suit property, in which case, seeking the relief of\n\n declaration would arise. The Sale Deeds were executed in favour of the\n\n plaintiff by the defendant in both suit through Exs.A1 to A4, which were\n\n admitted by both parties. The repayment of a sum of Rs.75 Lakhs by the\n\n defendant to the plaintiff by virtue of Ex.B5 is also admitted and there was a\nhttps://www.mhc.tn.gov.in/judis/15/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n rider in the said agreement, in case, if there any default in payment within\n\n the period of 5 months, from the date of agreement, the property would\n\n devolve automatically on the plaintiff. The said fact was also admitted by\n\n both parties and accepted by the Courts below. Under these circumstances,\n\n there is no necessity for filing the suit for declaration because the right of\n\n the party by virtue of Ex.B5 and Exs.A1 to A4 already been determined.\n\n Therefore, the finding of the First Appellate Court with regard to the\n\n maintainability of the suit for permanent injunction in the absence of relief\n\n of declaration is not sustainable and the same is liable to be set aside.19.The Trial Court considering the nature of the transaction\n\n between the plaintiff and defendant, it had granted further time of 5 more\n\n months for repayment of the amount of Rs.75 Lakhs to the plaintiff by the\n\n defendant and in the event of any default, the plaintiff is entitled for a\n\n decree as prayed for. The defendant failed to pay the amount of Rs.75\n\n Lakhs, within 5 months time as granted by the Trial Court. Thus, the\n\n property would be automatically devolved on the plaintiff. The Court\n\n cannot go beyond the terms and conditions of Ex.B5 and Exs.A1 to A4, as\n\n long as the said documents are admitted by both the parties. The First\n\n Appellate Court had failed to consider the material evidences in proper\nhttps://www.mhc.tn.gov.in/judis/16/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n perspective. Thus, it had come to the conclusion that the suit filed by the\n\n plaintiff without a declaratory relief is bad. Therefore, the judgment and\n\n decree of the First Appellate Court is suffered with infirmities and the same\n\n is liable to set aside and the judgment and decree passed by the Trial Court\n\n is to be restored. Accordingly, all the substantial questions of law framed by\n\n this Court, dated 02.03.2018 are answered in favour of the appellant.20.In the result, the Second Appeals are allowed. The Judgment\n\n and Decree dated 03.01.2018 in A.S.Nos.3 & 4 of 2015 passed by the\n\n learned Principal Subordinate Judge, Krishnagiri, is set aside and the\n\n Judgment and Decree dated 24.11.2014 in O.S.Nos.222 & 223 of 2012\n\n passed by the learned District Munsif, Krishnagiri is restored. No costs.\n\n Consequently, the connected miscellaneous petitions are closed.11.03.2021\n\n Index: Yes/No\n Internet: Yes/No\n Speaking Order/Non Speaking Order\n klt\n\n To1.The learned Principal Subordinate Judge, Krishnagiri.2.The District Munsif Court, Krishnagiri.3.The Section Officer, VR Section, High Court, Madras.\nhttps://www.mhc.tn.gov.in/judis/17/18S.A.Nos.171 & 172 of 2018, dt.11.03.2021\n\n\n\n\n KRISHNAN RAMASAMY, J.klt\n\n\n\n\n S.A.Nos.171 & 172 of 2018\n and\n Cmp.Nos.4435 & 4436 of 2018\n\n\n\n\n 11.03.2021\n\n\n\n\nhttps://www.mhc.tn.gov.in/judis/18/18 |
f9e5b832-f136-592b-aad7-b6d89706b866 | court_cases | Rajasthan High CourtRam Pratap Yadav S/O Shri Surajbhan ... vs Mr. Naveen Jain on 4 July, 2022Author:Ashok Kumar GaurBench:Ashok Kumar GaurHIGH COURT OF JUDICATURE FOR RAJASTHAN\n BENCH AT JAIPUR\n\n S.B. Civil Miscellaneous Application No. 106/2021\n\nNarendra Singh Rathore S/o Shri Vagat Singh, Aged About 64\nYears, R/o 2-2-7, Housing Board, Banswara (Raj.)\n ----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.\n ----RespondentConnected With\n S.B. Civil Miscellaneous Application No. 107/2021\nMahaveer Prasad S/o Shri Prabhu Singh, Aged About 64 Years,\nR/o Village Berawas Khurd Post Jodiya, Tehsil Kotkasim, District\nAlwar (Raj)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 108/2021\nPritam Singh S/o Shri Vijay Singh, Aged About 63 Years, R/o\nKailash Nagar, Behind Amarnath School, Mathura (U.p.)----Petitioner\n Versus\nRajhans Upadhyaya Chairman Cum Manging Director, Rajasthan\nState Road Transport Corporation, Parivahan Marg, C-Scheme,\nJaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 109/2021\nJaigopal Prajapati S/o Shri Prabhu Ji, Aged About 64 Years, R/o\nNew Govind Nagar, Galil No. 7, Ramganj, Ajmer (Raj)----Petitioner\n Versus(Downloaded on 07/07/2022 at 09:17:23 PM)(2 of 15) [CMAP-106/2021]\n\n\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur (Rajasthan)----Respondent\n S.B. Civil Miscellaneous Application No. 110/2021\nLaxmi Narayan Srivastava S/o Shri Asarfi Lal, Aged About 65\nYears, R/o Ward No. 12, Doctor Colony, Raja Khera, Dholpur.\n(Raj).----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 111/2021\nMohammad Sharif S/o Shri Mohammad Saddique, Aged About\n64 Years, R/o Opposite Old Rto Office, Rasulpura Road,\nDhuwaliya, Via Madar, District Ajmer, (Raj.)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 112/2021\nRamesh Chand Vedwal S/o Late Shri Nand Kishore, Aged About\n65 Years, R/o Plot No. 3507, Kali Mai Mohalla, Nasirabad, District\nAjmer.----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 113/2021\nVinod Kumar Sharma S/o Shri Anand Vallabh, Aged About 64\nYears, R/o Jyoti Sadan, Behind Khanij Nagar, Sector-3, Balupura,\nAdarsh Nagar, Ajmer, (Raj.).(Downloaded on 07/07/2022 at 09:17:23 PM)(3 of 15) [CMAP-106/2021]\n\n\n ----Petitioner\n VersusMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 114/2021\nManna Lal Sharma S/o Shri Shiv Sahay Sharma, Aged About 67\nYears, R/o Mukam Post Ghasipura, Tehsil Shahpura, District\nJaipur (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Rarivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 115/2021\nKailash Chand Sharma, Aged About 66 Years, R/o Jhareda Road,\nBehind Panchayat Samiti, Tehsil Hindaun, District Karauli, (Raj.).----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 116/2021\nRatan Lal S/o Shri Ghisu Lal, Aged About 64 Years, R/o Subhash\nNagar, Beawar Road, Ajmer.(Rajasthan)----Petitioner\n Versus\nMr. Alok, Managing Director Rajasthan State Road Transoport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur (Rajasthan.)----Respondent\n S.B. Civil Miscellaneous Application No. 117/2021\nRam Pratap Yadav S/o Shri Surajbhan Yadav, Aged About 65\nYears, R/o Khatori Ahir, Post Kamaniya, Tehsil Narnor, District(Downloaded on 07/07/2022 at 09:17:23 PM)(4 of 15) [CMAP-106/2021]\n\n\nMahendragarh, (Haryana)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office,parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 118/2021\nOmprakash Sharma S/o Shri Bansi Lal Sharma, Aged About 65\nYears, R/o C-213, Mahesh Nagar, Tonk Phatak, Jaipur (Raj.)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 119/2021\nVinod Kumar Yadav S/o Shri Deeg Ram, Aged About 64 Years,\nR/o Village Post Office Shahbad, Tehsil Tijara, District Alwar\n(Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House , C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 120/2021\nNarayan Das S/o Shri Bhagwan Das, Aged About 65 Years, R/o\nVillage Isori, Post Iradat Nagar, District Agra, (Raj.).----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 121/2021\nSitaram Pathariya S/o Shri Kalu Ram, Aged About 65 Years, R/o(Downloaded on 07/07/2022 at 09:17:23 PM)(5 of 15) [CMAP-106/2021]\n\n\nHouse No. 1419, Ward No. 05, Lotha Mohalla, Nasirabad, District\nAjmer (Raj)----Petitioner\n Versus\nMr. Naveen Jain Managing Director, Rajasthan State Road,\nTransport Corporation , Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur,.----Respondent\n S.B. Civil Miscellaneous Application No. 122/2021\nKishan Lal Yadav----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 123/2021\nVishnu Dutt Bhardwaj S/o Shri Gopal Lal Bhardwaj, Aged About\n64 Years, R/o 453/28, Bhajanganj, Ajmer (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 124/2021\nBhanwari Devi W/o Late Shri Kishan Lal, Aged About 62 Years,\nR/o Naya Badgaon, Badgaon, Ajmer (Rajasthan)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 125/2021\nBhagwati Prasad Sharma S/o Shri Shyam Lal Sharma, Aged\nAbout 63 Years, R/o Mansarovar Colony, Sepaun Road, Dholpur(Downloaded on 07/07/2022 at 09:17:23 PM)(6 of 15) [CMAP-106/2021]\n\n\n(Raj.)----Petitioner\n Versus\nSuchi Sharma, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 126/2021\nSuvalal Gurjar S/o Shri Ramji, Aged About 64 Years, R/o House\nNo. 517/19, Gali No. 7, Dev Nagar, Adarsh Nagar, Ajmer (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 127/2021\nGirraj Prasad Sharma S/o Shri Lallu Ram Sharma, Aged About\n64 Years, R/o Village And Post Atewa, Tehsil Karauli, District\nKarauli, (Raj,)----Petitioner\n Versus\nShri Rajeshwar Singh Chairman Cum Managing Director,\nRajasthan State Road Transport Corporation, Head Office\nParivahan Marg, Chomu House, C-Scheme, Jaipur District Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 128/2021\nPrem Das Sharma S/o Shri Revti Prasad, Aged About 64 Years,\nR/o Village Midakul, District Agra (Raj.)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivhan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 129/2021\nAbdul Aziz S/o Shri Abdul Hakim, Aged About 63 Years, R/o(Downloaded on 07/07/2022 at 09:17:23 PM)(7 of 15) [CMAP-106/2021]\n\n\nWard No. 8, Sarwad, District Ajmer (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 130/2021\nJagdish Prasad Sharma S/o Shri Jethmal, Aged About 63 Years,\nR/o House No. 506, Ward No. 28, Bhajanganj, District Ajmer\n(Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 131/2021\nMahaveer Kumar Jain S/o Shri Gulab Chand Jain, Aged About 63\nYears, R/o 36/197, Kiran Path, Mansarovar, Jaipur (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 132/2021\nSheesh Ram S/o Shri Bhagwana Ram, Aged About 64 Years, R/o\nVillage Choukhi (Taika), Post Office And Tehsil Kotkasim, District\nAlwar (Raj.)----Petitioner\n Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 133/2021(Downloaded on 07/07/2022 at 09:17:23 PM)(8 of 15) [CMAP-106/2021]\n\n\nNoor Mohammad S/o Shri Abdul Sikandar, Aged About 64 Years,\nR/o 1654/13, Sanjay Nagar, Azad Nagar, Khanpura, Ajmer\n(Rajasthan)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 134/2021\nJodha Singh S/o Shri Chotu Singh, Aged About 65 Years, R/o\n910, Village Jajatiya, Post Data, Via Shri Nagar, District Ajmer\n(Raj.)----Petitioner\n Versus\nSuchi Sharma, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 135/2021\nRajendra Kumar Vyas S/o Shri Salikram, Aged About 64 Years,\nR/o 4/28, Khatu Colony, Banswara ( Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 136/2021\nAnand Lal S/o Shri Gouri Shankar, Aged About 64 Years, R/o\nUdaipur Kalan, Tehsil Kishangarh, District Ajmer (Rajashtan)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur\n ----Respondent(Downloaded on 07/07/2022 at 09:17:23 PM)(9 of 15) [CMAP-106/2021]S.B. Civil Miscellaneous Application No. 137/2021\nHafiz Mohammad S/o Shri Abdul Rahman, Aged About 64 Years,\nR/o Near Bandland School, Bhilwara (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 138/2021\nShivraj Singh S/o Shri Kesar Singh, Aged About 63 Years, R/o\nHouse No. 22, Tilak Nagar, Khankiya Naka, Khanpur Road,\nJhalawar (Raj)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 139/2021\nDinesh Chand Garg S/o Jagdish Garg, Aged About 62 Years, R/o\nMandawar, Tehsil Mahuwa, District Dausa (Raj.)----Petitioner\n Versus\nShri Rajeshwar Singh, Chairman Cum Managing Director,\nRajasthan State Road Transport Corporation, Head Office,\nParivahan Marg, Chomu House, C-Scheme, Jaipur----Respondent\n S.B. Civil Miscellaneous Application No. 140/2021\nDamodar Prasad Sharma S/o Shri Late Ram Niwas Sharma, Aged\nAbout 64 Years, R/o Mukam Post Jipiya, Via Jamola, District\nAjmer (Rajasthan)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur(Downloaded on 07/07/2022 at 09:17:23 PM)(10 of 15) [CMAP-106/2021]\n\n\n ----RespondentS.B. Civil Miscellaneous Application No. 141/2021\nBhanwar Lal S/o Shri Chouth Mal, Aged About 64 Years, R/o\nHouse No. 322/40, Village Balupura, Adarsh Nagar, Ajmer (Raj.)----Petitioner\n Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 142/2021\nBanne Singh Gurjar S/o Shri Laxmi Narayan, Aged About 63\nYears, R/o Village And Post Bhanakpura, Via Mehandipur Balaji,\nTehsil Todabhim, District Karauli (Raj.)----Petitioner\n Versus\nShri Rajeshwar Singh Chairman Cum Managing Director,\nRajasthan State Road Transport Corporation, Head Office\nParivahan Marg, Chomu House, C-Scheme, District Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 152/2021\nRampal Gurjar S/o Shri Choga Lal, Aged About 65 Years, R/o\nKhanij Nagar, Balupura Road, Adarsh Nagar, Jaipur (Raj..)----Petitioner\n Versus\nShri Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n S.B. Civil Miscellaneous Application No. 153/2021\nKailash Chand Chouhan S/o Shri Shiv Narayan, Aged About 64\nYears, R/o 888/42, Dhan Nadi, Balupura Road, Ajmer (Raj.)----Petitioner\n Versus\nShri Alok, Managing Director, Rajasthan State Road, Transport\nCorporation Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.(Downloaded on 07/07/2022 at 09:17:23 PM)(11 of 15) [CMAP-106/2021]\n\n\n ----RespondentS.B. Civil Miscellaneous Application No. 1/2022\nDawood Khan S/o Noor Mohammad, Aged About 62 Years, R/o\nGram Fatehpur, Pahari, Tehsil Pahari, District Bharatpur. (Raj.)----Petitioner\n Versus\nRajhans Upadhyaya Chairman Cum Managing Director, Rajasthan\nState Road, Transport Corporation, Parivahan Marg, C-Scheme,\nJaipur----Respondent\n\n\nFor Petitioner(s) : Mr.Vinayak Kumar Joshi, Adv.\nFor Respondent(s) : Mr.Rahul Ghiya, Adv.Mr.Vinod Kumar Mathur, Adv.HON'BLE MR. JUSTICE ASHOK KUMAR GAUR\n Order\n04/07/2022\n\n These misc. applications have been filed on behalf of the\n\nRajasthan State Road Transport Corporation for recalling the order\n\ndated 25.08.2021, passed by this Court in different contempt\n\npetitions filed by the employees-petitioners for seeking compliance\n\nof the order for payment of interest on the gratuity.This Court on 25.08.2021 disposed of the contempt petitions\n\ndirecting the contemnors-Officers of the RSRTC to pay due interest\n\non gratuity to the petitioners within a period of six months.This Court further made it clear that if due interest was not\n\npaid, as directed, the petitioners were at liberty to move\n\napplication for revival of the contempt petitions.Learned counsel appearing for the Corporation Mr.Vinayak\n\nJoshi submitted that after passing of the order by this Court on\n\n25.08.2021, the Corporation had issued a circular dated(Downloaded on 07/07/2022 at 09:17:23 PM)(12 of 15) [CMAP-106/2021]\n\n\n\n03.11.2021 whereby priorities have been given to make payment\n\nto the employees, under different heads.Learned counsel for the Corporation submitted that the\n\nCircular dated 03.11.2021 ensures payment of interest on gratuity\n\nas given at Priority-VIII.Learned counsel submitted that the first Priority of the\n\nCorporation is to give salary to the working employees and\n\npension to the retired employees.Learned counsel submitted that as per circular dated\n\n03.11.2021, the Corporation has paid the Principal amount of\n\ngratuity, privilege leave & arrears of 5 th and 6th Pay Commissions\n\nto the employees, who retired upto August, 2021.Learned counsel further submitted that after order was\n\npassed by this Court on 25.08.2021, the Principal Seat at Jodhpur\n\nhas also passed an order, whereby directions have been given to\n\nfirst pay the gratuity amount and interest on the gratuity amount\n\nis not to be paid.Learned counsel submitted that keeping in mind, the\n\ndirections issued at Principal Seat at Jodhpur as well as circular\n\ndated 03.11.2021, the Authorities want more time to comply with\n\nthe directions given by this Court and counsel submits that the\n\ncircular dated 03.11.2021 is required to be kept in mind and all\n\npayments have been made strictly.This Court has given outer limit of six months and the same\n\ntime limit is not possible to be adhered to by the Corporation in\n\nview of the subsequent developments which had taken place.Learned counsel appearing for the petitioners submitted that\n\nthe earlier contempt petitions, which were disposed of by this\n\nCourt, by giving specific direction to the Authorities to release(Downloaded on 07/07/2022 at 09:17:23 PM)(13 of 15) [CMAP-106/2021]\n\n\n\namount of interest on the gratuity and six months outer time limit\n\nwhich was provided, was sufficient for compliance of the order.Learned counsel for the petitioners further submitted that\n\nentitlement of the writ petitioners for due interest on gratuity has\n\nnever been disputed and the Corporation is not making sincere\n\nefforts for releasing the said claim of the petitioners.Learned counsel for the petitioner further submitted that the\n\nDivision Bench in D.B.Special Appeal Writ Petition\n\nNo.1012/2021 (Managing Director & Anr. Vs.Shyam Sunder\n\nSharma) has also directed the Authorities of the Corporation to\n\nmake due payment to the employees of overtime and other claims\n\nand while disposing of the appeal of the Corporation, the outer\n\ntime limit of four months was fixed and only upon a genuine\n\ndifficulty being faced by the Corporation, such time was permitted\n\nto be extended by the Single Bench.This Court while hearing the misc. applications, had directed\n\nlearned counsel for the Corporation to file an affidavit as what\n\nsteps have been taken by the Corporation to comply with the\n\norder and circular dated 03.11.2021.Learned counsel Mr.Vinayak Joshi has filed an additional\n\naffidavit and has narrated the facts regarding payment being\n\nmade to the different employees who stood retired.Learned counsel, on the strength of the affidavit, submitted\n\nthat time and again the Corporation is making request to the State\n\nGovernment to release the required fund for making payment to\n\nthe different employees who have retired long back.Learned counsel submitted that the Corporation has\n\nsurrendered two premises in favour of the State Government and\n\nagainst such surrender, the Corporation has been paid advance(Downloaded on 07/07/2022 at 09:17:23 PM)(14 of 15) [CMAP-106/2021]\n\n\n\namount of Rs.214 Crores and as such all employees who have\n\nretired up to August 2021 their pension and gratuity amount have\n\nbeen paid. Learned counsel submitted that the Corporation has\n\nborrowed Rs.260 Crores from different banks.Learned counsel submitted that the efforts so made by the\n\nAuthorities, clearly show their intention to comply with the\n\ndirections issued by this Court from time to time and as such the\n\norder passed by this Court on 25.08.2021, may be\n\nmodified/recalled.I have heard the submissions made by learned counsel for\n\nthe parties and perused the material available on record.This Court finds that after passing of the order dated\n\n25.08.2021, the respondent-Corporation has issued circular dated\n\n03.11.2021, whereby interest on gratuity is required to be paid by\n\nthe Corporation at Priority-VIII and other dues of the employees\n\nare required to be paid in the Priority, as fixed in the circular dated\n\n03.11.2021.This Court further finds that the Principal Seat at Jodhpur\n\nhas also directed the Authorities of the Corporation to first pay the\n\nPrincipal amount of pension and gratuity and payment of interest\n\non gratuity, will be considered later on.This Court accordingly, finds that the order dated 25.08.2021\n\nneeds to be modified and accordingly, the time limit which was\n\ngiven of six months to comply with the order for payment of\n\ninterest and gratuity is further extended for a period of six\n\nmonths.This Court also makes it clear that if there is any violation of\n\ncircular dated 03.11.2021 issued by the Corporation, the(Downloaded on 07/07/2022 at 09:17:23 PM)(15 of 15) [CMAP-106/2021]\n\n\n\n petitioner would be at liberty to file appropriate application before\n\n this Court.This Court also grants liberty to the Corporation to move\n\n appropriate application, in the event they find any difficulty in\n\n complying with the order, or the circular dated 03.11.2021 is not\n\n implemented due to shortage of fund, as per Priorities given in the\n\n circular.Accordingly, all these applications stand disposed of.(ASHOK KUMAR GAUR),J\n\n Monika/38-77(Downloaded on 07/07/2022 at 09:17:23 PM)Powered by TCPDF (www.tcpdf.org) |
38dca270-9c27-51db-b998-8507168a4dfa | court_cases | Madras High CourtM.Jeganmohan vs The Regional Transport Officer on 27 September, 2022Author:Mohammed ShaffiqBench:Mohammed ShaffiqW.P.(MD)No.22652 of 2022\n\n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n DATED : 27.09.2022\n\n CORAM\n\n THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ\n\n W.P.(MD)No.22652 of 2022\n M.Jeganmohan ... Petitioner\n\n Vs.\n\n 1. The Regional Transport Officer,\n The Regional Transport Office,\n Thanjavur.\n\n 2. The Inspector of Police,\n Vallam Police Station,\n Vallam, Thanjavur District. ... Respondents\n\n PRAYER : Petition filed underArticle 226of the Constitution of India\n praying for issuance of Writ of Mandamus directing the Respondents to\n return the original driving license No.TN4519961002096 of the petitioner\n to him forthwith.\n\n For Petitioner : Mr.S.Arunachalam\n\n For Respondents : Mr.M.Prakash\n Addl. Government Pleader for R1\n Mr.R.M.Anbunithi\n Additional Public Prosecutor for R2\n\n\n _________\n Page 1 of 9\n\n\nhttps://www.mhc.tn.gov.in/judis\n W.P.(MD)No.22652 of 2022\n\n ORDERThis Writ Petition is filed praying for a Mandamus directing the\n\n Respondents to return the original driving license No.TN4519961002096 of\n\n the Petitioner forthwith.2. Mr.M.Prakash, learned Additional Government Pleader, takes\n\n notice for the 1st Respondent and Mr.R.M.Anbunithi, learned Additional\n\n Public Prosecutor, takes notice for the 2nd Respondent.3. The question that falls for consideration in this petition is as to\n\n whether the 1st Respondent has a power to impound the driving licence of a\n\n person involved in a road traffic accident.4. The learned counsel for the Petitioner submitted that on\n\n 27.08.2022, the bus, driven by the Petitioner herein, was involved in a road\n\n traffic accident resulting in death of a person. Pursuant to which, an FIR in\n\n Crime No.827 of 2022 came to be registered by the 2 nd Respondent Police\n\n for offences underSections 279,337and304(A)of IPC. Thereafter, on\n\n _________Page 2 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 202231.08.2022, the Petitioner was directed to produce the bus for inspection\n\n before the Motor Vehicle Inspector. On that day, the vehicle was inspected\n\n as well as the Petitioner's license was retained by the Motor Vehicle\n\n Inspector. Thereafter, on 07.09.2022, the Petitioner approached the Office of\n\n the 1st Respondent and submitted a representation for return of his driving\n\n license, which is stated to be denied. Hence, the present Writ Petition.5. The learned counsel for the Petitioner submits that the\n\n Petitioner was not given any show cause notice nor any enquiry conducted.The Petitioner was not involved in any accident previously. It is submitted\n\n by the learned counsel for the Petitioner that the question that is raised in\n\n this Writ Petition stands resolved by a Division Bench of this Court in\n\n W.A.No.176 of 2009 and the said judgment is being followed consistently\n\n by this Court. It may be relevant to refer to the following portions of the\n\n said judgment, which reads as under:"6.Section 19(1)of the Motor Vehicles Act, 1988,\n empowers the Licensing Authority to disqualify a person for\n holding or obtaining any driving licence for a specified\n period or to revoke any such licence. Similarly, a Court\n which convicts a person for an offence under the Act, is\n\n\n _________Page 3 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 2022empowered bySection 20(1)to disqualify such person from\n holding a driving licence for a specific period.Section 21makes a driving licence become suspended, if the holder of\n the licence had been previously convicted of an offence\n punishable underSection 184and a case had been\n registered against him on the allegation of causing the\n death or grievous injury to one or more persons by\n dangerous driving.Section 22empowers the Court to\n cancel or suspend the driving licence, upon conviction of a\n person for an offence underSection 184.7.Obviously,Sections 20and22are not\n applicable to the case on hand, since the action impugned\n in the writ petition did not arise out of the disqualification\n ordered by a Court. There is no allegation that the\n appellant was previously convicted for an offence underSection 184. Therefore,Section 21also has no application\n to the case on hand. Consequently, the only provision to\n which the respondent could restore to, isSection 19.8.Section 19of the Motor Vehicles Act, 1988,\n reads as follows:-“19.Power of licensing authority to disqualify\n from holding a driving licence or revoke such lince.(1) If a licensing authority is satisfied, after\n giving the holder of a driving licence an opportunity of\n being heard, that he-(a) is a habitual criminal or a habitual\n drunkard; or(b) is a habitual addict to any narcotic drug or\n psychotropic substance within the meaning of the Narcotic\n Drugs and Psychotropic Substances Act, 1985 (61 of\n 1985); or(c) is using or has used a motor vehicle in the\n commission of a cognizable offence; or(d) has by his previous conduct as driver of a\n motor vehicle shown that his driving is likely to be\n attended with danger to the public; or\n\n\n _________Page 4 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 2022(e) has obtained any driving licence or a\n licence to drive a particular class or description of motor\n vehicle by fraud or misrepresentation; or(f) has committed any such act which is likely\n to cause nuisance or danger to the public, as may be\n prescribed by the Central Government, having regard to\n the objects of this Act; or(g) has failed to submit to, or has not passed,\n the tests referred to in the proviso to sub-section (3) of\n section 22; or(h) being a person under the age of eighteen\n years who has been granted a learner’s licence or a\n driving licence with the consent in writing of the person\n having the care of the holder of the licence and has ceased\n to be in such care, it may, for reasons to be recorded in\n writing, make an order-(i) disqualifying that person for a specified\n period for holding or obtaining any driving licence to drive\n all or any classes or descriptions of vehicles specified in\n the licence; or(ii) revoke any such licence.(2) Where an order under sub-section (1) is\n made, the holder of a driving licence shall forthwith\n surrender his driving licence to the licensing authority\n making the order, if the driving licence has not already\n been surrendered, and the licensing authority shall,-(a) if the driving licence is a driving licence\n issued under this Act, keep it until the disqualification has\n expired or has been removed; or(b) if it is not a driving licence issued under\n this Act, endorse the disqualification upon it and send it to\n the licensing authority by which it was issued; or(c) in the case of revocation of any licence,\n endorse the revocation upon it and if it is not the authority\n which issued the same, intimate the fact of revocation to\n the authority which issued that licence:_________Page 5 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 2022Provided that where the driving licence of a\n person authorises him to drive more than one class or\n description of motor vehicles and the order, made under\n sub-section (1), disqualifies him from driving any specified\n class or description of motor vehicles, the licensing\n authority shall endorse the disqualification upon the\n driving licence and return the same to the holder.(3) Any person aggrieved by an order made by\n a licensing authority under sub-section (1) may, within\n thirty days of the receipt of the order, appeal to the\n prescribed authority, and such appellate authority shall\n give notice to the licensing authority and hear either party\n if so required by that party and may pass such order as it\n thinks fit and an order passed by any such appellate\n authority shall be final.”9.A bare reading ofSection 19(1)shows that the\n Licensing Authority has the power to revoke any licence or\n disqualify a person for a specified period from holding or\n obtaining a driving licence, if any of the contingencies\n prescribed in Clauses (a) to (h) of Sub Section (1) ofSection\n 19arises. Moreover, the power underSection 19(1)can be\n invoked only after giving an opportunity of being heard to\n the holder of the licence and for reasons to be recorded in\n writing.10.But in the case on hand, the licence of the\n appellant has been impounded or retained by the\n respondent, immediately after the accident on 18.3.2009.\n Admittedly, the show cause notice was issued only on\n 28.4.2009. Therefore, it is clear that the driving licence was\n retained, both without an order in writing and without\n affording an opportunity of being heard to the appellant.\n This is a clear violation of the provisions of the statute and\n hence the order of the learned Judge, dismissing the writ\n petition deserves to be set aside.'\n\n\n\n\n _________Page 6 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 20226. This Court finds that inasmuch as admittedly neither any show\n\n cause notice nor an enquiry having been made, the retention of the license is\n\n illegal, in view of the order of the Division Bench of this Court (supra).Hence, the 1st Respondent is directed to return the driving licence of the\n\n Petitioner, within a week from the date of receipt of a copy of this order.However, it shall not preclude the 1st Respondent from proceeding further\n\n with the proceedings already initiated, if any of the contingencies specified\n\n in Clauses (a) to (h) ofSection 19(1)of the Motor Vehicles Act, 1988 has\n\n arisen or if any of the Rules as prescribed by the Central Government in\n\n pursuance ofSection 19(1)(f)are violated.7. With the above directions, this Writ Petition is allowed. No\n\n costs.27.09.2022\n Index : Yes / No\n Speaking Order : Yes / No\n\n vji\n Note: Issue order copy by 30.09.2022\n\n\n _________Page 7 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 2022To1. The Regional Transport Officer,\n The Regional Transport Office,\n Thanjavur.2. The Inspector of Police,\n Vallam Police Station,\n Vallam, Thanjavur District._________Page 8 of 9https://www.mhc.tn.gov.in/judisW.P.(MD)No.22652 of 2022MOHAMMED SHAFFIQ, J.vjiW.P.(MD)No.22652 of 202227.09.2022\n\n\n\n\n _________Page 9 of 9https://www.mhc.tn.gov.in/judis |
00f2ab87-051a-578d-8883-4edcc82be860 | court_cases | Jammu & Kashmir High Court - Srinagar BenchUniversity Of Kashmir And Another vs Tej Paul Singh And Others on 17 February, 2023Author:Vinod Chatterji KoulBench:Vinod Chatterji KoulHIGH COURT OF JAMMU & KASHMIR AND LADAKH\n AT SRINAGAR\n ...\n CMAM no.11/2011\n\n Pronounced on: 17.02.2023\n\nUniversity of Kashmir and another\n .........Appellant(s)\n\n Through: Mr T. H. Khawja, Advocate\n\n Versus\n\nTej Paul Singh and others\n ......Respondent(s)\n\n Through: Mr Manzoor A. Dar, Advocate &\n Mr Javaid Ahmad, Advocate\n\n\nCORAM:\n HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE\n\n JUDGEMENT1. Impugned in this Appeal is Award dated 19th July 2010, passed by\n\n Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") on a\n\n Claim petition bearing File no.33/2003 titled asTej Paul Singh v. New\n\n India Insurance Corporation and others, holding claimant - respondent\n\n no.1 entitled to compensation in the amount of Rs.1,30,000/- inclusive\n\n of interim relief, if any, passed in his favour along with 6% interest\n\n form the date of institution of claim petition till final realisation and\n\n directing respondent no.3 - appellant herein to pay the said amount, on\n\n the grounds made mention of therein.2. A claim petition, as is discernible from perusal of the file, was filed by\n\n respondent no.1/claimant before the Tribunal on 5th March 2003,\n\n\n Page 1Mac App no.11/2011averring therein that on 7th May 2002, he met with an accident allegedly\n\n caused by vehicle owned by appellant-University, bearing Registration\n\n no.JK01C-6944, in which petitioner sustained injuries and was\n\n hospitalised. FIR no.28/2002 was registered. Claimant/Respondent\n\n no.1 in his claim petition, prayed for grant of compensation in the\n\n amount of Rs.2.00 Lakhs.3. Respondent-Insurance Company resisted the claim petition before the\n\n Tribunal. Its stand was that alleged accident was outcome of rashness,\n\n negligence and carelessness on the part of claimant/respondent no.1\n\n driving the motor cycle.4. The Tribunal, in view of pleadings of parties, vide order dated 9th June\n\n 2003, framed the Issues for determination, which are:1) Whether on 07.05.2009, Aijaz Ahmad Bhat respondent no.3\n under the employment of respondent no.2 was plying vehicle\n no.JK01C/6944 rashly and negligently as a result of which at\n Kathi Darwaza it hit motor cyclist Tej Paul Singh who sustained\n severe bodily injuries rendering him permanently disabled? OPP2) Whether the driver of the offending vehicle was not holding any\n driving licence on the date of accident and as such the insurance\n company cannot be saddled with the liability? OPR-13) Whether the offending vehicle was not insured with respondent\n no.1 insurance company on the date of accident and as such the\n insurance company cannot be held liable to indemnify the\n insured and compensate the petitioner? OPR-14) Whether no accident was caused by the offending vehicle on\n 07.05.2003, so the petition is not maintainable and liable to be\n dismissed? OPR 2 and 35) In case issue no.1 is proved in affirmative to what amount of\n compensation the petitioner is entitled to, whom and in what\n proportion? OPP6) Relief.5. Claimant in support of his claim before the Tribunal produced and\n\n examined three witnesses, besides himself. Insurance Company\n\n produced one witness and appellant-university produced one witness.\n\n Respondent-driver also appeared as witness.Page 2Mac App no.11/20116. By virtue of impugned Award, the Tribunal found claimant entitled to\n\n compensation of Rs.1,30,000/- along with 6% interest from the date of\n\n institution of claim till realization. This is how the instant Appeal has\n\n come up before this Court.7. I have heard learned counsel for parties and considered the matter. I\n\n have gone through the record of the Tribunal.8. According to learned counsel for appellant University, the Tribunal has\n\n wrongly absolved Insurance Company of its liability to pay\n\n compensation under contract of indemnity and has, thus, wrongly\n\n directed appellant-University to pay compensation to the claimant.9. Per contra, learned counsel for respondent-Insurance has stated that\n\n exemption of PSV endorsement is applicable to LMV driving licence\n\n holders only and in regard to other vehicles, and that PSV endorsement\n\n is required for plying public service vehicle. He also states that it is only\n\n after accident, which took place on 7th May 2002, that endorsement of\n\n HGV and HPMV stood incorporated in the driving licence of driver of\n\n offending vehicle and therefore, the Tribunal has rightly mulcted owner\n\n of offending vehicle with the liability of paying compensation to\n\n claimant. He has placed reliance on an order dated 8th March 2022,\n\n passed by the Supreme Court in M/sBajaj Alliance General Insurance\n\n Co. Ltd v. Rambha Devi and others, 2022 LiveLaw (SC) 70, to contend\n\n that latter part ofSection 3of the Motor Vehicles Act stipulates that no\n\n person shall so drive a transport vehicle other than the motor cab or\n\n motor cycle hired for his own use or rented under any scheme made\n\n under any scheme made under subsection (2) ofSection 75of the Act\n\n\n Page 3Mac App no.11/2011unless his driving licence specifically entitles him so to do and that the\n\n provisions contemplated different regimes for those having licence to\n\n motor vehicles as against those licensed to drive transport vehicles.10.There is force and impetus in the submission of learned counsel for\n\n respondent-Insurance Company that driver of offending vehicle was\n\n not having valid driving licence when the accident took place, which\n\n fact is substantiated by his own act when he got his driving licence\n\n updated by incorporating endorsement of HGV (Heavy Good Vehicle)/\n\n HPMV (Heavy Passenger Motor Vehicle).Conspicuously, therefore, submission of learned counsel for\n\n appellant-University that since driver of offending vehicle was already\n\n plying HMV (Heavy Motor Vehicles), he could have plied HPMV\n\n (Heavy Passenger Motor Vehicles) is misconceived.11.For the reasons discussed above, the instant Appeal is dismissed.\n\n Interim direction, if any, shall stand vacated.12.Copy of this judgement along with the record be sent down.(Vinod Chatterji Koul)\n Judge\nSrinagar\n17.02.2023\nAjaz Ahmad, PS\n Whether the order is reportable: Yes/No.\n\n\n\n\n Page 4Mac App no.11/2011 |
d81f5f7c-4db1-5217-be32-28a77b7a8bb8 | court_cases | Central Information CommissionGurnam Singh vs Office Of The Additional Distt. ... on 19 March, 2020के न्द्रीयसूचनाआयोग\n Central Information Commission\n बाबागंगनाथमागग, मुननरका\n Baba Gangnath Marg, Munirka\n नईददल्ली, New Delhi - 110067\n\n नितीय अपील संख्या / Second Appeal No. CIC/ADDDM/A/2018/136201\n CIC/ADDDM/A/2018/136203\n\n\nShri Gurnam Singh ... अपीलकताग/Appellant\n VERSUS/बनाम\n\nPIO, Sub-Divisional Magistrate-IV-HQ, ...प्रनतवादीगण /Respondent\nCivil Lines, Delhi - 110054\n\nThrough: Shri Anil Kumar Aggarwal, Section\n Officer and Ms. Monika, Asst. Section\n Officer\n\n Date of Hearing : 18.03.2020\n Date of Decision : 19.03.2020\n Information Commissioner : Shri Y. K. Sinha\n\nSince both the parties are same, the above mentioned cases are clubbed\ntogether for hearing and disposal.\n\n Relevant facts emerging from appeal:\n\n Case RTI Filed CPIO First FAO's Second\n Nos. on reply's Appeals Appeals\n dated\n 136201 27.02.2018 N.A. 06.04.2018 N.A. 07.06.2018\n 136203 26.02.2018 N.A. Nil N.A. 07.06.2018\n\n CIC/ADDDM/A/2018/136201\n\n Information soughtand background of the case:The Appellant filed RTI application dated 27.02.2018 seeking following\n information with specific reference to weblink\n http://delhi.gov.in/wps/wcm/connect/doit_revenue/Revenue/Home/1984+Riots\n +Cases/(last updated on 10.08.2016).Page 1 of 4A) SETTLED CASES of Injury Claims PAGE 63, Residential Property Claims\n PAGE 197, Uninsured Commercial Property Claims PAGE 65,\n Rehabilitation Claims PAGE 1 and provide me the below information about\n above mentioned page no's:-1. Please provide me the copy of order passed along with copy of\n notifications/ circulars/orders/guidelines of M.H.A and GNCTD vide\n which these claims were sanctioned.2. Upon which basis the calculation of amount was made by CSO.Did he assess the goods loss while deciding claims of residential\n properties.3. In settled cases of Punjab red card holders, their red cards were\n bearing address of Punjab or Delhi at the time of sanctioning their\n claim by GNCTD.4. In death cases of head card holder, to whom the grants were\n sanctioned.B) Information required out of PENDING CASES Rehabilitation Claims\n PAGE 11. Please provide me the copy of M.H.A and GNCTD notifications/\n circulars/orders/guidelines, vide which these claims were kept\n pending.2. Please provide me the list of cases sanctioned out of pending\n cases as on date.3. Please provide me the copy of GNCTD letter vide which the case\n was referred to the Punjab Govt. and the copy of reply received from\n Punjab by GNCTD.C) Cases of FLATS/SHOPS SANCTIONED Please provide me the copy of\n M.H.A/GNCTD notification vide which the flats and shops were sanctioned\n to some victims.(Queries are verbatim)\n\nHaving not received any reply from the PIO, the Appellant filed First Appeal\ndated 06.04.2018 which was not adjudicated by the First Appellate Authority.\nTherefore, the Appellant approached the Commission in the instant Second\nAppeal.Facts emerging in Course of Hearing:Communication dated 28.02.2020 has been received from Nodal\nOfficer(RTI)/SDM-V(HQ) instructing the PIO/SDM-II(HQ) to attend and\nrepresent the instant hearing.Page 2 of 4Appellant attended hearing through audio conference while Respondent is\n present in person during hearing. Appellant stated that after receiving the\n hearing notice from the Commission, he has received information from the\n Respondent on 17.03.2020 for which he expressed his satisfaction and did not\n press the instant Appeal further. Upon being asked by the Commission,\n Appellant stated that he did not receive any information from the Respondent\n within the stipulated timeframe as specified in theRTI Act.Respondent submitted a copy of reply dated 17.03.2020 to the Commission for\n perusal.Decision:After hearing parties and perusal of record, the Commission concludes that the\n information sought has been furnished by the Respondent. Commission\n further notes that the Respondent Authority has taken almost two years to\n provide reply to the instant RTI Application, which is a blatant violation of the\n mandated timeframe as specified in theRTI Act. The then PIO is directed to\n submit an explanation for not replying within the stipulated 30 days timeframe\n from the date of receipt of the instant RTI application. The present PIO & FAA\n should serve the notice on the then PIO. Explanation must reach the\n Commission by 30.04.2019. Further proceedings, if found desirable, shall be\n notified in due course.CIC/ADDDM/A/2018/136203\n\nInformation sought and background of the case:\nThe Appellant filed RTI application dated 26.02.2018 seeking information\nthrough 4 points:1. Please forward me the copy of application which was submitted to the\n office of D.C by Joga Singh on 9.4.91 for house allotment.2. Please provide me the copy of reply filed by Joga Singh in response to said\n letter.3. What was the fate of this letter.4. Please provide me the copy of M.H.A/GNCTD notification vide which the\n flats and shops were supposed to be sanctioned to the victims as\n mentioned in this letter.(Queries are verbatim)\n\n Having not received any reply from the PIO, the Appellant filed First Appeal\n dated Nil which was not adjudicated by the First Appellate Authority.\n Therefore, the Appellant approached the Commission in the instant Second\n Appeal.Page 3 of 4Facts emerging in Course of Hearing:Appellant attended hearing through audio conference while Respondent is\n present in person during hearing. Appellant stated that he did not receive any\n information from the Respondent within the stipulated timeframe as specified\n in theRTI Act.Respondent submitted a copy of a reply dated 31.07.2018 provided to the\n Appellant for perusal of the Commission, wherein it was stated on point nos. 1,\n 2 and 3 of the RTI application "Sought information is not available in this\n branch. Moreover, the information which in normal course is exempt from\n disclosure under sub section (1) ofsection 8of the RTI Act, would cease to be\n exempted if 20 years have lapsed after occurrence of the incident to which the\n information relates". Upon being asked by the Commission, Respondent further\n submitted that the information sought in the instant RTI application is not\n available in their branch.Decision:Upon perusal of the facts on record as well as on the basis of the proceedings\n during hearing, Commission observes that the information sought has been\n denied by the Respondent underSection 8(3)of the RTI Act and in support of\n the same, he has also relied upon the DoPT's OM no. 1/4/2009-IR dated\n 05.10.2009 and OM no. 1/32/2013-IR dated 28.11.2013 pertaining to Guide\n on the Right to Information Act, 2005.In view of the above, Commission finds that information as available on records\n has already been furnished to the Appellant. No further adjudication is\n required in the matter.The appeals are disposed off.Y. K. Sinha (वाई. के . नसन्द्हा)\n Information Commissioner (सूचना आयुक्त)\n\nAuthenticated true copy\n(अभिप्रमाणितसत्यापितप्रतत)\n\nRam Parkash Grover (राम प्रकाश ग्रोवर)\nDy. Registrar (उप-पंजीयक)\n011-26180514Page 4 of 4 |
d8b2db69-3280-5b1d-a07f-8ebd01e2bd7e | court_cases | Rajasthan High Court - JodhpurAbdul Vajid vs State Of Rajasthan on 22 July, 2022Author:Arun BhansaliBench:Arun BhansaliHIGH COURT OF JUDICATURE FOR RAJASTHAN AT\n JODHPUR\n S.B. Civil Writ Petition No. 10233/2022\n\n1. Abdul Vajid S/o Sh. Abdul Qaiyoom, Aged About 38\n Years, Lala Lajpat Rai Colony, 5Th Road, Sardarpura,\n Jodhpur (At Present Working Govt. Girls College Pali).\n2. Adesh Ram Bhadiyar S/o Sh. Ram Prasad, Aged About 31\n Years, Gram Bhadiyaro Ka Bas Village Nadsar Tehsil\n Bhopalgarh, District Jodhpur. (At Present Working S.b.r.\n Mirdha Govt. College Nagaur).\n3. Mohammad Ezaz Khan S/o Sh. Abdul Rauf Khan, Aged\n About 30 Years, Green House, Garib Nawaz Colony, Gali\n No. 4, Jooosri Road, Makrana, Nagaur (Rajasthan)\n 341505 (At Present Working S.b.r. Mirdha Govt. College\n Nagaur).\n4. Dr. Manju Songara D/o Sh. Jugal Kishore Songara, Aged\n About 42 Years, K-66, Hukdo Quaters,n Pratap Nagar,\n Jodhpur (Rajasthan) 341505. (At Present Working Govt.\n Bangar P.g. College Pali).\n5. Dr. Mamta Singh W/o Sh. Gurdeep Singh, Aged About 43\n Years, Umed Niwas Colony, Shiv Road, Kesar Bagh,\n Ratanda, Khalsa Heritage Plot No. 2, Jodhpur (At Present\n Working Govt. College Osian District Jodhpur).\n6. Dr. Manisha Shekhawat, Aged About 46 Years, 9-A-A/1-\n A/2, Sathin, Opp. Rajput Sabha Bhawan, Paota B Road,\n Jodhpur (Rajasthan) 342006. (At Present Working Govt.\n Bangar P.g. College Pali).\n7. Ashok Kumar Yadav S/o Sh. Udaybhan, Aged About 33\n Years, 114, Kaveri Hostel, Jnu, South West, Delhi (At\n Present Working Govt. College Khinwasar, District\n Nagaur).\n8. Dr. Aruna D/o Sh. Tulsi Ram, Aged About 39 Years,\n Narbada Devi School Ke Samne, Nehru Colony, Balotra\n District Barmer (At Present Working Govt. College Patodi,\n District Barmer).\n9. Bhanwar Lal S/o Sh. Poonaram, Aged About 32 Years,\n Rabariyon Ka Vas, Baba Gaon, Pali District Pali (At\n Present Working Govt. College Sumerpur, District Pali).\n10. Chunna Ram Meghwal S/o Sh. Revanta Ram Meghwal,\n Aged About 26 Years, Ajabpura, District Nagaur (At\n\n\n (Downloaded on 22/07/2022 at 09:22:02 PM)\n (2 of 4)\n\n\n Present Working S.b.r. Mirdha Govt. College Nagaur).\n11. Suresh Kumar S/o Sh. Mohan Lal, Aged About 29 Years,\n Luharon Ka Vas, Dujana, District Pali (At Present Working\n Govt. College Sumerpur, District Pali).\n12. Nadeem Ahmed S/o Sh. Allahnoor, Aged About 33 Years,\n Matabhar Road, Mominpura Ward No. 35, Makrana,\n District Nagaur (At Present Working Govt. College\n Makrana District Nagaur).\n13. Dr. Ranjeet Singh Chouhan S/o Sh. Ramdev Singh\n Chouhan, Aged About 44 Years, House No. 7 H 31, Kudi\n Bhagtasni, Jodhpur. (At Present Working Samrat\n Prathviraj Chouhan Govt. College Ajmer).\n14. Madan Lal Panchariya S/o Sh. Devi Lal Panchariya, Aged\n About 50 Years, Balunda, District Pali (At Present Working\n Govt. College Lohawat, District Jodhpur).\n15. Mohammad Ramjan S/o Sh. Nawab Khan, Aged About 34\n Years, Infront Of Government School No. 06, Deshwali\n Colony, Makrana, District Nagaur (At Present Working\n Govt. College Makrana, District Nagaur).\n16. Dhiraj Panwar S/o Sh. Shubh Karan Panwar, Aged About\n 30 Years, 338, Ward No. 14 Jaipur Road Kisan Ghat Ke\n Pas, Churu (At Present Working Govt. College Taranagar,\n District Churu).\n17. Dr. Anita Devi D/o Sh. Rajendra Kumar, Aged About 44\n Years, House No. 972, Kirori, Hisar (Hr.) (At Present\n Working Govt. College Bhadra, District Hanumangarh).\n18. Dr. Aalok Sharma S/o Sh. Nagarmal Sharma, Aged About\n 40 Years, F 152, Ghandhi Nagar, Tonk Road, Lal Kothi,\n Jaipur (At Present Working Govt. Dungar College\n Bikaner).\n19. Janual Aabdeen S/o Sh. Najir Mohmmad, Aged About 42\n Years, 110, Sardasr Patel Nagar, Pali Marwar (At Present\n Working Govt. College Sumerpur, Pali).\n20. Poonam Kumari D/o Sh. Dev Karan, Aged About 26\n Years, Ward No. 14, Neem Ki Dhani, Bamlas, Jhunjhunu\n (At Present Working Govt. College Khandela District\n Sikar).\n21. Radheshyam Parihar S/o Sh. Madanlal Parihar, Aged\n About 42 Years, Phadoliya Ka Bas, Sensra, Nagaru (At\n Present Working Govt. Girls College Merta City, Nagaur).\n\n\n (Downloaded on 22/07/2022 at 09:22:02 PM)\n (3 of 4)\n\n\n22. Pravin Kumar S/o Sh. Chanda Ram, Aged About 29 Years,\n Dhamseen Dist. Jalore (At Present Working Govt. College\n Sumerpur, Pali).\n23. Hemant Charan S/o Sh. Bhawani Singh Charan, Aged\n About 32 Years, Karni Colony, Nagaur (At Present\n Working Govt. College Bhaniyana, Jaisalmer).\n24. Ruby Swami W/o Sh. Rajeev Swami, Aged About 37\n Years, Nathusar Gate, Near Lali Bai Park, Bikaner (At\n Present Working Govt. Dungar College Bikaner).\n ----Petitioners\n Versus\n1. State Of Rajasthan, Through Secretary, Higher Education,\n Government Of Rajasthan, Government Secretariat,\n Jaipur.\n2. Finance Department, Through Principal Secretary, 1St\n Floor, Main Building, Government Secretariat, Jaipur -\n 302005, Rajasthan.\n3. Department Of College Education, Through Its\n Commissioner, Block 4, Dr. S. Radhakrishan Shiksha\n Sankul, Jln Marg, Jaipur.\n4. Principal, Govt. Girls College, Pali.\n5. Principal, S.b.r. Mirdha Govt. College, Nagaur.\n6. Principal, Govt. Bangur P.g. College, Pali.\n7. Principal, Govt. College Osian, Jodhpur.\n8. Principal, Govt. College Khinwasar, Nagaur.\n9. Principal, Govt. College Baytu, Barmer.\n10. Principal, Govt. Bangur College Didwana, Nagaur.\n11. Principal, Govt. College Taranagar, Churu.\n12. Principal, Govt. College Bhadra, Hanumangarh.\n13. Principal, Govt. Dungar College Bikaner.\n14. Principal, Govt. College Khandela, Sikar.\n15. Principal, Samrat Prathviraj Chauhan Govt. College,\n Ajmer.\n16. Principal, Jai Narayan Mohan Lal Rajpurohit Govt. P.g.\n College Phalodi, Jodhpur.\n17. Principal, Govt. College Sumerpur, Pali.\n18. Principal, Govt. P.g. College Merta City, Nagaur.\n\n\n (Downloaded on 22/07/2022 at 09:22:02 PM)\n (4 of 4)\n\n\n 19. Principal, S.b.k. Govt. College Jaisalmer.\n ----Respondents\n\n\n For Petitioner(s) : Mr. Ramniwas Choudhary.\n For Respondent(s) :\n\n\n\n HON'BLE MR. JUSTICE ARUN BHANSALIOrder\n\n 22/07/2022\n\n It is submitted by learned counsel for the petitioners that the\n\n petitioners were engaged for 'Vidhya Sambal Yojna' as guest\n\n faculty, however, the respondents have relieved her.Submissions have been made that as the petitioners have\n\n been engaged by adopting a regular procedure, they could not\n\n have been relieved in the manner done by the respondents.In view of the submissions made, issue notice. Issue notice\n\n of stay application also.In the meanwhile, the respondents shall not engage any one\n\n else in place of the petitioners in 'Vidhya Sambal Yojna'.Connect with SBCWP No.6694/2022.(ARUN BHANSALI),J\n 56-PKS/-(Downloaded on 22/07/2022 at 09:22:02 PM)Powered by TCPDF (www.tcpdf.org) |
3dbef2d4-c6e6-5ced-a3e6-056ae384f7c5 | court_cases | Central Administrative Tribunal - PatnaSidheshwar Prasad Singh vs All India Radio on 13 October, 20221\n\n\n\n\n CENTRAL ADMINISTRATIVE TRIBUNAL\n PATNA BENCH, PATNA\n\n O.A. No. 050/000789/2019\n 9/2019 with MA 65\n 653/2022\n\n Date of Order: 13.10.2022\n CORAM\n HON'BLE MR M.C. VERMA\n VERMA, MEMBER [J]\n SHRI SUNIL KUMAR SINHA, MEMBER [A]\n\n\n1. Sidheshwar Prasad Singh, aged about 68 years (Male), Son of Late\n Devkinandan Singh, Resident of Village\n Village- Jakhara, Police Station--\n Hayaghat, District-\n District Darbhanga.\n .......... Applicant.\nBy Advocate :-\n : Shri Kaushal Kumar\n\n -Versus-\n1. The Union of India through the Director General Prasar Bharti (all India\n Radio) Akashwani Bhawan, Parliament Street, New Delhi\n Delhi-110001.\n\n2. The Director, Engineering, Prasar Bharti (all India Radio) Fraser Road,\n Patna\n Patna--800001.\n\n3. Assistant Director, Prasad Bharti\n Bharti (all India Radio), Darbhanga\n Darbhanga-846004.\n\n ......... Respondents.\nBy Advocate :-\n : Shri H.P. Singh\n\n O R D E R (O R A L)M.C. Verma, M[J]1. MA 653/202265 /2022 preferred by the applicant for amendment in the O.A. The\n\n pleadings made in the MA reveals that during pendency of this O.A,\n\n Presidential Order dated 10th May 2022 whereby penalty of withholding\n\n of hundred percent (100%) of monthly pension otherwise admissible to\n\n the CO "on permanent basis" and withholding of 100% of gratuity\n\n admissible to the CO permanently" has been imposed.2. Vide foresaid amendment application (MA No. 652/2022) applicant\n\n wants to insert one additional prayer by adding Paragraph 8 (III) to set\n\n aside the order dated 10.05.2022. Heard. Mr. Kaushal Kumar, Advocate2pressed the MA for amendment and Mr. H.P. Singh ld counsel for\n\n respondents submits that MA for amendment is not maintainable.3. Pleadings in the O.A. reveals that\n that the applicant was convicted by the\n\n learned Special Judge, CBI-III,\n CBI III, A.H.D Patna in R.C. No. 28(A)/1995\n\n and CIS No. 3503/2014 for the offence U/S 120 )B), 420, 467, 468 and\n\n 471 of theIndian Penal Coderead withSection 13(2),13(1)(d)of the\n\n P.C. Act. That during pendency of aforesaid CBI case applicant has\n\n superannuate\n superannuated on 31.08.2011 and aafter\n fter retirement he was allowed\n\n Provisional Pension and was paid GPF amount\n amount.. Applicant has pleaded\n\n in OA that suddenly, Provisional Pension was stopped w.e.f. January\n\n 2019. The pleading in OA also reveals that applicant was convicted in\n\n aforesaid CBI case on 19.11.2018 and against the order of conviction\n\n and sentence he has preferred appeal on the file of Hon'ble High Court.4. The prayer made in the O.A speaks :-- "(i) The applicant humbly prays\n\n that the opposite parties may be directed to pay his entire amount of\n\n retiral benefits in terms of recommendation made by the VIIth Pay\n\n Commission, with the interest of @ 10% per annum and (ii) Any other\n\n relief/s for which the applicant\n applicant may found entitled.entitled."5. In aforesaid backdrop facts, MA for amendment has been filed. It is\n\n enquired from the ld counsel for applicant that what fruitful purpose\n\n would be served even if the prayer for amendment made in MA for\n\n quashing the order dated 10.05.2022\n .05.2022 is allowed, in absence of\n\n amendment in Paragraph 4 & 5 of the OA; which relates to facts and\n\n ground respectively. It lacks in Para\n ara 4 of the O.A and the grounds\n\n assailing the legality of the order in Para 5 be not given how the order\n\n legally could be attached ?. It was also brought to his knowledge that as\n\n per record written statement has not yet been filed.36. At this stage it is informed by ld counsel for respondents that written\n\n statement is ready and if he is permitte\n permitted it may be filed today itself.7. Learned counsel for applicant, at this stage submits that he may be\n\n allowed to withdraw this O.A. with liberty to file a comprehensive O.A\n O.A,,\n\n with elaborate facts position and the grounds.8. Ld counsel for respondents at this stage\n stage submits that MA for amendment\n\n is not maintainable.9. Considered the submissions. Since MA for amendment has not been\n\n pressed seriously and rather ld counsel for applicant is seeking\n\n permission\n ermission for withdrawal of O.A, with liberty to file a comprehensi\n comprehensive\n ve\n\n O.A. hence deferring formal order qua MA and taking\n aking note of entirety,\n\n permission for withdrawal of the O.A. is granted with liberty to applicant\n\n to file a fresh O.A. Fresh O.A. iff is filed, shall be dealt with on its own\n\n merit. The O.A. stands disposed of accordinglyaccordingly. Pending MA No. 653also stands disposed of accordingly.(Sunil Kumar Sinha) [M.C. Verma]\n Member (A) Member [J]\nmks/- |
0881d602-0cdd-545a-ac90-9ebd76328c1e | court_cases | Delhi High Court - OrdersGayatri Dube vs State on 25 March, 2021Author:Anu MalhotraBench:Anu Malhotra$~54\n * IN THE HIGH COURT OF DELHI AT NEW DELHI\n + BAIL APPLN. 1008/2021\n GAYATRI DUBE ..... Petitioner\n Through: Mr. Pramod Kr. Dubey, Sr. Adv. with\n Mr. Kaustabh Chauhan, Adv.\n versus\n\n STATE ..... Respondent\n Through: Mr. Kamal Kr. Ghei, APP for State\n with SI Deepak, PS Vasant Vihar.\n CORAM:\n HON'BLE MS. JUSTICE ANU MALHOTRA\n ORDER% 25.03.2021\n\n Vide the present application, the applicant seeks the grant of\n anticipatory bail in relation to the FIR No.26/2021, PS Vasant Vihar, underSections 384/420/467/468/471/120B/511of the Indian Penal Code, 1860.The status report has been submitted on behalf of the State and taken\n on record.Before proceeding further, the applicant is directed to appear before\n the IO of the case on 26.03.2021 at 4 pm and the updated status report after\n the applicant joins the investigation be submitted by the State.Renotify for 14.04.2021, till which date, the applicant be not arrested\n subject to her not leaving the country, joining the investigation, keeping her\n mobile phone on at all times and dropping a pin on the Google map to\n ensure that her location is available to the IO.ANU MALHOTRA, J\n\n MARCH 25, 2021/vm\nSignature\nNot Verified\nDigitally Signed\nBy:SUMIT GHAI\nSigning\nDate:26.03.2021\n20:01:34\nThis file is\ndigitally signed by\nPS to HMJ ANU\nMALHOTRA. |
5c60a4e2-5965-50c4-bbd8-430641fc67e8 | court_cases | Patna High Court - OrdersKumar Sanjay Pratap vs The State Of Bihar on 25 November, 2020Author:Rajeev Ranjan PrasadBench:Rajeev Ranjan PrasadIN THE HIGH COURT OF JUDICATURE AT PATNA\n (FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)\n CRIMINAL MISCELLANEOUS No.26928 of 2020\n Arising Out of PS. Case No.-221 Year-2013 Thana- GAMAHARIYA District- Madhepura\n ======================================================\n KUMAR SANJAY PRATAP Son of Sri Bhagwat Prasad Yadav Resident of\n Village - Nehalpatti, Ward No. 07, O.P.- Bharrahi, P.S.- Madhepura, District -\n Madhepura. ... ... Petitioner\n Versus\n The State of Bihar ... ... Opposite Party\n ======================================================\n Appearance :\n For the Petitioner/s : Mr.Uday Chand Prasad, Advocate\n For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP\n ======================================================\n CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD\n ORAL ORDER\n\n2 25-11-2020Learned counsel for the petitioner undertakes to remove\n\n all the defects pointed out by the Stamp Reporter within four weeks\n\n after start of normal functioning of the Court.Heard learned counsel for the petitioner and learned APP\n\n for the State.The petitioner is serving as Principal in a middle school.\n\n He is seeking pre-arrest bail in connection with Gamharia P.S. Case\n\n No. 221 of 2013 registered for the offences punishable underSections 467,468,471,419,420,120Bof the Indian Penal Code.Learned counsel for the petitioner submits that as per the\n\n prosecution story, the office of District Education Officer, Madhepura\n\n was made available the name of students who were registered for the\n\n annual secondary examination 2014. The allegation is that on the\n\n basis of forged transfer certificates, the registration of the students\n\n were done and the said list was provided to the District Education\n\n Officer. It is alleged that the Government/Project Middle Schools\n Patna High Court CR. MISC. No.26928 of 2020(2) dt.25-11-20202/4from where the registration forms (OMR) were received for\n\n appearance of the students in the annual secondary examination in\n\n the year 2014 are liable to be prosecuted.Learned counsel submits that the registration forms were\n\n sent for annual examination 2014 from the Middle School Singon,\n\n Singheshwar, Madhepura. In this school the petitioner was posted as\n\n incharge Principal only for a brief period of i.e. from 04.05.2010 to\n\n 6.08.2012 and he has no role in sending of the registration forms of\n\n the students.Learned counsel submits that out of 17 registration forms\n\n which were sent for annual examination 2014, one of the students'\n\n school leaving certificates was found forged, this fact had to be\n\n verified by the then Headmaster Md. Jamiiruddin who was sending\n\n the forms.It is the submission of learned counsel for the petitioner\n\n that the petitioner had taken admission of students on 03.05.2012 and\n\n he had given charge of school on 06.08.2012 i.e. just after three\n\n months to the Principal Janardan Prasad Yadav. Learned counsel\n\n submits that under this circumstance the petitioner who is serving as\n\n a Teacher for the present cannot be held prima-facie guilty and he has\n\n already cooperated with the Police in course of investigation by\n\n appearing pursuant to the notice issued to him, his prayer for\n\n anticipatory bail deserves consideration.Learned counsel clarified that in one of the paragraphs it\n Patna High Court CR. MISC. No.26928 of 2020(2) dt.25-11-20203/4has been wrongly stated that after putting appearance before the\n\n Police, the petitioner had submitted bail bond. In fact the Police had\n\n not arrested the petitioner, therefore, there was no question of\n\n submission of bail bond rather the petitioner had appeared on notice\n\n and had submitted a bond.Learned APP for the State has though opposed the prayer\n\n for bail of the petitioner but considering the facts and circumstances\n\n of the case wherein the petitioner is a Headmaster of Middle School\n\n presently serving and he has been brought in the purview of this case\n\n because at one point of time he has served in the school as incahrge\n\n Headmaster but it is evident from the materials on the record that the\n\n petitioner had not sent the registration forms of the said year 2014,\n\n otherwise he has got no criminal antecedent, let the petitioner above\n\n named in case of his arrest or surrender within a period of four weeks\n\n from today be released on bail on furnishing bail bond of Rs.\n\n 25,000/- (Rupees Twenty Five Thousand only) with two sureties of\n\n the like amount each to the satisfaction of learned Additional Chief\n\n Judicial Magistrate Ist, Madhepura in connection with Gamharia P.S.\n\n Case No. 221 of 2013, subject to the conditions as laid down under\n\n Section 438 (2) of the Cr.P.C. i.e.(i) a condition that the person shall make himself available\n\n for interrogation by a police officer as and when required;(ii) a condition that the person shall not, directly or\n\n indirectly, make any inducement, threat or promise to any person\n Patna High Court CR. MISC. No.26928 of 2020(2) dt.25-11-20204/4acquainted with the facts of the case so as to dissuade him from\n\n disclosing such facts to the Court or to any police officer;(iii) a condition that the person shall not leave India\n\n without the previous permission of the Court.And further condition that the court below shall verify the\n\n criminal antecedent of the petitioner and in case at any stage it is\n\n found that the petitioner has concealed his criminal antecedent, the\n\n court below shall take step for cancellation of bail bond of the\n\n petitioner.(Rajeev Ranjan Prasad, J)\n SUSHMA2/avin\n\n U TNote: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements,\nduring Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court\nwebsite under the heading 'Judicial Orders Passed During The Pandemic Period'. |
d9573e88-0098-54af-9f1a-6b94dc323484 | court_cases | Bombay High CourtShri. Shashikant Shripad Pandit ... vs Shri. Kaustubh Subhash Pandit And ... on 25 February, 2020Bench: R.D. Dhanukappn 1 fa-1773.19(j).doc\n\n\n\n IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n CIVIL APPELLATE JURISDICTION\n\n FIRST APPEAL NO.1773 OF 2019\n ALONG WITH\n INTERIM APPLICATION NO.1 OF 2019\n\n1. Shashikant Shripad Pandit )\nAge 81 years, Occ. Retired, )\nR/at: Flat No.6, Suyash Residency, )\n1039/4571, Gokhale Road, )\nModel Colony, Pune - 411 016. )\n\n2. Sharad Shripad Pandit )\nAge 76 years, Occ. Medical Practice )\nR/at : 290, Lord Wood Road, Harborn )\nBurning Ham, B17, 8A, U.K. )\n\n3. Shirish Shripad Pandit )\nsince deceased through his legal heirs )\n\n3A. Chitra Shirish Pandit )\nAge 66 years, Occ. Household, )\nR/at : Flat No.3, Sarla Rojes Housing )\nSociety, A Wing, City Survey No.538, )\nSurvey No.12/2/2, Plot No.8, )\nSomeshwar Wadi Road, In front of )\nRajwada Hotel, Pashan, Pune 411 008.)\n\n3B. Sangram Shirish Pandit )\nAge 38 years, Occ. Service, )\nR/at : Flat No.4, Sarla Rojes Housing )\nSociety, A Wing, City Survey No.538, )\nSurvey No.12/2/2, Plot No.8, )\nSomeshwar Wadi Road, In front of )\nRajwada Hotel, Pashan, Pune 411 008.)\n\n3C. Sanat Shirish Pandit, Adult )\nR/at : Flat No.3, Sarla Rojes Housing )\nSociety, A Wing, City Survey No.538, )\nSurvey No.12/2/2, Plot No.8, )\nSomeshwar Wadi Road, In front of )\nRajwada Hotel, Pashan, Pune 411 008.) .. Appellants\n (Original Defendants)\n\n\n\n\n ::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::\n ppn 2 fa-1773.19(j).doc\n\n\n Versus\n\n1. Kaustubh Subhash Pandit )\nAge 46 years, Occ. Service, )\nR/at : 1170/22, Revenue Colony, )\nShivajinagar, Pune - 5. )\n\n2. Kedar Subhash Pandit )\nAge 44 years, Occ. Service, )\nR/at : Yogesh Apartment, )\nTulshibagwale Colony, )\nSahakarnagar, Pune - 9. )\n\n3. Sou.Sumedha Sarang Gokhale )\nAge 46 years, Occ. Household, )\nR/at : 1170/22, Revenue Colony, )\nShivajinagar, Pune - 5. )\n\n4. Sou. Urmila Subhash Kulkarni )\nAge 67 years, Occ. Household, )\nR/at : Building No.3C, Flat No.1, )\nJagdishnagar, Aundh, Pune- 411 007. ) .. Respondents\n (Original Plaintiffs)\n\n\n ---\nMr.Girish R. Agrawal for the appellants.\nMr.Jaydeep Deo for the respondent nos.1 to 3.\n ---\n\n CORAM : R.D. DHANUKA, J.RESERVED ON : 5th February 2020\n PRONOUNCED ON : 25th February 2020\n\nJudgment :-. By this First Appeal filed under Section 96 of the Code of\n\nCivil Procedure, 1908, the appellants (original defendants) have\n\nimpugned the judgment and order dated 11 th March 2019 passed in\n\nSpecial Civil Suit No.1120 of 2016 by 4 th Joint Civil Judge, Senior::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 3 fa-1773.19(j).doc\n\n\nDivision, Pune thereby decreeing the said suit partly which was filed\n\nfor seeking partition and permanent injunction in respect of some of\n\nthe properties. By consent of parties, First Appeal is heard finally at the\n\nadmission stage. The appellants were the original defendants whereas the\n\nrespondents were the original plaintiffs before the Trial Court. Some of\n\nthe relevant facts for the purpose of deciding this First Appeal are as\n\nunder :-2. The suit properties are comprising of land bearing CTS\n\nNo.1170/22 area 878.16 sq.meter within four boundaries towards east-\n\nCTS No.1170/21 of Mr.Chiplunkar, Joshi, towards south-road, towards\n\nwest-CTS No.1170/23 of Dr.Kinikar and towards north -Government\n\nProperty comprising of building namely Hira Apartment ground plus\n\ntow storied building and Ushashri building consisting of ground and\n\ntwo storied building except first and second floor of Hira Apartment\n\n(hereinafter referred to as "the suit properties").3. It was the case of the respondents (original plaintiffs) that\n\nthe suit properties were the self-acquired properties of Late Shripad\n\nPandit who was the grand father of the respondents. The suit properties\n\nwere purchased in the name of Late Smt. Usha who was wife of Shripad\n\nPandit and grand mother of the respondents. The said Shripad Pandit\n\nconstructed Ushashri building in the year 1956 out of his own income. He::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 4 fa-1773.19(j).doc\n\n\nalso constructed Hira Apartment and sold the tenaments except ground\n\nfloor under the provisions of Maharashtra Ownership Flats Act, 1970\n\nto Shri Arora, Chitnis and Pandit. The appellants (original defendants)\n\nare the uncles of the respondents (original plaintiffs). The respondents\n\nwere having paternal aunts namely Mrs.Pushpa, Mrs.Hema, Mrs.Leela,\n\nMrs.Anju. Mrs.Pushpa has expired. Father of the respondents Subhash\n\nalso expired in the year 1994. After the death of Subhash, mother of the\n\nrespondents who was the defendant no.4 got remarried. She was however,\n\njoined as party to the suit as one of the legal heirs of Subhash. Late\n\nShripad Pandit died intestate in the year 2006 at the age of 94 and his\n\nwife Usha Pandit predeceased him and died in the year 1999.4. It was the case of the respondents (original plaintiffs) that\n\nthe said deceased Usha Pandit and Shripad Pandit had four sons and four\n\ndaughters. After demise of deceased Usha Pandit and Shripad Pandit,\n\neach son and daughter had 1/8th share therein. It was the case of the\n\nrespondents that sisters of the appellant nos.1 to 3 (defendant nos.1 to 3)\n\nrelinquished their undivided share in the suit property on 25 th November\n\n2006 by a registered release deed bearing No.7493/2006 and thus had no\n\nright, title and interest of any nature whatsoever in the suit property.5. On 2nd September 2016, the respondent nos.1 to 3 filed\n\nSpecial Civil Suit no.1120 of 2016 in the Court of Joint Civil Judge,::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 5 fa-1773.19(j).doc\n\n\nSenior Division, Pune for partition, separate possession of their 1/4th\n\nshare in the suit property and permanent injunction and mense profit.6. On 20th December 2016 and 5th April 2017, the appellant\n\nnos.1 and 2 filed their written statements before the Trial Court. The\n\nappellant no.3 died during the pendency of the suit. His legal heirs\n\nwere accordingly brought on record who adopted written statement filed\n\nby the appellant no.1. The suit proceeded ex parte against the\n\nrespondent no.4. The appellant nos.1 to 3 admitted the relation between\n\nthe parties and contentions raised in paragraphs 4 to 6 of the plaint and\n\ndenied the rest of the contentions of the plaint. It was further contended\n\nby the appellant nos.1 to 3 that sisters of the appellant nos.1 to 3\n\nrelinquished their right, title and interest in the suit property in favour of\n\nthe appellant nos.1 to 3 and thus the respondents were not entitled to\n\n1/4th share in the suit property.7. Trial Court framed six issues for determination. Both the\n\nparties led oral and documentary evidence. On 11 th March 2019, after\n\nhearing both the parties, learned trial Judge allowed the said suit and\n\ndeclared that the appellants and the respondent nos.1 to 3 were having\n\n1/4th share each in units/apartments reserved for their joint family i.e.\n\nground floor, first floor and second floor of old building and ground floor\n\nof new building situated at CTS No.1170/22, Shivajinagar, Pune. It was::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 6 fa-1773.19(j).doc\n\n\nfurther held that the respondent nos.1 to 3 (original plaintiffs) are entitled\n\nfor partition, separate possession of their 1/4th share in the suit property.\n\nTrial Court also restrained the appellants permanently from creating\n\nthird party interest to the extent of 1/4th share of the respondent nos.1\n\nto 3 in the suit property and directed that partition of 1/4th share of the\n\nrespondent nos.1 to 3 be effected by appointing Court Commissioner\n\nand separate possession of their share be given to them. Being aggrieved\n\nby the said judgment and decree dated 11th March 2019, the appellants\n\nfiled this First Appeal.8. Mr.Agrawal, learned counsel for the appellants filed\n\ncompilation of documents comprising of pleadings/documents and\n\nevidence led by the parties before the trial Court. Learned counsel invited\n\nmy attention to some of the averments made in the plaint, written\n\nstatements and the oral evidence led by the respondent no.2 Shri Kedar\n\nSubhash Pandit. Learned counsel also invited my attention to Genealogy\n\nof Shripad Pandit who died on 7th November 2006 leaving behind his\n\nlegal heirs and representatives. His wife predeceased him and died in the\n\nyear 1999. He had four sons and four daughters. Son Subhash died in\n\nthe year 1994 and predeceased the said Shripad Pandit. Subhash left\n\nbehind his wife Urmila Kulkarni and three children who were the original\n\nplaintiffs. Shri Shirish Pandit was the original defendant no.3 and died\n\nleaving behind his wife Chitra and two sons who were impleaded as::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 7 fa-1773.19(j).doc\n\n\nparty-defendant nos.3A, 3B and 3C. It is not in dispute that the daughters\n\nof the said deceased Shri Shripad Pandit namely Pushpa, Leela, Hema\n\nand Anju executed a Release Deed on 25 th November 2006 in favour\n\nof the appellant nos.1 to 3.9. It is submitted by the learned counsel that since those four\n\nsisters of the appellant nos.1 to 3 had executed the said Release Deed\n\nrelinquishing their 1/4th share each in favour of the appellants, the\n\nappellants become entitled to 7/8th share in the suit property. The\n\nrespondent nos.1 to 3 were thus entitled to remaining 1/8th share in the\n\nsuit property. Trial Court however, has held that the appellants and the\n\nrespondent nos.1 to 3 having 1/4th share each in units/apartments\n\nreserved for their joint family and further held that the respondent nos.1\n\nto 3 (original plaintiffs) were entitled to partition, separate possession\n\nof their 1/4th share in the suit property.10. Learned counsel for the appellants placed reliance on the\n\nfollowing judgments :-i) Judgment of Supreme Court in the case of Thamma Venkata\n\nSubbamma Vs. Thamma Rattamma, AIR 1987 SC 1775;ii) Judgment of Andhra Pradesh High Court in the case of\n\nM.Krishna Rao and Anr. Vs. M.L.Narasikha Rao & Ors., AIR 2003\n\n(AP) 498;iii) Judgment of L. Sundaram and Ravichandran Vs. Lakshmanana::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 8 fa-1773.19(j).doc\n\n\n(died), L.Sadagopal & Ors., 2003 (1) Mh.LJ. 195;\n\niv) Judgment of Supreme Court in the case of State of MaharashtraVs. Narayan Rao Sham Rao Deshmukh & Ors., (1985) 2 SCC 321;v) Judgment of Supreme Court in the case of Mangammal @\n\nThulasi & Anr. Vs.T.B. Raju & Ors., 2018 (4) ALL MR 941 (SC);vi) Judgment of Supreme Court in the case of Cherotte Sugathan\n\n(died) through Lrs. & Ors. Vs. Cherotte Bharathi & Ors., 2008 (3)\n\nALL MR 829;vii) Judgment of this Court in the case of Sanjay Purshottam\n\nPatankar Vs. Smt.Prjakta Pramod Patil, 2015(5) ALL MR 570;viii) Judgment of Madras High Court in the case of Shanmugham &\n\nOrs. Vs. Saraswathi & Ors., AIR 1997 Madras 226;ix) Judgment of Andhra Pradesh High Court in the case of Nalla\n\nVenkateshwarlu Vs. Porise Pullamma and Anr., AIR 1994 Andhra\n\nPradesh 87;x) Unreported judgment of this Court delivered on 14 th August 2018\n\nin the case of Kishore Tulshiram Mantrim Vs. Dilip Jank Mantri &\n\nOrs. in Second Appeal No.374 of 2018;xi) Judgment of Punjab and Haryana High Court in the case of\n\nSuraj Kaur & Ors. Vs. Ved Prakash and Ors., 2019 (4) R.C.R. (Civil)\n\n661;xii) Judgment of Supreme Court in the case of Arshnoor Singh Vs.\n\nHarpal Kaur & Ors., 2019 ALL SCR 1982.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 9 fa-1773.19(j).doc11. Learned counsel invited my attention to the issues framed\n\nby the Trial Court and also to the order dated 11 th March 2019 passed\n\nby the learned Trial Judge below Exhibit-A in Special Civil Suit No.1120\n\nof 2016 and would submit that both the parties had agreed before the\n\nlearned trial Judge that the suit properties were not the ancestral\n\nproperties of the appellants and the respondents. Learned Trial Judge has\n\naccordingly recast the issue no.1 i.e. "Does suit property is inherited by\n\nthe plaintiffs and defendants ?"12. Learned counsel for the appellants invited my attention to\n\nthe findings rendered by the learned trial Judge in paragraph 16 of the\n\nimpugned judgment and decree and would submit that the learned trial\n\nJudge has erroneously proceeded on the premise that the suit properties\n\nwhich were subject matter of the Release Deed executed by the four\n\nsisters in favour of the appellants were co-parcenary properties and the\n\nparties were the co-parceners though all the parties had admitted before\n\nthe trial Court that the properties were not ancestral properties of the\n\nparties.13. It is submitted by the learned counsel that the entire\n\njudgment and decree holding that the respondent nos.1 to 3 (original\n\nplaintiffs) would be entitled to 1/4th share is ex facie perverse and\n\ncontrary to various judgments delivered by the Supreme Court and this::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 10 fa-1773.19(j).doc\n\n\nCourt relied upon by the learned counsel. It is submitted by the learned\n\ncounsel that since the suit properties were not the ancestral properties,\n\nDeed of Release executed by four daughters were not in favour of the\n\njoint family but was exclusively in favour of the appellants. The other\n\nfamily members thus would not be entitled to the benefit of the said\n\nRelease Deed made by the sisters in favour of the appellants. He submits\n\nthat renunciation of the share of the sisters thus could not be for the\n\nbenefit of all other members of the family and thus the share of the sisters\n\nwould not be distributed amongst all the family members.14. It is submitted by the learned counsel that the trial Court has\n\ntotally misinterpreted and wrongly applied the principles laid down by\n\nthe Andhra Pradesh High Court in the case of M.Krishna Rao and Anr.\n\nVs. M.L.Narasikha Rao & Ors. (supra) wherein it has been held that\n\nRelease Deed made in favour of some of co-parceners would enure to\n\nbenefit of all other co-parceners and not only in favour of those co-\n\nparceners in whose favour release deed was made. It is submitted by the\n\nlearned counsel that the trial Court also misinterpreted and wrongly\n\napplied the ratio enumerated by the Madras High Court in the case of L.\n\nSundaram and Ravichandran Vs. Lakshmanana (died), L.Sadagopal\n\n& Ors.,(supra) wherein it has been held that in the Release Deed\n\nexecuted releasing interest in the suit property in favour of some of co-\n\nparceners, such release by any co-parcener could be in favour of co-::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 11 fa-1773.19(j).doc\n\n\nparcener as body and not in favour of one or more of them.15. It is submitted by the learned counsel that a Hindu co-\n\nparcenary is a narrower body than the joint family. Only males who\n\nacquire by birth an interest in the joint or co-parcenary property can be\n\nmembers of the co-parcenary or co-parceners. Male members of a joint\n\nfamily of his sons, grandson and great grandsons constitute a co-parcener\n\nwho acquire right in the co-parcenary property by birth but his rights can\n\nbe definitely ascertained only when a partition takes place. When the\n\nfamily is joint, the extent share of a co-parcener cannot be definitely\n\npredicated since it is always capable of fluctuating. Such share would\n\nincrease by the death of a co-parcener and decreases on the birth of co-\n\nparcener.16. It is submitted by the learned counsel that a joint family,\n\nhowever, may consist of female members. It may consist of male\n\nmember, his wife, his mother and unmarried daughters. The property of\n\na joint family does not cease to belong to the family merely because there\n\nis only a single male member in family. A joint family may consist of a\n\nsingle male member and his wife and daughter. It is not necessary that\n\nthere should be two male members to constitute a joint family.17. Learned counsel for the appellants strongly placed reliance::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 12 fa-1773.19(j).doc\n\n\non the judgment of the Supreme Court in the case of Mangammal @\n\nThulasi & Anr. Vs.T.B. Raju & Ors., (supra) and would submit that\n\nany property inherited upto four generations of male lineage from\n\nfather, father's father or father's father's father i.e. father, grand father\n\netc. is termed as ancestral property. It is submitted that the entire property\n\nis held upto four generations of male members constitutes a co-parcenary\n\nproperty. He submits that in this case, none of these conditions were\n\nsatisfied by the respondent nos.1 to 3 to consitute the suit property as\n\nco-parcenary property.18. Mr.Deo, learned counsel for the respondent nos.1 to 3, on\n\nthe other hand, does not dispute that Shri Shripad Pandit expired on 7 th\n\nNovember 2006 leaving behind four sons and four daughters. He\n\nsubmits that the suit properties were the self-acquired property of the\n\nsaid deceased Shri Shripad Pandit. He does not dispute that the said\n\nRelease Deed dated 25th November 2006 was executed by four daughters\n\nof Shripad Pandit i.e. Pushpa, Leela, Hema and Anju in favour of the\n\nappellants relinquishing their 1/4th share each in favour of the\n\nappellants. Learned counsel fairly invited my attention to Clause 1 of\n\nthe said Release Deed which was duly registered and would submit that\n\nby the said Release Deed, those four sisters had released, relinquished,\n\nsurrendered and transferred their undivided share in favour of the\n\nappellants exclusively.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 13 fa-1773.19(j).doc19. Learned counsel for the respondent nos.1 to 3 did not deny\n\nthat the suit properties were not the ancestral properties and that the\n\nparties had jointly made a statement before the trial Court on 11 th March\n\n2019 that the suit properties were not ancestral properties of the parties.\n\nHe submits that the trial Court had accordingly recast the issue no.1.\n\nLearned counsel for the respondent nos.1 to 3 could not distinguish the\n\njudgments relied upon by Mr.Agrawal, learned counsel for the appellants.REASONS AND CONCLUSIONS :-20. It is not in dispute that suit properties were self-acquired\n\nproperties of the said Shri Shripad Pandit who was the father of four sons\n\nviz. Subhash, Shashikant, Sharad, Shirish and four daughters viz.Pushpa,\n\nLeela, Hema and Anju. Subhash predeceased his father Shripad Pandit\n\nand died in the year 1994. It is also not in dispute that parties jointly\n\nhad made a statement before the Trial Court on 11 th March 2019 that the\n\nsuit properties were not the ancestral properties of the parties to the suit.\n\nTrial Court had accordingly recast the issue no.1 which reads as under : -\n\n "Does suit property is inherited by the plaintiffs and defendants ?"Trial Court recorded a finding on the said issue no.1 in affirmative.21. A perusal of the judgment and decree passed by the trial\n\nCourt indicates that the trial Court though had rendered a finding that\n\nthe suit properties were inherited by the parties had rendered perverse::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 14 fa-1773.19(j).doc\n\n\nfinding that the suit properties were co-parcenary properties and Release\n\nDeed executed by the sisters of the appellants were for the benefit of all\n\nthe members of the family and not only the appellants. There was no\n\ndispute about the execution of the said Release Deed which was produced\n\non record by the appellants.22. Learned trial Judge strongly placed reliance on the judgment\n\nof the Andhra Pradesh High Court in the case of M.Krishna Rao and\n\nAnr. Vs. M.L.Narasikha Rao & Ors.(supra) & L. Sundaram and\n\nRavichandran Vs.Lakshmanana (died), L.Sadagopal & Ors. (supra)\n\nand has held that relinquishment of the right and interest by the daughters\n\nof Shri Shripad Pandit and Usha was in favour of the entire family and\n\nnot in favour of the appellants only. Trial Court accordingly held that the\n\nrespondent nos.1 to 3 were entitled for equal share i.e. 1/4th share each in\n\nthe family unit reserved for the family of the appellants and the\n\nrespondent nos.1 to 3. Mr.Deo, learned counsel for the respondent nos.1\n\nto 3 could not support the said finding rendered by the trial Court and\n\ncould not dispute before this Court that the suit properties were self-\n\nacquired properties of Shripad Pandit. A perusal of the record indicates\n\nthat the learned trial Judge erroneously proceeded on the premise that\n\nthe Deed of Release by four daughters of Shripad Pandit in favour of the\n\nappellants were co-parcenary properties and not his self-acquired\n\nproperties.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 15 fa-1773.19(j).doc23. Supreme Court in case of Thamma Venkata Subbamma\n\n(supra) has adverted to a passage from Mulla's Hindu Law Fifth Edition,Article 264i.e. "Renunciation or relinquishment of his share" with\n\napproval and has held that a renunciation in favour of one of the\n\ncoparcener by another is for the benefit of all other coparceners and not\n\nfor the sole benefit of the coparcener in whose favour the renunciation\n\nwas made. It is thus clear that the principles laid down by the Supreme\n\nCourt in the said judgment would apply only if the renunciation in respect\n\nof the coparcenary property is made by one of the coparceners in favour\n\nof another which would enure for the benefit of all other coparceners and\n\nnot for the sole benefit of the coparceners or coparceners in whose favour\n\nthe renunciation is made. In this case, the suit properties were admittedly\n\nnot coparcenary properties nor the parties were coparceners. Andhra\n\nPradesh High Court in case of M. Krishna Rao and Anr. (supra) and\n\nHigh Court in case of L. Sundaram and Ravichandran (supra) has taken\n\nthe similar view.24. Supreme Court in case of State of Maharashtra v/s.\n\nNarayan Rao Sham Rao Deshmukh and Ors. (supra) has held that a\n\njoint family may consist of female members, it may consist of a male\n\nmember, his wife, his mother and his unmarried daughters. The property\n\nof a joint family does not cease to belong to the joint family merely::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 16 fa-1773.19(j).doc\n\n\nbecause there is only a single male member in the family. A Hindu\n\ncoparcenary is however, a narrower body than the joint family. Only\n\nmales who acquire by birth an interest in the joint or coparcenary\n\nproperty can be members of the coparcenary or coparceners. A male\n\nmember of a joint family and his sons, grandsons and great grandsons\n\nconstitute a coparcenary.25. Supreme Court in case of Mangammal @ Thulasi and Anr.\n\n(supra) has held that any property inherited upto four generations of male\n\nlineage from father, father's father or father's father's father i.e. father,\n\ngrand father etc. is termed as ancestral property. A perusal of the\n\ngenealogy of Shripad Pandit produced on record does not indicate that the\n\nparties to the proceedings are members of the coparceners. They also did\n\nnot fall under four generations. Suit properties thus even otherwise cannot\n\nbe considered as ancestral properties. The principles of law laid down by\n\nthe Supreme Court in case of State of Maharashtra v/s. Narayan Rao\n\nSham Rao Deshmukh and Ors. (supra) and in case of Mangammal @\n\nThulasi and Anr. (supra) squarely apply to the facts of this case.26. This Court in case of Kishore Tulshiram Mantrim (supra)\n\nafter adverting to the judgment of Supreme Court in case of Thamma\n\nVenkata Subbamma (supra) has held that if the properties are self-::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 17 fa-1773.19(j).doc\n\n\nacquired and not the ancestral coparcenary properties, would acquire on\n\nthe death of such person in self-acquired property, they will devolve\n\nequally on all his legal heirs and therefore some of the legal heirs can\n\ndefinitely relinquish their share in favour of another legal heir and it\n\nshould not be necessarily in favour of whole body. In my view, the\n\nprinciples of law laid down by the Supreme Court in the said judgment\n\nwould squarely apply to the facts of this case. Since, the suit properties\n\nwere self-acquired properties of the deceased Shripad Pandit, all the legal\n\nheirs of the said deceased were entitled to equal share including the four\n\ndaughters of the said deceased who were sisters of the appellants. The\n\ndaughters of the said deceased thus were free to relinquish their\n\nundivided share in the suit property in favour of the other legal heirs of\n\nthe said deceased exclusively.27. In my view, such relinquishment of properties inherited by\n\nthe legal heirs of the person whose properties were self-acquired\n\nproperties would not enure for the benefit of all the legal heirs of the said\n\ndeceased but would enure only for those persons in whose favour such\n\ndeed of relinquishment/release was executed. The principles applicable to\n\nthe relinquishment of undivided share by coparceners in favour of another\n\ncoparcener in respect of ancestral property which relinquishment would\n\nenure for the benefit of all the coparceners would not apply in case of the::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 18 fa-1773.19(j).doc\n\n\nproperties inherited by legal heirs which were self-acquired properties of\n\nthe deceased. In my view, the learned Trial Judge erroneously applied the\n\nprinciples applicable to relinquishment of undivided share by a\n\ncoparcener in favour of another coparcener to the properties inherited by\n\nthe legal heirs of a deceased whose properties were self-acquired.28. In my view, since the suit properties were not inherited by\n\nthe four generations of male lineage from father, father's father or father's\n\nfather's father i.e. father, grand father, the properties even otherwise\n\ncould not have been termed as ancestral property. The finding of the Trial\n\nCourt that though deed of relinquishment was executed by the four\n\ndaughters of the said deceased though in favour of the appellants, same\n\nwould act for the benefit of all the coparceners is ex-facie perverse and\n\ncontrary to the principles of law laid down by the Supreme Court and this\n\nCourt. Supreme Court in case of Arshnoor Singh (supra) has quoted a\n\npassage from Mulla in his commentary on Hindu Law (22nd Edition) at\n\npage 129 with approval stating the position with respect to succession\n\nunder Mitakshara and has held that after theHindu Succession Act, 1956\n\ncame into force, if a person inherits a self-acquired property from his\n\npaternal ancestral, the said property becomes self-acquired property and\n\ndoes not remain coparcenary property. Principles laid down by the\n\nSupreme Court in the said judgment would apply to the facts of this case.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 19 fa-1773.19(j).doc29. A perusal of the release deed which was produced on record\n\nin evidence executed by the four daughters of the said deceased i.e.\n\nPushpalata, Bharti, Hemlata and Varsha clearly shows that they had\n\nreleased all their undivided share right, title and interest in the suit\n\nproperty in favour of the appellant exclusively. Learned counsel for the\n\nrespondent nos.1 to 3 could not dispute this position. In my view, the\n\nrespondent nos. 1 to 3 thus would be entitled to only 1/8 th share in the suit\n\nproperty and not 1/4th share as erroneously held by the learned Trial\n\nJudge. The appellants would be entitled to remaining 7/8 th share in the\n\nsuit property.30. I therefore pass the following order :-(a) Impugned judgment and decree dated 11th March, 2019 passed in\n\nSpecial Civil Suit No. 1120 of 2016 by learned 4 th Joint Civil Judge,\n\nSenior Division, Pune holding that the plaintiff and defendant nos. 1 to 3\n\nare having 1/4th share each in suit property and that the plaintiffs are\n\nentitled for partition, separate possession of their 1/4 th share in the suit\n\nproperty is set aside. The impugned judgment and decree granting\n\npermanent injunction against the appellants (original defendant nos. 1 to3) from creating third party interest to the extent of 1/4 th share of the\n\nplaintiffs in the suit property and the partition of the property in respect of\n\n1/4th share of the plaintiffs is also set aside.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 :::ppn 20 fa-1773.19(j).doc\n\n\n(b) It is declared that the plaintiffs would be entitled to 1/8 th sharejointly in the suit property and will be entitled for partition, separate\n\npossession in respect of such undivided 1/8 th share of the suit property\n\nand also for a permanent injunction against the appellants from creating\n\nthird party rights to the extent of 1/8 th share of the plaintiffs in the suit\n\nproperty including prayer for partition in respect of such share. It is\n\ndeclared that the defendant nos.1 to 3 would be entitled to 7/8th share in\n\nthe suit property and for partition in respect of their 7/8th share.(c) Impugned judgment and decree dated 11th March, 2019 is partly\n\nmodified to aforesaid extent.(d) First Appeal No. 1773 of 2019 is allowed in aforesaid terms. In\n\nview of the disposal of the First Appeal No. 1773 of 2019, Interim\n\nApplication No.1 of 2019 does not survive and is accordingly disposed\n\noff. No order as to costs.R.D. DHANUKA, J.::: Uploaded on - 25/02/2020 ::: Downloaded on - 27/02/2020 20:34:41 ::: |
30cb3b13-7ab0-5ce3-bac2-b3aa2cde1485 | court_cases | Jammu & Kashmir High CourtVarinder Kumar And Others vs State Of J&K And Others on 17 August, 2020Serial No. 211\n\n\n\n\n HIGH COURT OF JAMMU AND KASHMIR\n AT JAMMU\n\n\n\n\n LPA No. 146/2019 (O & M)\n (Through Video Conferencing)\n\nVarinder Kumar and others ...Appellant(s)\n\n Through:- Mr. Kabir Kotwal, Advocate\n\n v/s\n\nState of J&K and others ....Respondent(s)\n\n Through:- None\n\n\nCoram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE\n HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE\n\n JUDGMENTRAJESH BINDAL J01. The appellants have impugned the judgment dated 29.03.2019\n\npassed by the learned Single Judge in SWP No. 2591/2011, vide which the\n\nwrit petition filed by the writ-petitioners/appellants was dismissed.02. The issue raised in the writ petition pertains to the selection and\n\nappointment to the Class-IV posts in District Doda, for which advertisement\n\nwas issued on 15.03.2006.03. Learned counsel for the appellants submitted that in the\n\nadvertisement issued, no post shown in ALC category. However, when\n\nselect list was prepared, three candidates from ALC category were selected2 LPA No. 146/2019taking the posts belonging to the open merit category, against which the\n\n appellants, who belong to open merit category, could have been selected.04. It is not in dispute that the appellants have secured 48.17%,\n\n 48.21% and 50.79% marks, respectively.05. A perusal of the select list shows that after the select list there is a\n\n waiting list of 14 candidates in the open merit category. The marks secured\n\n by the last candidate in the waiting list are 55.91, whereas the marks secured\n\n by the appellants are not even close to the last candidate in the waiting list.\n\n Therefore, the appellants could not be selected in the open merit category\n\n even if three posts of class-IV from Open Merit category were not diverted\n\n to ALC category.06. While concurring with the view taken by the learned Single\n\n Judge, we did not find any merit in the appeal, the same is accordingly\n\n dismissed.(JAVED IQBAL WANI) (RAJESH BINDAL)\n JUDGE JUDGE\n Jammu\n 17.08.2020\n Vijay Whether the order is speaking: Yes/No.\n Whether the order is reportable: Yes/No.\n\n\n\n\nVIJAY KUMAR\n2020.08.21 17:53\nI agree to specified\nportions of this document |
65b92dabab84c7eca86e8840 | acts |
State of Odisha - Act
-----------------------
The Orissa Rewards for Detection of Forest Offences Rules, 2004
-----------------------------------------------------------------
ODISHA
India
The Orissa Rewards for Detection of Forest Offences Rules, 2004
=================================================================
Rule THE-ORISSA-REWARDS-FOR-DETECTION-OF-FOREST-OFFENCES-RULES-2004 of 2004
-----------------------------------------------------------------------------
* Published on 28 January 2005
* Commenced on 28 January 2005
The Orissa Rewards for Detection of Forest Offences Rules, 2004
Published vide Notification S.R.O. No.52/2005, dated 28th January 2005, Orissa Gazette, Extraordinary No. 221 dated 5.2.2005
Forest & Environment Department
S.R.O. No.52/2005. - In exercise of the powers conferred by clause (b) of Sub-section (1) of Section 82 of the Orissa Forest Act, 1972 (Orissa Act
14 of 1972
), the State Government do hereby make the following rules to regulate the reward to be paid to officers and informers out of the proceeds of fines and confiscations for detection of forest offences, namely :-
### 1. Short title and commencement.
(1) These Rules may be called the (Orissa Rewards for Detection of) Forest Offences Rules, 2004.
(2) They shall come into force on the date of their publication in the Orissa Gazette.
### 2. Definitions.
(1) In these rules unless the context otherwise requires-
(i) "Act" means the Orissa Forest Act, 1972 (Orissa Act
14 of 1972
);
(ii) "Divisional Forest Officer (DFO)" means an officer in charge of Territorial/Wildlife Forest Division;
(iii) "forest offence" means offence as defined in the Act; and
(iv) "forest officer" refers to an officer as defined in the Act.
(2) Words and expressions used but not defined in these rule shall have the same meaning as respectively assigned to them in the Act.
### 3. Any Forest Officer and/or Forest Guard who apprehends any person(s) committing any forest offence or seizes forest produce as well as instrument/ equipments/vehicle, used in committing the offence shall be entitled to get rewards under these rules. Any person, or Vana Samrakshyan Samity/Forest Protection Committee, who provide information; which leads to detection of forest offence; shall also be entitled to get rewards under these rules.
### 4. Manner of disposal of reward on seized forest produce.
(1) Reward will be paid in cash on a case to case basis and the total amount of reward shall be 25% of the sale value of the forest produce seized.
(2) Whenever such forest produce is disposed of by the Divisional Forest Officer, 25% of the sale value shall be deposited by the concerned Divisional Forest Officer in a separate interest bearing account in any nationalized bank.
(3) The appointment of the total amount of reward as provided under sub-rule (1) shall be as follows :-
(i) 45% of the reward shall be given to the forest staff. In case the detection of an offence is the result of group efforts such as joint patrolling, mobile parties, flying squads, striking force, etc., the amount of reward shall be distributed equally amongst all the staff irrespective of their rank and seniority.
(ii) 45% of the rewards shall be given to informers through the system of a secret fund.
(iii) 10% shall be deposited by the Divisional Forest Officer in the "Forest Relief and Welfare Fund" and used for providing Special Reward in cases where forest staff and informers suffer severe injuries, major disabilities or death while dealing with forest offenders.
### 5. Reward through Secret Fund.
- Payment of reward to informers shall be operated through a "Secret Fund" to be maintained by the D.F.Os. The payment from the "Secret Fund" shall not be subject to Audit.
### 6. Payment of Reward.
- Payment of rewards as provided under Rule 4 shall be considered by the Divisional Forest Officer after the disposal of the forest produce seized and his decision shall be final.
|
65ba955fab84c7eca86ec267 | acts |
State of Tripura - Act
------------------------
The Tripura Agricultural Produce Markets Act, 1980
----------------------------------------------------
TRIPURA
India
The Tripura Agricultural Produce Markets Act, 1980
====================================================
Act 15 of 1983
----------------
* Published on 15 February 1983
* Commenced on 15 February 1983
The Tripura Agricultural Produce Markets Act, 1980
(Tripura Act
No. 15 of 1983
)
Last Updated 18th February, 2020
Published in the Tripura Gazette, Extraordinary, Part III, dated 15-2-1983, vide Notification No. F2 (10) -Law/LEG/80, dated 30-11-1983.
An Act to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Tripura and for matters connected therewith
Be it enacted by the Legislative Assembly of Tripura in the Thirty-First Year of the Republic of India as follows:
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Tripura Agricultural Produce Markets Act, 1980.
(2) It extends to the whole of the State of Tripura.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a) "agricultural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry and pisciculture, as are specified in the Schedule;
(b) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenant or by servant or hired labour or otherwise is engaged in the production or growth of agricultural produce which has not been processed, but does not include a trader, commission agent, processor or broker, in or in relation to, agricultural produce even though such trader, commission agent, processor or broker is also engaged in the production or growth of agricultural produce;
Explanation. - For the purpose of this clause a person merely processing agricultural produce shall not be deemed to be engaged in the production or growth of agricultural produce and an agriculturist shall not cease to be so only because he processes or causes to be processed his own agricultural produce;
(bb) [ "Board" means the Tripura Agricultural Produce Market Board established under Section 38]
[Clause (bb) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.]
;
(c) "Bye-laws" means bye-laws made under Section 56;
(cc) [ "Chairman" means the Chairman of the Board appointed under sub-section (5) of Section 38-A]
[Clause (cc) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.]
.
(d) "commission agent" means a person who, by himself or through his servant, buys and sells agricultural produce for any other person, keeps it in his custody and controls it during the process of its sale and purchase, and collects-payment therefor from the buyer and pays it to the seller, and receives by way of remuneration, a commission or percentage upon the amount involved in each transaction:
(e) "Director" means the Director of Agriculture of the Government of Tripura and includes any other Officer appointed by the State Government to discharge all or any of the functions of the Director under this Act;
(ee) [ "General Manager" means the General Manager of the Board appointed under sub-section (5) of Section 38-A]
[Clause (ee) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.]
;
(f) "local authority" means in relation to an area within the local limits of,-
(i) a Municipality, that Municipality;
(ii) a notified area authority, that authority;
(iii) a Gaon Sabha, that Sabha;
(g) "market" means any market established under Section 5 of this Act;
(h) "market area" means an area declared to be a market area under Section 4;
(i) "market committee" means a committee constituted for a market area under Section 6 and includes a sub-committee constituted under Section 24;
(j) "notification" means a notification published in the official Gazette;
(k) "official Gazette" means the Tripura Gazette;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "processor" means a person who processes any agricultural produce on payment of charge;
(n) "retail sale" in relation to any agricultural produce means the sale of that produce, not exceeding such quantity as the market committee may by bye-laws determine to be a retail sale;
(o) "Schedule" means the Schedule to this Act;
(p) "Secretary" means the Secretary of a market committee and includes an Assistant Secretary;
(q) "Surveyor" means a person who on arrival of a consignment of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality, refraction, alteration and other like factors;
(r) "trader" means a person who buys and sells agricultural produce as a principal or as a duly authorised agent for one or more persons or group of persons.
(2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same.
### 3. Notification of intention of regulating marketing of agricultural produce in specified area.
(1) The State Government may, by notification in he Official Gazette and in local newspapers, preferably in regional language, declare its intention of regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification in accordance with the provisions of this Act.
(2) The notification shall state that any objections for suggestions which may be received by the State Government within a period, not being less than sixty days, to be specified in the notification, shall be considered by the State Government.
### 4. Declaration of regulation of marketing of specified agricultural produce in market area.
(1) On the expiry of the period specified in the notification issued under Section 3 and after considering the objections and suggestions as may be received before such expiry, the State Government may, by notification, declare the area specified in that notification or portion thereof, to be a market area for the purposes of this Act in respect of all or any agricultural produce specified in that notification.
(2) The State Government may in the manner specified in Section 3, at any time-
(a) exclude from a market area, any area comprised therein; or
(b) include in the market area, any new area as may be specified in such notification.
(3) On a declaration being made under sub-section (1), no local authority shall, notwithstanding anything contained in any other law for the time being in force, establish or authorise or allow to be established, or continue or authorise the continuation of any place in the market area for the marketing of agricultural produce specified in the declaration or levy any fees on such agricultural produce sold in the market area.
Chapter II
------------
Establishment of Markets and Constitution of Market Committees
### 5. Establishment of markets.
(1) For every market area, there shall be established a principal market, and there may also be established one or more subsidiary markets, for the marketing of agricultural produce.
(2) The Director shall, as soon as possible after the declaration is made under sub-section (1) of Section 4, by notification, establish any place (including any structure, enclosure, open place or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, in the same manner establish in any other like places in the area subsidiary markets for the marketing of such agricultural produce.
### 6. Constitution of market committees.
(1) There shall be constituted by the State Government, for every market area, a market committee; and different market committees may be constituted for regulating the marketing of different kinds of agricultural produce marketed in the same market area or in any part thereof.
(2) The provisions of the Tripura Markets Act, 1979 shall not apply to a market in relation to the specified agricultural produce only.
(3) Every market committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act.
### 7. Composition of market committees.
(1) Subject to the provision of sub-section (2) every market committee shall consist of the following 12 members namely:
(a) Six members to be elected by the agriculturist residing in the market area and holding agricultural land as ryot or under-ryot in the State of Tripura.
(b) One member each to represent-
(i) the traders holding licences to operate as such in the market area; and
(ii) the Co-operative Societies operating in that market area; elected by the traders, or as the case may be, the Societies, in the manner as may be prescribed:
Provided that where there is no co-operative society in the market area both the members shall be elected by the traders only.
(c) Two members to be elected by the members of the local authority within the local limits of whose jurisdiction the principal market in relation to that market committee is situated.
(d) One member each to represent the departments of the State Government dealing with Agricultural and Animal Husbandry, to be appointed by the State Government.
(2) When a market committee is constituted for the first time, all the members thereof including the President, shall be nominated by the State Government.
(3) Subject to the provisions of sub-section (2) every market committee shall elect one of its elected members to be its President.
### 8. Incorporation of market committee.
- Every market committee shall be a body corporate by such name as the State Government may, by notification, specify and shall have perpetual succession and a common seal and may, in its corporate name, sue and be sued and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other things necessary for the purposes for which it is constituted.
### 9. Election and term of office of members.
(1) Except as otherwise provided in this Act and subject to the provisions of sub-section (2) of Section 7, the members of a market committee shall be elected by the individual, authorities or bodies referred to in sub-section (1) of Section 7.
(2) The manner of election, preparation and maintenance of the list of voters, qualifications of member, disqualifications for being chosen as, and for being chosen as, and for . being, a member, the right of vote, the payment of deposit and its forfeiture, determination of election disputes, publication of the names of members elected, and all matters ancillary thereto shall be such as may be prescribed.
(3) If, for any reason, any body of persons, local authority or co-operative society or managing committee thereof, fails to elect members of any market committee, the Director shall give notice in writing requiring such body of persons, local authority or co-operative society or managing committee thereof, to elect members within one month from the date of service of such notice; and on the failure of such body, authority, society or committee to elect members within the specified period, the Director shall nominate the required number of persons who are qualified to be elected under this Act to represent such body of persons, local authority or co-operative society or managing committee thereof.
(4) Except as otherwise provided under this Act, a member of a market committee (not being a committee constituted for the first time) shall hold office for a period of three years and a member of a market committee constituted for the first time shall hold office for a period of one year:
Provided that the State Government may, by notification extend the term of office of members of any market committee for a period not exceeding one year;
Provided further that a person who is a member of a co-operative society or a local authority shall cease to hold office on his ceasing to be such member, and in the case of a person who is a licensee shall cease to hold office on his ceasing to be the holder of the licence.
(5) The names of the members of a market committee who have been elected or nominated, shall be published in the official Gazette.
(6) Upon the publication of the names of all the members of a market committee after election, or nomination, as the case may be, or upon the publication of the names of at least nine members of such committee in the official Gazette, the market committee shall be deemed to be duly constituted.
### 10. Creation of election fund.
- The superintendence, direction and control of the preparation of the list of voters for, and conduct of, all election to market committee shall be vested in the Director and, for the purpose of preparing the list of voters and conduct of elections, every market committee shall constitute an election fund consisting of an amount as may be determined by the Director and shall deposit with the Director such amount and before such date as may be directed by him for meeting the expenses for preparing or revising the list of voters of conducting the election.
### 11. Commencement of term of office of members.
(1) The term of office of the members of a market committee shall be deemed to commence on the date of the first meeting of the market committee at which business is transacted.
(2) The first meeting of the market committee, to be called by the President, shall be held on such date as may be fixed by the Director or any officer authorised by him in that behalf, being a date not later than thirty days from the date on which the committee is deemed, under sub-section (6) of Section 9 to be duly constituted
(3) Where the first meeting cannot, for any reason, be held within the said period of thirty days, the Director shall report the fact to the State Government stating the reasons for the failure to hold the meeting and shall act according to the direction of the State Government issued in that behalf.
(4) The term of office of the outgoing members shall be deemed to extend to and expire with the date immediately the date of such first meeting.
### 12. Resignation of members and nomination in certain circumstances.
(1) A member of a market committee may resign his office in writing addressed to the President and the President may resign his office of membership in writing addressed to the Director and the resignation shall take effect from the date on which it is accepted by the President, or as the case may be, the Director.
(2) If at any time it appears to the State Government that any market committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, it may, by notification, nominate persons to fill the vacancies of the members who have resigned ; and the persons so nominated shall hold office for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled by election or nomination, as the case may be.
### 13. Removal of member of market committee.
- The State Government may, on the recommendation of the market committee supported by not less than eight members of the committee present and voting at a meeting remove any member if he has been guilty of misconduct or of any disgraceful conduct, or has become incapable of performing his duties as a member or is adjudged an insolvent:
Provided that no such member shall be removed from his office unless he has been given a reasonable opportunity of being heard by the State Government.
### 14. Casual vacancies.
- Subject to the provisions of sub-section (3) of Section 9 and sub-section (2) of Section 12 in the event of vacancies occurring on account of death, resignation or removal of a member, whether elected or nominated, before the expiry of his term of office, or otherwise, the President of the market committee shall forthwith communicate the occurrence of such vacancy to the Director and the vacancy shall be filled as soon as convenient may be, by election, or as the case may be, nomination of a person, who shall hold office for the remainder of the term of office of the member in whose place he is elected or nominated:
Provided that if the vacancy occurs at any time within three months immediately proceeding the date on which the term of office of the member is due to expire the vacancy shall not, unless the State Government otherwise directs, be filled.
### 15. Terms of office of the President.
- The president shall unless removed earlier, hold office for such period as may be prescribed and shall not withstanding the expiry of his term of office, continue to hold office until his successor enter upon his office.
### 15A. [ Powers and duties of the President of a market committee.
[Section 15A has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary Part III, No. 166, dated 30.8.1984.]
- The President of a market committee shall in addition to presiding over the meetings of the committee, exercise and discharge such powers and duties of the committee as may be delegated to him by the committee and such other powers and duties as may be prescribed.]
### 16. Procedure of election of President.
(1) The President shall be elected in the first meeting of the market committee.
(2) Such meeting shall be presided over by the Director or any person authorised by him in this behalf.
(3) The Director or such person shall, when presiding over the meeting, have the same powers as the President has while presiding over a meeting of the market committee but shall not have the right to vote.
(4) If, in the election of the President, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine.
(5) In the event of a dispute arising as to the validity of the election of the President, the Director, if he is the presiding officer, shall decide the dispute himself, and, in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the State Government, shall be final, and no suit or other proceeding shall lie in any court in respect of any such decision.
### 17. Resignation of President.
- The President of the Market Committee may resign his office in writing addressed to the Director; and the resignation shall take effect from the date on which it is accepted by the Director.
### 18. Consequences of absence of the President without leave.
- Subject to the rules made by the State Government in this behalf, a President of the market committee who absents himself from three consecutive meetings of the market committee without leave of the Director shall cease, on and from the date on which the third such meeting is held, to be the President.
### 19. Vacancies in office of President.
(1) In the event of a vacancy in the office of the President by reason of death, resignation on otherwise, the vacancy shall be filled as soon as possible,-
(a) by nomination, in the case of a market committee constituted for the first time; and
(b) in any other case, in the manner provided in sub-section (3) of Section 7.
(2) Every President nominated or elected, as the case may be, under this section, to fill a casual vacancy shall hold office for such period as the president in whose place he is nominated or, as the case may be, elected, would have held such office if the vacancy had not occurred.
### 20. Refusal to hand over charge to new President.
(1) On the nomination or election of the President, the outgoing President shall forthwith hand over charge of his office to the successor-in-office.
(2) If the outgoing President fails or refuses to hand over charges of his office as required under sub-section (1), the Director or any person authorised by the Director in this behalf may, by order in writing, direct such President forthwith to hand over charge of his office to the successor-in-office together with all records, fund and property of the market committee, if any, in his possession as such President.
(3) If the outgoing President to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf may apply to the Executive Magistrate, within the local limits of whose jurisdiction the market committee is functioning, for seizing and taking possession of the records, funds and property of the market committee in the possession of such President and handing over possession thereof to the successor-in-office.
(4) On receipt of an application under sub-section (3) the Executive Magistrate may authorise any police officer, not below that rank of a Sub-Inspector to enter and search any place where the records, fund and property are kept or are likely to be kept and to seize them and to handover possession thereof to the person specified in such application.
(5) The provision of the Code of Criminal Procedure, 1973 shall apply to every search and seizure made under this Act.
### 21. Meeting etc. of market committee.
- The quorum for a meeting of the market committee and the procedure to be followed thereat shall be regulated in accordance with the bye-laws made for the purpose by the market committee.
### 22. Members to act during vacancy; acts of market committee, etc. not to be invalidated by informalities.
- A market committee shall have power to act notwithstanding any vacancy in the membership, or any defect in the constitution, thereof; and the proceedings of a market committee shall be valid notwithstanding that some person, who was not entitled to be a member, had sat, voted or otherwise taken part in the proceedings of any such committee.
Chapter III
-------------
Market Committees-Powers and Duties
### 23. Powers and duties of market committees.
(1) Subject to the provision of this Act, it shall be the duty of a market committee-
(i) to implement the provisions of this Act and of the rules and bye laws made thereunder for the market area;
(ii) to provide such facilities for marketing or agricultural produce therein as the State Government may, from time to time, direct;
(iii) to do such other acts as may be required in relation to the superintendence, direction and control of markets, or for regulating, marketing or agricultural produce in any place, in the market area and for purposes connected with the matters aforesaid, and for that purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this Act.
(2) Without prejudice to the generality of the foregoing provisions, a market committee may-
(a) grant, renew, refuse, suspend or cancel licences;
(b) provide for settling disputes arising out of any kind of transactions connected with the marketing of agricultural produces and all matters ancillary thereto;
(c) prosecute persons for violating the provisions of this Act and all the rules and bye-laws made thereunder;
(d) maintain and manage the market, including the regulations of conditions for use of the market;
(e) regulate the marketing of agricultural produce in the market area or the market, and the weighment or delivery of, or payment for, such agricultural produce;
(f) arrange for collection-
(i) of such agricultural produce in the market area in which all trades therein are to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or
(ii) of such other agricultural produce in the market area, as the State Government may, from time to time, notify in the Official Gazette (hereinafter referred to as the notified produce);
(g) acquire, hold and dispose of any movable or immovable property (including any equipment necessary for the purpose of efficiently carrying out its duties);
(h) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of agricultural produce (including information relating to crops-statistics and marketing intelligence as may be required by the Director of the State Government;
(i) take of possible steps to prevent adulteration and to promote grading and standardisation of such agricultural produces as may be prescribed;
(j) enforce the provisions of this Act and of the rules and bye-laws made, and conditions of the licences granted under this Act;
(k) perform such other duties as may be prescribed.
### 24. Constitution of sub-committee, delegation of powers.
- A market committee may constitute one or more sub-committees consisting of one or more of its members and, subject to such restrictions and conditions as may be prescribed, delegated to such sub-committees such of its powers or duties as it may think fit.
### 25. Power of the market committee to open collection centre for marketing of specified produce; provision for receipt and payment by purchaser.
(1) A market committee duly authorised by the State Government for the purpose may, by an order published for the information of the public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce).
(2) Where any person wishes to sell any specified produce in a market area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1):
Provided that, any such specified produce may be tendered through a commission agent or any agency specified by the State Government in this behalf.
(3) The market committee shall, on the sales of such produce, get it weighed, measured or, as the case may be, counted forthwith and arrange for issuing a receipt therefor to the person who has tendered the produce at the collection centre for sale or, as the case may be, to the commission agent or agency and shall also arrange to give a copy of the receipt to the purchaser:
Provided that the market committee may authorise any corporate body registered under the Tripura Co-operative Societies Act, 1974 and operating in the collection centre in specified produce for the purpose of discharging the functions of the market committee under this sub-section on such terms and conditions, not being inconsistent with the provisions of this Act or the rules or the bye-laws made thereunder, as may be agreed upon.
(4) Such receipt shall contain the following particulars that is to say,-
(i) the name of the collection centre;
(ii) the name of the tenderer;
(iii) the name of the purchaser;
(iv) the name of the agent if any;
(v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing measuring or counting such produce;
(vi) grade of specified produce, if any, and the rate;
(vii) the amount to be paid to the market committee by the purchaser;
(viii) the amount to be paid by the tenderer to the commission agent by way of his commission if any, and such other market charges, as are duly authorised by the market committee.
(ix) the amount to be actually paid to the tenderer after deducting the amount, if any, falling under Clause (vii) or Clause (viii);
(x) the total amount to be paid by the purchaser in respect of the specified produce purchased by him.
(5) The dues payable to a market committee under Clause (vii) of sub-section (4) shall consist of fees to be levied and collected from a purchaser by or under this Act.
(6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the total amount to be paid by him as recorded in the receipt, to-
(a) the market committee, an amount equal to the total of the amount referred to in Clause (vii) and Clause (viii) of sub-section (4);
(b) the tenderer, an amount equal to the amount referred to in Clause (ix) of sub-section (4).
(7) The market committee, on receipt of money, shall arrange to pay from the amount received by it, to the commission agent, if any, the amount recorded against such agent in the receipt and credit the balance due to it to the market fund.
### 26. Power of market committee to levy fees.
- It shall be competent for a market committee to levy and collect such fees (hereinafter referred to as the market fees), not being in the excess of, or less than, an amount determined by the State Government by notification, from every purchaser of agricultural produce sold in a market area in such manner and at such rate as may be prescribed:
Provided that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported therefrom within thirty days, from the date of its arrival therein, it shall, until the contrary is proved, be presumed to have been brought into the market area for buying and selling, and shall be subject to the levy of fees under this section, as if it had been brought and sold therein;
Provided further that no such fees shall be levied and collected in the same market area in relation to any agricultural produce in respect of which fees under this section have already been levied and collected therein.
### 27. Power to borrow and lend.
(1) A market committee may, with the previous sanction of the State Government, raise money required for carrying out the purposes for which it is established on the security of any property vested in it and of any fees leviable by it under this Act.
(2) A market committee may, for the purpose of meeting the expenditure on lands, building and equipment, required for establishing the market, obtain loan from the State Government on such terms and conditions as that Government may determine.
(3) A market committee may with the previous approval of the State Government, obtain loans from other market committees or any financial institution or give loans to other market committees on such conditions and subject to such rules, as may be made.
### 28. Execution of contracts.
(1) Every contract entered into by a market committee shall be in writing and shall be executed on behalf of the committee by the President and the Secretary of the committee.
(2) No contract, other than a contract executed as provided in sub-section (1) shall be binding on the market committee.
Chapter IV
Officers and Servants of Market Committee
---------------------------------------------------------
### 29. Power of market committee to employ staff.
(1) Every market committee shall have as its Secretary a person appointed by the State Government from amongst the nominated members of the committee.
(2) A market committee may, with the previous approval of the State Government, employ such number of other officers and servants as may be necessary for the management of the market and the salary and conditions of service of such officers and servants shall be such as may be determined by the committee by bye-laws made in this behalf.
(3) The Government may, on the request of a market committee and on such conditions as may be prescribed depute a servant of the Government to the service of the market committee for the purpose of assisting that committee to manage it affairs.
### 29A. [ Powers and duties of the Secretary of a market committee.
[Section 29A has been inserted vide Tripura Act No. 3 of 1984 published in the Tripura Gazette, Extraordinary, Part III, No. 166 date 30-8-1984.]
- The Secretary shall exercise and discharge such powers and duties as may be delegated to him by the President, and such other powers and duties as may be prescribed.]
Chapter V
Marketing of Agricultural Produce
------------------------------------------------
### 30. Regulation of marketing of agricultural produce.
(1) Subject to the provisions of this section and of the rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall on and after the date on which an area is declared under sub-section (1) of Section 4, to be a market area, without, or otherwise than in conformity with the terms and conditions of a licence granted by-
(a) the Director when a market committee has not been constituted or has not started functioning; or
(b) in any other case, by the market committee-
(i) use any place in the market area for the marketing of the agricultural produce specified in the said declaration; or
(ii) operate in the market area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of such agricultural produce.
(2) Nothing in sub-section (1), shall apply to the retail sale by an agriculturist of his own produce, or to sell by a person, not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or the consumption of any member of his family.
### 31. Grant of licences.
(1) Subject to the rules made in this behalf, a market committee may, after making such inquiries as it deems fit, grant or renew a licence for the use of any place in the market area for the marketing of agricultural produce or for operating therein as trader, commission agent, surveyor processor, weighman, measurer, warehouseman or in any other capacity in relation to marketing of agricultural produce or may after recording its reason in writing therefor, refuse to grant or renew any such licence:
Provided that the Director may, where a market committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any market area as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman or in any other capacity.
(2) A licence granted under sub-section (1)-
(a) shall be in such form, valid for such period and subject to such terms, conditions restrictions and limitations as may be prescribed and such restrictions may include a provision prohibiting commission agents from acting in any transaction (except between a trader and trader) in respect of such agricultural produce as may be prescribed; and
(b) may also specify-
(i) the manner in which and the place at which auction of agricultural produce shall be conducted and bids at such auction shall be accepted;
(ii) place at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as may be prescribed.
### 32. Power of cancellation and suspension of licence.
(1) Subject to the provision of sub-section (3), a market committee may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewed under this Chapter-
(a) if the licence had been obtained through wilful misrepresentation or fraud;
(b) if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence; or
(c) if the holder of the licence in combination with other holders of licence commits any act or abstains from carrying out his normal business in the market with intention of wilfully obstructing suspending or stopping the marketing of agricultural produce in the market area; or
(d) if the holder of the licence has been adjudged an insolvent and has not obtained his discharge; or
(e) if the holder of the licence is convicted of any offence under this Act.
(2) Notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section (3), the Director may, when the market committee has not been constituted or has not started functioning for reasons to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this Chapter.
(3) No licence shall be suspended or cancelled under this section unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
### 33. Appeal.
(1) Any person aggrieved by an order of the Director or the market committee refusing to grant or renew a licence or cancelling or suspending any licence, may appeal to the State Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed.
(2) The State Government shall, on such appeal, make such order as it may deem just and proper;
Provided that, before dismissing an appeal, the State Government shall give the appellant a reasonable opportunity of being heard, and record in writing the reasons for, such dismissal.
### 34. Provision for settlement of disputes.
(1) For the purpose of settling dispute between buyers and sellers of agricultural produce or their agents including any dispute regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural produce in the market area, the market committee constituted for that market area may appoint arbitrators or constitute from amongst its members a sub-committee.
(2) The method of appointment of arbitrators, the constitution and function of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes shall be such as may be prescribed.
Any party, aggrieved by the decision of the arbitrator or the sub-committee, may prefer an appeal from such decision to the State Government in such manner and within such time as may be prescribed.
Chapter VI
Market Fund
---------------------------
### 35. Market fund, its custody and investment.
(1) All fees and other moneys received by a market committee under this Act (except the amount of such fees credited to the election fund under Section (10), all sums realised by way of penalty (otherwise than by way of fine in any criminal case), all loans raised by the Committee, and all grants loans, or contributions made by the State Government to the Committee shall form part of a fund to be called the market fund.
(2) The amount to the credit of a market fund shall be kept or invested in such manner as may be prescribed.
### 36. Purposes for which market fund may be expended.
- The amount standing to the credit of the market fund may be expended for all or any of the following purposes, namely:
(a) the acquisition of site or sites for the market;
(b) maintenance, development and improvement of market;
(c) construction of, and repairs to building necessary for the purpose of such market and for the health, convenience and safety of persons using it;
(d) the provision and maintenance of standard weight and measures;
(e) pay, pension and leave, allowances, gratuities, compensations for injuries or death resulting from accidents, compassionate allowances and contributions towards leave, pension or provident fund of the officers and servants, employed by the market committee;
(f) the payment of interest on loan, if any, raised by the market committee and the provision of sinking fund in respect of such loan;
(g) the collection and dissemination of information regarding matters relating to crops statistics and marketing in respect of agricultural produce specified in the notification under sub-section (1) of Section 4;
(h) propaganda in favour of agricultural improvement and orderly marketing;
(i) payment of travelling and other allowances to the members of the market committee and of its sub-committees, if any, constituted under Section 34;
(j) expenses of any tribunal constituted under sub-section (4) of Section 52;
(k) any other function of the market committee specified in this Act or in the rules made thereon:
(l) for any other purpose, with the previous approval of the State Government.
### 37. Manner of auditing accounts, preparing budget, annual report etc.
- The manner in which any payment from the market fund shall be made, its account shall be kept and audited or re-audited (including powers to be exercise by the auditor in this behalf), its annual, revised or supplementary budget estimates of income and expenditure shall be made (including provision for modifying, annulling or rescinding such budgets) and its annual administrative report shall be prepared, shall be such as may be prescribed.
Chapter VII
Trade Allowances Prohibited
--------------------------------------------
### 38. Making or recovery of trade allowances prohibited.
- No person shall make, or cause to be made on his behalf or on behalf of any other person, or recover, or cause to be recovered on his behalf or on behalf or any other person, and trade allowances in any market or market area in relation to any transaction made or proposed to be made in the market area in respect of any agricultural produce.
Explanation. - For the purposes of this section "trade allowance" means anything realised in cash or in kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise.
[Chapter VII-A]
[Chapter VII-A (containing Sections 38-A to 38-R) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.]
The Board
### 38A. Establishment and constitution of the Board.
(1) For the purpose of co-ordinating and supervising the works of the market committees and for other purposes of this Act, the State Government may, by notification in the Official Gazette, establish a Board, to be called the Tripura Agricultural Produce Market Board.
(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name use and be sued.
(3) The Board shall consist of members, both officials and non-officials, not less than six or more than ten in number, of whom not more than fifty per cent shall be non-officials.
(4) The members of the Board shall be appointed by the State Government.
(5) The State Government shall appoint one member of the Board to be the Chairman and another official member of the Board to be the General Manager.
### 38B. Disqualifications.
- No person, who-
(a) is an employee of the Board, or
(b) has been declared by a competent court to be of unsound mind, or
(c) is an undischarged insolvent, or
(d) has been convicted by a court of law for an offence involving moral turpitude.
Shall be eligible to be appointed as a member of the Board.
### 38C. Term of office of the members of the Board.
(1) The term of office of the members of the Board shall be three years form the date of appointment and other conditions of service of the members shall be such as may be prescribed:
Provided that the State Government may, by notification in the Official Gazette, extend the term for a period not exceeding one year.
(2) In the event of any vacancy occurring on account of death, resignation, removal or otherwise of a member, such vacancy shall be filled, as soon as may be convenient, by appointment of a person who shall hold office for the remainder of the term of office of the member in whose place he is appointed.
### 38D. Resignation by the Chairman or member of the Board.
- A member of the Board may resign his office in writing addressed to the Chairman and the Chairman may resign his office in writing addressed to the State Government and the resignation shall take effect from the date on which it is accepted by the Chairman, or, as the case may be, the State Government.
### 38E. Powers and duties of the Chairman.
- The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed.
### 38F. Powers and duties of the General Manager.
(1) Subject to the general superintendence and control of the Board and the Chairman of the Board, the General Manager shall be the Chief Executive Authority of the Board.
(2) The General Manager shall exercise and discharge such of the powers and duties of the Chairman as may be delegated to him by the Chairman and such other powers and duties as may be prescribed.
### 38G. Meeting of the Board.
- The Board shall meet at such interval and transact business in such manner as may be prescribed.
### 38H. Acts not to be invalid due to vacancy or defect.
- No act or proceeding of the Board shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the Board; or
(b) any defect in the appointment of a person acting as a member of the Board; or
(c) any irregularity in the procedure of the Board not affecting the merits of the case.
### 38I. Removal etc. of members.
(1) The State Government may remove from the Board any member who, in its opinion-
(a) refuses to act,
(b) has become incapable to act,
(c) has so abused his office as a member so as to render his continuance on the Board detrimental to the interest of the public, or
(d) is otherwise unsuitable to continue as a member.
(2) The State Government may suspend any member pending an inquiry against him.
(3) No order of removal shall be made unless the member concerned has been given an opportunity of being heard and when such order is passed, the seat of the member removed shall be declared vacant.
(4) A member who has been removed shall not be eligible for reappointment as a member or in any other capacity under the Board.
### 38J. Reconstitution of the Board.
- If the Board fails to carry out its functions or directions issued by the State Government under this Act, the State Government shall have power to reconstitute the Board.
### 38K. Duties of the Board.
- It shall be the duties of the Board-
(a) to supervise, control and co-ordinate the activities of the market committees;
(b) to provide expert technical assistance or guidance to the market committees, arrange for the training of officers and employees of the Board and the committees;
(c) to educate the people about the advantages of the markets;
(d) to collect and disseminate such statistics and marketing informations in relation to or in connection with the markets or market committees as may be considered necessary by the Board for the benefit of general public; and
(e) to perform such other duties as may be prescribed.
### 38L. Delegation of powers and duties of the Board.
- The Board may, from time to time, by order, delegate, under such restriction, if any, as it may think fit to impose, any of its powers and duties, conferred by or under this Act, to the Chairman or the General Manager of the Board.
### 38M. Officers and employees of the Board.
- The Board may, with the approval of the State Government, appoint such other officers and employees as it may consider necessary for the efficient discharge of its functions.
### 38N. Finance, Accounts and Audit.
(1) The State Government may advance money or grant loan to the Board on such terms and conditions as may be determined by the State Government.
(2) The Board may, with the previous approval of the State Government raise loan from the open market or any financial institution.
### 38O. Board Fund.
(1) There shall be constituted a fund to be called the Tripura Agricultural Produce Marketing Board Fund and there shall be credited thereto the sums paid to the Board by the Central Government or the State
Government and all other sums raised or received by the Board.
(2) The fund shall be applied-
(a) for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Board and other administrative expenses of the Board;
(b) for advancing money or granting loan to the market committees on such terms and conditions as the Board may determine;
(c) for meeting other expenses of the Board in the discharge of its functions under this Act or the rules made thereunder; and
(d) for repayment of loans raised or received by the Board or interest thereon.
### 38P. Budget of the Board.
- The Board shall prepare, in such form and at such time each year as may be prescribed, its budget for the next financial year, showing the estimated expenditure and forward the same to the State Government for sanction.
### 38Q. Annual report of the Board.
- The Board shall prepare in such form and at such time each year as may be prescribed, its annual report giving full accounts of its activities during the previous year and forward copies thereof to the State Government.
### 38R. Accounts and audit.
- The Accounts of the Board shall be maintained and audited in such manner as may, be prescribed].
Chapter VII
Control by the State Government
------------------------------------------------
### 39. [ Control by the State Government over the Board.
[Section 39 and 39-A, have been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.]
- The State Government may, from time to time issue to the Board such directions and instructions as it may deem necessary for the efficient administration of the Act and the Board shall carry out such directions and instructions].
### 39A. [ Control by the State Government and the Board over the market committee.
[Section 39A has been inserted vide Tripura Act No. 3 of 1984.]
- Subject to the control of the State Government, the Board or any officer, authorised by it by general or special order in this behalf, may-
(a) inspect or cause to the inspected the accounts and offices of any market committee;
(b) institute inquiry into the affairs of any market committee;
(c) call for any return, statement, accounts or report which it or he may consider necessary for the committee to furnish;
(d) issue to the market committees such orders, directions or instructions or do such other acts as it may deem necessary for the efficient administration of this Act.]
### 40. Duty of officers, servant and members of market committee to furnish information to the Director, authorised officers and State Government.
(1) When the accounts and offices of market committee are inspected, or the affairs of such committee are inquired into under Section 39, or the proceedings of such committee are examined under Section 42, all officers, servants, and members of such committee shall furnish such information in their possession in regard to the accounts and offices or affairs or proceedings of such committee as the Director, or the officers authorised by the Director, as the case may be, may require.
(2) The [Board]
[The word 'Board' has been substituted for the word 'Director', vide Tripura Act No. 3 of 1984.]
or any officer inspecting the accounts and offices or inquiring into the affairs of market committee under Section 39, or the State Government examining the proceedings of such committee under Section 42, shall, for the purposes of such inspection, inquiry or examination, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:
(a) the summoning and enforcing the attendance of any officer, servant or member of the market committee and examining him on oath;
(b) the discovery and production by any officer, servant or member of the market committee of any document or other material subject producible as evidence; and
(c) the reception of evidence on affidavits.
(3) Any officer exercising the powers conferred by sub-section (2) shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
### 41. Powers of the Director to seize books and records, funds and properties of market committees.
- Where the Director has reason to believe that the books and records of a market committee are likely to be tampered with or destroyed or the funds or property of a market committee are likely to be misappropriated or misapplied, the Director may, with the approval of the State Government, issue an order directing a person duly authorised by him in writing to seize and take possession of such books and records, funds and property of a market committee and the officer or officers of the market committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorised.
### 42. Power of the State Government to call for records of any proceeding of a market committee.
- The State Government may, at any time, call for and examine the records of any proceedings of a market committee for the purposes of satisfying itself as to the legality or property of any decision or order passed by the market committee under this Act, and if, in any case, it appears to the State Government that any decision or order or proceedings so called for should be modified, annulled or reversed, the State Government may pass such order thereon as it think fit.
### 43. Supersession of market committee.
(1) If, in the opinion of the State Government, a market committee, or any member thereof, is not competent to perform or persistently makes default in performing the duties imposed on it or him by or under this Act, or abuses its or his power or wilfully disregards any instructions issued by the State Government or any officer duly authorised by it in this behalf and arising out of audit of account of the market committee or inspection of the office and works thereof thereby frustrating the purposes of this Act, the State Government may, for reasons to be recorded by it in writing and after giving the committee or member, as the case may be, an opportunity of tendering an explanation, by notification, supersede such market committee, or remove such member, as the case may be; and, where a member is removed the vacancy so caused shall be filled in the same manner and subject to the same conditions in regard to term of office, as provided in Section 14.
(2) Upon the publication of a notification under sub-section (1) superseding a market committee the following consequences shall ensue, that is to say-
(a) all members of the market committee shall, from the date of such publication, be deemed to have vacated their office.
(b) all the assets of the committee shall vest in the State Government;
(c) the State Government may, by order, either constitute a new market committee in accordance with the provisions contained in Chapter II or make such other arrangement for carrying out the functions of the market committee as it thinks fit.
Chapter IX
Penalties
-------------------------
### 44. Penalty for not complying with directions.
- If the president to whom a direction has been issued under sub-section (2) of Section 20, does not, except for reasons beyond his control, comply with such direction, he shall be punished with fine which may extend to five hundred rupees.
### 45. Penalty for contravention of Section 33.
- Whoever in contravention of the provision of sub-section (1) of Section 30, uses any place in the market area for the marketing of the agricultural produce specified in the declaration made under sub-section (1) of Section 4, or operates in the market area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of agricultural produce specified in such declaration, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; and in the case of continuing contravention with further fine which may extend to fifty rupees for every day, after first during which the contravention continues.
### 46. Penalty for making or recovering trade allowances.
- Whoever, in contravention of the provision of Section 38, makes or causes to be made or recovers or causes to be recovered any trade allowances, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
### 47. Penalty for obstructing officer and failure to obey order under Section 39.
- Whoever, obstructs any officer in carrying out the inspection of accounts, or in holding the inquiry into the affairs of a market committee or fails to obey any order with reference to any matter specified in [Clause (a) or Clause (c) of Section 39-A]
[The words 'Clause (a) or Clause (c) of Section 39-A' have been substituted for the words, letters and figures 'Clause (d) or Clause (c) of Section 39' vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166 dated 30-8-1984.]
shall be punished with fine which may extend to two hundred rupees for every day during which the offence continues.
### 48. Contravention of provisions of the Act, rules or bye-laws.
- Whoever contravenes any provisions of this Act or of any rules or bye-laws made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or in the rules or bye-laws, be punished with fine which may extend to two hundred rupees.
### 48A. [ Compounding of offences.
[Section 48A has been inserted vide Tripura Act No. 3 of 1984.]
- The offences punishable under Section 44 may be compounded by the Director; those punishable under Sections 45 and 46 may be compounded by the market committee concerned and the offences punishable under Section 47 and 48 may be compounded by the Board].
Chapter X
Miscellaneous
----------------------------
### 49. [ Members, officers and employees of the Board and market committees to be public servants.
[Section 49 has been substituted vide Tripura Act No. 3 of 1984.]
- All members, officers and employees of the Board or the market committees shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be the public servants within the meaning of Section 21 of the Indian Penal Code.]
### 50. Bar of jurisdiction.
- No order passed or decision made under this Act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect any matter which any competent authority is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
### 51. Trial of offences.
(1) No offence under this Act, or any rule or bye-law made thereunder, shall be tried by a court inferior to the court of a Judicial Magistrate of the first class.
(2) No prosecution under this Act shall be instituted except by the Director or any officer authorised by him in that behalf or by the Secretary or by any other person duly authorised by the market committee in that behalf.
(3) No court shall take cognizance of any offence under this Act or any rule, order or bye-law made thereunder, unless complaint thereof is made within six months from the date on which the alleged commission of the offence came to the knowledge of the Director, officer, Secretary or person referred to in sub-section (2).
(4) All fines received by a court from an offender shall be credited to the Government revenues and an amount equal to such fine shall be paid by the Government to the market committee.
### 52. Recovery of sums due to Government market committee and others.
(1) Every sum due from a market committee to the Government shall be recoverable as an arrear of land revenue.
(2) Subject to the provisions of sub-section (3) of Section 55, any sum due to a market committee on account of any charge, costs, expenses, fees, rent or on any other account under the provisions of this Act or any rule or bye-law made thereunder or any sum due to an agriculturist for any agricultural produce specified under sub-section (1) of Section 25, sold by him in the market area and which is not paid to him as provided by or under this Act, shall be recoverable from the person from whom such sum is due in the same manner as if it were an arrear of land revenue.
(3) If any question arises whether a sum is due to a market committee or any agriculturist within the meaning of sub-2.(2) it shall be referred to a Tribunal constituted for the purposes which shall, after making such inquiry as it may deem fit, and after giving to the person from whom it is alleged to be due, an opportunity of being heard, decide the question and the decision of the Tribunal shall be final.
(4) The State Government may constitute one or more Tribunals consisting of one person, possessing such qualifications as may be prescribed who is not connected with the market committee or the agriculturist, as the case may be, or with the person from whom the sum is alleged to be due.
### 53. Power of State Government to delegate powers.
- The State Government may, be notification, and subject to such conditions, if any as it may think fit to impose, delegate all or any of the powers conferred upon it by or under any of the provisions of this Act to be the [Board]
[The word 'Board' has been substituted for the word 'Director', vide Tripura Act No. 3 of 1984.]
or any other officer or person specified in the notification.
### 54. Power to exempt the market committee etc. from provisions of the Act.
- The State Government may, by general or special order, published in the official Gazette, exempt any market committee or any class of persons from any of the provisions of this Act or any rule or bye-law made there under or may direct, in like manner, that the provisions of this Act shall apply to the market committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.
### 55. Power to make rules.
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the manner in which the members of a market committee may be elected, under Section 9 including all matters incidental to such election;
(b) term of office and other conditions of service of the President of the market committee under Sections 15 and 18;
(c) the duties of market committee under sub-section (2) of Section 23 and the promotion of the grading and standardisation of such agricultural produce as may be specified in the rules, under Clause (i) of that sub-station;
(d) the manner of levy and collection of market fees by market committee, under Section 26;
(e) the conditions subject to which loans may be obtained or given by a market committee under sub-section (3) of Section 27;
(f) the manner in which and the time within which an appeal may be filed under sub-section (2) of Section 59;
(g) the form of licence and the terms and conditions subject to which a licence may be granted or renewed; including fees to be paid in respect of such licence, under Section 31;
(h) the fees payable in connection with the weighment and delivery of agricultural produce under Section 31;
(i) the manner in which an appeal may be filed under sub-section (1) of Section 33;
(j) the composition of sub-committees, method of payment of arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the sub-committees or arbitrators for the settlement or disputes and the manner in which and the time within which an appeal may be preferred from the decision of the sub-committee or arbitrator under Section 34;
(k) the manner in which the amount to the credit of a market fund shall be kept or invested under sub-section (2) of Section 35;
(l) travelling and other allowances payable to the members of the market committees;
(m) the manner in which payment from the market fund shall be made its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administration report shall be prepared under Section 37;
(n) the qualifications of the member of a Tribunal constituted under sub-section (4) of Section 52;
(o) any other matter which is required to be, or may be, prescribed.
(p) [ power and duties of the Chairman under Section 38-E;
[Clauses (p) to (v) in Section 55 have inserted vide Tripura Act Act No. 3 of 1984.]
(q) power and duties of the General Manager under sub-section (2) of Section 38-F;
(r) manner of transacting business of the Board under Section 38-G;
(s) the form and which the time at which the budget and annual report of the Board shall be prepared under Sections 38-P and 38-Q respectively;
(t) the manner in which the accounts of the Board shall be maintained and audited, as required under Section 38-R;
(u) the powers and duties of the President of a market committee under Section 15-A;
(v) the powers and duties if the Secretary under Section 29-A.]
(3) Any rule made under this section may provide that if any purchaser fails to make the payment forthwith as required by sub- section (6) of Section 25, he shall be liable to pay interest from the date of sale to the date of payment at such rate as may be provided in such rule and if payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the market committee from the purchaser in the manner provided on Section 52.
(4) Any rule made under the provisions of this Act, may provided that the contravention thereof shall, on conviction, be punished with fine which may extend to five hundred rupees.
(5) The power to make, rule conferred by this section, shall be subject to the condition of the rules being made after previous publication.
(6) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Tripura while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the session immediately following, the house agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 56. Bye-laws.
(1) Subject to any rules made under this Act, and with the previous sanction of the State Government, a market committee may, in respect of the market area for which it is constituted or any market established therein, make bye-laws for determining the quantity of agricultural produce which may be provided for retail sale, for the regulation of the business (including meeting, quorum an procedure) of the market committee and the conditions of trading in the market area, including the rates and manner of collection or refund of market fees or any other fees levied under this Act.
(2) Where a market committee fails to make-bye-laws under this section within six months from the date on which this Act comes into force or the date of its constitution, whichever is later, the State Government may make such bye-laws as it may think fit and the bye-laws so made shall remain in operation in relation to that market committee.
(3) Any bye-law made under the provisions of this Act may provide that any contravention thereof shall, on conviction, be punished with fine which may extend to one hundred rupees.
### 57. Power of the State Government to amend Schedule.
- State Government may by notification, include in the Schedule any item of agricultural produce or, amend, or exclude, any of the items of agricultural produce specified i n the Schedule.
### 58. Power to write off irrecoverable fees etc.
- Whenever it is found that any amount due to the State Government or a market committee is irrecoverable or should be remitted, or whenever any loss of the State Government's or a market committee's money or stores or other property occurs through the fraud or negligence of any person or for any other cause and such money or property is found to be irrecoverable, the fact shall be reported to the Director or market committee, as the case may be, and the Director with the approval of State Government and the market committee with the approval of the Director, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be:
Provided that the Director shall not accord such approval without obtaining prior consent of the State Government.
### 59. Power of the Committee and President to impose penalty.
(1) A market committee shall have the power by order, to impose the penalties of censure and fine on any market functionary or agriculturist or purchaser for the contravention of any bye-law, after giving the person concerned a reasonable opportunity of being heard;
Provided that the market committee shall not be competent to impose fine exceeding twenty-five rupees.
(2) An appeal against an order under sub-section (1) shall lie to the Director within such time and in such manner as may be prescribed.
### 60. Repeal and savings.
(1) On the commencement of this Act, the Bombay Agricultural Produce Markets Act, 1939, shall cease to be in force in the State of Tripura:
Provided that such cessation shall not affect the previous operation of the enactment aforesaid and anything done or any action take (including any appointment, delegation or declaration, made, notification, order, rule, direction, or notice issued, bye-law framed, market committee established, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of any such enactment, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(2) Any area or place declared to be a market area or any place or market declared to be a market under the enactment so ceasing to be in force shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act; the market committee constituted for the said market area and functioning immediately prior to such commencement shall be deemed, notwithstanding anything contained in this Act, to be the market committee constituted under this Act for such market area, and, where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such market committee shall be deemed to be members nominated by the State Government under sub-section (2) of Section 7.
(3) Any reference to the enactment ceasing to be in force as aforesaid or to any provisions thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or any instrument or document, shall be construed, where necessary, as a reference to the-corresponding provisions of this Act or to the corresponding officer, authority or person functioning under this Act and the corresponding officer, authority or person, as the case may be, shall have and exercise the functions under such law, instrument or document.
### 61. Power to remove difficulties.
- If any difficulty arises, in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order not inconsistent with the provisions of this Act, do anything which appears to it be necessary or expedient for the purpose of removing the difficulty.
Provided that no such order shall be made after the expiry of three years for the commencement of this Act.
Schedule
----------
[See Section 2 (1) (a) and Section 57]
I. Fibres:
### 1. Cotton (ginned and unginned). ###
2. San Hemp,
### 3. Jute. ###
4. Mesta.
II. Cereals
### 1. Wheat arid wheat products. ###
2. Paddy and its products.
### 3. Chira. ###
4. Muri.
### 5. Khai. ###
6. Maize.
### 7. Ragi. ###
8. Jowar.
III. Pulses :
### 1. Arhar. ###
2. Blackgram of Kalai.
### 3. Mug. ###
4. Lentil (Musur) .
### 5. Choola. ###
6. Dry peas.
### 7. Kulthi. ###
8. Splits (Dal) of pulses.
### 9. Khesari. ###
10. Ghevda.
### 11. Cow peas (Dry) . ###
12. Assam Vailly.
IV Oil Seeds:
### 1. Groundnut (shelled and unshelled). ###
2. Linseeds.
### 3. Sesamum. ###
4. Coconut (including green).
### 5. Cotton seeds. ###
6. Castor seeds.
### 7. Mustard and rape. ###
8. All vegetable oil & oilcakes.
V. Tobacco :
VI. Gur, sugar and sugarcane,
VII. Fruits :
### 1. Mango. ###
2. Musambi.
### 3. Lemon. ###
4. Banana.
### 5. Chikko. ###
6. Melons.
### 7. Water Melon. ###
8. Papaya.
### 9. Guava. ###
10. Custard Apple.
### 11. Pineapple. ###
12. Naspati.
### 13. Jackfruit. ###
14. Litchi.
### 15. Orange. ###
16. Black Berry.
VIII. Vegetable :
### 1. Potato. ###
2. Onion.
### 3. Palwal. ###
4. Brinjals.
### 5. Gourds (Law, Chalkumar & Mistt Kumar). ###
6. Bhindi.
### 7. Pumpkin. ###
8. Tomato.
### 9. Cauliflower. ###
10. Cabbage.
### 11. Peas. ###
12. Beans.
### 13. Shag (All leafy vegetable). ###
14. Carrot.
### 15. Raddish. ###
16. Sweet Potato.
### 17. Karela. ###
18. Patal.
### 19. Mukhi (Chara) . ###
20. Kachu.
### 21. Green Chilly. ###
22. Tapioca.
### 23. Papaya (Green) . IX. Animal Husbandry Products :
### 1. Eggs. ###
2. Poultry.
### 3. Cattle. ###
4. Sheep.
### 5. Goat. ###
6. Wool.
### 7. Butter. ###
8. Ghee.
### 9. Milk. ###
10. Pork.
### 11. Bones. ###
12. All kinds of meat.
### 13. Hides and skins. X. Condiments, spices & others :
### 1. Turmeric. ###
2. Ginger.
### 3. Coriander. ###
4. Cardamom including black pepper.
### 5. Garlic. ###
6. Chillies.
### 7. Betelnuts. ###
8. Betel leaves.
### 9. Cashewnut. ###
10. Rai mustard.
### 11. Methi. ###
12. Tamarine.
XI. Grass & Fodder.
XII. Cattle Feeds :
(All kinds of cattle feeds)
XIII. Apiculture :
### 1. Honey. XIV. Pisciculture :
### 1. Fish including fish seed. ###
2. Fish including dry fish.
XV. Forest produce :
### 1. Hilda. ###
2. Gum.
### 3. Bidi leaves. ###
4. Lac.
### 5. Chhan. ###
6. Citronala and its oils.
### 7. Bel. ###
8. Kul.
### 9. Bamboo including Dhari, Tukri, Laddor, Chatai & Wooden portion of the plough .
|
65b92fb9ab84c7eca86e889d | acts |
State of Odisha - Act
-----------------------
Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001
---------------------------------------------------------------------------------------
ODISHA
India
Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001
=======================================================================================
Rule BHUBANESWAR-DEVELOPMENT-AUTHORITY-PLANNING-AND-BUILDING-STANDARDS-REGULATIONS-2001 of 2001
-------------------------------------------------------------------------------------------------
* Published on 8 October 2001
* Commenced on 8 October 2001
Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001
Published vide Notification No. 5726-BDA, the Bhubaneswar, Dated 8th October, 2001, Published vide Orissa Gazette Extraordinary No. 1988 dated 29.10.2001
Whereas the draft Bhubaneswar Development Authority (Planning and Building Standard) Regulations, 2000 was published as required by Sub-section(l) of Section 125 of the Orissa Development Authorities Act, 1982 (Orissa Act
14 of 1982
), in the Extraordinary Issue No. 1318 of the Orissa Gazette, dated the 18th September 2000, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of the said notification in the Orissa Gazette.
And whereas objections and suggestions received during the stipulated period in respect of the said draft have been duly considered by the State Government.
Now, therefore, in exercise of the powers conferred by Sub-section (1) read with clauses (viii) to (xviii) of Sub-section (2) of Section 124 of the Orissa Development Authorities, Act, 1982 and with the previous approval of the State Government, the Bhubaneswar Development Authority do here by frame the following regulations, namely:-
Part-I Administration
### 1. Short title, extent and commencement.
(1) These Regulations may be called the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2001.
(2) They shall extend to the whole of the area within the jurisdiction of Bhubaneswar Development Authority.
(3) They shall come into force on the date of their publication in the Orissa Gazette.
### 2. Definitions.
- In these Regulations, unless the context otherwise requires :
(1) "Act" means the Orissa Development Authorities Act, 1982;
(2) "air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditions space;
(3) "Air Port Reference Point" means a designated point which is established in the horizontal plane at or near the geometric centre of the landing area;
(4) "alteration" means a change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a buildings or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress, or a change to the fixtures or equipment.
(5) "Appendix" means an appendix appended to these regulations;
(6) "approved" means approved by the Authority;
(7) "Art Commissioner" means the Commission constituted under Sub-section (1) of Section 88;
(8) "Authority" means the Bhubaneswar Development Authority and does not include its employees acting individually. The powers and responsibilities of the Authority under this Regulation can not be delegated, unless specifically provided for in this Regulation, the Act, the Rules or, unless notified by the government;
(9) "balcony" means a horizontal cantilevered projection, including a hand rail or balustrade, to serve as passage or sitting out place;
(10) "barsati" means a habitable room (including kitchen) on the roof of a building with or without toilet/kitchen;
(11) "basement or cellar" means lower storey of a building not less than 0.9 metres and not more than 1.2 metres above the ground level;
(12) "basti area" means an area declared as such under a development plan and in the absence of such declaration, any area comprising old settlements covering such extent of lands as may be determined/ by the Authority in consultation with concerned Local Body;
(13) "basti plot" means a plot having a width ranging between 4.0 and 6.3 metres, the depth being more than three times the width, and located in a basti area;
(14) "builder" means an applicant, land owner, contractor, holder of power of attorney of the land owner, the partnership, trust or company which has any responsibility in construction of a building for commercial purposes.
Note - The Bhubaneswar Development Authority will be the builder for its own construction.
(15) "building" means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures;
Explanation - Tents, shamianas, tarpaulins, shelters, etc., put up for not more than fifteen days, shall not be considered as building;
(16) "building accessory" means a subordinate building use of which is incidental to that of a principal building on the same plot such as garage, coal or fuel shed, peons, choukidars, or domestic servants quarters, etc.;
(17) "building height" means the vertical distance measured in the case of flat roofs, from the average level of the centre line of the adjoining street to the highest point of the building adjacent to the street; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the slopping roof and in the case of gables facing the road, the mid-point between the eaves level and the ridges;
Explanation - If the building does not about on a street, the height shall be measured above the average level of the ground around and contiguous to the building;
(18) "building line" means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed in any development plan in operation of any area under the jurisdiction of the Authority or specification indicated in any Town Planning or Development Scheme, or in these Regulations;
(19) "chajja" or "sun-shade" means a sloping or horizontal structural overhang, usually provided over openings on external wails to protect it from sun and rain;
(20) "Chawl" means a building so constructed as to be suitable for letting out as separate tenements each consisting of not more than two rooms and with common sanitary arrangements;
(21) "Chimney" means as upright shaft containing and encasing one or more flues provide for the conveyance to the outer air of any product of combustion resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel;
(22) "Combustible materials" means a material, which burns or adds to a fire when used for combustibility in accordance with good practice;
(23) "conversion" means the change of an occupancy to another occupancy or change in building structure or part thereof resulting in change of space or use requiring additional occupancy certificates;
(24) "corner plot" means a plot at the junctions of and fronting on two or mere intersecting streets;
(25) "courtyard" means a space permanently open to the sky, enclosed fully or partially by buildings and may be at ground level or any other level within or adjacent to a building;
(26) "covered area" means:
(i) in respect of ground floor, ground area covered immediately above the plinth level by the building but does not include the open space covered by-
(a) garden, rookery, well and well-structures, rain water harvesting structures, plant nursery, water-pool (if uncovered) platform round a tree, tank, fountain, bench, chabutra with open top and unenclosed on sides by walls boundary wall, swing, and area covered by chaza without any pillars etc touching the ground;
(b) 'drainage culvert conduit', catch-pit, gully pit, inspection chamber, gutter and the like;
(ii) in respect of first and subsequent floors, all such areas which are not open to the sky;
(27) "Cul-de-sac" means such means of access having length from 150 to 275 metres with an additional turning space at distance of at least 150 metres such turning space being not less than 81 square metres in area having no dimension less than 9 metres;
(28) "detached building" means a building whose walls and roof are independent of any other building with open spaces on all sides;
(29) "Development Plan" includes any development plan either interim or comprehensive or zonal plan in operation for any area under the jurisdiction of the Authority;
(30) "Deviation" means any construction made in departure from the approved plan by way of internal alteration or additions, modifications in the total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;
(31) "Director Town Planning" means the person appointed as Director of Town Planning under Sub-section (1) of Section 3 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957);
(32) "drain" means a line of pipes including all fitting and equipment, such as manholes, inspection chamber, traps, gullies and floor traps, used for the drainage of a building or a number of buildings, or yards appurtenant to the buildings within the same curtilage and includes open channels used for conveying surface water;
(33) "drainage" means the removal of any liquid by a system constructed for this purpose.
(34) "enclosed stair-case" means a stair-case, separated by fire resistant walls from the rest of the building;
(35) "existing building or use" means a building, structure or its use as sanctioned/approved/regularised by the competent authority, existing before the commencement of these Regulations;
(36) "exit" means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety;
(37) "external wall" means an outer wall of a building not being a part wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of a building;
(38) "Fire alarm system" means an arrangement of call joints or detectors, sounders and other equipments for the transmission and indication of alarm and sometimes used as signals for testing of circuits and whenever required for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire;
(39) "Fire lift" means one type of lift specially designed for use by fire service personnel in the event of fire;
(40) "Fire proof door" means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a specified period;
(41) "floor" means the lower surface in a storey on which one normally walks in a building.
Explanation - The general term "floor" unless otherwise specifically mentioned shall not refer to a "mezzanine floor";
Note - The sequential numbering of floor shall be determined by its relation to the determining entrance level. For floors at or wholly above ground level the lowest floor in the building with direct entrance from the road/street shall be termed as ground floor. The other floors above ground floor shall be numbered in sequence as floor-I, floor-II, etc. with number increasing upward;
(42) "floor area ratio (FAR)" means the quotient obtained by dividing the total covered area (plinth area) on all floors with the area of the plot;
| |
| --- |
|
FAR =| Total covered area of all floorsPlot area
|
(43) "Form" means a form appended to these regulations;
(44) "Foundation" means that part of a structure which is in direct contact with and meant for transmitting loads to the ground;
(45) "Gallery" means an intermediate floor or platform projecting from a wall of auditorium or a hall providing extra floor area, additional setting accommodation, etc. It shall also include the structures provided for seating in stadia;
(46) "Garage-private" means a building or a portion thereof designed or used for parking of private owned motor driven or any other vehicles;
(47) "Garage-public" means a building or portion thereof, designed or used for repairing, servicing,- hiring, selling or parking of motor driven or any other vehicles;
(48) "Group Housing" means, apartment, or multi-storeyed housing for more than three dwelling units, where land is owned jointly and the construction is undertaken by a single agency.
(49) "Habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking if it is used as a living room, but does not include bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods;
(50) "height of the building" means the height measured from the average level of the centre line of that portion of the street on which the site abuts;
(51) "Heritage Zone" means the area as delineated in Comprehensive Development Plan.
(52) "latrine-connected" means a latrine connected to the municipal sewer system;
(53) "latrine-unconnected" means a latrine not connected to the municipal sewer system; it may be connected to a septic tank or suitable treatment or disposal system;
(54) "ledge" means a shelf-like projection, supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than 0-9 metre and at a minimum clear height of 2.2 metres from the floor level;
(55) "loft" means an intermediary floor between two floors on a residual space in a pitched roof, above normal floor level, which is constructed or adopted for storage purposes;
(56) "masonry" means an assemblage of masonry units properly bonded together with mortar;
(57) "mezzanine floor" means an intermediate floor between two floors, above ground level, accessible only from the lower floor;
(58) "multi-storey or high rise building" means a building whose height is more than 15 metres or more measured from the average level of the central line of the street on which the site abuts, or more than four floors excluding basement or stilt;
(59) "non-combustible material" means a material which does not burn nor add heat to a fire when tested for combustibility in accordance with good practice;
Explanation - All stair-case rooms, lift rooms, chimney and elevated tanks above the topmost floor and architectural features shall not be included in the number of floors in the calculation of the height of the building if the total height of such additional construction shall no exceed three metres.
(60) "non-conforming use of a building or land" means the use of a building or land existing at the time of commencement of these Regulations, and which does not conform to the Regulations pertaining to the zone in which it is situated;
(61) "Occupancy or use group" means the principal occupancy for which a building or a part of a building is used or intended to be used;
Explanation-I - For the purposes of classification of a building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it.
Explanation-II-The classification of buildings according to occupancy are as follows :-
(a) Residential Buildings
These shall include any building, in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels.
(b) Institutional Buildings
These shall include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease, infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted and special training centres. Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialised non-commercial training centres. It includes hospitals, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories These shall include any building used for school, college or day care purposes involving assembly for instruction education or recreation where it is a part of education.
(c) Assembly Buildings
These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, patriotic, civil travel and similar purposes, for example - theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rinks, gymnasium, restaurants, dance halis, club rooms, passenger stations, and terminals of air, surface and other public transportation services, recreation parlours and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions.
(d) Commercial Buildings
These shall include any building or part of a building which is used as shop, stores, market for display and sale of merchandise either wholesale or retail, office storage or a service facilities incidental to the sale of merchandise and located in the same building shall be included under this group. These shall include any building or part of a building which is used for transaction of business for the keeping of accounts and records for similar purpose by any Government or local authority or a body corporate, or a company or a person or group of persons.
(e) Industrial Building
These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.
(f) Storage Buildings
These shall include any building or part of building used primarily for the storage or sheltering of goods, wires, merchandise, like warehouses, cold storages, freight depots, transit sheds, store houses, garages, hangers, truck terminals, grain elevators, bams and stables.
(g) Hazardous Buildings
These shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or processing of any material producing explosive, mixtures or dust for which result in the division of matter into fine particles subject to spontaneous ignition,
(62) "open space" or (setback) means an area forming an integral part of the plot, left open to the sky;
(63) "Parapet" means a low wall or railing built along the edge of a roof or a floor;
(64) "Parking space" means an area enclosed or unenclosed, covered or open, of sufficient size to park vehicles, together with a driveway connecting the parking space with a street or any public area and, permitting ingress and egress of the vehicles;
(65) "Pent house" means a covered space on the roof of building used for shelter during rains. It will have at least one side open;
(66) "Plantation" means plantation of plants and trees;
(67) "Plinth" means the portion of a structure between the surface of the surrounding ground and of the surface floor, immediately above the ground;
(68) "Plinth Area" means the built up covered area measured at the floor level of the basement or of any floor;
(69) "Porch" means a covered surface supported on pillar or otherwise for the purpose of pedestrian or vehicular approach to a building;
(70) "Public utility Service" means drainage, sewerage, electricity, water supply, garbage removal, solid waste disposal, sanitation, fire services, roads and any other support or infrastructure and the like for which a building has to depend on public bodies, authorities or agencies;
(71) "Registered architect" means a qualified architect registered by the Council of Architecture who under the Architect Act, 1972, who has paid the renewal fee of registration for the current year, and who has not been debarred by the Authority;
(72) "Road" means any access namely: highways, streets, lane, pathway, alley, stair way, place or bridge, whether a through fare or not, over which the public have right of passage or access or have passed and had access uninterruptedly for a specified period, and includes all bunds, channels, ditches, storm water drains, culverts, side tracks, traffic islands, road side trees and hedges, retaining walls, fences barriers and railing within the road line;
(73) "row housing" means a row of houses with only front, rear and interior open spaces;
(74) "Rule" means the Orissa Development Authorities Rules, 1983;
(75) "Schedule" means a schedule appended to these regulations;
(76) "Section" means section of the Act;
(77) "Semi-detached building" means a building detached on three sides (front, rear and side) with open spaces as specified under regulations 30 to 33;
(78) "Setback line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the plot boundaries and shall not apply to slums taken up under an approved programme of the Government subject to the specific sanction of the State Government, and subject to the conditions that there will not be more than 25 plots in one cluster, and the area of each plot in the cluster shall not exceed 250 square feet;
(79) "Stair cover" means a structure with a covering roof over a staircase and its landing, built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;
(80) "Storey" means the space between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it, but shall not include a mezzanine floor;
(81) "Supervisor" means a person having
(a) Diploma in Architectural Assistantship or Intermediate in Architecture, or
(b) Diploma in Civil Engineering or
(c) Trade certificate in Civil draughtsmanship from I.T.I.
(82) "Technical personnel/Group/Engineer" means a person or a group of persons having qualifications, experiences and competency as provided in Schedule-!.
(83) "tenements" means room or rooms in the occupation of, or meant for the occupation of one tenement;
(84) "to about" means to about on a road so that any portion.of the building is on the road boundary;
(85) "unsafe building" means the buildings which are structurally unsafe, or in-sanitary, or do not provide adequate means of egress, or which constitute fire hazard, or are otherwise dangerous to life or property, or which in relation to existing use constitute a hazard to safety/health/public welfare, by reason of inadequate maintenance, dilapidation or abandonment.
(86) "water closet" means a privy with arrangement for flushing the pan with water but does not include a bath room;
(87) "Zoning Regulations" means any Regulations or plans governing the land use in any development plan or forming part of a development plan in operation;
(88) Words and expressions used in these Regulations, but not defined, shall have the same meaning as respectively assigned to them in the Orissa Development Authorities Act, 1982, the Orissa Development Authorities Rules, 1983 and National Building Code of India amended from time to time.
### 3. Application.
- Subject to the provisions of the Act, these Regulations shall apply:
(a) to the planning, design and construction of the building in case of erection of a building;
(b) to all parts of the building whether removed or not, and in case of removal of whole or any part of a building;
(c) to remaining part of the building after demolition and work involved in the demolition in case of demolition of whole or any part of a building;
(d) to the whole building whether existing or new building (except only to that part of the building, which is consistent with these Regulations) in case of alteration of a building;
(e) to all parts of the building affected by the change in case of change of occupancy of a building; and
(f) to use of any land or building where sub-division of land is undertaken or use of any land or building is changed.
### 4. Limitations.
- Except as otherwise provided in the Act, the rules and the development plan, nothing in these Regulations shall require the removal, alteration, abandonment, or prevention of the continuous use or occupancy of an existing approved building, unless in the opinion of the Authority, such building constitutes a hazard to the safety of the occupants of the building itself or to the adjacent property.
### 5. Deemed permission.
(1) The construction of any building, in respect of which permission has been issued before the coming into force of these Regulations, shall, so far as it is not inconsistent with the provisions of these Regulations regarding provision of public utility services, and construction in heritage zone, continue to be validly made and the said permission shall be deemed to have been issued under the corresponding provisions of these Regulations.
(2) Where any building has been constructed without an approved plan or with deviation of an approved plan, the provisions of these Regulations shall be insisted upon.
### 6. Application for Building Plan.
- Any person who intends to erect, re-erect or make alterations or additions in any building or demolish any building, shall apply to the Authority in Form-I. Basing on this form, the authority may prescribe separate formats for different category of buildings and group housing.
Such application shall be accompanied by the following documents.
(a) Four copies of plans, duly signed by the persons who have prepared them, the builder and the applicant, showing,-
(i) Site plan
(ii) Layout plan with road(s);
(iii) Plan of all floors;
(iv) Four side elevations;
(v) Sections;
(vi) Area statement; and
(vii) Plan for sewerage/drainage disposal.
(b) Evidence, like record of rights (ROR) or a civil Court decree that the applicant has prima facie right title and possession over the land on which the building is proposed to be constructed. In case of the building proposed to be constructed on land classified as agricultural in the ROR permission from the Revenue Authority for conversion to non agricultural purposes as provided under Section 8A of Orissa Land Reforms Act, 1993.
(c) In case the applicant is a trust, group of persons, partnership, or a company, a registered agreement between the holder of the right, title and interest and the applicant, valid under the Transfer of Properties Act, 1982 and Copies of the Agreement/Article of Association/Memorandum/By law.
(d) Evidence in support of deposit of cost of public utility services.
(e) No objection Certificate from the Orissa State Housing Board, for the additional constructions, in case the house is delivered by the said Board.
(f) Additional charges payable by bank draft or account payee cheque (subject to realisation) proportionate to the floor area, and to be decided and notified by the Authority in advance.
(g) A refundable fee for the likely cost of public nuisance payable to the urban local bodies under Section 345 of the Orissa Municipal Act, 1950, in case debris or construction materials are stacked in public places leading to public nuisance, to be decided by the Committee constituted under Regulation 7(3), proportionate to floor area.
Explanation - if no fees are decided under paragraphs (f) and (g), no fee will be payable.
### 7. Public utility service.
(1) Where in a particular area, a number of plans for erection of buildings are coming up, and the authorities in charge of public utility services cannot apportion the costs of such services from each building, the Vice-Chairman of the Authority may, in consultation with the competent authority in charge of that public utility service, make a total estimate for any public utility. The Vice-Chairman of the Authority may either take up such work or make arrangement for depositing the cost in respect of each such building with the authority in charge of the public utility service. This amount shall be kept in one or more separate joint accounts of Authority and the implementing agency of the public utility services, or in such manner as the Committee constituted under sub-clause [3] decides.
(2) The pro-rata cost of any particular building shall be,-
| |
| --- |
|
Total infrastructure development Cost x| Floor area of the buildingAnticipated total floor area of the area in the next five years.
|
(3) The pro-rata cost of, and the agencies to execute, public utility services shall be decided, from time to time, by a Committee consisting of the following members:
| | | | |
| --- | --- | --- | --- |
|
(4) (1)
|
Secretary, Housing and Urban Development Department, or his
nominee
|
-
|
Chairman
|
|
(2) |
Chief Engineer, Public Health
|
-
|
Member
|
|
(3) |
Chief Engineer, Public Works Department (Roads) |
-
|
Member
|
|
(4) |
Executive Officers of Urban Local Bodies in the Development
Area
|
-
|
Members
|
|
(5) |
Managing Director CESCO
|
-
|
Member
|
|
(6) |
Member Secretary, Orissa Water Supply and Sewerage Board
|
-
|
Member
|
|
(7) |
Director, Town Planning
|
-
|
Member
|
|
(8) |
Vice Chairman of the Authority
|
-
|
Member convenor
|
(5) The Committee may fix separate costs for separate areas and localities. In areas, were public utilities are not likely to be made available within a reasonable time, the committee may decide not to charge any fees at all. The decision of the Committee as to what is reasonable time will be final.
### 8. Plans.
(1) All the plans shall be prepared and duly signed by a technical personnel (Viz-Architect, Engineer, Structural Engineer, Town Planner, Supervisor, Group, Agency) and Builder who shall indicate his name, address, registration or licence number on the body of the plan and in all other relevant documents. The plans shall also be signed by the concerned owner of the land.
(2) The technical personnel and builder as specified in sub-clause (1) above shall have to be registered with the Authority. Their qualifications and competence shall be as per Schedule-1.
(3) When it comes to the notice of the Planning Member, Engineering Member, any Member of the Authority, or any other person that a plan signed by technical personnel or builder referred to under Sub-clause (1), is in violation of the norms of this regulation he shall bring this to the notice of the Authority.
(4) The Vice Chairman of the Authority shall issue a notice asking for a show cause within fifteen days as to why such technical personnel or builder shall not be disqualified/black listed. After receipt of the show cause, if any, the Vice Chairman shall place the matter before the Authority for a decision on such disqualification/black listing. The decision of the Authority on disqualification/black listing shall be published under Regulation 12.
(5) An appeal against an order under Sub-clause (4) above shall lie under Section 103 of the Act.
### 9. Permission.
(1) No permission shall be required for the following works relating to maintenance, repair, improvement or alteration of any building, provided such works do not otherwise violate any provision of these Regulations-
(a) plastering and patch repairs, re-roofing, flooring and re-flOoring, internal partition, white washing;
(b) opening and closing windows, ventilators and doors not opening towards others property, replacing fallen bricks, stones, pillars, beams, etc;
(c) construction or reconstruction of sun-shades/parapets/boundary walls, provided such construction does not exceed the maximum permissible covered area.
(d) reconstruction of portions of buildings damaged by storm, rains fire, earthquake or any other natural calamity to the same extent and specification as existed prior to the damage.
(2) All clarifications with respect to deficiency in the plan, documents will be sought for from the applicant at a time as far practicable.
### 10. Decision of Authority.
(1) The Authority shall communicate its decision on the plan including refusing permission within two months from the date of receipt of the application by the Authority, the applicant shall draw the attention of the Vice-Chairman of the Authority with regard to his application, by registered post in Form-III.
(3) If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub regulation (2) above, the Authority does not communicate its decision, either granting or refusing permission, such permission shall be deemed to have been granted to the applicant on the date of immediately following the date of expiry of three months period.
(4) A residential building may be constructed by the owner of the land of an approved layout without prior approval of the plan by the Authority if the following conditions are satisfied:
(a) the plot size is not more than 120 square metres, of the approved layout.
(b) The coverage is not more than 60 percent.
(c) The height is not more than 6 metres.
(d) The plan has been approved by a Registered Town Planner, Architect/ Group/Engineer as defined under clause 2 above, and;
(e) An application in plain paper is submitted to the Authority, by Registered with a copy of the plan, and the Record of Rights, 60 days prior to commencement of construction;
(f) All other conditions of the Regulation;
Note - (a) If the planning Member does not raise any objection within sixty days, permission shall be deemed to have been granted u/s 15 of the act.
(b) The owner shall have to submit completion certificate as required under Section 20 of the Act and as referred to in regulation 18 & 67.
(c) The owner and the builder shall remain responsible for any violation of the norms prescribed under the Regulation. Nothing in this provision will enable the owner and the builder to violate any of the other provisions of the Regulation.
(d) Detail guidelines in this regard shall be framed by the Authority from time to time.
### 11. Speaking order.
- The decisions of the Authority under Regulation 10 shall state the facts and grounds clearly along with the reasons for taking such decision.
### 12. Publication of the decision of the Authority.
(1) On the 7th day of every month the Authority shall publish a public notice containing the cases of permission/objection/rejection relating to the previous month by affixing a copy there of on the notice board of the Authority.
(2) A copy of public notice as referred to in Sub-Regulation (1) shall be placed by the Vice Chairman of the Authority in its website, bda.bbsr.com.
(3) This will be in addition to the notice to the applicant.
### 13. Maintenance of Register u/s 16 (12) of the Act.
- A register in Form-IV containing the necessary particulars including information as to the manner in which applications for permission have been dealt with by the Authority shall be maintained, which shall be verified by the Vice Chairman of the Authority every month by the 15th of the succeeding month.
### 14. Notice to start work.
- The applicant (hereinafter referred to also "as the owner") under Regulation 6 shall give notice to the Authority of his intention to start work after receipt of permission under Regulation 10 in Form-V.
### 15. Deviation during construction.
(1) Any alteration which exceeds the approved floor area, FAR, covered area, height, or reduces the approved parking space and the public utility services which amounts to deviation, and shall not be permissible.
(2) Minor alterations like shifting and enlarging of doors and windows, non-structural pillars and partition walls, which do not affect structural stability, or which do not conflict with these Regulation, may be undertaken by the owner and shall be reported to the Authority from time to time. Such alterations shall be clearly stated in the completion certificate. The decisions, if any, of the Authority, regarding the alterations so made shall be final.
(3) Subject to the provisions of Sub-Regulation (2), any deviation from the approved plan of construction shall not be permitted.
### 16. Construction not according to plan.
(1) if the Authority finds at any stage that the construction is not being carried on according to the sanctioned plan or is in violation of any of the provisions of these Regulations,, it shall notify the owner and no further construction shall be allowed until necessary corrections in the plan are made and the corrected plan is approved.
(2) If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the building permission issued and shall cause notice of such cancellation to be pasted upon the said construction. If the owner is not traceable at his addressed given in the notice, pasting of such notice shall be considered as sufficient notification of cancellation to the owner thereof. No further work shall be undertaken or permitted upon such construction until a valid building permission is issued thereafter.
(3) The notification under Sub-Regulation (2) shall also be published in the public notice in the manner as referred to in Regulation 12.
### 17. Information at the site of construction.
- The owner shall, during construction, affix the following in a conspicuous place on or near the construction site; in respect of which the permission was issued namely :
(a) a copy of the building permission; and
(b) a copy of the approved plans with all specifications.
### 18. Completion of construction.
(1) Every person erecting or re-erecting a building shall, within one month after completion of such building, give a notice in writing to the Authority, which shall be published in the public notice in the manner referred to in Regulation 12.
(2) The Vice Chairman of the Authority may, if he so, desires, inspect the work within one month of receipt of the notice under Sub-regulation (1), through the Engineering Member or the Planning Member, or both, or their authorised representative.
### 19. Certificate for occupancy.
(1) The Planning Member with the approval of the Vice Chairman shall issue a certificate of fitness for occupancy, for part of a building during its construction or whole of the building after construction.
(2) Such certificate shall be issued only after all utility services for the entire building are physically provided and the authorities in charge of public utility services are paid for the said services. The Vice Chairman shall ensure that such cost has been properly paid.
(3) Where despite payment of fees for the public utilities, the same is not provided, the deposit will be refunded to the applicant with interest. The rate of interest will be decided by the Committee constituted under Regulation 7. Pending a decision of the Committee on the interest rate, the original deposit will be refunded. In such cases, occupancy certificate will be issued, with the approval of the Vice Chairman subject to the condition that alternative arrangements for public utilities are made.
(4) An appeal against the decision of the Vice Chairman shall lie under Section 18/103 of the Act.
### 20. Inspections.
- The Vice Chairman, and his authorised representatives shall be competent to inspect the building works at all reasonable hours during construction hours to satisfy themselves that such construction is consistent with the provisions of these Regulations and the approved plans.
### 21. Hazardous Building.
(1) if the Vice Chairman, after causing an inspection by himself, or his representative, is of the opinion that it is necessary to do so, may declare any building existing, completed, or under construction, hazardous.
(2) Before such declaration, a show cause notice shall be issued giving 15 days' time to the last known owner(s) or occupant(s) of the building. A copy of the notice shall also be published through affixture at the site. Either of the notices shall be deemed to be adequate. The notice shall also be published under Regulation 12. The show-cause, if any, received, shall be considered before passing an order under sub-clause (1) above.
(3) Where action lies under Section 91 of the Act, action shall be initiated forthwith.
(4) After such declaration under Sub-Regulation (1), the Vice Chairman of the Authority shall inform the matter, to the Sub-Divisional Magistrate having jurisdiction under Section 133 or 144 of the Code of Criminal Procedure, to take appropriate action.
(5) These facts shall be notified under Regulation 12.
### 22. Art Commission.
(1) Where the building plan accompanying the application seeking permission, require the clearance by the Art Commission, Orissa, constituted under Section 88, the Authority shall grant the permission only after the clearance is given by the said Commission. In all other cases. Architectural Control shall be regulated according to the provisions of these Regulations.
(2) The Authority, on the recommendation of the Art Commission, may issue public notices, from time to time, prescribing the architectural norms in different zones, in the manner prescribed in Regulation 12.
### 23. Construction near protected monuments.
(1) No construction or re-construction of any building, within a radius of 100 meters, or such other higher distance from any archaeological site, as may be decided by the Archaeological Survey of India and Orissa State Archaeological from time to time, from the outer boundary of a declared protected monument shall be permitted.
(2) No construction above 1st floor and above 7 (seven) metres shall be allowed beyond a radius of 100 metres and within a radius of 300 metres of such monuments.
(3) The construction or reconstruction of any building under Sub-Regulation (2) shall not be above 7 (Seven) metres of total height.
(4) If a building or premises, not covered under The Ancient Monument Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in the opinion of the Vice Chairman, is of historical or architectural interest, and is in danger of being demolished or altered or likely to be affected in its character by a development, the Authority shall not grant any permission for construction over any land situated near the said building or premises. He shall refer the plan to the Art Commission, whose decision shall be final for the Authority.
(5) These provisions shall apply mutatis mutandis in respect of archaeological sites notified by the Art Commission.
(6) An appeal against the decision under Sub-clause (4) shall lie under Section 18 of the Act.
### 24. Responsibility under the Regulations.
(1) Approval of plans and acceptance of any statement or document pertaining to such plan shall not exempt the owner or person or persons under whose supervision the building is-constructed from their responsibilities imposed under these Regulations, or under any other law for the time being in force.
(2) Approval of the plan would mean granting of permission to construct under these Regulations only and shall not mean among other things:
(i) the title over the land or building;
(ii) easement rights;
(iii) variation in area from recorded area of a plot or a building;
(iv) structural stability, and
(v) workmanship and soundness of materials used in the construction of the buildings.
(3) The approval or permission shall not bind or render the Authority liable in any way with regard to the matter specified in clause (i) to (v).
### 25. Deposit of Cost of public utilities service.
- The cost of public utility services shall be deposited before obtaining permission.
Part-II General Building Requirements
### 26. Restriction on permission.
- Without prejudice to any other stipulation in these Regulations, no permission to construct a building on a site shall be granted.
(i) in areas of natural waterways or drains, as detailed in the Development Plan, and the drainage plan prepared by WAPCOS, as modified from time to time.
(ii) if the orientation of such building is not in harmony with the surroundings, as may be decided by the Art Commissioner;
(iii) if the use to which the site is proposed to be put does not conform to the use earmarked in the Development Plan;
(iv) if the building is to be constructed over or under a municipal drain, sewerage line, electrical line, water main, any other government or public land, or public utility services;
(v) if the foundation of the external wall along a street is located at a distance less than 0.5 metres from the edge of the street or road margin including the drain;
### 27. Distance from Electric lines.
- No verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alterations shall be made to a building in a site within the distance specified below determined in accordance with the Indian Electricity Rules, 1956 between the building and any overhead electric supply line;
Minimum Distance From the Electric Line
Table-1
| | | |
| --- | --- | --- |
|
|
Vertical distance in meters.
|
Horizontal distance in meters.
|
|
Low and medium voltage lines and service lines
|
2.5
|
1.2
|
|
High voltage lines up to and including 33,000 Volt
|
3.7
|
2.0
|
|
Extra High voltage lines beyond 33,000 Volt
|
3.7
|
2.0
|
|
|
(Plus 0.3 meters for every additional 33,000 volt
or part thereof)
|
(Plus 0.3 meters for every additional 33,000 volt
or part thereof)
|
### 28. Plantation and Roads.
(1) In every building area, at least 10% of the land shall be utilised for plantation, but in case of multi-storeyed buildings, at least 20% of the land shall be used for plantation. The plantation shall be completed by the time, the construction of the building is completed.
(2) Every building shall have a public road of at least 6 metres width.
(3) In case of a private road which gives access to one or more buildings, the owner of the said private road shall by way of gift transfer the same to the Local Authority for its maintenance.
### 29. Minimum Plot area for multi-storey building.
- The minimum area of a site for construction of a multi-storeyed building shall not be less than 1000 square metres. The height of a multi-storeyed building shall be maintained according to the area of the site given in the table below:
Minimum Plot Area Requirement for Multi-Storeyed Building
Table-2
| | |
| --- | --- |
|
Height of the building in metres
|
Minimum area in square metres
|
|
15 to 21
|
1000
|
|
21 to 27
|
2000
|
|
above 27
|
3000
|
### 30. Residential building.
(1) The Setbacks to be left in rear, left and right side around detached residential buildings up to two storeys shall be as per Table below.
Open Spaces (Set-Backs)
For Residential (Detached) Buildings (Upto Two Storeys)
Table-3
| | | |
| --- | --- | --- |
|
Sl. No.
|
Average depth or width of site in metres
|
Minimum Open Spaces (Setback) in metres
|
|
Rear Side
|
Left Side
|
Right Side
|
|
1.
|
Up to 10
|
1.0
|
1.0
|
1.0
|
|
2.
|
Above 10 and up to 15
|
2.0
|
1.5
|
1.5
|
|
3.
|
Above 15 and up to 25
|
2.0
|
1.5
|
2.0
|
|
4.
|
Above 25
|
2.0
|
2.0
|
3.0
|
(2) For every additional storey above two storeys, a further set-back of not less than 0.5 meter on the sides and in the rear shall be provided.
(3) The conditions of minimum setback and maximum coverage shall not be applicable for a slum housing, rehabilitation of service population or for other housing scheme for economically weaker sections approved by Government, Housing Board and Authority.
(4) The maximum Floor Area Ratio, the maximum plot coverage, maximum height of residential building and front setback with respect to the width of the street (approach road) shall be as given in Table below.
Area And Height Limitations For Residential Buildings
Table-4
| | | | | |
| --- | --- | --- | --- | --- |
|
Area of Plot in Square meters
|
Front Set Back in meters
|
Maximum Coverage
|
Maximum F.A.R.
|
Minimum Road width in meters.
|
|
100 to 200
|
2
|
60%
|
1.5
|
6
|
|
201 to 300
|
2
|
60%
|
1.5
|
9
|
|
301 to 400
|
3
|
55%
|
1.75
|
12
|
|
401 to 500
|
3
|
55%
|
1.75
|
12
|
|
501 to 750
|
4.5
|
50%
|
2.00
|
12
|
|
751 to 1000
|
4.5
|
50%
|
2.00
|
12
|
|
Above 1000
|
6.00
|
50%
|
2.00
|
12
|
(5) In addition to what has been stated in the table above, wherever the width of the road is less than 6[six] metres, the FAR shall be limited to 1.0 and the coverage shall be limited to 50% of the plot, irrespective of the size of the plot;
(6) Group housing - (a) The maximum Floor Area Ratio for Group Housing will be 2.00.
(b) The maximum permissible coverage in respect of group housing shall be 50%.
(c) In group housing with apartment/joint ownership of land the owner/ developer shall provide floor space for house owners society Office/assembly at the rate of 1 Sq. metre per household/fiat provided that the minimum area shall not be less than 12 Sq. metre.
(d) The area for community facility shall be provided as per Table-5 below :
Percentage Of Area Required For Community Facility
Table-5
| | |
| --- | --- |
|
Ultimate Population
|
Percentage of total area required for community
facility
|
|
1000
|
5
|
|
3000
|
8
|
|
10000
|
10
|
Note - Provided that where the ultimate population is less than 1000, the above percentage of space shall not be insisted upon. The ultimate population will be arrived at by considering upper storey development within permissible F.A.R. and the total number of dwelling units accommodated in the Scheme. The household size occupying a dwelling unit is to be taken as five.
(e) One staircase for every 5 dwelling units or fraction there of in a floor shall be provided.
(7) Outhouse - An outhouse with zero level rear and one side set back may be permitted on a plot having an area not less than 150 sq. metres, provided that :
(a) the coverage of the outhouse shall not exceed 32.5 sq. metre and the height shall not exceed 3.3 metre;
(b) the coverage of the outhouse and that of the main building together shall not exceed the permissible coverage for the concerned plot;
(c) the outhouse shall not cover more than one third of the width and more than one fourth of depths of the plot and shall not abut any public road';
(d) a minimum of 1,5 metre strip of land shall be kept open to the sky between the main building and the outhouse;
(e) no opening either in the form of windows or doors or ventilators shall be provided to the adjoining properties;
(f) outhouses with sloped roof would only be permitted. In no case permission for outhouses would be granted with reinforced concrete cement flat roof.
(8) Requirements for Basti Area - (i) In a Basti area, permission to erect a building may be given on the basis of the available width of means of access, provided that where the width of means of access is 4.5 metre or less, the coverage shall be limited to 50% of the plot area and the maximum height of the building limited to two storeys and the F.A.R. limited to 1.0.
(ii) For plots with narrow width (7.5 metres) zero setback may be allowed on one side with a passage of one metre on the other side.
(iii) The rear setback and front setback shall not be less than 3.0 metres and 1.5 metres respectively.
(iv) In each house on a Basti plot having one side setback, an internal Court-yard of not less than 10 sq. metres in area and not less than 2.5 metres in width shall be provided in such a way that at least one wall of each living room abuts such court-yard or a verandah opening to such courtyard.
(9) Residential density - Density of population in residential area should be guided as per the infrastructure available. The spot density for particular plot(s) proposed for multi-family dwellings shall in no case exceed 400 persons per acre.
(10) Row housing and semi- detached houses - (i) Owners of adjacent similar dimension plot abutting a road may be permitted to construct row or semi-detached buildings.
(ii) The orientation of the row or semi-detached building shall preferably be such that the prevailing south-west summer breeze can be availed by each dwelling unit.
(iii) For semi-detached buildings over two adjacent plots, the coverage, setbacks, the height and the FAR shall be regulated by treating both the plots as one and in accordance with the requirements contained in Table 3 and Table 4 given in regulation 30 of these regulations.
(iv) In case of row housing the length of a row shall not exceed 30 meters along the road on which such houses about. In case the dwelling units in a row are scattered the maximum length of the road shall be 100 metres.
(v) For row houses the ground coverage shall not be allowed to exceed 60% and the FAR more than 1.50.
(vi) The minimum size of the plot on which a unit of a row housing may be allowed shall be 30 square metres.
### 31. Commercial building.
(1) Excepts as otherwise expressly provided in these Regulations, the open spaces (setbacks) to be left around, the maximum number of floors, the maximum percentage of coverage, the Floor Area Ratio and maximum height in respect of commercial buildings shall be as given in table below:
Height, Coverage, Far For Commercial Buildings
Table-6
| | | | | |
| --- | --- | --- | --- | --- |
|
Area of the plot in Sq. mtrs.
|
Maximum % of Coverage
|
Floor area ratio
|
Minimum Road width in mtrs
|
Minimum Front open space in mtrs.
|
|
Upto 100
|
75
|
1.5
|
9
|
1.5
|
|
101 to 200
|
70
|
1.5
|
9
|
1.5
|
|
201 to 300
|
70
|
1.75
|
12
|
1.5
|
|
301 to 400
|
65
|
1.75
|
12
|
2.0
|
|
401 to 500
|
55
|
2.0
|
18
|
2.0
|
|
501 to 1000
|
50
|
2.0
|
18
|
3.0
|
|
1001 to 2001
|
50
|
2.0
|
24
|
4.0
|
|
2001 & above
|
50
|
2.0
|
30
|
5.0 and above
|
(2) The left side, the right side and the rear open spaces (setbacks) in respect of commercial plots specified in Table-under clause 31 (1) shall not be less than that indicated in Table below:
Side and Rear Open Spaces (Setbacks) for Commercial Buildings
Table-7
| | | | |
| --- | --- | --- | --- |
|
Area of Plot in square meters
|
Minimum Right side open space in meters
|
Minimum Left side open space in meters
|
Minimum rear side open space in meters
|
|
Upto 100
|
Nil
|
Nil
|
Nil
|
|
101 to 200
|
1.0
|
1.0
|
1.5
|
|
201 to 500
|
2.0
|
2.0
|
2.5
|
|
501 to 1000
|
2.0
|
2.0
|
3.0
|
|
Above 1000
|
3.0
|
3.0
|
3.5
|
(3) For every additional floor above two floors, the side and rear setbacks shall be increased by at least 0.5 metre.
(4) Shop-cum-Residential Building - Where plots are allotted in a road for shop-cum-residential purpose the Authority may allow construction of shop-cum-residential building without any side set backs up to a depth of 10 metres from the front exterior wall. Provided that no part of the building up to said depth is used for residential purpose on the ground floor. No building exceeding 11 metres in height shall be allowed to be constructed as a shop-cum-residential plot, unless so permitted under the zonal Development Plan, provided that the shop-cum-residence shall have 2/3rd of the total floor area used for shops. The FAR and other parameters shall conform to that specified for commercial buildings under clause (1) to (3) above.
### 32. FAR restriction for lesser road width.
- Where sites for residential and commercial buildings do not face or abut a road of the required width as specified in Regulation 30 (4) and 31(1), the front setback and the coverage of the building shall be regulated according to the size of the plot, but height and Floor Area Ratio shall be regulated according to width of the road along which the concerned site is located. The coverage shall be reduced to provide for roads of lower width.
### 33. Institutional building.
(1) For buildings of less than 15 metres height to be used for institutional, religious, educational and assembly purpose, the open space, coverage and F.A.R. requirements shall be as per the provisions of Table below :
Open Space Requirement For Institutional Buildings (Including Religious Educational And Assembly) Upto 15 Metres Of Height
Table-8
| | | | |
| --- | --- | --- | --- |
|
Area of the plot in square metres
|
Minimum Open space requirement
|
FAR
|
Maximum Coverage
|
|
Front
|
Side
|
Rear
|
|
Up to 500
|
6 M
|
3 M
|
3 M
|
1.50
|
40%
|
|
500-1000
|
9 M
|
3 M
|
3 M
|
1.50
|
35%
|
|
Above 1000
|
12 M
|
3 M
|
3 M
|
1.75
|
30%
|
(2) All Institutional, Assembly, Commercial and Industrial Buildings shall contain at least two doors for entry and exit and shall provide adequate toilet facility separately for men, women and handicapped persons in each floor which shall be linked to main sewerage/drainage systems of the town wherever possible and shall be maintained clearly and properly by the builders/ tenants/occupants of the building, as the case may be.
### 34. Cinema and Theatre building.
(1) The relevant provisions of the Orissa Cinemas (Regulation) Rules, 1954 shall apply for planning, designing and construction of Cinema and Theatre buildings and plan and design shall be made as per Table below-
Open Space Requirement For Cinema/theatre Buildings
Table-9
| | | | |
| --- | --- | --- | --- |
|
Minimum Area of plot in square metres
|
Minimum Open Space requirement [metres]
|
FAR
|
Maximum Coverage
|
|
Front
|
Rear
|
Sides
|
|
2000
|
9
|
6
|
5
|
1.0
|
35%
|
|
3000
|
12
|
6
|
5
|
1.5
|
35%
|
(2) No permission for construction of a building to be used as a cinema hall, theatre or auditoria for cultural show shall be granted unless the construction of such buildings conform to the provisions of tho Orissa Cinema (Regulations) Act, 1954 and the Orissa Cinematography Rules, 1939 or any other law in force in the State.
(3) No permission to construct a cinema hall on a site shall be given unless such site has been approved by the Authority for construction of a cinema hail thereon.
(4) The open spaces (set-backs) to be left around a cinema building number of floors, coverage, FAR in respect of cinema hall, theatres or auditoria for cultural show shall be as per the Table given under clause (1) above,
(5) Buildings referred to in sub-clause (3) shall be permitted only on plots which abuts a street with a minimum right of way of 30 metres and where the width of the right of way is less than 30 metres if permissible under a zonal plan or a development scheme or a town planning scheme,
(6) Excepting provision for restaurant and incidental facilities no other use shall be permitted in a cinema building.
(7) All cinema, theatre or auditoria buildings shall conform to IS: 4898-1968 and acoustics design of such buildings shall adhere to the requirements of IS;2526-1 963.
(8) Exists and fire safety requirements shall be in accordance with Part IV (Fire Protection) of National Building Code of India, 1979;
### 35. Industrial buildings.
(1) The open space, F.A.R. and coverage for industrial buildings shall be as in Table below :
Open Space (Setbacks) And The F.A.R. For Industrial Buildings
Table-10
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Plot size in sq.m
|
Front setback in meters
|
Rear setback in meters
|
Site setback in meters
|
FAR
|
Maximum coverage
|
|
Up to 500
|
4.0
|
3.0
|
3.0
|
0.6
|
50%
|
|
+ 500 to 1000
|
6.0
|
4.5
|
4.5
|
0.6
|
50%
|
|
+ 1000 to 5000
|
9.0
|
5.0
|
5.0
|
0.6
|
45%
|
|
+ 5000 to 30000
|
9.0
|
9.0
|
6.0
|
0.5
|
40%
|
|
Above 30,000
|
15.0
|
15.0
|
1.0
|
0.4
|
40%
|
(2) Vacant space shall be maintained with the following distances for all time for storage shed used for the storage of liquefied petroleum gas' cylinder between any building, public space, public road or any adjoining property which may be built upon and the said storage shed.
Minimum Distances Required For Storage Shed of Liquified Petroleum Gas Cylinders
Table-11
| | |
| --- | --- |
|
Quantity of Compressed Gas in cylinders (Kg.)
|
Minimum distance to be kept clear (meters) |
|
0-100
|
1
|
|
101-1000
|
3
|
|
1001-4000
|
5
|
|
4001-8000
|
7
|
|
8001-12000
|
9
|
|
12001-30,000
|
12
|
|
Over 30,300
|
15
|
(3) Notwithstanding anything contained in the conditions specified above, cylinders containing liquified petroleum gas exceeding 100 Kilograms but not exceeding 300 Kilograms may be kept in a storage shed forming part of, or attached to building, if it is separated there from by a substantial partition and the only means of access to it is from outside air. Such a storage shed shall not be situated under any stair-case or near other entrances to or exits from the rest of the building or other buildings.
(4) A shed used for storage of liquified petroleum gas cylinders shall be surrounded by a suitable fence to prevent unauthorised persons from having access to the shed.
### 36. Interior open space.
(1) At least one side of all the rooms intended tor human habitation, if such room does not abut on the front or the rear or the side setbacks, shall abut on an interior open space whose minimum dimension shall be 3 metres X 3 metres in cases of buildings up to a height of 12 metres. In cases where the height of the building is more than 12 metres, the width of the interior open space shall be increased at the rate of one metre for every additional 3 (three) meters height. This provision shall be applicable to all categories of buildings, namely, residential, group housing, commercial, public, semi-public and Industrial.
(2) In case any interior open space is intended to be used for the benefit of more than one building belonging to the same owner, the width of such open space shall be the one specified for the tallest building abutting on such open space provided that such open space shall not be less than three metres.
(3) In case of group housing, if the interior open space is used for providing access to the building blocks the same shall not be less than six metres in width.
### 37. Height of a building.
(1) The height of the building shall be governed by the limitations of Floor Area Ratio, open space (setbacks), and the width of the street facing the plot described as detailed below :
(a) The maximum height of a building shall in no case exceed 1.5 X the width of the road to which the plot abuts + the front setback.
(b) If a building abuts on two or more streets of different widths, the building shall be deemed to face upon the street that has the greater width and the height of the building shall be regulated by the width of the street.
(2) Notwithstanding any thing contained in Sub-Regulation (1) & (2) the height restrictions with respect to approach Funnels and Transitional area of Airport as detailed in Table-12 & 13 shall be adhered to.
Height Restrictions With Respect To Approach Funnels
Table-12
| | |
| --- | --- |
|
Distance from nearest runway end (in meters)
|
Maximum permissible height above the elevation
of the nearest runway end (in meters)
|
|
Upto 360
|
0
|
|
361 to 510
|
6
|
|
511 to 660
|
9
|
|
661 to 810
|
12
|
|
811 to 960
|
15
|
|
961 to 1110
|
18
|
|
1111 to 1260
|
21
|
|
1261 to 1410
|
24
|
|
1411 to 1560
|
27
|
|
More than 1560
|
30
|
Height Restriction With Respect To Transitional Area
Table-13
| | |
| --- | --- |
|
Distance of the inner boundary of the
transitional area (outer boundary of the Air Port) [Meters]
|
Maximum permissible height above the elevation
of the Air Port reference point(meters) |
|
Up to 21
|
0
|
|
22 to 42
|
3
|
|
43 to 63
|
6
|
|
64 to 84
|
9
|
|
85 to 105
|
12
|
|
106 to 126
|
15
|
|
127 to 147
|
18
|
|
148 to 168
|
21
|
|
169 to 189
|
24
|
|
190 to 210
|
27
|
|
More than 210 M
|
30
|
(3) Notwithstanding anything contained in the Tables under Sub-Regulation (1), no Radio Ariel, T.V. Antenna or such similar type of installations exceeding 52 metres in height shall be erected without prior permission of the concerned Civil Aviation Authority.
(4) No building structure or installation exceeding the height indicated in the said Tables shall be permitted unless the applicant produces a 'No-Objection Certificate' from the Airport Authority.
### 38. Height exemption of a building.
- Roof tanks and their supports, not exceeding 1 (one) metre in height, ventilation, air-conditioning, lift-room and similar service equipment, stair cover, not exceeding 3 (three) metres in height, chimney other than barsaties, parapet wall and architectural features including terrace, gardening, plants not exceeding 1.5 metres in height, shall not be included in the height of the building, provided the aggregate area of such structures including barsati shall not exceed one third of the area of the building upon which they are erected.
### 39. Exemption in Open space.
(1) Every open space provided either interior or exterior in respect or any building shall be kept free from any erection thereon and shall be open to the sky and no cornice, roof, or weather shade of more than 0.6 metre in width shall overhang or project over such open space.
(2) A portico of up to 2.4 metres width and 4.5 metres length with a height of 2.1 metres from the plinth level may be permitted within the side setback. A garage is permissible at the rear end of side open space provided no openings are located on the side and rear boundary. Access to the top of the portico/garage should not affect the privacy of the neighbouring plot.
(3) The portico provided as above should not rest on the boundary wall and should be open to provide through excess to the rear. In case the Portico is not a cantilevered one and supported by pillars the area shall be included in the coverage.
### 40. Building Line.
- The following building lines shall be maintained for construction of building aboutting arterial roads
Distance Of Building Lines From Arterial Roads
Table-14
| | |
| --- | --- |
|
Category of arterial roads
|
Minimum distance of the building line from R/W of
the road.
|
|
92.0 metres (300 feet)
|
7.5 metres (25 feet)
|
|
65.5 metres (200 feet)
|
6.0 metres (20 feet)
|
|
46 metres (150 feet)
|
4.5 metres (15 feet)
|
|
30.0 metres (100 feet)
|
4.5 metres (15 feet)
|
### 41. Off Street Parking Space.
(1) Each off-street parking space for one four wheeled vehicle shall not be less than 15 square metres. For scooters and cycles it shall not be less than 1.5 and 1.0 square meter respectively.
(2) One parking unit shall have parking space of at least 40 square metre.
(3) For buildings of different Category of occupancies, off-street parking space for vehicles shall be, as specified in the table below.
Off-Street Parking Space for Different Category of Occupancies
Table-15
| | | |
| --- | --- | --- |
|
Sl.No.
|
Type of use
|
One parking unit shall be provided for every
|
|
(1) |
(2) |
(3) |
|
1.
|
Theatres, Auditoriums, Cinemas
|
40 seats or fraction thereof
|
|
2.
|
Retail, General Business and Commercial
|
140 square metres of floor space or proportion thereof
|
|
3.
|
Office buildings
|
140 square metres of office floor space or proportion thereof
|
|
4.
|
Restaurant
|
40 seats or proportion thereof (Nil for first 20 seat)
|
|
5.
|
Hotels
|
6 Guest-rooms or proportion thereof
|
|
6.
|
Industrial buildings
|
140 square mtres of office floor space or proportion thereof
|
|
7.
|
Whole-sale and Warehousing building
|
500 square metres and thereafter for every 200 square mtres
|
|
8.
|
Multi-family dwelling
|
4 dwelling units
|
|
9.
|
Educational
|
140 square metres of floor space or proportion there of
|
|
10.
|
Medical
|
140 square metres of floor space or proportion there of
|
(4) Notwithstanding anything contained in sub-regulation (2) of this regulation, for shop plots up to 100 square metres, provision of parking space shall not be less than 20 square metres.
(5) Off-street parking spaces shall be provided with adequate vehicular access to a street and the area of drives, aisles and such other provisions required for adequate manoeuvring of vehicles and shall be in addition to the parking space stipulated in these Regulations.
(6) If the total off-street parking space required under these Regulations is provided by a group of property owners at a place for their mutual benefit, such parking spaces may be constructed as meeting the off-street parking requirement, however, subject to the approval of the Authority. In such cases, the cost of public utility services shall be deposited with the appropriate Authority by the said property owners.
(7) In addition to the off-street parking spaces required to be provided for building to be used for commercial, industrial or storage purposes, additional parking space at the rate of one such space for each 1000 square metres of floor area or fraction thereof exceeding the first 200 square metres of floor area, shall be provided for loading and unloading activities.
(8) Garage with locking facilities shall be included in the calculation of floor space for determining the requirement of parking space, unless this is provided in the basement of a building or under a building constructed on stilts with no external walls. The parking spaces to be provided shall be in addition to the open spaces (setback) required around a building under these Regulations. However, one row of car parking may be provided in the front open space and one row of scooter or motor cycle parking may be provided in any one of the side open space without reducing the clear vehicular access way to less than 6.0 metres.
(9) The basement and ground [stilt] floor of multi-storied buildings shall be used exclusively for parking, and related activities like security of parking space and maintenance.
(10) Violation of any of the conditions relating to parking space under this regulation shall not be compounded or relaxed by the Authority
### 42. Drainage and Sewerage.
(1) It shall be the responsibility of the builder or the owner of the building to ensure that the plinth is high enough to prevent drainage/sewerage water entering into the lowest floor at the highest recorded level of rainfall.
(2) No permission shall be granted for construction over the eleven drains identified by WAPCOS and incorporated in Comprehensive Development Plan.
(3) No permission shall be granted for construction over an existing tank after refilling, or a tank refilled within a period of one year prior to the date of notification of those regulations.
(4) Where any construction is taken up over any drain, or waterway, the Vice Chairman can, apart from taking action for removal of the constructions, take action for recovery of the cost of restoration of adequate drainage. The rates for this will be decided by the Committee constituted under sub-regulation (3) of Regulation 7.
### 43. Basement.
(1) Basement shall not be permitted in low lying area and areas without adequate drainage facilities to ensure drainage from the basement.
(2) Construction of a basement may be allowed by the Authority in accordance with the provisions contained in the development plan applicable to the concerned area.
(3) Basement shall not be used for residence, institution and industries, However, it may be used for parking and other uses as specified below
(i) Storage of house-hold or other non-flammable materials;
(ii) Dark room.
(iii) Strong room, bank cellers etc;
(iv) Installation of air-conditioning equipments and other machines used for service and utilities of building;
(v) Parking places and garages;
(vi) Stock room for library;
(vii) Offices or commercial purposes provided it is air-conditioned;
(4) In case, the basement is used for purposes other than parking, the total area of such floor shall be included for calculating floor area ratio subject to condition that such construction does not result in interference in the public utility system.
(5) The basement shall be permitted to be constructed within the prescribed set back and maximum coverage applicable to the building.
(6) The basement shall fulfil the following requirements :-
(i) Every basement shall be in every part at least 2,4 metres in height from the floor to the underside of the roof slab or ceiling.
(ii) Adequate ventilation shall be provided for the basement. The standard of ventilation shall be the same as required by the particular occupancy according to regulations. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans (one exhaust fan for 50 sq. metres of basement area), air conditioning system etc;
(iii) The minimum height of the ceiling of any basement shall be 0.9 metre and maximum 1.2 metres above the average surrounding ground level;
(iv) Adequate arrangement shall be made to that surface drainage "does not enter the basement.
(v) The walls and floors of the basement shall be water-tight and be so designed that the effect of the surrounding soil and moisture, if any are taken into account in design and adequate damp proofing treatment is given;
(vi) The access to the basement shall be separated from the main and alternate staircase providing access and exit from higher floors. Where the stair-case serving as a fire separation from the basement floor and higher floors.
(vii) In the case of basement of office and commercial occupancies, sufficient number exit ways and access ways shall be provided with a travel distance not more than 15 metres;
(viii) The basement shall not be partitioned. In case the partitions in the basements are allowed by the Authority, no compartment shall be less than 45 square metres in area and each compartment shall have ventilation standards as laid down in sub-clause (ii) separately and independently. The partitions shall, however, conform to the norms laid down by the Chief Fire Officer, Orissa.
(ix) Kitchen, bath-room and toilet shall not be permitted in the basement;
(x) The ramp providing access to basement to be used for parking shall have a gradient not steeper than 1:10 and this shall not disturb the minimum set-back area of the building.
### 44. Provision of Lift.
- Lift shall be provided for buildings above 10 metres height in case of apartments, Commercial, institution land office buildings.
### 45. Mezzanine.
- Mezzanine floor may be permitted above any floor in all types of buildings up to an extent of one-third of the actual covered area of that floor. All Mezzanine floors shall be counted toward FAR calculation, except the mezzanine floor over the ground floor.
### 46. Heritage Zone.
(1) (a)
In 18 revenue villages as referred to in Regulation-50 which includes the Heritage Zone identified in the Comprehensive Development Plan area of Bhubaneswar, all multi-storeyed buildings are prohibited and maximum building height is limited to 10.0 metres with a maximum Floor Area Ratio of 1.5.
(b) The Authority may notify the Heritage Zone in consultation with the Archaeological Survey of India, State Department of Archaeology, Bhubaneswar Municipal Corporation and in Art Commission.
(2) In areas covered under the Heritage Zone the architectural features, facades, materials of walls, and of buildings shall be subject to the provision of Regulation 22.
(3) In case of sandstone structure with Kalinga style roofs, all fees other than the charges for public utility services shall be charged at half the rate. The Art Commission alone will be competent to decide what constitutes Kalinga style architecture and to decide whether a building conforms to such architecture
### 47. Barrier free access for the disabled.
- Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.
### 48. Precedent.
- The Authority may take into consideration the information of an applicant for a building relating to cases of relaxations granted by the Authority in the same area, zone or in similar cases while deciding the cases under Regulation 10.
### 49. Quality of work.
- The Vice Chairman of the Authority shall ensure, through inspections, that the quality of work is proper and the availability of public utilities is adequate, during and after construction.
Part-III Multi-Storeyed Buildings : Additional Requirements
### 50. Restriction on construction of Multi-storeyed building.
(1) Construction of multi-storeyed building shall not be permitted in the following villages of the Bhubaneswar Development Area, namely :
| | | | |
| --- | --- | --- | --- |
|
1
|
Dhauli
|
10
|
Jagamara (Unit-20)
|
|
2
|
Kausalyaganga
|
11
|
Basuaghai
|
|
3
|
Mahabhoisasan
|
12
|
Kapilaprasad (Unit-23)
|
|
4
|
Sisupalgarh
|
13
|
Kapileswar (Unit-25)
|
|
5
|
Lingipur
|
14
|
Bhubaneswar (Unit-27)
|
|
6
|
Aiginia
|
15
|
Gautamnagar (Unit-28)
|
|
7
|
Dumuduma
|
16
|
BJB Nagar (Unit-29)
|
|
8
|
Baramunda (Unit-19)
|
17
|
Badagada (Unit-35)
|
|
9
|
Nuagaon
|
18
|
Rajarani (Unit-38)
|
(2) The Authority may restrict construction of multistoreyed buildings in any other area on the basis of objective assessment of the available infrastructure facility and planning needs after obtaining due approval of the Government.
(3) Before commencement of these Regulations, where permission has been granted conditionally, such cases shall be dealt with under these Regulations as far as possible, without any major change, or without removal of construction. However, where violation of Heritage Zone conditions has occurred, this relation will not apply.
### 51. No multi-storeyed building shall be allowed to be constructed:
(a) With approach road less than 12 metes width;
(b) Within 100 (One hundred) metres from the centre of a National Highway on either side;
(c) Within 300 (three hundred) metres of :he boundary line of any old temple or historical monuments or site of archaeological importance recognised by the Archaeological Survey of India, State protected monuments outside the Heritage Zone of the Comprehensive Development Plan;
(d) Within 100 (hundred) metres from boundary of the Railway track of the Indian Railway; and;
(e) Within the heritage zone;
(f) Within one kilometre from the reference point of an Airport without clearance from the Airport Authority.
(g) In low-lying area as notified by the Authority.
### 52. Application for construction of Multistoreyed building.
(1) Every application for approval of the site and building plan and permission to construct or reconstruct or alter or add to, a multi-storeyed building shall, in addition to the prescribed scrutiny fee under the rules and other fees as prescribed by the Authority from time to time and the applicable particulars required, be accompanied with the following further particulars, namely
(i) A key plan showing
(a) the means of access from the street or streets to all the buildings existing and proposed at the site, to the parking space and facilities provided at the site for scavengers and fire protection;
(b) the spaces to be left around the building for access, parking, circulation of air, light and other amenity;
(c) the disposal system of storm and domestic refuse water; and
(d) a rain water harvesting structure;
(ii) Building plans showing
(a) plan of all floors and covered area indicating clearly size and spacing of all framing members and sizes and arrangement of rooms and the position of stair-case, ramps, lift, wells and circulation spaces;
(b) longitudinal cross section of the building including size of footings, basement and super structure framing members and details of building and room heights and of staircase;
(c) plans and sectional details of water supply, drainage and sewerage system of the building;
(d) internal electrical design;
(e) the general lay-out of the columns and load bearing walls; and;
(f) a landscape plan showing the area to be developed as lawn, garden, plantation etc.
(iii) No Objection Certificate
(a) In case of buildings having more than four floors or 15 [fifteen] metres and above height, from the Chief Fire Officer having jurisdiction to the effect that the applicant has agreed to provide the fire fighting measures for the building as prescribed in the National- Building Code and to the effect that the plan provides access for easy movement of fire service vehicles in case of a fire hazard in future; and
(b) In all multi-storied buildings, the Chief Officer of the Archaeological Survey of India in case of any portion of the plot or site of the building or its boundary exist within 300 (three hundred) metres of the boundary line of any old temple of historical monuments or site of archaeological importance, or heritage site.
(iv) Statement and calculation sheets with regard to the plot area, floor wise details of spaces under various categories like apartment or office spaces, lobby circulation, staircase, lift, mezzanine space, balconies and details of such area which are to be exempted from calculation of floor area ratio, and;
(v) Details of structural plan and structural design including soil test certificate from a structural engineer. Provided further that while preparing the structural plan/design following aspects should be taken into account :
(a) The loads and forces including seismic forces and wind loads which are to be taken into account for structural design of building shall be in accordance with the Section-1 (Loads) of Part-VI (structural design) of the National Building Code of India, 1983.
(b) The structural design of foundations and elements in Substructure and super structure of wood, masonary, reinforced and pre-stressed concrete and steel shall be in accordance with Section-2 (foundation), Section-3 (wood), Section-4 (masonary), Section-5(concrete) and Section-6 (steel) of Part-VI (structural design) of the National Building Code of India, 1983.
(2) All plans, drawings, statements, design details shall bear the signature of the applicant and shall be duly countersigned by a registered Architect. All documents and plans related to structural designs, shall bear the full name and full signature of a Structural Engineer. Plans and documents related to sanitary arrangements shall bear the full name and full signature of a Public Health Engineer.
Note - (a) The registered Architect who has prepared the plan shall put the registration number and seal on all plans and documents signed by him and shall also furnish a certificate to the effect that he shall supervise the construction of the building and shall be responsible for any deviation from the approved plan.
(b) The Structural Engineer, who has prepared the structural design, shall put his seal, and address on all the documents signed by him and shall also furnish a certificate to the effect that he shall supervise the structural part of the construction and shall be responsible for any structural failure except caused by unprecedented natural calamities in Form-VII.
(c) All aspects related to structural design, building surface, plumbing, electrical installation, sanitary arrangements, fire protection shall adhere to the specification, standards and code of practice recommended in the National Building Code of India, 1983 and any breach thereof shall be deemed to be a breach of the requirements under these Regulations.
### 53. Permission for construction of muiti-storeyed building.
- Permission for construction of a multi-storeyed building shall be given in two stages, namely :-
(i) initially for construction up to 75% of the proposed building height; and
(ii) at the second stage, after proper compliance of the provisions contained in Regulation-25 and sub-Regulation (1) of Regulation-28.
### 54. Commencement of work.
(1) Every applicant or builder or owner shall submit a notice regarding his intention to commence the foundation work of the proposed multi-storeyed building to the Authority through the authorised technical person. The said notice shall be accompanied by the approved plan and should be in Form-V.
(2) Soon after the receipt of the notice referred to in sub-clause (1) above, the Authority shall send a team of officer as decided by the Authority to the proposed building site and the layout for foundation of the proposed multi-storeyed building shall be made in presence of those officers. The team shall also submit a report to the Authority to the effect that the layout has been made as per the approved plan.
(3) During or soon after the construction of the foundation work of the multi-storeyed building, the Vice-Chairman of the Authority or his authorised team of Officers shall inspect the construction to ensure that the set-backs, coverage, basement if any; and foundation standards are according to the approved plan.
(4) The applicant/builder shall submit periodic progress report after casting of each floor in Form-VIII.
### 55. Liability of defective construction.
(1) For defective constructions, the Vice Chairman shall sue the owners, builders, architects, and the engineers for both civil and criminal liabilities, besides taking action under these Regulations.
(2) Without prejudice to the provisions of the Act, the actions to be taken by the Vice Chairman shall include stop construction notices, cancellation of permission, and removal of unauthorised constructions. Such actions shall be notified under Regulation 12.
### 56. Maintenance.
(1) The main entrance to the premises shall not be less than 5 (five) metres in width in order to allow easy access to fire engine. The gate shall fold back against the compound wall of the premises, thus leaving the exterior access way, within the plot, free for the movement of fire service vehicles. If archway is provided over the main entrances, the height of the archway shall not be less than 5(five) metres.
(2) For multi-storeyed group housing scheme on one plot, the access way within the premises shall not be less.than 7.5 (seven and half) metres in width and between individual building blocks, there shall be an open unbuilt space of 6 (six) metres.
(3) The space set apart for providing access within the premises shall, in no case, be included in the calculation of requirements pertaining to parking spaces and other amenities required to be provided for the building.
(4) Every access way shall be properly drained -and lighted to the satisfaction of the Authority. Manhole covers or any other fittings laid within the right of way of the access way shall be flushed with the finished surface level of it so as not to obstruct safe movement of men and vehicles.
(5) Reconstruction or addition or alteration to any multi-storeyed building shall not be taken in a manner which shall reduce the width of the access way to a level below the minimum prescribed limit under these Regulations.
### 57. Exit.
(1) Every multi-storeyed building meant for human occupation or assembly, shall be provided with exist sufficient to permit safe escape of the occupants in case of fire or other emergencies.
(2) An exit may be a door-way, corridor, passage way to an internal or external staircase or to a verandah or roof or terrace having access to a street.
(3) Exits shall be so arranged as to provide continuous means of access to the exterior of a building or exterior open space leading to a street without passing through any occupied unit.
(4) Exits shall be selected that the travel distance on the floor shall not exceed twenty metres in case of residential, educational, institutional and hazardous occupancies and thirty metres in the case of assembly, business, mercantile, industrial and storage occupancies. Wherever more than one exit is required for a floor of a building, exit shall be placed at a reasonable distance from each other as possible. All the exists shall be accessible from the entire floor area at all floor level.
(5) There shall beat least two exists serving every floor and at least one of them shall lead to a staircase.
(6) The width of every exit shall not be less than one metre and shall be provided as per the following table.
| | | |
| --- | --- | --- |
|
Sl. No.
|
Type of occupancy
|
Number of occupants per unit exit
|
|
Stair Case
|
Terrace
|
|
1
|
2
|
3
|
4
|
|
1.
|
Residential
|
25
|
75
|
|
2.
|
Mixed and other uses
|
50
|
75
|
Explanation-
(a) Lifts and escalators shall not be considered as an exit.
(b) 'Travel distance' means the distance from any point in the floor area to any exit measured along the path or egress except that when the floor areas are sub-divided into rooms, used singly or of rooms and served by suite corridors and passage, the travel distance may be measured from the corridor entrance of such rooms or suites to the nearest staircase or verandah having access to the street.
### 58. Parking space.
(1) The provisions of Regulation 41 shall apply for providing parking spaces within the premises of a multi-storeyed building.
### 59. Mandatory provision.
(1) Every multi-storeyed building shall provide one or more rain water harvesting structures. The total dimension of recharging/ percolating pits/trenches should be at least at the rate of 6 [six] cubic metres dimension for every 100 [one hundred] square metres of roof area. Provided further that such rain water harvesting structure may also be provided in case of Residential Apartment, Institutional Buildings and Administrative Buildings.
(2) Every multi-storeyed building shall provide red lights on the roof facing the sky of a minimum wattage of 500. This can be of one or more units; but the minimum wattage of one unit shall be 100 watts.
### 60. Lifts.
- Lifts shall be provided in all multi-storeyed buildings irrespective of the use. The lifts provided shall not be considered as means of escape in case of emergencies. An extra staircase shall be provided as a means of escape during emergency.
### 61. Floor area ratio and setback.
- In case of multi-storied buildings, the maximum Floor Area Ratio shall be 2.00, and the maximum ground coverage shall be 50%. Out of the balance area, at least 20% shall be covered by plantation.
(a) The minimum side and rear set-back for the multi-storeyed building shall be 1 /3rd (One third) of the height of the building.
(b) The minimum front setback for the multi-storeyed building shall be 1 /3rd (one third) of the height of the building +1 (one) metre.
(c) The following services and structures shall not be included in the calculation of floor area ratio namely :-
(i) a basement or cellar or covered space under a building constructed on stilt (not exceeding 2.56 metres in height), provided that it is used for parking, installation of air conditioning equipments and other machines used for services and utilities of the building (lift room, pump house, fire fighting).
(ii) Electric cabin of sub-station, watchman booth, pump house and garbage shaft stair case room and lift rooms above, the top most storey, architectural feature, chimneys and elevated tanks; and
(iii) Spaces occupied by staircase rooms, lift and lobbies attached to them and circulation or movement corridors.
### 62. Building height.
(1) Notwithstanding anything contained in these Regulations, no building exceeding 27 (twenty seven) meters in height shall be permitted within the Bhubaneswar Development Area, except with the Approval of the full Authority, as stated in sub regulation [2] below.
(2) The Authority shall not issue permission on case to case basis. The Authority, in a full meeting, shall specify the mouzas and units where buildings above 27 (twenty seven) metres height may be taken up. Before taking a decision on this, the concurrence of the Art Commission and the Airport Authority of India shall be obtained. A draft notification shall be published by the Authority, inviting suggestions and objections, giving thirty days' time under Regulation 12. After receipt of the objections and suggestions, if any, will be considered by the full Authority, and a decision will be taken. The areas in which buildings above 27 [twenty seven] metres height will be permissible, will be notified by the Vice Chairman of the Authority under Regulation 12. No request for approval of plan shall be entertained before expiry of one month from the date of publication of the final notification in this regard. No approval will be given before the expiry of two months from the date of publication of his notification.
### 63. Departure from approved plan.
- If during the construction of a building any substantial departure from the approved plan is intended to be made by way of internal alterations or modifications, which will increase the potential occupancy, prior sanction of the Authority shall be obtained. The revised plan showing the deviation shall be submitted and the procedure laid down in these Regulations shall apply to such revised plan.
### 64. Inspection.
(1) The Vice-chairman of the Authority or his authorised representative shall inspect the building from time to time during construction.
(2) If at any stage of construction it is noticed that there is possibility of threat to the structural stability of a multi-storeyed building on account of addition of extra loads, both horizontally and vertically, addition of extra floors or poor construction practices by using low quality materials etc, the Authority shall get the building inspected by its own technical personnel or by engaging experts from reputed institutes or farms. The expenditure incurred in this connection shall be realised from the builder or owner of the building.
(3) The authorised technical person or the expert engaged for the above purpose shall inspect the building and carry out such tests if required as per the provision of NBC and submit a report mentioning the details of findings to the Authority.
(4) If the Authority, after carefully examining the report as referred to in Clause-3 above, feels that actually there is threat to the structural stability of the building, the Authority shall declare the building unsafe for human habitation and cause disconnection of water supply and electricity to the building and initiate action for demolition of the building. The decision of the Authority in this regard shall be published as referred to in Regulation-12.
(5) An appeal against an order made under sub-clause (4) above shall lie under Section 103 of the Act.
### 65. Penal Action against Builders/Technical personnel.
(1) Not withstanding any thing contained in these regulation the Authority reserves the right to debar/black list the builder/technical person who has divulged from the professional conduct or has made any fraudulent statement or has misrepresented/suppressed any material facts in his application/plan or has involved in construction of the building deviating from the approved plan/norms of these Regulation.
(2) Before taking any action under clause (1) specified above the Vice-chairman of the Authority shall issue a notice specifying the reasons thereof asking for a show-cause within 15 days as to why such builder/technical person shall not be debarred/black listed. After receipt of the show cause, if any, the Vice-Chairman shall place the matter before the Authority for a decision on debarring/blacklisting the technical person/builder. The decision of the Authority in this regard shall be published as referred to in Regulation-12.
(3) An appeal against an order under Sub clause (2) above shall be under Section 103 of the Act.
### 66. Occupancy of the building.
(1) No person shall occupy or allow any other person to occupy any part of the multi-storied building for any purpose until such building or any part of it, as the case may be, is granted occupancy certificate by the Authority.
(2) The builder shall cause to register an Association of apartment owners as required under the Orissa Apartment Ownership Act, 1982, before occupancy certificate for 50% or more of the floor area is given.
(3) The Builder shall submit a copy of the agreement it has entered into with the apartment owners. This agreement shall show the terms of maintenance of public utilities.
### 67. Completion of construction.
- Every applicant or owner shall submit a notice in Form-VII regarding completion of the construction of multi-storied building, to the Authority through the registered Architect, who has supervised the construction. The said notice shall be accompanied with the following documents.
(a) Three copies of plan of the completed building.
(b) A fee of Rs.5000.
(c) Record of Rights relating to ownership.
(d) Evidence that all public utility services, and in particular, sewerage, drainage, water supply, and electricity have been linked to the main public utility system.
### 68. Issue of occupancy certificate.
(1) The Vice Chairman on receipt of the notice of completion, alongwith all the required documents, shall take a decision to either issue or refuse occupancy certificate in Form-X within thirty days from the date of receipt of such notice. This fact shall be published in the public notice in the manner referred to in Regulation 12.
(2) If the occupancy certificate is not issued by the Authority within sixty days from the receipt of notice under Regulation 61, the owner can prefer an appeal under Section 18 or 103 of the Act.
(3) Where occupancy certificate is refused by the Authority, reasons, thereof shall be communicated to the applicant and the same shall be published under Regulation 12. An appeal against such a decision will lie under Section 18 or 103 of the Act. The Appellate Authority shall be competent to seek the views of, and implead as parties, authorities in charge of public utility services, Competent Authority, as provided under the Act, under the Orissa Apartment Ownership Act, 1982, and apartment owners. Where non-provision of public utilities is likely to affect other residents, such residents can also be impleaded as parties.
Part-IV Zoning Regulations
### 69. Zoning.
- In the Development Plan area various use zones namely, residential, commercial, industrial, administrative, institutional, open space uses, transport and communication use, green belt and natural drainage channel and water bodies having their zonal boundaries as indicated in the development plan shall be regulated as per the Table under Regulation-67. Except as otherwise provided no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless use is in conformity with the Regulations.
(2) All existing places of worship, temples, churches, mosques etc. and burial and cremation ground shall be exempted from being treated as non-conforming uses, provided that continuance of such uses are not determinately to the locality.
(3) All non-conforming uses of land and buildings shall be discontinued and the modified uses shall be made to conform with the proposed land use of the development plan within the time limit specified by the Authority.
### 70. Different use of land.
(1) Permission for different uses shall be accorded outright for principal use earmarked in the different zones described in column (2) of the Table No.17.
(2) Upto 30% of the land in a permissible zone can be utilised for the purpose of ancillary and compatible uses as specified in column (3) of the said table. Permission shall be granted on first-come-first serve basis.
(3) The purposes specified in column (4) of the said table shall not be permitted in the areas reserved for particular uses.
(4) In the 'open space use' zone, activities like parks, playgrounds, temporary fairs, plantations, may be taken up. Only Residential buildings may also be permitted in the open space use zone if the following conditions are satisfied along with other conditions of these Regulations.
(i) the land is a stitiban land and is not a leasehold land;
(ii) the coverage is-not more than 40%;
(iii) the height is not more than 7.0 (seven) metres; and at least 20 percent of land issued for plantation;-
(5) In transport use zone activities relating to roads transport depots, bus terminal, bus stop, truck terminal, shall be permissible, in case of such use, a fee will be charged by the Authority, which shall be spent for development and ancillary facilities in these zones.
(6) In green belt use zone, the activities like agriculture, plantation, burial grounds, solid waste disposal units, shall be permissible.
(7) The permissions granted in exception of zonal use shall be incorporated in the public notice in the manner as referred to in Regulation 12.
(8) Where a land put to mixed use in a particular zone as per Regulations, the main use should cover not less than 2/3rd of the total floor area and the ancillary use should not exceed 1 /3rd of the total area.
Land Use Permitted/prohibited In Different Use Zones
(See Regulation 70)
Table-17
| | | | |
| --- | --- | --- | --- |
|
Use zone
|
Use permitted
|
Upto 30% of the area to be permitted on special
consideration
|
Use prohibited
|
|
(1) |
(2) |
(3) |
(4) |
|
Residential Use Zone
|
1. Residential, Hostel, Boarding
houses with density limitations, if any.
2. Schools
3. Health clinics
4. Social, cultural and
neighborhood, recreational institutions with adequate parking
facilities
5. Public utilities and public
buildings
6. Non-commercial agricultural
gardens, nursery and green houses
7. Any neighborhood recreat on uses
including clubs and other semi-public recreational uses.
8. Accessory uses clearly
incidental to residential use (except service uses) which will
not create a nuisance or hazard.
9. Customary home occupation if the area for such use does not
exceed 25 percent of the total floor area of the dwelling and
there shall be no public display of the goods.
|
1. Places of worship
2. Professional, Commercial,
Government and Semi-Government offices, Institutions
3. Service uses and shops
4. Hotels, Hospitals and Sanatoria
not treating contagious diseases mental patients, if setback and
coverage of plots are such as not to constitute nuisance to the
residential area.
5. Colleges and Research
Institutions of noncommercial nature, if the building is located
at a distance of not less than 8 metres. From the boundary of the
plot
6. Rearing of poultry and cattle
for noncommercial use if no bird or animal is Housed closer than
6 metres of a Dwelling.
7. Removal of gravel, clay sand or
stone for development of site which will not result in the
stagnation of water or cause other nuisance.
8. Bus stop
9. Petrol filling Station on roads
of 12 metres. Or more width if they fulfill other requirement
laid down in this connection.
10. Service Industries and storage
yards incidental to main use.
11. Crematories and electric
crematorium,
12. Philanthropic uses
13. Places of entertainment
including cinema house can be permitted provided these are
located on the important roads of not less than 12 metres. Width
and no traffic problems are created.
14.The planning Authority in
consultation with the Director of Town Planning, Orissa, can
allow increased residential density, if in its opinion the
purposed densities are desirable and necessary.
15. Service industries/ Cottage industries.
|
1. Slaughter houses, Industries
2. All uses not specifically permitted
|
|
2. (a) Commercial Use Zone (Central Business District)
|
1. Retail shop
2. Business and Professional
Offices
3. Services uses like Hair cutting
Saloons, tailoring shops, beauty parlour, laundry and dry
cleaning shops, etc.
4. Restaurants, hotels and eating
houses
5. Boarding houses, social and
welfare institutions
6. Clinics, public utilities and
buildings.
7. Parking lots.
8. Public recreational uses.
9. Meat, fish, Vegetable &
Fruit markets.
10. Wholesale & retail shops
11.Wholesale storage yards.
12. Weigh bridge & other uses incidental to main use.
|
1. Place of entertainment and
recreational uses.
2. Place of worship
3. Petrol filling and service
station.
4. Service garage provided they do
not directly about the main road.
5. Bus stop
6. Printing presses employing not
more than 10 persons.
7. Government and Semi-Government
offices/institutions
8. Bank offices.
9. Residence no floor other than
ground floor.
10. Hotels
|
1. Polluting industries.
2. All uses not specifically
permitted in the column (2) and (3)
3. Large scale storage of petroleum materials expecting in
area, specifically earmarked for the purpose.
|
|
(b) Zonal Commercial Area, (District Centre)
|
1. Retail shops
2. Restaurants & eating house
3. clinics/nursing homes
4. Business & professional
offices and institutional.
5. Parking lots.
6. Weekly market
7. Public utilities and services
8. Hotels
9. Parks, playgrounds, clubs
10. Service industries like motor garage workshop radio and
television repairing shop alike.
|
1. Government offices in other than
ground floor
2. Professional offices other than
ground & first floor.
3. Bus stop.
4. Printing Press employing not
more than 10 employees.
5. Banks
6. Place of entertainment and
recreational uses
7. Place of worship
8. Petrol filling and service
station
9. Residences on floor other than ground floor
|
1. Polluting industries
2. All uses not specifically
permitted in columns (2) & (3)
3. large scale storage of petroleum and other inflammable
materials excepting in areas, specifically earmarked for the
purpose.
|
|
(c) Street shopping and other supplying area.
|
1. Retail shop.
2. Business and professional
offices
3. Services uses like hair-cutting,
saloons, tailoring industry and dry cleaning etc.
4. Restaurants and eating houses
5. Boarding houses, social and
welfare institutions.
6. Clinics, public utilities and
buildings
7. Parking lots.
8. Floor, Rice meals not engaging more than 10 Horse Power
motors.
|
1. Place of entertainment,
recreational uses, hotels
2. Government & Semi-Government
offices and institutions.
3. Petrol filling station on roads
of 40 or more width.
4. Coal and wood depot
5. Service garages provided they do
not directly abut the main road
6. Service industries
7. Printing Press
|
1. Polluting industries
2. All uses not specifically
permitted in columns (2) and (3)
3. Large scale storage of petroleum and other inflammable
materials excepting in areas, specifically earmarked for the
purpose.
|
|
(d) Whole-sale Warehousing and Storage.
|
1. Wholesale and retail shops.
2. Wholesale and storage yard.
3. Commercial and business offices
4. Restaurants
5. Public utilities and buildings
6. Railway and road freight station
7. Weigh bridge and other uses incidental to main
|
1. Truck terminus and parking
2. Schools, clinics, social and
welfare institutions
3. Filling and service stations on
roads of 12 metre or more width
4. Government and semi Government
offices
5. Residences on floor other Than
on Ground floor
6. Junk-yards
7. Places of entertainments
|
1. Polluting Industries
2. All uses not specifically
permitted in columns (2) and (3)
3. Large scale storage of petroleum and other inflammable
materials excepting in areas, specifically earmarked for the
purpose
|
|
3. Industrial use zone, light manufacturing industry, service
industry and medium industry.
|
1. Industries which will not cause
excessive or objectionable noise, vibrations, smoke, gas, fume,
odor, dust effluent and objectionable conditions.
2. Warehousing and storage of
materials excepting these inflammable.
3. Public utilities and buildings,
Hotels, IT Centres.
4. Parking, loading, unloading
areas must be provided for all uses.
5. Bus and Truck terminal
6. Railway and Road freight
terminals
7. Petrol filling and servicing
stations on roads of 40' or more width provided they fulfill
other requirements laid down in this regard
8. Residential use for managerial
and staff in consistent with size of the industry
9. Junk-yards
10. Railway siding
11.Canteen and recreational
facilities for the employees
12. Institutional and utility use incidental to the main use
|
1. Hotels and canteens incidental
to the main use.
2. Bone mill, leather tanning
3. Animal fat, drystuff
4. Slaughtering of animal and
connected use.
5. Light industries, causing
objectionable noise, vibration, gas, fume, smoke, odour, dust and
other objectionable conditions
6. Coaltar and allied industries
7. Distilleries and breweries
8. Acid and fertilizer
9. Ammonia and bleaching power
industries
10. Industrial, alcohol and
limelium
11. Residential use for choukidar and guards
|
1. Polluting industries
2. General Residence
3. General business unless
incidental to and one the same site with one industry.
4. Any manufacturing establishment
detrimental by way of nuisance or hazard
5. All uses not specifically permitted in column 2 & 3
|
|
4. Administrative Use Zone.
|
1. Local, State and Central Government,
offices
2. Research Institutions, Social
and Cultural Institutions
3. Public utility buildings.
4. Uses incidental to Government,
offices.
5. Local Municipal offices
|
1. Residential and other uses which
in no way causing any nuisance and hazard, (incidental to main
use)
2. Hotels /Hostels
3. Retails shops/ shopping complex
4. Bus and Railway Passenger
terminals
5. Commercial use
|
All uses not specifically permitted in Column (2) and (3)
|
|
5. Institutional and utility use zone
|
1. Educational and Medical
Institutions, Research institutions
2. Hotels / Hostels
3. Social and cultural institutions
4. Monuments and religious
institutions
5. Local municipal and community
facilities, public utility buildings
6. Radio transmitters and wireless stations
|
Residential and other uses (which
in no way cause any nuisance and hazard incidental to main use)
Bus Stop
|
All uses not specifically permitted in Column (2) and (3)
|
|
6. Open space use zone
|
1. All recreational uses including
parks, play grounds, parkways, picnic spots, stadium
2. Special educational and
recreational areas
3. Bus and Railway passenger
terminals and car parking area
4. All residential uses subject to fulfillment of condition
specified in Regulation 112(4) |
1. Out-door theatres, restaurants
and selling of eatables.
2. Public utility and municipal
facilities
3. Uses clearly incidental use
which will not create nuisance and hazard
4. Dwelling for watch and ward staff
|
All uses not specifically permitted in column (2) and (3).
|
|
7. Transportation use zone
|
1. Roads and road transport depots and
parking areas
2. Bus terminus and bus stop
3. Parking lots
4. Development of traffic islands
5. Truck terminus
6. Expansion of existing railway and aerodrome
|
1. All ancillary activity and facilities within the bus stand
and truck terminus, railways and aerodrome
|
All uses not specifically permitted in column (2) and (3)
|
|
8. Green-belt zone
|
1. Agriculture and Horticulture
2. Diary and poultry farming ,milk
chilling centre farm houses and there accessory buildings
3. Brick, lime-kiln and removal of
play beyond distance of a half mile from developable area
4. Burial and cremation grounds
5. Trenching grounds
6. Construction of building by
government/ development authorities beyond the existing developed
basti area
7. Building construction over plot
covered under town planning scheme and conforming uses
8. Normal expansion of land uses only in the existing
homestead land of the villages subiect to condition laid down by
the authority
|
1. Houses incidental to place of
worship (Dharmasala, lodging, rest shed etc)
2. School and libraries educational
and cultural buildings
3. parks and other recreational
uses
4. Storage processing and sale of
farm products
5. Servicing and repair of farm
machineries and the sale of agricultural supply
6. Small scale fertilizer
chemicals, alcohol and distillery industry
7. Institutional uses incidental to the main use
|
|
|
9. Natural drainage channel zone
|
Agriculture
|
Horticulture
|
No construction of any kind
|
Part-V Compounding
### 71. Restriction on compounding.
(1) Any deviation pertaining to unauthorised development shall not be compounded :
(i) where construction has been undertaken on Government land or land belonging to local body or a land not owned by the person undertaking such development.
(ii) where FAR or height has been exceeded or front setback has been reduced from the prescribed norms under these regulation and/or charges for public utility services has not been deposited;
(iii) where development has been undertaken un-authorisedly within the prohibited limits of any ancient or archaeological monuments or where such developments interfere with the natural drainage of the locality; -
(iv) where development has been undertaken unauthorisedly over the area earmarked or approved for parking; and,
(v) where road or drain whether public or private, whether constructed or natural, has been encroached.
(2) Subject to the provisions contained in sub-Regulation (1), the Authority shall have the power to determine further such circumstances under which compounding may be prohibited. Every such decision shall be notified under Regulation 12, and will be enforceable for all plans submitted for approval after expiry of six months from the date of Notification.
(3) The Authority may, either before or after the institutions of the proceedings under the provision of the Act compound any offence
(i) where development has been undertaken without permission, but within the frame work of use restrictions and the provisions of these Regulations applicable to the concerned plot;
(ii) where development has been undertaken in deviation of the approved plan, but within the framework of the use restriction and the provisions, norms, and stipulations of these Regulations; and
(iii) The Authority may however compound deviations upto 5% (five percent) beyond the permissible norms of these regulation with respect to coverage, side and rear setbacks.
### 72. Power of the Government to exempt.
(1) Not withstanding anything containing in these, Regulation, the Government may compound any deviations in the constructions undertaken prior to enforcement of these Regulations.
(2) For the purpose of compounding the deviations under clause-(1) the Government may formulate a Scheme specifying a maximum time period of four months after publication of the same in the Gazette, local news paper, electronic media and Web site of the Government and Authority.
Note- The above two clauses shall seize its effect after six months from the date of publication of this Regulation.
### 73. Compounding amount.
(1) The compounding amount shall be such as may be decided by the Authority with approval of the Government from time to time.
(2) At least 50% of the compounding amount shall be utilised for development of public utility services, and protection of heritage sites and structures.
(3) The instances of compounding, the compounding amount collected, and the amount utilised for development or deposited with agencies of public utility services shall be published in the public notice in the manner referred to in Regulation 12.
Part-VI Removal of Unauthorised Constructions
### 74. Unauthorised construction.
(1) The Secretary of the Authority shall be competent to order for removal of any construction which in his opinion, is in violation of any of the provisions of the Act, rules, or these Regulations, under the Act.
(2) The Secretary of the Authority may, if he is of such opinion, seek the advice of the Vice-Chairman regarding implementation of any provision of these Regulations.
(3) The Vice-Chairman may call for any records, and in writing, give direction to the Secretary for implementation of any provision of these Regulations.
Part-VII General
### 75. Repeal and Savings.
(1) The Bhubaneswar Development Authority (Multi-storeyed Buildings) Regulations, 1998 and the Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 1993 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Regulations so repealed shall be deemed to have been done or taken under these Regulations, and those pending on the date of commencement of these Regulations, shall be done or taken under the provisions of these Regulations.
(3) Where a plan had been approved in relaxation of the norms of earlier Regulations, through compounding or otherwise, and subsequently new construction has been taken up without plan approval, or, where, permission for fresh construction is sought for, the stipulations of the present Regulation shall apply.
Illustration - If additional FAR is requested for, then, the present stipulations regarding setback, coverage, and height restrictions shall apply.
### 76. Educating the People.
(1) The Authority shall take a pro-active role in educating the land owners within their jurisdiction so that (a) there will be a planned growth within development area and (b) expensive demolition will be avoided.
(2) A copy of these Regulations shall be printed by the Authority and sold to public in the sales counter of the Authority.
### 77. Interim Development Plans.
(1) The Authority may prepare Interim Development Plans (IDP) for newly included development areas including stitiban/ryoti land within a reasonable time frame so that development may not be held up in the name of pendency of Interim Development Plan. Where such IDP has not been prepared, the general provisions of this Regulation shall apply without any zonal restrictions.
(2) The Authority shall ensure that resources for land acquisition and cost of land are mobilised or are likely to be mobilised within the time frame projected for implementation of such Interim Development Plans.
### 78. Provision of development plan to prevail.
(1) In case any of the provisions of these regulations are at variance with those contained in any Development Plan or Town Planning Scheme/the provisions of such plan or scheme shall prevail.
### 79. Applicability of National Building Code of India.
- Where no express provision has been made in respect of any matter connected with planning and building standards by the Act, the Rule, the Development Plan, the Town Planning Schemes, or these Regulations or by any resolution of the Authority, the provisions of the National Building Code of India shall mutatis mutandis be applicable.
### 80. Barrier free access for the disabled.
- Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.
### 81. (1) The qualification, experience and competence of technical personnel and Builders are given in Schedule-I, which are to be followed as per relevant regulations.
(2) The industries that can be considered in residential area is to be decided by the Authority in consultation with Directorate Town Planning, Orissa from time to time.
(3) The forms prescribed for application under Section-16 (1) permission under Section-16(3) drawing attention of Vice-Chairman u/s 16(7) of ODA Act and others in connection with commencement of work, completion certificate, Occupancy Certificate, Structural stability certificate and periodic progress report are provided in Schedule-2.
### 82. Constitution of D.P. & B.P. Committee.
(1) The Authority may constitute a Committee under Section-6 of ODA Act to be called Development Plan and Building Permission Committee with members from the following organizations/department besides those required from BDA.
### 1. Bhubaneswar Municipal Corporation ###
2. Directorate of Town Planning, Orissa
### 3. Chief Architect, Orissa ###
4. Housing and Urban Development Department, Orissa
### 5. Public Health Engineering Department , Orissa ###
6. Fire Services
### 7. G.A. Department, Orissa ###
8. Orissa State Pollution Control Board
Additional member(s) .can be associated for specific meetings depending upon the purpose.
(2) The Authority may by notification delegate such of its powers relating to approval of schemes, projects and building plans to the Committee constituted under Sub-Regulation (1) as it may deem appropriate.
(3) Matters and cases relating to permission under Section 16 of the ODA Act and such others which are deemed fit may be referred to the Committee from time to time for advice & recommendations.
### 83. Activities along National Highway.
- While regulating activities along National Highway the provisions contained under the relevant rules and regulations are to be adhered to.
### 84. Decision of the Government to be final.
- In case of any dispute in interpretation of these regulations, the decision of the State Government shall be final.
Schedule 1
------------
Qualification, Experience & Competence Of Technical Personnel And Builder
### 1. Architect (A) Qualification & Experience
The minimum-qualification for an Architect shall be the Associate Membership of the Indian Institute of Architect or such degree or diploma which makes him eligible for such membership or such qualifications as listed in the Architects Act 1972, and shall be registered with the Council of the Architecture under the Act. In addition to the above qualifications the Architect should have at least two years experience in professional work.
(B) Competence
The Licensed Architect shall be competent to carry out the work related to the building permit as given below and shall be entitled to submit.
(i) All plans and information connected with the building permit.
(ii) Structural details and calculations for residential buildings on plot up to 500 sq. metres and upto three storeys or 10 metre in height.
(iii) Certificate of supervision and completion of all buildings.
(C) Duties & Responsibilities.
(i) He/She shall be responsible for making adequate arrangements to ensure not only that the work is executed as per the approved plans but also in confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Building Code in the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/ Consultant before applying for occupation certificate.
(ii) He/She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.
(iii) If the services of the registered architect are terminated, he shall immediately inform the Competent Authority about his termination and the stage of work at which his services have been terminated. The registered architect appointed on the job shall inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge after Authority has inspected the site for his report, the newly appointed architect shall allow the work to proceed under his direction.
(iv) The registered architect appointed on the work shall inform the Authority immediately on discontinuation of the services of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.
(v) He/She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.
(vi) He/She shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary structures required for construction and erection.
(D) Registration
(i) The registration fee if any shall be payable as prescribed by the Authority from time to time.
(ii) The Authority may black-list an architect in case of serious defaults or repeated defaults and shall inform the council of Architect Act, 1972. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence or default.
### 2. Engineer (A) Qualification and Experience
The minimum qualification for an Engineer shall be the Corporate Member of Civil Engineering Division of the Institution of Engineers, India or such Degree or Diploma in Civil, Municipal or Structural Engineering, which makes him eligible for such membership. In addition to the qualifications stated above the Degree Engineers and Diploma Engineers should have at least two and five years of experience respectively in professional work.
(B) Competence
The Licensed Engineers shall be competent to carry out the work related to the building permit as given below and shall be entitled to submit:
(i) All plans and information connected with building permit.
(ii) Structural details and calculations of buildings on plot up to 500 square metres and up to four storeys excluding basement/stilt or below 15 metre in height.
(iii) Certificate of supervision and completion for all buildings.
(C) Duties & Responsibilities
(i) He/She shall be responsible for making adequate arrangements to ensure not only that the work is executed as per the approved plans but also is confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Building Code of India in the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate.
(ii) Fie or She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.
(iii) If the services of the registered Engineer are terminated, he shall immediately inform the Authority about his termination and the stage of work at which his services have been terminated. The registered Town Planner appointed on the job, and inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Authority has inspected the site for his report, the newly appointed Engineer shall allow the work to proceed under his direction.
(iv) The registered Engineer appointed on the work shall inform the Authority immediately on discontinuation of the services of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.
(v) He or She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.
(vi) He shall instruct the relevant agency that adequate provisions are made providing safe and adequate temporary structures required for construction and erection.
(D) Registration
(i) The registration fees if any shall be payable as prescribed by the Authority from time to time.
(ii) If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institute of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default.
### 3. Structural Engineer (A) Qualification & Experience
The minimum qualifications for a structural engineer shall be graduate in civil engineering of recognized Indian or foreign university, or Corporate Member of Civil Engineering Division of Institution of Engineers (India) or equivalent overseas institution, and with minimum 3 years experience in structural engineering practice with designing and field work.
Note - The 3 years experience shall be relaxed to 2 years in the case of post graduate degree of recognized Indian or foreign university in the branch of structural engineering. In case of doctorate in structural engineering, the experience required would be one year.
(B) Competence
The licensed structural Engineers shall be competent to submit the structural details and calculations for all buildings and supervision.
In case of buildings having special structural features, as decided by the Authority, which are within the horizontal areas and vertical limits specified in Chapter A-2.1.1 (b. A-2.2.1(b) and A-2.4.1(a) of NBC of India shall be designed only by structural engineers.
(C) Duties and Responsibilities
(i) To prepare a report of the structural design.
(ii) To prepare detailed structural design and to prescribe the method and technique of its execution strictly on the basis of the National Building Code or relevant Indian Standard specifications.
(iii) To prepare detailed structural drawings and specifications for execution indicating thereon, design live loads, safe soil bearing capacity, specifications of material, assumptions made in design, special precautions to be taken by contractor to suit the design assumptions etc. whatever applicable.
(iv) To supply two copies of structural drawings to the site supervisor.
(v) To inspect the works at all important stages and certify that the work being executed is upto the satisfaction of the Architect/Engineer.
(vi) To certify the structural safety and overall structural soundness of the building to the Architect/Engineer.
(vii) To advise the Owner/Architect/Engineer for arranging for tests and their reports for soil, building material etc. for his evaluation and design consideration.
(viii) He shall prepare the revised calculations & drawings in case of any revision with reference to the earlier submission of drawing and design in a particular case.
(ix) To submit the certificate of structural safety and over all structural soundness of building to Authority.
(D) Registration
(i) The registration fees if any shall be payable as prescribed by the Authority from time to time.
(ii) If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institute of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default.
### 4. Town Planner (A) Qualification & Experience
The minimum qualification for a town planner shall be the Associate Membership of the Institute of Town Planners or post-graduate degree or diploma in town and country planning which makes him eligible for such membership or recognized by the Public Service Commissions for the post of Assistant Town Planner.
(B) Competence
The licensed town planner shall be entitled to submit :
(i) all plans and related information connected with development of land of all areas; and
(ii) Certificate of supervision for development of land of all areas.
(C) Duties and Responsibilities
(i) He/She shall.be responsible for marking adequate arrangements to ensure not only that the work is executed as per the approved plans but also is confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Buildings Code of India the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate.
(ii) He/She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.
(iii) If the services of the Town planner are terminated he shall immediately inform the Authority about his termination and the stage-of work at which his services have been terminated. The registered Town Planner appointed on the job, shall inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Competent Authority has inspected the site for his report, the newly appointed Town planner shall allow the work to proceed under his direction.
(iv) The registered architect appointed on the work shall inform the Authority immediately on discontinuation of the services of the of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.
(v) He/She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.
(vi) He/She shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary structures required construction and erection'
(D) Registration
(i) The registration fee if any shall be payable as prescribed by the Authority from time to time. ''
(ii) The Authority may black list the Town planner in case of serious defaults or repeated defaults and shall inform the Institute of Town planners, India. The registration shall be liable to be revoked temporarily or permanently by the Authority in such case of negligence or default.
### 5. Supervisor (A) Qualification and Experience
The minimum qualifications for a supervisor shall be qualification in architecture or engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted service by the Government of India plus 5 years experience in building design, construction and supervision.
(B) Competence
The licensed supervisor shall be entitled to submit:
(i) All plans and related information connected with building permit for residential buildi gs on plot up to 200 m2 and up to two storeys or 7.5 m in height; and
(ii) Certificate of supervision for buildings in (i).
(C) Duties and Responsibilities
(i) To adhere strictly to the structural drawing specifications and written instructions of the structural designer and Architect/Engineer.
(ii) To follow the provisions of N.B.C. or I.S. specifications as regards materials, components, quality control and the process of construction.
(iii) To provide for safety of workers and others during excavation, construction and erection.
(iv) To provide safe and adequate temporary structure required for construction and erection.
(y) To bring to the notice of the structural Engineer and Architect/ Engineer/any situation or circumstances which in his opinion are liable to endanger the safety of structure.
(vi) To deposit with the Authority one set of working drawings of the works executed along with the progress certificates before proceeding to the next stage of the work.
(vii) He shall be in charge of site and responsible for overall supervision of the work.
(viii) He shall ensure that all the works under his charge are carried out in conformity with the approved drawings and as per the details and specifications supplied by the registered Architect/ Engineer.
(ix) He shall take adequate measures to ensure that no damage is caused to the work under construction and the adjoining properties.
(x) He shall also ensure that no undue inconvenience is caused in the course of his work in the people in neighbourhood.
(xi) He shall also ensure that no nuisance is caused to traffic and neighbouring people by way of noise, dust, smell, vibration etc. in the course of his work.
(D) Registration
(i) The registration fee if any shall be payable as prescribed by the Authority from time to time.
(ii) If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list supervisor in case of serious defaults or repeated defaults. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default.
### 6. Group Agency When any Group or Agency comprising of qualified Architect/Engineer/ Town Planner is practising, then the qualifications and experience, competence, duties and responsibilities and registration will be the combination individual qualification and experience, competence, duties & responsibilities and registration as provided in Schedule 1 to 5.
### 7. Builder (A) Qualification and experience
(a) The person/firm engaged in construction activities/building activities in an urban area having proved merit and experience may be considered for registration as a builder. He/She should have at least five years experience in the line.
(b) A person or group of persons having a qualification of Civil Engineering Diploma/Degree, Architecture and Planning Degree may be registered and builder. He/She should have at least three years experience in the professional work.
(c) The Authority may classify the builders into three classes namely, Class-A, Class-B and Class-C considering their experience and annual turnover.
(B) Duties and Responsibilities of Builders
(1) Any person acting in the capacity of the owner shall be the bona fide owner or authorised agent of the owner for development work proposed. He shall satisfy the Authority that he is the actual owner to undertake total responsibility as the owner, employer and manager of the property and its development and of all the assets and liabilities of the property and the project.
(2) He/She shall appoint a registered Architect/Engineer/Town Planner to prepare plan, design, drawings and specifications and to direct the execution of the work in accordance with the requirements of these regulations.
(3) The appointment of the registered Architect/Engineer/Town Planner shall mean that he/she has authorised them to do all things necessary and to take all adequate measures for preparing the design, drawings and specifications for the project and to appoint on his behalf appropriate persons to act as registered Site Supervisor, required for the proper execution of the project and to retain on behalf of the owner any other specialist or expert required on the work of the project.
(4) He/Architect/Engineer/Town Planner shall give written information to the Competent Authority about the commencement of the execution work. He shall see that all requirements of Authority are fulfilled by the registered Architect/Engineer/Town Planner.
(5) He shall not cause or allow any deviations from the approved drawings in the course of the execution of the project against the instruction of Architect/Engineer/Site Supervisor/Structural Designer and shall bear all responsibility for any irregularity committed in the use and function of the building or its parts for which the approval has been obtained.
(6) He shall inform the Authority immediately if the services of the Architect/Engineer appointed on the project are terminated or has ceased to function due to any reason and shall not allow any work to proceed till another Architect/Engineer is appointed on the project.
(7) When no registered construction contractor or site supervisor is required to be appointed and not appointed he shall be responsible for their duties and responsibilities under the Regulations.
(8) He shall not commence the use of building or shall not give the possession to occupy the building to any one before obtaining the occupancy certificate from the Authority.
(9) He shall provide adequate safety measures for structural stability and protection against fire hazards likely from installation of services like electrical installation, plumbing, drainage, sanitation, water supply etc. wherever required under the regulations.
(10) He shall exhibit the names of registered persons only, on site and no additional names will be exhibited/displayed.
(11) He shall explain the construction design and its intended use as per approved plan only, to the prospective purchaser of the premises under construction.
(C) Registration
(i) The builders shall have to be registered with the Authority on payment of such fees as decided by the Authority from time to time.
(ii) The Authority may debar or blacklist the builder as referred to in Regulation-8 and Regulation-62.
Schedule 2
------------
Form-I
Part-1 Application Form
(See Regulation 6 & 62)
Building Plan application Form
Form No........
Authorised Signature
Application for Permission for Development of Building (Other Than Sub-Division of Land) Under Section-16 of The Orissa Development Authorities Act, 1982
| | |
| --- | --- |
|
From:
|
For Office use only
|
|
Name.......................
|
|
|
Address....................
|
Regd. No...................
|
|
(in Block letters)
|
|
|
(Tel No)....................
|
|
|
Receipt No. & Date............
|
Fees realized...............
|
To
The Vice-Chairman,
Bhubaneswar Development Authority,
Bhubaneswar.
Sir/Madam,
I/We hereby apply for permission to undertake development and carry out :-
(a) Construction of storeyed building:
(b) Re-construction of an existing building;
(c) Alteration/addition to the existing building:
(d) Revalidation/renewal of plan for construction of all .................storeyed building;
(e) (If any other, please specify)
in respect of Plot No.......Khata No................Village...........................Thana No of Holding No Ward No of...........................Municipality/NAC within the development area of Bhubaneswar. The said land building shall be used for.................................purpose.
I/We enclosed herewith the following plans (7 copies in case of privately owned plots/8 copies in case of Government, leased Government, plots) and specifications duly signed by me/registered Architect/Licensed/Engineer/Supervisor/Group or agency being Regd. No............/Licence No who have proposed the plans, designs etc and who will supervise the developments.
I/We the owner(s) of every part of the land/building to which this application relates, requests, the permission for the above development may kindly be accorded.
| | |
| --- | --- |
|
Place
|
Signature of Owner(s) |
|
Date:
|
Name of Owner(s) |
Form-I
Part-II (See Regulation 6 & 52)
From :
(Name and address of the Architect/Engineer/Supervisor/Group with Registration Licence No.)
To
The Vice-Chairman,
Bhubaneswar Development Authority,
Bhubaneswar.
Sir/Madam.
I/We hereby certify that the erection/re-erection/demolition of material alteration in of building in respect of Plot No Khata No. Village...........Thana No.........Holding No............Ward No......shall be carried out under my/our supervision and I/We certify that all the materials (type and grade) and the workmanship of the work shall be generally in accordance with the general specifications submitted along with and that shall be carried out according to the sanctioned plans and the structured designs proposed by the taking into account of all safety factors recommended by NBC.
| | |
| --- | --- |
|
Place...........
|
Yours faithfully
|
|
Date..........
|
Registered Engineer/Supervisor/Group
|
Form-II
Bhubaneswar Development Authority
[See Regulation 10(1) ]
| | |
| --- | --- |
|
No.........../BDA, Bhubaneswar
|
Dated...................
|
Permission Under Sub-Section (3) of the Section-16 of the Orissa Development Authorities Act, 1982 (Orissa Act, 1982) is hereby granted in favour of.
Shri/Smt..............................
(a) Sub-Division of lands.
(b) Institutions of change of the used land or building.
(c) Construction of a ...building
(d) Reconstruction of building.
(e) Alternation of
(f) Alternation or additions in the existing building.
.............................(Specify in respect of Plot No....................Khata No...........Drawing No .............Village................Thana No..............Holding No..............Ward No of....................Municipality/NAC with the Development plan area of subject to following additions/restrictions.
(a) The land/Building shall be used exclusively.............................purpose and the uses shall not be changed to any other use without prior approval of this Authority.
(b) The development shall be. undertaken strictly according to plans enclosed with necessary-permission endorsement.
(c) Parking space measuring................Sq.ft. as shown in the approval plan shall be left open to sky and no part of it will be build upon.
(d) The land over which construction is proposed is accessible by an approved means of access of........................ft. in width.
(e) The land in question must be in lawful ownership and peaceful possession of the applicant.
(f) The applicant shall free gift...........ft. wide trips or land in the............Municipality/NAC for the further widening of the road to the standard width.
(g) The permission is valid for period of three years with effect from the date of its issue.
(h) Permission accorded under the provision of Section 16 of ODA Act, can not be construed as an evidence in respect of right, title interest of the plot over which the plan approved.
(i) Any dispute arising out of land record or in respect of right title interest after this approval the plan shall treated automatically cancelled during the period of dispute.
(j) Any other conditions.
By Order
Authorised Officer
Bhubaneswar Development Authority
| | |
| --- | --- |
|
Memo No.........../BDA, Bhubaneswar
|
Dated...................
|
Copy forwarded alongwith Copies of the approved plans to Shri/Smt..................................................................
Authorised Officer
Bhubaneswar Development Authority
| | |
| --- | --- |
|
Memo No.........../BDA, Bhubaneswar
|
Dated...................
|
Copy with a copy approved plan forwarded to the Executive Officer, Bhubaneswar Municipal/Executive Officer, Khurda NAC/Executive Officer, Jatni, NAC for information.
Authorised Officer
Bhubaneswar Development Authority
| | |
| --- | --- |
|
Memo No.........../BDA, Bhubaneswar
|
Dated...................
|
Copy forwarded to the Land Officer, G.A., Department, Bhubaneswar. Director of Town Planning, Orissa, Bhubaneswar. Enforcement Section, BDA, Bhubaneswar.
Authorised Officer
Bhubaneswar Development Authority
Form-III
[See regulation 10(2) ]
Application Form Drawing of Attention Under Sub-Section (1) of Section-16 of the Orissa Development Authorities Act,1982.
From :
(Name and address of the applicant in block letters)
To
The Vice-Chairman,
Bhubaneswar Development Authority,
Bhubaneswar.
Subject : Statutory Notice and Sub-section (7) of Section-16 of the ODA Act, 1982.
Sir/Madam
I/We do bring to your kind notice that I/We had applied for permission to the Bhubaneswar Development Authority on...............to undertake development with respect to Plot No.......Khata No........Village.....Thana No..........Holding No......Ward No within the Development Plan area of.........Municipality/NAC. My/Our application was registered vide No dated....................Two months have elapsed since the submission of my/our application and I/We have not received any communication with respect to the said application.
Please take notice that if within a further period of one month from the date of receipt of this notice by you no communication either granting or refusing permission on requisitioning any relevant information is received by me/us. I/We shall presume that permission as applied for has been granted in my/our favour.
| | |
| --- | --- |
|
Place...........
|
Yours faithfully
|
|
Date..........
|
Signature of the applicant(s) |
Form-IV
(See Regulation 13)
Form of Register to be maintained under Sub-section (12) of Section 16
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Name and address of the applicant
|
Date of receipt
|
Date of permission with letter No.
|
Date of refusal with letter No.
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
| | | | | |
| --- | --- | --- | --- | --- |
|
Date of endorsement to Enforcement Branch
|
Date of return from Enforcement Branch
|
Date of sending to record room
|
Signature of the dealing Assistant
|
Signature of the Section Officer
|
|
(6) |
(7) |
(8) |
(9) |
(10) |
Form-V
Form of Notice For Commencement Of Work to be Furnished by the Plot Owner(S) & the Developer
[(See Regulation 14, 54(1) ]
From :
(Name and address in Block Letters)
To
The Vice-Chairman,
Bhubaneswar Development Authority,
Bhubaneswar.
Sir,
I/We hereby give notice that the erection of building in respect of Plot No.............Khata No.....Village....Ward No......will be commenced on........as per the permission given in your letter No.dated....under the supervision Registered Architect/Registered structural Engineer, Name.........Regn. No................in accordance with the approved plan.
Yours faithfully,
Signature of the Owner(s) & Developer.
Form-VI
Certificate of Completion
[(See Regulations 18(1) & 67)]
(To be given by the owner and Counter Signed by the Registered Architect/Registered Structural Engineer. To be submitted in Triplicate)
Office Use
Date of Receipt ..........
Amount of fee deposited...........
Receipt No. & Date.............
From :
(Name and address in Block Letters)
To
The Vice-Chairman,
Bhubaneswar Development Authority,
Bhubaneswar
Sir,
I/We hereby certified that the erection of building as per the schedule below. Plot No..........Khata No.........Mouza...........Ward No.........has been supervised by me/us and has been completed on.........Date......Strictly according to the plan sanctioned vide letter No........................dated.....................The work has been completed to my/our best satisfaction. All the material (type of grade) have been used strictly in accordance with the general and detail specification. The structural safety with respect to cyclone & earthquake has been taken care as per the provisions of the NBC. The fire safety measures have also been adopted as per the clearance of the fire officer.
No provision of the Orissa Development Authorities Act, 1982 & Orissa Development Authorities Rules, 1983 and the Relevant Building Regulation has been violated. No requestion made, conditions imposed or orders issued with respect to the above quoted sanctioned plan have been transgressed in the course of the work. The building is fit for use for which it has been erected.
Signature of the Owner(s) & Developer
Yours faithfully
Signature of Rgd. Architects
Signature of the Regd. Str. Engr.
Form-VII
[(See Regulations 52(1) (v)]
Structural Stability Certificate
(To be furnished by the Registered Structural Engineer/Architect)
This is to certify that l/We/M/s ..............has/have prepared the Structural design of the building over Plot No...........Mouza.............for Construction of ............... storey buildings per the provisions of National Building Code. I undertake the responsibility with regard to supervision of the work at each stage of construction, (after laying of foundation & after casting of each floor) and submit the report to BDA to the effect that the building is being constructed confirming to the approved plan and as per the structural design prepared by me/firm as per the provisions of NBC taking into account the safety factors like cyclone & earth quake, etc. I/We will be responsible and liable for action by BDA/'Government if the plan/design submitted contain misrepresentation or fraud and construction is made in deviation of approved plan or if there is structural failure & fire endangering the inmates & the public.
(i) Signature and Seal
Registered Structural Engineer
(i) Present & Permanent Address:
(ii) Present & Permanent Address :
(iii) Signature of the Plot Owner/Owners & Developer/Builder.
Form-VIII
Periodic Progress Report
[(See Regulation 54(4) ]
(To be submitted by the Registered Structural Engineer/Architect/ Registered Civil Engineers Supervising the construction with counter signature of the plot owner/owners & developer)
From :
To
The Planning Member,
Bhubaneswar Development Authority,
Bhubaneswar.
Ref: (i) BDA approval letter No....dated....
(ii) BPBA No........
Sir/Madam,
I/We hereby certify that the construction of the building up to foundation, plinth/ground floor/floors of the buildings plot No ................Mouza......................has been supervised by me/us and has been constructed strictly confirming to the sanctioned plan and structural design as per the provision of NBC. The work has been done to my/our best satisfaction. All the materials used in construction of this building are strictly,in accordance with BIS/ISI specifications and norms confirming to National Building Code, covering all the safety factors related to earthquake and cyclone. I will be responsible and liable for action by BDA/Government if there is any structural failure and Fire endangering the inmates and public.
| | |
| --- | --- |
|
Date :
|
Yours faithfully,
|
|
|
Signature & Seal
|
|
Address :Permanent :
|
Name & Designation of the Registered Architect
|
|
Present :
|
Signature of the Regsitered Architect
|
|
Address :Present :
|
Name & Designation of the Registered Structural Engineer
|
|
Permanent :
|
|
|
Address :Present :
|
Signature of Plot Owner/Developer
|
|
Permanent :
|
|
Form-IX
[See Regulation 10(1) ]
Bhubaneswar Development Authority
| | |
| --- | --- |
|
No.........../BDA, Bhubaneswar
|
Dated...................
|
Refusal Of Permission Under Sub-Section (3) Of Section 16 Of Orissa Development Authorities Act, 1982 For Undertaking Development Of Plot No In Mouza ..............
To
Smt/Sri
His/Her reply to this, office letter No...........dated.........has not been found to be satisfactory. He/She has failed to show any cause in response to this office letter No...................Dated .....
Hence, in exercise of the powers under Sub-section (3) of Section-16 of the Orissa Development Authority Act, 1982, permission to undertake development on plot No................Mouza..............of Bhubaneswar/Khurda/Jatni Master plan area is hereby refused on the following giuunds.
### 1. ###
2.
....................................
### 3. ...................................
### 4. ..............................................................
Two copies of the plans are retained in this office for record and reference and the rest are returned herewith.
By order
Authorised Officer
| | |
| --- | --- |
|
Memo No.........../BDA, Bhubaneswar
|
Dated...................
|
Copy to Executive Officer, Bhubaneswar Municipal Corporation, Bhubaneswar/ Director of Estates, General Administration Department (in case of lease plots)
Authorised Officer
Form-X
Form For Occupancy Certificate
(See Regulation-68)
To
The work of erection, re-erection or alteration undertaken in respect of Plot No................Village.........is/are completed under the supervision of................Architect (licensee No..........) Structural Engineer (Licensee No..............) Supervisor (License No .) as per the completion certificate submitted........................dated..........On inspection it is observed that the erection, re-erection or alternation undertaken with respect to above plot(s) conform/ do not conform the approved plan and the conditions imposed vide letter No dated Hence in pursuance of Regulation 19/68 of BDA (Planning & Building Standards) Regulation the building(s) is permitted/not permitted for occupation subject to the following.
### 1. ###
2.
### 3. One set of completion plan duly certified is returned herewith.
By order
Date
Authorised Officer
Bhubaneswar Development Authority
|
65b98441ab84c7eca86e9480 | acts |
State of Punjab - Act
-----------------------
The Punjab Laws (Extension No. 3) Act, 1957
---------------------------------------------
PUNJAB
India
The Punjab Laws (Extension No. 3) Act, 1957
=============================================
Act 23 of 1957
----------------
* Published on 12 July 1957
* Commenced on 12 July 1957
The Punjab Laws (Extension No. 3) Act, 1957
Punjab Act
No. 23 of 1957
Statement of Objects and Reasons. - With a view to achieving uniformity in the matter application of laws in the new State of Punjab, some further laws are sought to be extended to the erstwhile Pepsu territory. This Bill represents the third instalment of such laws. Published vide Punjab Government Gazette Extraordinary, dated 22.5.1957.
Received the assent of the President on the 12th July, 1957, and was first published for general information in the Punjab Government Gazette (Extraordinary) , dated the 24th July, 1957.
An Act to provide for the extension of certain laws to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union.
Be it enacted by the Legislature of the State of Punjab in the Eighth Year of the Republic of India as follows :-
### 1. Short title and commencement
. - (1) This Act may be called the Punjab Laws (Extension No. 3) Act, 1957.
### 2. Definitions
. - In this Act, -
(a) "Schedule" means a Schedule appended to this Act;
(b) "transferred territories" mean the territories which, immediately before the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union.
### 3. Interpretation
. - The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.
### 4. Extension of certain laws to transferred territories
. - (1) All the enactments, as amended from time to time, specified in Schedule I and so much of any of the enactments, as amended from time to time, specified in Schedule II as extends to the territories which, immediately before the 1st November, 1956, were comprised in the State of Punjab and relate to matters with respect to which the State Legislature has power to make laws for a State, and all rules, regulations, notifications, orders and bye-laws made, and all directions or instructions issued, thereunder, which are in force immediately before the commencement of this Act in the said territories, are hereby extended to and shall be in force in, the transferred territories.
(2) The amendments specified in Schedule I shall be made in the aforesaid enactments.
### 5. Construction of certain references
. - In the enactments, or rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, thereunder, as referred to in section 4, any reference :-
(1) to a law which is not in force in the transferred territories shall in relation to such territories, be construed as a reference to the corresponding law, if any, in force in such territories; and
(2) to the State of Punjab, by whatever form of words, shall be construed as including a reference to the transferred territories.
### 6. Repeals and savings
. - If immediately before the commencement of this Act, there is in force in the transferred territories any law corresponding to any of the enactments or rules, regulations, notifications, orders and bye-laws made and directions or instructions issued, thereunder, extended to those territories by section 4; that law, including the enactments specified in Schedule III, shall on the commencement of this Act, save as otherwise expressly provided in this Act, stand repealed:
Provided that such repeal shall not affect -
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture of punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, contained or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:
Provided further that anything done of any action taken under any law so repealed shall be deemed to have been done or taken under the corresponding provision of the enactment extended by section 4 to the transferred territories, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the enactment so extended.
### 7. Powers of courts and other authorities for purposes of facilitating application of the enactments specified in Schedule I or II or rules, etc.
. - For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule I or Schedule II or of any rule, regulation, notification, order, bye-law, direction or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.
### 8. Power to make rules, etc., not to be affected
. - Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercisable under the enactments specified in Schedules I and II, to add to, amend, vary or rescind the rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, as extended by section 4 to the transferred territories.
### 9. Power to remove difficulties
. - If any difficulty arises in giving effect in the transferred territories to the provisions of any enactment specified in Schedule I or Schedule II, the State Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty.
I
---
Extension of Punjab Acts
(See section 4)
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Year
|
Number of the Act
|
Short title
|
Amendment
|
|
1
|
2
|
3
|
4
|
5
|
|
1
|
1887
|
(Act No. XVI of 1887)
|
The Punjab Tenancy Act, 1887
|
|
|
2
|
1887
|
(Act No. XVII of 1887)
|
The Punjab Land Revenue Act, 1887
|
|
|
3
|
1899
|
(Act No. I of 1899)
|
The Punjab Riverain Boundaries Act, 1899
|
|
|
4
|
1913
|
(Act No. I of 1913)
|
The Punjab Pre-emption Act, 1913
|
|
|
5
|
1935
|
(Act No. V of 1935)
|
The Punjab State Aid to Industries Act, 1935Loans
under Pepsu Act II of 2007 Bk. to be deemed to be granted under
this Act
|
After Section 45 the following new section shall be added
:-"45-A. All loans granted under the Patiala and East
Punjab States Union State Aid to Industries Act, 2007 (Act No. 1
of 2007 Bk.) shall be deemed to be granted under and in
accordance with the provisions of this Act and shall be
recoverable in the same manner in which loans granted undet this
Act are recoverable."
|
|
6
|
1943
|
(Act No. VI of 1943)
|
The Punjab Maternity Benefit Act, 1943
|
|
|
7
|
1948
|
(Act No. XI of 1948)
|
The East Punjab Molasses (Control) Act, 1948
|
|
|
8
|
1948
|
(Act No. XX of 1948)
|
The East Punjab Factories (Control of Dismantling) Act, 1948
|
|
|
9
|
1948
|
(Act No. XXII of 1948)
|
The East Punjab War Awards Act, 1948
|
|
|
10
|
1950
|
(Act No. VI of 1950)
|
The Punjab Abolition of Village Cess (Kuri Kamini) Act, 1950
|
|
|
11
|
1953
|
(Act No. XVII of 1953)
|
The Punjab Silkwork Seed Control Act, 1953
|
|
|
12
|
1954
|
(Act No. VIII of 1954)
|
The Punjab Entertainments Tax (Cinematograph Shows) Act, 1954
|
|
|
13
|
1954
|
(Act No. XII of 1954)
|
The Punjab Tobacco Vend Fees Act, 1954
|
|
|
14
|
1955
|
(Act No. IX of 1955)
|
The Punjab Public Service Commission (Additional Functions)
Act, 1955
|
In section 3, before the word "recruitment" insert
the words "or the Patiala Municipal (Executive Officers)
Act, 2003"
|
|
15
|
1955
|
(Act No. XIV of 1955)
|
The Punjab Co-operative Socities Act, 1954
|
In section 25 and sub-section (2) of section 26, for the
figure "23" the figure "24" shall be
substituted.
|
|
16
|
1955
|
(Act No. XVI of 1955)
|
The Punjab Entertainments Duty Act, 1955
|
|
|
17
|
1955
|
(Act No. 45 of 1956)
|
The Punjab Bhudan Yagna Act, 1955
|
After caluse (e) of section 25, the following new clause
shall be added, namely :-"(f) If a cooperative farming
society is formed in the village, he shall if so required by the
Revenue Officer become a member of the co-operative farming
society and abide by its bye-laws and regulations."
|
II
----
Extension of Central Regulations
(See Section 4)
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Year
|
Number of the Regulation
|
Short title
|
Amendments
|
|
1
|
2
|
3
|
4
|
5
|
|
1
|
1798
|
(Regulation No. 1 of 1798)
|
The Bengal Land (Conditional Sales) Regulation, 1978
|
|
|
2
|
1806
|
(Regulation No. XVII of 1806)
|
The Bengal Land (Redemption of Foreclosure) Regulation, 1806
|
|
|
3
|
1825
|
(Regulation No. XI of 1825)
|
The Bengal Alluvion and Dilluvion Regulation, 1825)
|
|
III
-----
Repeals
(See Section 6)
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Year
|
Number of the Act
|
Short title
|
Amendments
|
|
1
|
2
|
3
|
4
|
5
|
|
1
|
1994 Bk.
|
(Patiala State Notification No. 4, dated 25th Har, 1994 Bk.)
|
Patiala State Notification No. 4, dated 25th har, 1994, Bk.
enforcing the Punjab Land Revenue Act, 1887, in the erstwhile
Patiala State.
|
|
|
2
|
...
|
(Patiala Council of Regency's order enforcing the Punjab
Tenancy Act, 1887 and the Patiala Tenancy (Amendment) Act, 1997
Bk.)
|
Patiala Council of Regency's order enforcing the Punjab
Tenancy Act, 1887 in the erstwhile Patiala State with effect
from 16th August 1901, and the Patiala Tenancy (Amendment) Act,
1997
|
|
|
3
|
2001 Bk.
|
(Foreign Ministry Patiala notification No. Leg/12 dated
1-2-2001 Bk/13th May, 1944).
|
Foreign Ministry (Legislation Branch) Patiala's notification
No. Leg/21, dated 1-2-2001 Bk./13th May, 1944, enforcing the
Punjab Pre-emption Act, 1913 in the Patiala State, as amended
by L.R. Patiala notification No. Leg/116, dated the 8th
December, 1944 A.D./4-9-2001Bk.
|
|
|
4
|
2002 Bk.
|
(1 of 2002 Bk.)
|
The Patiala Entertainments Duty Act, 2002 Bk.
|
|
|
5
|
2005 Bk.
|
(XVIII of 2005 Bk.)
|
The Patiala and East Punjab States Union Molasses (Control) Ordinance, 2005 Bk.
|
|
|
6
|
2006 Bk.
|
(Pepsu Ordinance No. XXVII of 2006 Bk.)
|
The Pepsu War Awards Ordinance, 2006
|
|
|
7
|
1917
|
(Ijlas-i-khas Order dated 3rd September, 19170
|
Ijlas-i-Khas Patiala's Order, dated the 3rd September, 1917,
applying the Cooperative Societies Act, 1912
|
|
|
8
|
2007 Bk.
|
(Pepsu Act No. II of 2007 Bk.)
|
The Patiala and East Punjab States Union State Aid to
Industries Act, 2007
|
|
|
9
|
2008 Bk.
|
(XXV of 2008 Bk.)
|
The Pepsu Manufactured Tobacco (Regulation of Possession and
Sale) Act, 2008 Bk.
|
|
|
110
|
1955
|
(Act No. 25 of 1955)
|
The Pepsu Boodan Yagna Act, 1955
|
|
|
65b97fc1ab84c7eca86e93ae | acts |
State of Punjab - Act
-----------------------
The Punjab New Mandi Townships (Development and Regulation) Rules, 1960
-------------------------------------------------------------------------
PUNJAB
India
The Punjab New Mandi Townships (Development and Regulation) Rules, 1960
=========================================================================
Rule THE-PUNJAB-NEW-MANDI-TOWNSHIPS-DEVELOPMENT-AND-REGULATION-RULES-1960 of 1960
-----------------------------------------------------------------------------------
* Published on 22 September 1960
* Commenced on 22 September 1960
The Punjab New Mandi Townships (Development and Regulation) Rules, 1960
Published vide Punjab Government Notification No. 2097-D(M) - 60/2673, dated 22.9.1960.
### 1. Short title.
- These rules may be called the Punjab New Mandi Townships (Development and Regulation) Rules, 1960.
### 2. Definitions.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Punjab New Mandi Townships (Development and Regulation) Act, 1960;
(b) "Form" means a form appended to these rules; and
(c) "Obnoxious trade" shall be deemed to be carried on in any site or a building, if the site or building is used for any of the following purposes :-
(i) melting tallow, dressing raw hides, boiling bones, offal or blood;
(ii) as a soap house, oil boiling house, dyeing house or tannery;
(iii) as a brick field, brick kiln, charcoal-kiln, pottery or lime kiln;
(iv) as any other manufactory, engine house, store-house or place or business from which offensive or unwholesome smells, gases, noises or smoke arise;
(v) as a yard or depot for trade in unslaked lime, hay, straw, thatching grass, wood, charcoal or coal or other dangerously inflammable material;
(vi) as a store-house for any explosive or for petroleum or any inflamable oil or spirit.
### 3. Mode of selling lands and buildings.
- [Sections 3(2) and 25(a)]. - [(1) The lands and buildings in New Mandi Townships shall be sold by the State Government by public auction or allotment. In the case of sale by public auction, the sale price shall be reserve price or the price offered by the highest bidder whichever is higher. In the case of sale by allotment, the sale price shall be the reserve price, which shall be determined by the State Government from time to time keeping in view the market price thereof.]
[Vide GSR 40-PA-2/60/S-25/Amd.(3) 71, dated 10.7.1971.]
(2) Before holding an auction the Administrator shall, at least fifteen days before the date of auction, publish a notice in Form 'A'.
(3) The notice in Form 'A' shall be published by affixing a copy thereof at the office of the Administrator and at such conspicuous places in the locality, in which the property to be sold is situate, as the Administrator may think fit. The notice shall also be published in one of the newspapers having circulation in that locality.
(4) The final bid which is accepted by the Administrator shall be subject to the approval of the State Government.
### 4. Terms and conditions of auction.
- [Section 25(a) ]. - The sale of lands or buildings put to auction shall be subject to the terms and conditions given in Form 'A' and the provisions of the Act and these rules.
### 5. Order of allotment.
- [Section 3(2) ]. - The Administrator shall, after a bid is sanctioned by the State Government, issue an order of allotment in favour of the transferee.
(2) The transferee shall execute a deed of conveyance in Form 'B' within a period of six weeks of the date of issue of the order of allotment.
### 6. Additional conditions of sale of cinema sites.
- [Sections 3(2) and 25(a)]. - (1) The erection of building on the cinema site shall conform to the provisions of the Punjab Cinemas (Regulation) Act, 1952, and the rules framed thereunder.
(2) Subrule (2) omitted vide GSR 106/PA-2/60/S-25/Amd.(5)/80, dated 9.12.1980.
### [7. The manner in which consideration money for transfer shall be paid.
- [Section 25(b) ]. - (1) Twenty-five per cent of the amount of bid accepted by the auctioning officer shall be paid on the spot by the auction purchaser in cash or by means of Demand Draft [ - ]
[Omitted vide GSR 169/PA-2/60/S- 25/Amd.(2) /80, dated 31.7.1965.]
payable to the Administrator and drawn at any Scheduled Bank situated at a station where a branch of the State Bank of India is functioning.
(2) The balance of the sale price shall be paid along with interest at the rate of [6]
[Substituted by GSR 97/PA-2/60/S-25/Amd.(4) /72, dated 21.11.1972.]
per cent, per annum in -
(a) six equated half-yearly instalments in the case of commercial plots; and
(b) three equated annual instalments in the case of residential plots.
(3) The first instalment shall be payable six months after the date of issue of the order of allotment in the case of commercial plots and one year in the case of residential plots.
(4) Interest shall accrue from the date of issue of the order of allotment but no interest shall be payable if the balance is paid within a period of thirty days of the date of receipt of the order of allotment by the transferee.
(5) Each instalment shall be remitted by transferee to the Administrator in manner provided in sub-rule (1).
### 8. Service of notice.
- [Sections 12 and 25(g) ] - In case an instalment is not paid by the transferee by the tenth of the month following the month in which it falls due a notice in Form C shall be served on the transferee calling upon him to pay the instalment within a month together with a penalty which may extend to ten per cent of the instalment payable. If the payment is not made within the said period or such extended period as may be allowed by the Administrator, the Administrator may, without prejudice to any other remedy available under the Act or these rules, proceed to have the same recovered as an arrear of land revenue.
### 9. Manner of service of notice.
- [Section 2(g) ] - The notice in Form 'C' may be served on an individual or a group of individuals either personally or by fixation on a prominent part of the land or building or by the beat of drum [or by registered post.]
[Added by GSR 294/PA-2/60/Section25/63, dated 3.12.1963]
### 10. The form and manner in which appeals and applications under the Act may be filed and the Court fee leviable thereon.
- [Section 25(b) ]. - (1) Every appeal under sub-section (1) of section 15 shall be preferred in the form of memorandum signed by the appellant or his pleader and shall be accompanied by a copy of the order appealed against.
(2) The memorandum shall set forth, concisely and under distinct heads the grounds of objection to the order appealed against without any argument or narrative and such grounds shall be numbered consecutively.
(3) An application for revision under sub-section (3) of section 15 shall clearly specify the grounds on which the petitioner seeks to invoke the powers of revision.
(4) The memorandum of appeal shall bear a Court fee stamps of Rs. 1.25 and an application for revision a Court fee stamps of Rs. 2.65.
### 11. Delivery of possession.
- [Section 25(a) ] - The possession of the land or building sold under these rules shall be given after the date of issue of the order of allotment.
### 12. Use of site.
- [Section 25(a) ] - The transferee shall not use the site for a purpose other than that for which it has been sold to him and shall keep the property in good repair.
### 13. Time within which the building is to be erected.
- [Section 25(a) ] - The transferee shall complete the building within two years from the date of the issue of the order of allotment in accordance with the conditions prescribed by the State Government in this behalf, if any. This time limit may be extended by the Administrator for a period not exceeding six months if he is satisfied that the failure to complete the building within the said period was due to reasons beyond the control of the transferee. Beyond that sanction of the State Government shall be required on an application for extension of time.
### 14. Fragmentation.
-[ Section 25(n) ]. - No fragmentation of any site shall be made except with the previous permission in writing of the Administrator.
### 15. Plans.
-[ Section 25(a) ]. - Plans of construction shall be first got approved from the Administrator or the [Deputy Director, Colonisation, Punjab, Chandigarh.]
[Substituted vide Punjab Government Notification dated 12-2-1987.]
### 16. Prohibition of obnoxious trade.
- [Section 25(a) ]. - No obnoxious trade shall be carried on in or on any site or any building erected on a site except with the previous permission in writing of the Administrator.
Form 'A'
(See Rule 4)
Form of notice and conditions of Sale by Public Auction of building sites/buildings in the New Mandi Township
(a) Notice
Sale of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Description of the property, place and time of sale. - Notice is hereby given that the undersigned invites officers at public auction for the purchase of \_\_\_\_\_\_\_\_\_\_\_ being the property of the State Government.
(Here should be inserted the brief description of the property to be auctioned showing also where it is situated).
The auction will be held by the Administrator, New Mandi Township, [Punjab, Chandigarh] vide Punajb Notification dated 12-2-1987. and will commence at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a.m. on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
Plans showing full details of the property to the sold will be open to inspection on any working day during office hours at the office of the Administrator, New Mandi Township, Punjab, Chandigarh and the Deputy Director, Colonization, Punjab, Chandigarh, wherefrom further information can also be obtained and the plans, etc. can be obtained on payment.
(b) Conditions of sale
### 1. Bidding. - Offers will be received subject to a reserve price and to the right of the State Government through any of its agents or the auctioneer to bid up to or beyond such reserve price and to withdraw the property without declaring such reserve price. The Administrator shall have the right to reject any bid without assigning any reason or withdraw any property from auction. ###
2. Right of Government to accept or reject a bid. - Subject as aforesaid, the highest bid received by the auctioneer will be communicated to Government which may either accept or reject it without assigning any reason but the auctioneer may refuse to receive any bid.
### 3. Levelling of uneven sites. - Government will not be responsible for levelling uneven sites. ###
4. Settlement of disputes. - If any dispute arises respecting a bid the property shall be put up again for auction at last undisputed bid.
### 5. Auction in lot or lots. - The property may be put up for auction in one lot or in such lots as the Administrator may decide. ###
6. Initial Deposit. - Immediately after the close of the bidding the person making the bid, which is accepted by the auctioneer, shall pay to the Administrator as agent of the State Government a deposit of 25 per cent towards payment of his Purchase money in case his bid should be finally accepted by Government.
### 7. Memorandum of offer. - He shall also sign a memorandum of offer in the form annexed hereto. ###
8. Identity and errors of its description. - Bids will be invited by reference to Municipal street numbers or by reference to the number shown on the plan at the Administrator's office. The description of the several lots given therein is believed and shall be deemed to be correct and if any error shall be found therein the same shall not annul the sale nor shall any compensation be given in respect thereof.
### 9. Terms and conditions of sale. - The sale will be subject to the reservations in favour of the State Government which are set forth in the Conveyance deed given in Form B and the purchaser will be bound by the convenants contained therein. In particular the purchaser will be required to enter into a covenant not to use the property for any purpose other than that for which it is sold and not to convert the residential, commercial and industrial sites, one into the other and to keep the property in good repair. ###
10. Payment of taxes, cesses, etc. - The transferee shall pay all general and local taxes and cesses for the time being assessed on the site by a competent authority.
### 11. Fragmentation. - No fragmentation of any building site shall be allowed. ###
12. Delivery of possession. - The possession of the site shall be given to the transferee after the date of issue of the order of allotment.
### 13. Restriction on transfer. - Until the full price of the site has been paid, no transfer of any right or title or any interest in it shall be permitted without the previous sanction of the Administrator. The transferee, however, shall be permitted to let on a monthly basis a part or whole of the building erected on the site. ###
14. Time within which a building is to be erected. - The transferee shall complete the building within two years from the date of the issue of the allotment order in accordance with the conditions prescribed by the State Government in this behalf, if any. This time limit may be extended for a period not exceeding six months by the Administrator if he is satisfied that the failure to complete the building within the said period was due to reason beyond the control of the transferee. Beyond that sanction of the State Government shall be required on an application for extension of time.
### 15. How to make payments. - All payments shall be made in cash or by means of a Demand Draft payable to the Administrator and drawn on any Scheduled Bank situated at a station where a Branch of the State Bank of India is functioning. ###
16. Completion of the sale. - If the bid is accepted by Government, the sale shall be completed within six weeks from the date of issue of the allotment order. The transferee shall obtain deed of conveyance in Form B from the Administrator's Office and shall at least seven days before the date fixed for completion of sale, return the deed to the Administrator's Office duly stamped at his own expense and ready for execution.
### 17. Payment of balances. - Within the time fixed for the payment of the balance of the sale price, the transferee shall pay the balance and interest thereon in the manner specified in clause No. 15 above.
### 18. Forfeiture. - Should any transferee fail to observe or comply with any of the foregoing conditions, his deposit shall be forfeited to the State Government which may have the property resold by public auction. Any deficiency of price which may result on such resale shall be made good and paid by the defaulting purchaser.
### 19. Purchase by more persons than one. - No bid will be accepted in the name of a firm or in any name other than that of a single living person, unless the names of all the persons making the offer are given without any specification of shares and the person making the bid produces a Power of Attorney authorising him to bid on their behalf. No bid will be accepted in the name of more than seven persons; and if the bid is to be made in the name of an association, the bidder shall produce the necessary documents to show that the association has been duly registered and that he has the authority to bid and enter into an agreement of sale on its behalf.
### 20. Approval of construction plans. - Plans of construction would be first got approved from the Administrator, New Mandi Township, [Punjab, Chandigarh] vide Punajb Notification dated 12-2-1987. or the [Deputy Director, Colonisation, Punjab, Chandigarh.]
[Substituted vide Punjab Government Notification dated 12-2-1987.]
Memorandum of Offer
Particulars Of Plots Sold
I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_ of village \_\_\_\_\_\_\_\_\_\_\_\_\_\_, tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_, district \_\_\_\_\_\_\_\_\_\_\_\_\_ hereby acknowledge that I have this day made an offer for the purchase of the property described in the Schedule below, subject to the provisions of the Punjab New Mandi Townships Act, 1960, and rules framed thereunder and the conditions contained in Form 'A' at the price of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rupees and have paid to the Administrator/ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as auctioneer the sum of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rupees by way of deposit in part-payment and I hereby agree to pay the balance along with interest and to complete the purchase in accordance with the aforesaid conditions, if my offer is accepted by Government.
As witness my hand this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of
(Signature of purchaser)
| | |
| --- | --- |
|
Purchase money
|
Rs.
|
|
Deposit paid
|
Rs.
|
|
Balance due
|
Rs.
|
Certificate
I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Administrator hereby certify that \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_, village \_\_\_\_\_\_\_\_\_\_\_\_\_\_, tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, district \_\_\_\_\_\_\_\_\_\_\_\_\_\_ has given the highest bid of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_, on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_, day of \_\_\_\_\_\_\_\_\_\_\_ for the undermentioned property and has deposited the amount indicated above in the Memorandum of offer.
Schedule
----------
(Signature of Administrator,
New Mandi Townships)
Form 'B'
(See rule 5)
Deed of conveyance of land/building in the \_\_\_\_\_\_\_\_\_\_\_\_\_ sold by auction Shop/Residential site to be used as a site for/Shop and Residential House Combined /Factory.
This indenture made the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ between the Governor of Punjab (hereinafter called the vendor) of the one part and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the Punjab (hereinafter called the vendee) of the other part;
Whereas the land/building hereinafter described and intended to be hereby conveyed was owned by the vendor in full proprietary rights and the same then described as lot No. \_\_\_\_\_\_\_\_ (hereinafter referred to as the said property) was put up for sale by the public auction by the vendor at \_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_;
And whereas the vendee bid at the said auction the sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for the said property and paid to the vendor the sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ by way of deposit towards payment of twenty-five per cent of the purchase money pursuant to a condition of sale in that behalf;
And whereas the sale of the aforesaid property in favour of the vendee has been sanctioned by the Government;
And whereas on the said \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the vendee had signed a Memorandum of offer whereby he agreed to pay the vendor the remainder or balance of the purchase money along with interest and to complete the purchase according to the said conditions of sale and to comply with the said conditions of sale and each and every one of them.
And whereas the said conditions of sale provide among other things for the execution of a deed of conveyance between the parties within a period of six weeks of the date of issue of the orders of allotment;
And whereas the order of allotment was issued on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_;
Now, therefore, this indenture witnesseth that in pursuance of the said agreement and for the purpose of carrying into effect that said sale and in consideration of the covenants of the vendee hereinafter contained and of the said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ paid by the vendee as hereinafter before mentioned (the receipt of which the vendor hereby acknowledges) the vendor as beneficial owner hereby grants and conveys to the vendee.
All that aforesaid property described in the Schedule hereto attached and more particularly delineated in the plans filed in the office of the Administrator signed by the Administrator aforesaid and dated the day \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19 .
To have and to hold the same unto and to the use of the vendee in full proprietary right for ever subject nevertheless to the provisions of the Punjab New Mandi Townships (Development and Regulation) Act, 1960, and rules framed thereunder and the exceptions, reservations, conditions and covenants hereinafter contained and each of them, that is to say :-
(1) The vendor reserves to himself all mines and minerals whatsoever in, under or upon the said property with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying, the same at all such times and in such manner as the vendor shall think fit, with powers to carry out any surface or underground working and to sink pits, erect buildings, construct lines, and generally to appropriate and use the surface of the said lands for the purpose of doing all such things, as may be convenient or necessary for the full enjoyment of the exceptions and reservations hereinbefore contained :
Provided that the vendee shall be entitled to receive from the vendor such payment for the occupation by it of the surface and for the damage done to the surface or to buildings on the plot by such works or workings or letting down as may be agreed upon between the vendor and the vendee or failing such agreement as shall be ascertained by reference to arbitration.
(2) The property is sold subject to the payment of land revenue.
(3) The vendee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said property by competent authority.
(4) The vendee shall complete to the satisfaction of the Administrator. Shop/the construction of the said Residential site/Shop and residential house combined/Factory within two years of the date of the issue of allotment order; provided that the time under this clause may be extended by the administrator in case the failure to complete the building by the stipulated date was due to reasons beyond the control of the vendee.
(5) The vendee shall at all times keep and maintain the said
Shop
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Residential site/Shop and residential house combined Factory incluing the upper storey or storeys if any, in a proper state of repair and to the satisfaction of the Administrator.
(6) The vendee shall not dig or cause to be dug any pit upon the said property.
Shop
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Residential house
(7) The vendee shall not use the said Shop/Shop and residential house combined/Factory to be erected on the said property as aforesaid for any purpose inconsistent with that for which the said property is hereby granted. Shop/ Residential site that is for any purpose other than that of/Shop and residential house combined/Factory or permit the same to be used.
(8) The vendee shall pay the balance amounting to Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ along with interest calculated at the rate of 5 per cent per annum from the date of issue of the order of allotment in \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ half- yearly/yearly instalments, the first instalment being payable on or before \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
(9) The vendor may by his officers and servants and at all reasonable times; and in a reasonable manner after 24 hours notice in writing enter in and upon any part of the said property or building erected thereon for the purpose of ascertaining that the vendee has duly performed and observed the covenants under these presents.
(10) The vendor shall have full rights, power and authority at all times to do all acts and things which may be necessary and/or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and to recover from the vendee as a first charge upon the said property and the building thereon the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(11) In the event of breach or non-observance by the vendee or his legal representative of any of the covenants herein on his part to be observed then, and in any such case, it shall be lawful for the vendor, notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said property or building thereon or any part thereof in the name of the whole, and to repossess, retain and enjoy the same as of his former estate and the vendee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.
(12) In the event of any dispute or difference at any time arising between the vendor and the vendee as to the true intent and meaning of these presents and of each and every provision thereof the property and rights hereby reserved or any of them or in any manner incidential or relating thereto, the said dispute or difference shall be referred to the Secretary to Government \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Department whose decision thereon shall be final and binding on the parties thereto.
(13) If and so long as the vendee shall fully perform and comply with and shall continue to so perform and comply with each and all of terms and conditions herein made and provided but not otherwise the vendor will secure the vendee in full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.
And it is hereby agreed and declared that unless different meaning shall appear from the context, -
(a) the expression 'vendor' used in these presents shall include in addition to the State Government, the successors and assignees of the Government of Punjab and in relation to any matter or thing contained in or arising out of these presents every person duly authorised to act for or to represent the Government of Punjab in respect of such matter or thing;
(b) the expression 'vendee' used in these presents shall include, in addition to the said \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ his lawful heirs, successors, representatives, assigns, transferees, lessees and any person or persons in occupation of the said land or building erected thereon.
In witness thereof the parties hereto have here unto respectively subscribed their names at the places and on the dates hereinafter in each case specified.
Signed by
| | |
| --- | --- |
|
for and on behalf of the Governor of the Punjab
|
Administrator , New Mandi Townships,[Punjab, Chandigarh]
[Vide Punajb Notification dated 12-2-1987.]
.. Vendee
|
This day of \_\_\_\_19 \_\_ on the \_\_\_\_\_\_\_ Signed by the said at \_\_\_ day of 19 \_\_\_
in the presence of witnesses
### 1. Name Residence and occupation Witness ###
2. Name Residence and occupation Witness
Schedule 2
------------
[Certified that vendee and the witnesses have signed the document in my presence and their signatures are hereby attested.
(Signatures of M.P./M.L.A./M.L.C./Municipal Commissioner/Sarpanch/Magistrate/Revenue Officer not below the rank of Naib-Tehsildar.
Note. - The above certificate will be essential where the deed is not signed by the vendee and his witnesses in the presence of the Administrator).]
Form 'C'
(See rule 8)
Under Postal Certificate : No (Sales) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
office of the Administrator, New Mandi Townships, punjab [Chandigarh]
[Substituted vide GSR14/PA2/60/525Amd(6) /87, dated 12.2.1987.]
To
Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Whereas you purchased Mandi Shop/Booth/Residential/Industrial Plot No. \_\_\_\_\_\_\_\_ in Mandi town \_\_\_\_\_\_\_\_\_\_, and whereas the \_\_\_\_\_\_\_\_\_\_\_instalment of the sale price payable on \_\_\_\_\_\_\_\_\_\_ has not been paid so far. Please take notice, therefore, that you should pay Rs.\_\_\_\_\_\_\_\_\_ as the \_\_\_\_\_\_\_\_\_\_ instalment of the sale price plus Rs. \_\_\_\_\_\_\_\_\_\_\_\_ on account of penalty at the rate of Rs. \_\_\_\_\_\_\_\_\_\_ per cent of the instalment due, on or before \_\_\_\_\_\_\_; failure which I shall take action to recover the same as arrears of land revenue.
Issue under my hand and the seal this \_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 19.
Administrator, New Mandi Townships, Punjab, [Chandigarh.]
[Substituted vide GSR14/PA2/60/525Amd(6) /87, dated 12.2.1987.]
[Added by Punjab Government Agriculture Department Notification No. GSR 176/PA- 2/60/Section/25/Amd.(1) 64, dated 14.6.1964.]
|
65ba01c0ab84c7eca86ea700 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Conduct of Education Common Entrance Test for admission into B.Ed. Course Rules, 2004
------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Conduct of Education Common Entrance Test for admission into B.Ed. Course Rules, 2004
======================================================================================================
Rule ANDHRA-PRADESH-CONDUCT-OF-EDUCATION-COMMON-ENTRANCE-TEST-FOR-ADMISSION-INTO-B-ED-COURSE-RULES-2004 of 2004
-----------------------------------------------------------------------------------------------------------------
* Published on 5 July 2004
* Commenced on 5 July 2004
Andhra Pradesh Conduct of Education Common Entrance Test for admission into B.Ed. Course Rules, 2004
Published vide Notification No. G.O. Ms. No. 72, Education (SE.TRG.I), dated 5.7.2004
Last Updated 26th October, 2019
No. G.O. Ms. No. 72. - In exercise of the powers conferred by Sections 3 and 15 of Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act 5 of 1983) and in supersessions of the Andhra Pradesh Colleges of Education Common Entrance Test Rules, 2003 for admission into B.Ed. Course, issued in G.O.Ms.No. 38, School Education (SE.Trg.I) Department, dated the 27th March, 2003, the Governor of Andhra Pradesh hereby makes the following Rules for the conduct of Common Entrance Test for admission into B.Ed. Course in the State.
### 1. Short title and applicability.
- (i) These rules may be called "the Andhra Pradesh Conduct of Education Common Entrance Test for admission into B.Ed. Course Rules, 2004".
(ii) They shall apply for admission into B.Ed. Course offered by Colleges of Education (Minority and Non-Minority) in the State.
(iii) They shall come into force with immediate effect.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires:
(i) "Act" means the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983.
(ii) "Association of Colleges" means the association of colleges formed for the purpose of conducting Education Common Entrance Test Ed.CET - AC and recognized by the Andhra Pradesh State Council of Higher Education.
(iii) "Chairman" means the Vice-Chancellor of any University in the State or Commissioner and Director of School Education, nominated by the Chairperson of the State Council for each academic year for conducting and discharging the functions as specified relating to Ed.CET held by the State. He/She shall also be the Chairperson of the CET Committee.
(iv) "Committee of Ed.CET" means the committee empowered to conduct Ed.CET and to prepare to merit list of the candidates as per the marks obtained in the Ed.CET for admission into [\*\*\*]
[Omitted 'Convener Seats and the Management Seats in' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
Colleges of Education which agree to make admissions into B.Ed. Course based on ranking in Ed.CET.
(v) Committee of Ed.CET - AC means the Committee empowered by the Association of Colleges to conduct Ed.CET-AC for admission into B.Ed. Course and to prepare the merit list of the candidates as per the marks obtained in the above test for admission into [Permanent Committee be substituted with AFRC]
[Substituted 'Management seats in' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
B.Ed. Course, subject to the supervision of Permanent Committee.
(vi) "Competent Authority" means the Chairperson of the Andhra Pradesh State Council of Higher Education.
(vii) "Convener" means a persons, not below the rank of a professor / Joint Director of School Education, Govt, of Andhra Pradesh appointed by the Competent Authority in consultation with Chairman for conducting the Ed.CET and performing such other functions relating to the said test as entrusted to him by the Competent Authority.
(viii) [ "Convener Seats" means the seats earmarked from out of the sanctioned intake of seats in an institution to be filled by the Convener.]
[Substituted by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
(ix) "Education Common Entrance Test" (herein after called Ed.CET) means test conducted for assigning rank by merit to the candidates which will be the basis for entry into B.Ed. Course.
(x) [ "Education Common Entrance Test of Association of Colleges", (herein after called Ed.CET-AC) means the Examination conducted by Association of Colleges of education for assigning merit ranking to candidates which shall be the basis for admission of candidates to the said Colleges in the State offering B.Ed. Course.]
[Substituted by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
(xi) [ ]
[Omitted 'Management Seats means the seats earmarked from out of the sanctioned intake of seats to be filled by the Managements of the Private Un-aided Colleges of Education offering B.Ed. course.' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
(xii) [ "Admissions and Fee Regulatory Committee" herein after called AFRC means the committee constituted by the Government for regulation the admissions and fixation of fees to be charged from the candidates seeking admission into Private Unaided Minority and non-Minority Professional Institutions and to ensure that the EdCET-AC conducted by the Association of colleges is fair and transparent.]
[Substituted by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
(xiii) "Qualified Candidate" means the candidate who has appeared for the Ed.CET/Ed.CET-AC and has been assigned a rank in the common merit list and has eligibility as per the criteria laid under Rule 3.
(xiv) "Qualifying Examination" means the examination of the minimum qualification prescribed for, appearance or passing as laid down under Rule 3.
(xv) "State Council" means the Andhra Pradesh State Council of Higher Education constituted under Andhra Pradesh State Council of Higher Education Act, 1988 (Andhra Pradesh Act 16 of 1988).
(xvi) "University" means the University concerned in which the B.Ed. Course is offered.
(2) Words and expressions used but not defined in these rules shall have the same meaning assigned to them under the Andhra Pradesh Educational Institution (Regulation of admission and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act 5 of 1983).
### 3. Eligibility for appearing to the Ed.CET or Ed.CET-AC.
- Candidates satisfying the following requirements shall be eligible to appear for Ed.CET or Ed.CET-AC.
(i) The candidates should be Indian Nationals.
(ii) The candidates should satisfy local/ non-local status requirements as laid down in the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 as subsequently amended.
(iii) Educational Qualifications. - [(a) Candidates should have secured 50% marks either in the Bachelors Degree i.e. B.A/B.Sc/B.Com/B.Sc (Home Science) /BCA/BBM and/or in the Masters Degree or any other qualification equivalent thereto.
[Substituted by Notification No. G.O.Ms. No. 9, dated 9.3.2010 (w.e.f. 5.7.2004).]
(b) Candidates belonging to all other reserved categories should have secured 40% marks in the qualifying examination.]
(iv) Age Limit. - The candidates should have completed the age of 19 years as on 1st July of the year in which notification is issued. There shall be no maximum age limit.
Part - A
### 4. Education Common Entrance Test (Ed.CET).
- (i) The Ed.CET shall be conducted by a Convener, appointed by the competent authority and shall be held on such date and centers as may be specified by State Council in consultation with the Ed.CET Committee.
(ii) The Convener of Ed.CET shall give a notification in the popular daily News Papers as decided by Ed.CET Committee calling for the applications in the prescribed form from the candidates satisfying eligibility criteria as laid down in Rule 3.
(iii) The notification, among other things, shall indicate the Cost of application including Registration fee and Entrance Test Fee, the last date for receipt of the duly filled in applications and the date of conduct of Ed.CET.
(iv) The Date of the entrance test as notified above shall not be revised without the prior permission of the Government.
(v) The Medium of Ed.CET shall be English, Telugu and Urdu Languages.
(vi) The subjects and Syllabus of Ed.CET shall be as prescribed by Ed.CET Committee.
(vii) The qualifying marks in Ed.CET for ranking for General Candidates shall be [25%]
[Substituted '35%' by Notification No. G.O.Ms. No. 30, dated 20.2.2008 (w.e.f. 5.7.2004).]
of the aggregate marks. However, there shall be no minimum qualifying marks for the candidates belonging to the category of Scheduled Caste and Scheduled Tribes for ranking.
(viii) The candidates who have obtained qualifying marks in the Entrance Test shall be assigned ranking for each methodology in the order of the merit on the basis of the aggregate marks obtained in the Entrance Test.
(ix) Mere appearance at the Entrance Test does not automatically entitle a candidate to be considered for entry into B.Ed. Course unless the candidate satisfies the requirement of eligibility as laid down under Rule 3 and other criteria laid down in the Rules for Admission.
(xi) If any ambiguity or doubt arises in the interpretation or implementation of any of the rules, the decision of Chairman shall be final.
### 5. Preparation of the Merit List and assigning rank in (Ed.CET).
- (i) The candidate who have secured qualifying marks in Ed.CET [\*\*\*]
[Omitted 'and candidates belonging to the category of Scheduled Caste and Scheduled Tribes to whom qualifying marks have not been prescribed' by Notification No. G.O.Ms. No. 9, dated 9.3.2010 (w.e.f. 5.7.2004).]
, shall be assigned the rank in the order of the merit on the basis of marks obtained in all the subjects/parts in which entrance test has been conducted.
(ii) [ The Common Entrance Test Committee shall prepare the following categories of merit list separately for each of the methodologies, namely Mathematics, Physical Sciences, Biological Sciences and Social Studies and English.]
[Substituted by Notification No. G.O.Ms. No. 30, dated 20.2.2008 (w.e.f. 5.7.2004).]
(iii) For the preparation of merit list, in case of more than one student scoring the same marks at Ed.CET. the tie shall be resolved to decide the relative ranking as follows:
(a) In case of tie in the aggregate, marks obtained in Part "C" (content background) and Part - "A" (General English) of the Test paper in that order shall be taken into account to decide relative ranking.
(b) In the case of candidates getting equal marks in each of the parts of the test paper, age shall be taken into consideration for relative ranking among such candidates, and the older candidates shall be given priority.
(iv) The following rank lists shall be prepared by the Convener:
(a) State-wide Common Merit List: The list shall include candidates irrespective of whether one belongs to any category of reservation quota or not, basing on the marks obtained in the Ed.CET.
(b) Local Area - wise Common Merit List: The list include candidates belonging to the particular local area irrespective of whether one belongs to any category of reservation quota or not basing on the marks obtained in the Ed.CET.
(c) Concerned Minority Community Merit Lists:- They include merit lists, containing the candidates belonging to the different Minority Communities arranged in the Merit ranking assigned in the Ed.CET, both State wide and Local Area-wise.
(d) Community-wise Merit Lists:-There shall be separate Community-wise merit lists for the Scheduled Castes, Scheduled Tribes and Backward classes Communities, both as State-wide and Local Area-wise;
[\*\*\*]
[Omitted '(e) Merit list for other categories of reservations: There shall be separate lists for other categories of reservations as per the orders in force for Physically Handicapped, NCC, Games and Sports, Children of Ex-servicemen and for women both State-wide and Local Area-wise.' by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
(e) []
[Renumbered '(f) ' by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
Every candidate who has been assigned ranking in the merit list shall be issued Rank Card by the Convener. The Rank Card, among other things, include the marks obtained in the Ed.CET and the rank assigned in the state wide merit, Local Area-wise merit, Community-wise merit, religion etc.,
(f) []
[Renumbered '(g) ' by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
Mere mentioning religion in the Rank Card as claimed by the candidate shall not entitle the candidate a Minority Status. It needs to be proved later as per rules.
### 6. Constitution of Ed.CET Committee.
- The competent authority shall constitute the Ed.CET Committee to deal with the matters connected with the test.
The Committee shall consist of the following:-
(i) Chairman, who shall be the Vice-Chancellor of any University/ Commissioner and Director of School Education nominated by the competent authority for each academic year for the purpose of conducting Ed.CET.
(ii) One representative of each of the University to be nominated by the Competent Authority in consultation with the Vice-Chancellor concerned.
(iii) The Director of School Education Andhra Pradesh or his nominee not below the rank of Joint Director in case he is not nominated as Chairman.
(iv) One representative of State Council nominated by the competent authority.
(v) Convener of the Entrance Test of the preceding year.
(vi) Convener, who should be not below the rank of a Professor/Joint Director of School Education appointed by the competent authority in consultation with Chairman of the Ed.CET Committee.
(vii) One Principal, of a private college to be nominated by the competent authority for each academic year by turn.
### 7. Functions of the Ed.CET Committee.
- The Ed.CET Committee shall take decisions on the following issues relating to the Ed.CET:
(i) Pattern of question papers:
(ii) Duration of the test.
(iii) Weightage and marks to be assigned to each paper
(iv) Syllabus content
(v) Centres for conducting the test
(vi) Date of the test
(vii) Date of announcement of results
(viii) Norms for payment of remuneration for different items of works connected with Entrance Test.
(ix) Fees to be collected from the candidates, and such other issue or issues as may be referred to it by the Chairperson of the State Council of Higher Education from time to time.
### 8. Functions of the Chairman of the Ed.CET Committee.
- (i) Chairman of the Committee shall preside over all the meetings of the committee in his absence, he may nominate one of the members of the committee to preside over the meetings.
(ii) The Chairman of the Committee shall be the competent authority to appoint paper setters and moderators for the entrance test and to decide upon the printing press or presses at which the papers are to be got printed.
(iii) The Chairman may appoint a competent Officer to assist the Convener.
### 9. Functions of the Convener of the Ed.CET Committee.
- The Convener of the Ed.CET shall subject to such directions as may be issued by the Chairman to discharge his duties in the matters relating to the Ed.CET. The Convener, is specifically responsible for discharging the following functions:
(i) The printing of application form of Ed.CET
(ii) Issuing the notification inviting application for the Entrance Test.
(iii) Sale of application forms and issue of Hall - Tickets.
(iv) Appointment of Co-ordinators/Chief Superintendents/Observers of various Test Centers.
(v) Coding and decoding of Response sheets (Answer Scripts)
(vi) Appointment of Members of confidential team for assisting computer process in valuation of answer scripts
(vii) Payment of remuneration for various items/services utilized for the purpose of Ed.CET.
(viii) Maintenance and submission of accounts to the State Council.
(ix) Preparation of Key answers through a committee consisting of Professors of Universities, Teachers of Under-Graduate Colleges and Teachers of Intermediate Colleges in consultation with the Chairman.
(x) Publication of results and dispatch of Rank Cards to the qualified candidates.
(xi) Such other duties as entrusted by the Chairman.
### 10. Funds for the conduct of the Ed.CET.
- (i) The amounts that are collected from the candidates towards cost of the application and the examination fee shall be directly credited into the account of the Secretary, Andhra Pradesh State Council of Higher Education, Hyderabad.
(ii) The Convener shall draw advances from the Andhra Pradesh State Council of Higher Education to incur necessary expenditure for items/services connected with the Ed.CETT and submit for audit to the Local fund Audit and report thereof be submitted to the Andhra Pradesh State Council of Higher Education.
### 11. Special Direction from the Government.
- In the event of any malpractice or leakage of question paper or in any other circumstances leading to the stopping of Ed.CETT as scheduled, the Government may for the reasons to be recorded in writing, direct for the conduct of a Re-examination of the Ed.CETT. In such an event the Andhra Pradesh State Council of Higher Education or any other body so nominated by the Government shall cause the Ed.CET Reexamination to be conducted by appointing/ nominating such functionaries or committees as considered necessary, without levying any extra charge from the candidates for this purpose.
Part B
--------
### 12. Education Common Entrance Test - Conducted by Association of Colleges of Education (Education Common Entrance Test of Association of Colleges).
(a) Association of Colleges of Education - Formation and its Functions:
(i) There may be an association of colleges of Education recognized by State Council as defined in sub-rule (2) (ii) of these Rules to conduct Ed.CET-AC.
(ii) [ the Secretary(s) of the Association(s) of colleges formed as in clause (1) above shall intimate their formation, rules and bye-laws and the names of Office bearers and member colleges to the Competent Authority and AFRC before a date stipulated by the Competent Authority. The State Council shall accord recognition to the Association(s) who submit the above particulars and documents before the stipulated date.
[Substituted by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
(ii) (a)
All the Association of colleges shall form a Confederation of Association to conduct only one EdCET-AC irrespective of the number of Associations recognized by the Station Council under the above clause.]
(iii) [ The [AFRC]
[Substituted by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
shall invite options from the Managements of [\*\*\*]
[Omitted 'all' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
B.Ed., Colleges for admitting their students either through Education Common Entrance Test or Education Common Entrance Test of Association of Colleges.]
(iv) The option of choosing, between Ed.CET or Ed.CET - AC shall be exercised by the Managements of the colleges [\*\*\*]
[Omitted 'to fill Management Seats' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
and shall be intimated in writing before a stipulated date to the Competent Authority and the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
. In case of failure on the part of any management to exercise their option it shall be construed that they shall admit the candidates into their colleges for the Management Seats only on the basis of the rank at Ed.CET conducted by the Convener in which case the convener for admission shall approve the above admissions.
(b) Constitution of Committee of Ed.CET-AC. - The Association of Colleges with eminent members and academicians concerned to Education shall constitute the Committee of Ed.CET-AC. A member of this committee shall be appointed as Convenor of the Committee of Ed.CET-AC to discharge functions as assigned by the Committee of Ed.CET-AC.
### 13. Functions of Committee of Ed.CET-AC.
- (i) Ed.CET-AC Committee shall be responsible for conducting in fair and transparent manner subject to supervision of [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
and it shall submit the proposed question papers, the names of the paper setter and examiners and the method adopted to ensure that papers are not leaked, whenever such information is called for by the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
.
(ii) The Committee of Ed.CET-AC shall preserve the question paper and the answer papers for the period as indicated by the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
.
(iii) After holding Ed.CET-AC and declaration of results of Ed.CET-AC, each member college or Association of Colleges shall immediately display the merit lists on the notice Board of all colleges which have choosen to admit students on the basis of rank obtained at Ed.CET-AC.
(iv) Committee of Ed.CET-AC shall also communicate a copy of the merit list forthwith to the competent authority and the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
.
(v) Committee of Ed.CET-AC shall follow the same guidelines as prescribed in Rule 4 for conduct of test, minimum qualifying mark etc., for declaration of results and assigning merit ranks.
(vi) Committee of Ed.CET-AC shall follow the guidelines prescribed in Rule 5 in preparing the merit list and assigning the rank, tie break in case of more than one student scoring the same marks at Ed.CET-AC, preparation of Rank Lists and issuing of Rank Cards.
### 14. Funds for the conduct of Ed.CET-AC.
- The amounts that are collected from the candidates towards cost of application and examination fee shall be utilised to meet the expenditure for items/services connected with the Ed.CET-AC. Accounts shall be subjected to audit and report thereof shall be submitted to the competent authority and [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
.
### 15. Special direction from [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
.
- (i) In the event of any malpractice or leakage of question paper or in any other circumstances leading to the stopping of Ed.CET-AC as scheduled, the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
may issue necessary directions to the committee of Ed.CET-AC to conduct re-examination for the reasons to be recorded in writing without collecting any fees for such re-examination.
(ii) [ If the [AFRC]
[Added by Notification No. G.O.Ms. No. 61, dated 15.7.2006 (w.e.f. 5.7.2004).]
is of the opinion that the conduct of the Ed. CET-AC including the procedure adopted is neither fair nor transparent, it may, after giving opportunity to the concerned, recommended to the Competent Authority to step in to take appropriate steps to conduct re-examination. In such an event the Association of the Colleges shall reimburse the expenditure incurred in that regard as directed by the Competent Authority.]
Part C
--------
### 16. Adoption of own admission procedure.
- Any institution which has been established and permitted to adopt its own admission procedure for last, at least (25) years shall submit the records to the [AFRC]
[Substituted 'Permanent Committee' by Notification No. G.O.Ms. 55, dated 7.8.2007 (w.e.f. 5.7.2004).]
and obtain permission to adopt its own admission procedure. Such Colleges shall follow all procedure of fair, transparent and merit based selections.
|
65b990b5ab84c7eca86e95dc | acts |
State of Meghalaya - Act
--------------------------
The Meghalaya Amusements and Betting Tax (Amendment) Act, 1981
----------------------------------------------------------------
MEGHALAYA
India
The Meghalaya Amusements and Betting Tax (Amendment) Act, 1981
================================================================
Act 9 of 1981
---------------
* Published on 10 April 1981
* Commenced on 10 April 1981
The Meghalaya Amusements and Betting Tax (Amendment) Act, 1981
(Meghalaya Act
No. 9 of 1981
)
Last Updated 19th February, 2020
[As passed by the Assembly]
[Received the assent of the Governor on the 10th April, 1981]
[No. LL. 81/81/12, dated the 11th April, 1981.]
[Published in the Gazette of Meghalaya, Extraordinary, dated 13th April, 1981.]
- The following Act of the Meghalaya Legislative Assembly which received the assent of the Governor is hereby published for general information.
An Act further to amend the Meghalaya Amusements and Betting Tax Act (Assam Act VI of 1939), as adopted by Meghalaya (hereinafter referred to as the principal Act)
Be it enacted by the Legislature of Meghalaya in the Thirty-second year if the Republic of India as follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the Meghalaya Amusements and Betting Tax (Amendments) Act, 1981.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
### 2. Amendment of Section 3 (1) (b) of the principal Act.
- In the principal Act, in Clause (b) of sub-section (1) of Section 3,-
(i) in item (i), for the figures "35", the figures "50" shall be substituted;
(ii) in item (ii), for the figures "70", figures "80" shall be substituted; and
(iii) in item (iii), for the figures "80", the figures "100" shall be substituted.
|
65ba8baaab84c7eca86ec011 | acts |
Union of India - Act
----------------------
Convention Between the Government of the Republic of India and the Government of the Republic of Uganda for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
Convention Between the Government of the Republic of India and the Government of the Republic of Uganda for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
===================================================================================================================================================================================================================
Rule CONVENTION-BETWEEN-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-INDIA-AND-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-UGANDA-FOR-THE-AVOIDANCE-OF-DOUBLE-TAXATION-AND-THE-PREVENTION-OF-FISCAL-EVASION-WITH-RESPECT-TO-TAXES-ON-INCOME of 2004
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 12 October 2004
* Commenced on 12 October 2004
Convention Between the Government of the Republic of India and the Government of the Republic of Uganda for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
Published vide Notification No. G.S.R. 666(E) , dated 12th October, 2004
Ministry of Finance
(Department of Revenue)
(Income Tax)
G.S.R. 666(E) . - Whereas the annexed Convention between the Government of the Republic of India and the Government of Uganda for the avoidance of double taxation and the prevention of fiscal evasion with respect to Taxes on income has come into force on the 27th August, 2004, on the notification by both the Contracting States to each other, under Article 29 of the said Convention of the completion of the procedures required by their respective laws for bringing into force of the said Convention;
Now, therefore, in exercise of the powers conferred by Section 90 of the Income-tax Act, 1961 (
43 of 1961
), the Central Government hereby directs that all the provisions of the said Convention shall be given effect to in the Union of India.
Annexure
The Government of the Republic of India and the Government of the Republic of Uganda, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and with a view to promoting economic co-operation between the two countries, have agreed as follows:
Article 1
Personal Scope
This Convention shall apply to persons who are residents of one or both of the Contracting States.
Article 2
Taxes Covered
### 1. This Convention shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities irrespective of the manner in which they are levied.
### 2. There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises.
### 3. The existing taxes to which the Convention shall apply are in particular:
(a) In Uganda:
the income tax,
(hereinafter referred to as "Ugandan tax");
(b) In India:
the income tax, including any surcharge hereon,
(hereinafter referred to as "Indian tax").
### 4. The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes referred to in paragraph 3. The competent authorities of the Contracting States shall notify each other of significant changes which have been made in their respective taxation laws.
Article 3
General Definitions
### 1. For the purposes of this Convention, unless the context otherwise requires: (a) the term "Uganda" means the Republic of Uganda;
(b) the term "India" means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea;
(c) the term "person" includes an individual, a company, a body of persons and any other entity which is defined as a person under the taxation laws in force in the respective Contracting States;
(d) the term "company" means any body corporate or any entity which is treated as a body corporate for tax purposes;
(e) the term "enterprise of a Contracting State" and "enterprise of the other Contracting State" means respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
(f) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise which is a resident of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
(g) the term "competent authority" means:
(i) In Uganda: The Minister for Finance or his authorised representative;
(ii) In India: The Central Government in the Ministry of Finance (Department of Revenue) or their authorised representative.
(h) the term "national" means:
(i) any individual possessing the nationality of a Contracting State;
(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State.
(i) the term "fiscal year" means:
(i) in the case of Uganda, the "year of income" as defined under Section 3 of the Income Tax Act, 1997;
(ii) in the case of India, "previous year" as defined under section 3 of the Income-tax Act, 1961 ;
(j) the term "tax" means Indian tax or Ugandan tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Convention applies or which represents a penalty imposed relating to those taxes;
(k) the terms" a Contracting State" and "the other Contracting State" mean the Republic of Uganda or the Republic of India as the context requires.
### 2. As regards the application of the Convention by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State concerning the taxes to which the Convention applies. Article 4
Resident
### 1. For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State. ###
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:
(a) he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests);
(b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a of the State in which he has an habitual abode;
(c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national;
(d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
### 3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated. If the State in which its place of effective management is situated cannot be determined, then the competent authorities of the Contracting States shall settle the question by mutual agreement. Article 5
Permanent Establishment
### 1. For the purposes of this Convention, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on. ###
2. The term "permanent establishment" includes especially:
(a) a place of management;
(b) a branch;
(c) an office;
(d) a factory;
(e) a workshop;
(f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources;
(g) a sales outlet;
(h) a warehouse in relation to a person providing storage facilities for others;
(i) a farm, plantation or other place where agricultural, forestry, plantation or related activities are carried on;
(j) a building site or construction or assembly project or supervisory activities in connection therewith constitute a permanent establishment only if such site, project or activity lasts more than six months.
### 3. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be deemed not to include: (a) the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the enterprise;
(b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage or display;
(c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
(d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise;
(e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
(f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
### 4. Notwithstanding the provisions of paragraphs 1 and 2, where a person-other than an agent of an independent status to whom paragraph 6 applies - is acting on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State, in respect of any activities which that person undertakes for the enterprise, if such a person: (a) has and habitually exercises in that State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 3 which, if exercised through a fixed place of business would not make this fixed place of business a permanent establishment under the provisions of that paragraph; or
(b) has no such authority, but habitually maintains in the first-mentioned State a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the enterprise, or
(c) habitually secures orders in the first-mentioned State, wholly or almost wholly for the enterprise itself or for the enterprise and other enterprises controlling, controlled by, or subject to the same control, as that enterprise.
### 5. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State shall, except in regard to re-insurance, be deemed to have a permanent establishment in the other Contracting State if it collects premiums in the territory of that other State or insures risks situated therein through a person other than an agent of an independent status to whom paragraph 6 applies.
### 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such an agent are devoted wholly or almost wholly on behalf of that enterprise, he will not be considered an agent of an independent status within the meaning of this paragraph.
### 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.
Article 6
Income from Immovable Property
### 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may also be taxed in that other State. ###
2. The term "immovable property" shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats, aircraft and motor vehicles shall not be regarded as immovable property.
### 3. The provisions of paragraph 1 shall apply to income derived from the direct use letting or use in any other form of immovable property. ###
4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.
Article 7
Business Profits
### 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may also be taxed in the other State but only so much of them as is attributable to that permanent establishment. ###
2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, thee shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment.
### 3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere, in accordance with the provisions of and subject to the limitations of the tax laws of that State. ###
4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.
### 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. ###
6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.
Article 8
Shipping and Transport
### 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. ###
2. Profits derived by a transportation enterprise referred to in paragraph 1 which is a resident of a Contracting State from the use, maintenance, or rental of containers (including trailers and other equipment for the transport of containers) used for the transport of or merchandise in international traffic shall be taxable only in that Contracting State unless containers are used solely within the other Contracting State.
### 3. For the purposes of this Article, interest on funds connected with the operation of ships or aircraft in international traffic shall be regarded as profits derived from the operation of such ships or aircraft, and the provisions of Article 11 shall not apply in relation to such interest. ###
4. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.
Article 9
Associated Enterprises
### 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or
(b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
### 2. Where a Contracting State includes in the profits of an enterprise of that State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall, if necessary, consult each other. Article 10
Dividends
### 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the recipient is the beneficial owner of the dividends the tax so charged shall not exceed 10 percent of the gross amount of the dividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
### 3. The term "dividends" as used in this Article means income from shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. ###
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
### 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. Article 11
Interest
### 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may he taxed in that other State. ###
2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the recipient is the beneficial owner of the interest the tax so charged shall not exceed 10 per cent of the gross amount of the interest. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.
### 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from tax in that State provided it is derived and beneficially owned by: (i) the Government, a political subdivision or a local authority of the other Contracting State; or
(ii) the Central Bank of the other Contracting State; or any other bank or governmental financial institutions/agencies that may be mutually agreed upon between the two Contracting States.
### 4. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article. ###
5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
### 6. Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. ###
7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
Article 12
Royalties and Fees for Technical Services
### 1. Royalties or fees for technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such royalties or fees for technical services may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the recipient is the beneficial owner of the royalties or fees for technical services, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties or fees for technical services.
### 3. (a) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, and films or tapes for television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or any industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. (b)
The term "fees for technical services" means payment of any kind in consideration for the rendering of any managerial, technical or consultancy services including the provision of services by technical or other personnel but does not include payments for services mentioned in Article 14 and 15 of this Convention.
### 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties or fees for technical services being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties or fees for technical services arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. ###
5. Royalties or fees for technical services shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties or fees for technical services, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties or fees for technical services was incurred, and such royalties or fees for technical services are borne by such permanent establishment or fixed base, then such royalties or fees for technical services shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
### 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties or fees for technical services, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. Article 13
Capital Gains
### 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may also be taxed in that other State. ###
2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may also be taxed in that other State.
### 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State. ###
4. Gains from the alienation of shares of the capital stock of a company the property of which consists directly or indirectly principally of immovable property situated in a Contracting State may be taxed in that State.
### 5. Gains from the alienation of shares other than those mentioned in paragraph 4 in a company which is a resident of a Contracting State may be taxed in that State. ###
6. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3, 4 and 5, shall be taxable only in the Contracting State of which the alienator is a resident.
Article 14
Independent Personal Services
### 1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State except in the following circumstances, when such income may also be taxed in the other Contracting State (a) if he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other State; or
(b) if his stay in the other State is for a period or periods aggregating 183 days or more in any 12-month period commencing or ending in the fiscal year concerned; in that case only so much of the income as is derived from his activities performed in that other State may be taxed in that other State.
### 2. The term "professional services" includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, surgeons, dentists and accountants. Article 15
Dependent Personal Services
### 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. ###
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first mentioned State, if:
(a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any 12-month period commencing or ending in the fiscal year concerned, and
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
### 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic, by an enterprise of a Contracting State may be taxed in that State. Article 16
Directors's Fees
Directors's fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.
Article 17
Artistes and Sports Persons
### 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theater, motion picture, radio or television artiste, or a musician, or as a sports-person, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State. ###
2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in his capacity as such accrues not to the entertainer or sports person himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sports person are exercised.
Article 18
Pensions
Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.
Article 19
Government Service
### 1. (a) Remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b)
However, such remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who:
(i) is a national of that State; or
(ii) did not become a resident of that State solely for the purpose of rendering the services.
### 2. (a) Any pension paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b)
However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State.
### 3. The provisions of Articles 15, 16 and 18 shall apply to remuneration and pensions in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. Article 20
Students and Apprentices
### 1. A student or business apprentice who is or was a resident of a Contracting State immediately before visiting the other Contracting State and who is present in that other Contracting State solely for the purpose of his education or training shall be exempt from tax in that other State on payments made to him by persons residing outside that other State for the purpose of his maintenance, education or training. ###
2. The benefit of this Article shall extend only for such period of time as may be reasonable or customarily required to complete the education or training undertaken, but in no event shall any individual have the benefits of this Article for more than five consecutive years from the date of his first arrival in that other Contracting State.
Article 21
Professors, Teachers and Research Scholars
### 1. A professor or teacher who is or was a resident of the Contracting State immediately before visiting the other Contracting State for the purpose of teaching or engaging in research, or both, at a university, college, school or other approved institution in that other Contracting State shall be exempt from tax in that other State on any remuneration for such teaching or research for a period not exceeding two years from the date of his arrival in that other State. ###
2. This Article shall not apply to income from research, if such research is undertaken primarily for the private benefit of a specific person or persons.
### 3. For the purposes of this Article and Article 20, an individual shall be deemed to be a resident of a Contracting State if he is resident in that State in the fiscal year in which he visits the other Contracting State or in the immediately preceding fiscal year. ###
4. For the purposes of paragraph 1 "approved institution" means an institution which has been approved in this regard by the competent authority of the concerned State.
Article 22
Other Income
### 1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. ###
2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
### 3. Notwithstanding the provisions of paragraph 1, if a resident of a Contracting State derives income from sources within the other Contracting State in the form of lotteries, crossword puzzles, races including horse races, card games and other games of any sort or gambling or betting of any form or nature whatsoever, such income may be taxed in the other Contracting State. Article 23
Elimination of Double Taxation
### 1. The laws in force in either of the Contracting States will continue to govern the taxation of income in the respective Contracting States except where provisions to the contrary are made in this Convention. ###
2. In the case of Uganda double taxation shall be eliminated as follows:
Where a resident of Uganda derives income which, in accordance with the provisions of this Convention, may be taxed in India, Uganda shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in India. Such deduction shall not, however, exceed that part of the income tax as computed before the deduction is given, which is attributable to the income which may be taxed in India.
### 3. In the case of India double taxation shall be eliminated as follows: Where a resident of India derives income which, in accordance with the provisions of this Convention, may be taxed in Uganda, India shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Uganda whether directly or by deduction at source. Such amount shall not, however, exceed that part of the income tax, as computed before the deduction is given, which is attributable to the income which may be taxed in Uganda.
### 4. The tax payable in the Contracting State mentioned in paragraph 2 and 3 of this Article shall be deemed to include the tax which would have been payable but for the tax incentives granted under the laws of the Contracting State and which are designed to promote economic development. ###
5. Income which, in accordance with the provisions of this Convention, is not to be subjected to tax in a Contracting State, may be taken into account for calculating the rate of tax to be imposed in that Contracting State.
Article 24
Non-Discrimination
### 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome, than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States. ###
2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as preventing a Contracting State from charging the profits in the case of India or chargeable income in the case of Uganda of a permanent establishment which a company of the other Contracting State has in the first-mentioned Contracting State at a rate of tax which is higher than that imposed on the profits or chargeable income respectively of a similar company of the first mentioned Contracting State, nor as being in conflict with the provisions of paragraph 3 of Article 7 of this Convention.
### 3. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State are or may be subjected. ###
4. Except where the provisions of paragraph 1 of Article 9 or paragraph 7 of Article 11 or paragraph 6 of Article 12 apply, interest, royalties and other disbursement paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State.
Article 25
Mutual Agreement Procedure
### 1. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, If his case comes under paragraph 1 of Article 24, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. ###
2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
### 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. ###
4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs.
When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place.
Article 26
Exchange of Information
### 1. The competent authorities of the Contracting States shall exchange such information (including documents), as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention in so far as the taxation thereunder is not contrary to the Convention in particular for the prevention of fraud or evasion of such taxes. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of the enforcement or prosecution in respect of, or the determination of appeals in relation to the taxes covered by the Convention. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. ###
2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation:
(a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
(b) to supply information or documents which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy.
Article 27
Collection Assistance
### 1. The Contracting States undertake to lend assistance to each other in the collection of taxes to which this Convention relates, together with interest, costs, and civil penalties relating to such taxes, referred to in this Article as a "revenue claim". ###
2. Request for assistance by the competent authority of a Contracting State in the collection of a revenue claim shall include a certification by such authority that, under the laws of that State, the revenue claim has been finally determined. For the purposes of this Article, a revenue claim is finally determined when a Contracting State has the right under its internal law to collect the revenue claim and the taxpayer has no further rights to restrain collection.
### 3. Amount collected by the competent authority of a Contracting State pursuant to this Article shall be forwarded to the competent authority of the other Contracting State. However the first-mentioned Contracting State shall be entitled to reimbursement of costs, if any incurred in the course of rendering such assistance to the extent mutually agreed between the competent authorities of the two States. ###
4. Nothing in this Article shall be construed as imposing on either Contracting State the obligation to carry out administrative measures of a different nature from those used in the collection of its own taxes or those which would be contrary to its public policy.
Article 28
Diplomatic Agents and Consular Officers
Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under provisions of special agreement.
Article 29
Entry into Force
### 1. The Contracting States shall notify each other in writing, through diplomatic channels of the completion of the procedure required by the respective laws for the entry into force of this Convention. ###
2. This Convention shall enter into force thirty days after the receipt of the later of the notifications referred to in paragraph 1 of this Article.
### 3. The provisions of this Convention shall have effect: (a) in Uganda, in respect of income arising in any fiscal year beginning on or after the first day of July next following the calendar year in which the Convention enters into force; and
(b) in India, in respect of income arising in any fiscal year beginning on or after the first day of April next following the calendar year in which the Convention enters into force;
Article 30
Termination
This Convention shall remain in force indefinitely until terminated by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Convention. In such event, the Convention shall cease to have effect:
(a) in Uganda, in respect of income arising in any fiscal year on or after first day of July next following the calendar year in which the notice of termination is given; and
(b) in India, in respect of income arising in any fiscal year on or after the first day of April next following the calendar year in which the notice of termination is given.
In Witness Whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done in duplicate at Kampala this 30th day of April, 2004 in, English and Hindi languages, both texts being equally authentic. In case of divergence between the texts the English text shall be the operative one.
| | |
| --- | --- |
|
FOR THE GOVERNMENT OFTHE REPUBLIC OF INDIA
|
FOR THE GOVERNMENT OFTHE REPUBLIC OF UGANDA
|
|
65b954c3ab84c7eca86e8e18 | acts |
State of Himachal Pradesh - Act
---------------------------------
The Himachal Pradesh Courts Act, 1976
---------------------------------------
HIMACHAL PRADESH
India
The Himachal Pradesh Courts Act, 1976
=======================================
Act 23 of 1976
----------------
* Published on 26 May 1976
* Commenced on 26 May 1976
The Himachal Pradesh Courts Act, 1976
Act
No. 23 of 1976
(Received the assent of the Governor on the 26th May, 1976 and was published in R.H.P., Extra, dated the 4th June, 1976 at page 1275-1282)
An Act to enact a law relating to Courts in Himachal Pradesh.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-seventh Year of the Republic of India as follows :-
Part - I Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the Himachal Pradesh Courts Act, 1976.
(2) It shall extend to the whole of Himachal Pradesh.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -
(a) "civil district" or "district" means the local limits of the jurisdiction of a Principal Civil Court of original jurisdiction;
(b) "District Judge" shall include an Additional District Judge;
(c) "Government" or "State Government" means the Government of Himachal Pradesh;
(d) "High Court" means the High Court of Himachal Pradesh;
(e) "Official Gazette" means the Rajpatra, Himachal Pradesh; and
(f) "Small Cause" means a suit of the nature congnizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887).
Part - II Chapter I
Subordinate Civil Courts
### 3. Classes of Courts.
- Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887 (9 of 1887). and the Courts established under any other enactment for the time being in force there shall be the following classes of Subordinate Civil Courts in Himachal Pradesh : -
(a) [ the Court of Distt. Judge
[Substituted vide Act No. 14 of 2003 dated 13-8-2003 amendment of Government on 11-8-2003 and also Civil Judge (Sr. Division) and Civil Judge (Jr. Division) has been substituted for 'Subordinate Judge' whereever occurs in the act.]
(b) the Court of Senior Civil Judge; and
[(c) the Court of Civil Judge.]]
### 4. Civil Districts
(1) For the purpose of this Act, the State , Government shall by notification in the Official Gazette, divide the Himachal Pradesh into civil districts and may alter the limits or the number of these districts and may determine the headquarters of each such district for the purpose of locating the administrative officers of the District Judge.
(2) The civil districts existing in the State at the commencement of this Act, shall be deemed to have been former under this Act.
### 5. District Judges.
- The State Government shall, after consultation with the High Court, appoint as many persons as it thinks necessary to be District Judges and the High Court shall post one such person to each district as District judge of that district:
Provided that the same person may, if the High Court thinks fit, be appointed to be the District Judge of two or more districts.
### 6. Additional District Judge.
(1) When the business pending before the Court of any District Judge requires the aid of an Additional Judge or Judges for its speedy disposal, the State Government may, after consultation with the High Court, appoint such Additional District Judges as may be necessary.
(2) An Additional District Judge so appointed shall discharge any of the functions of a District Judge which the High Court or the District Judge may assign to him and in the discharge of his functions he shall exercise the same powers as the District Judge.
### 7. [ Assignment of functions of District Judge to Additional District Judge.
[Substituted 'two lakhs' for 'fifty thousand rupees' vide Act No. 16 of 1984 Section 2 and subsequently Substituted 'five lakhs' for 'two lakhs' vide Act No. 1 of 1995, Section 2 and further subs 'ten lakhs' for 'five lakhs' vide Act No. 16 of 2001, dated 19-9-2001 vide notification No. III/PJ/1-2001 dated 1-4-2005 and extended to Additional Distt. Judge also.]
- The High Court or the District Judge may assign to an Additional District Judge any of the functions of the District Judge including the functions of receiving and registering cases and appeals, which, but for such assignment of functions could be instituted in the Court of District Judge and in the discharge of those functions the Additional District Judge shall, notwithstanding anything contained in the Act, exercise the same - powers as the District Judge.]
### 8. [ Subordinate Judge.
[Substituted by the H.P. High Court vide their letter No. HHC/PJ/93-1, dated : 03-10-2013.]
- The State Government may from time to time after consultation with the High Court, fix the number of Civil Judges to be appointed.]
### 9. District Court to be principal Civil Court of original jurisdiction.
- The Court of the District Judge shall be deemed to be the District Court or principal Civil Court of original jurisdiction in the district.
### 10. Original Jurisdiction of Civil Courts
:-
District Judge's/Addl. District Judge.
I. The court of District Judge/Additional District Judge shall have the pecuniary jurisdiction in all original Civil Suits the value of which does not exceed [Rs. 30,00,000/- (Rupees Thirty lacs)]
[The word i.e. exceeds Rs. 10,00,000/- (Rupees Ten Lacs.) but' deleted vide H.P. Highcourt Shimla, Letter No. HHC/PJ/93-1 dated 25.10.2013]
### 11. Original Limits of Civil Judge :.
-
II. Civil Judge (Senior Division)
The Court of civil judge (Senior Division) shall exercise the jurisdiction in all original Civil Suits the value of which exceeds Rs. 20,00,000/- (Rupees Twenty Lacs) but does not exceed Rs. 20,00,000/- (Rupees Twenty Lacs).
III. Civil Judge (Junior Division)
The court of civil judge (Junior Division) shall exercise the jurisdiction in all original Civil Suits the value of which does not exceed Rs. 10,00,000/- (Rupees ten lacs).
### 12. Local limits of jurisdiction.
(1) The local limits of the jurisdiction of a civil judge shall be such as the High Court may define.
(2) When the High Court posts a Civil Judge to a district, the local limits of the district shall, in the absence of any direction to the contrary, be deemed to the local limits of his jurisdiction.
### 13. Power to invest Civil Judge with Small Cause Court jurisdiction.
- The High Court may, by notification in the Official Gazette confer within such local limits as it thinks fit, upon any Civil Judge, the jurisdiction of a Judge of a Court of Small Cause under the Provincial Small Cause Court Act, 1887 (9 of 1887), for the trial of suits, cognizable by such Court, upto such value not exceeding two thousand rupees as it thinks fit, and may withdraw any jurisdiction so conferred.
### 14. [ Exercise by Civil Judge of jurisdiction of District Court in certain proceedings.
['Civil Judge' Substituted for Subordinate Judge vide Act No. 14 of 2003 dated 13-8-2003.]
(1) The High Court may be general or special order and subject to the provisions of any other law for the time being in force, authorise any Civil Judge to take cognizance of, and any District Judge to transfer to such a Subordinate Judge under his control, any proceedings or any class of proceedings, specified in such order under :
(a) the Indian Succession Act, 1925 (39 of 1925)
(b) the Guardians and Wards Act, 1890 (8 of 1890), and
(c) the Provincial Insolvency Act, 1920 (5 of 1920)
(2) The District Judge may withdrawn any such proceedings taken cognizance of by, or transferred to a Civil Judge and may either-himself dispose of them or transfer them to by other Court under this control competent to disposed of the same.
(3) Proceedings taken cognizance of layer transferred to Sub-ordinate Judge, as the case may De, under this section shall be disposed of by him, subject to the rules applicable like proceedings in the Court of the District judge.]
### 15. Place of sitting of Court.
(1) The High Court may fix the place or places at which any Court under this Act is to be held.
(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.
(3) Except as may be otherwise provided by any order under this section, a Court under this Act may be held at any place within the local limits of its jurisdiction
### 16. Control of Courts.
- Subject to the general superintendence and control of the High Court, the District Judge shall have control over all the Civil Courts under this Act within the local limits of his jurisdiction.
### 17. Power to distribute business.
- Notwithstanding anything, obtained in the Code of Civil Procedure (5 of 1908), every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit :
Provided that no direction issued under this Section shall empower any Court to exercise any powers or deal with any business beyond the limits of its jurisdiction.
### 18. [ Ministerial officers of Courts.
[Substituted vide amendment, H.P. Rajpatra, dated 25-9-2009, Substituted 'twenty five thousand' for 'ten thousand rupees vide ordinance No. 1 of 1980. replaced by H.P. Act No. 10 of 1980 and subs Rs. fifty thousand rupees vide Act No. 16 of 1984 Section 3 and further substituted 'two lakhs rupees' for 'fifty thousand rupees' vide Act No. 10 of 1995, Section 3.]
(1) The ministerial officers of; the District Court other than Superintendent of the Court shall be appointed by the District Judge. The Superintendent of the District Court shall be appointed by the High Court.
(2) The ministerial officers of Civil Courts, under the control of the District Judge, shall be appointed by the District Judge.
(3) Every appointment under this section shall be subject to such rules the High Court with the prior approval of the Government may make in this behalf.
(4) Any, order passed by a District Judge under this section shall; be liable to be reversed or modified by the High Court.]
### 19. Delegation of District Judge's Powers.
- A District Judge, may with the previous sanction of the High Court, delegate to any Civil - Judge in the district, the power conferred on him by section 18(2) of this Act to be, exercised by the Civil Judge in any specified portion of the Himachal Pradesh Courts Act 1976.
Chapter II
Appellate and Revisional Jurisdiction in Civil Cases
--------------------------------------------------------------------
### 20. Appeals from District Judges or Additional District judges.
(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or Additional District Judge exercising original jurisdiction shall be to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case, in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.
### 21. Appeals from Civil Judges.
(1) Save as aforesaid, an appeal from decree or order of Civil Judge shall lie -
(a) to the District Judge where the value of the original suit in which the decree or order was made did not exceed [Ten Lakh rupees]
[Substituted for 'Five Lakh' vide H.P. Rajpatra dated 25th September 2009.]
(b) to the High Court in any other case.
(2) Where the function of receiving appeals which lie to the District Judge under sub-section (1) has been assigned to an Additional District Judge, the appeals may be preferred to the Additional District Judge.
(3) The High Court may by notification direct that appeals lying to the District Court from all or any of the decree or orders passed in an original suit by any Civil Judge shall be preferred to such other Civil Judge , as may be mentioned in the notification and the appeals shall thereupon be preferred accordingly and the Court of such other Subordinate Judge, shall be deemed to be a District Court for the purposes of all appeals so preferred.
### 21A. Power of the Chief Justice to transfer pending appeals and proceedings to Subordinate Civil Courts.
(1) The Chief Justice of the High Court of Himachal Pradesh may transfer an suit, appeal or proceedings, which is or are pending before the High Court of Himachal Pradesh immediately before the commencement of the Himachal Pradesh Courts (Amendment) Act, 1994 to such a subordinate Civil Court in Himachal Pradesh which would have jurisdiction to entertain such suit, appeal or proceedings, had such suit, appeal or proceedings been institute or filed for the first time after such commencement.
### 22. Power to transfer to a Civil Judge appeals from other Civil Judges.
(1) A District Judge may transfer any appeal pending before him from the decrees or orders of Civil Judges to any other Civil Judge under his administrative control competent to dispose of the same.
(2) The District Judge may withdraw any appeal so transferred and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of the same.
(3) Appeals transferred under this section shall be disposes of subject to the rules applicable to like appeals when disposed of by the District Judge.
(4) The powers conferred by this section shall be exercised subject to such general or special orders as may from time to time be issued in this behalf by the High Court.
Chapter III
Supplementary Provisions
-----------------------------------------
### 23. Mode of conferring powers.
- Except as otherwise provided by this Part, any power that may be conferred by the High Court on any person under this Part may be conferred on such person either by name ; or by virtue of office.
### 24. Continuance of powers of officers.
- Whenever any person holding an office in the service of Government who has been invested with any power under this Part throughout any local area is transferred or posted at any sub-sequent time to an equal or higher office of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.
### 25. Provisions regarding petition writers.
- The High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force.
(a) declaring what persons shall be permitted to art as petition writer in the Courts subordinate thereto ;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.
### 26. Control of list of holidays.
(1) The High Courts shall prepare a list of days to be observed in each year as holidays in Civil Courts subordinate thereto.
(2) Every such list shall be published in the Official Gazette
### 27. Seal.
- Every Court constituted under this act shall use a seal of such form and design as are or may be prescribed by the High Court.
### 27A. [ Certain provisions to over-ride other laws.
[Added vide Act No. 16 of 1984, Section 5.]
- The amendments made in this Act by the Himachal Pradesh Court (Amendment) Act, 1984 shall have effect notwithstanding anything inconsistent therewith contained in sub-section (3) of section 17 of the Delhi High Court Act, 1966 and in section 23 of the State of Himachal Pradesh Act, 1970.]
### 28. Temporary vacancies of office of District Judge.
- In the event of absence of the District Judge or in the event of a vacancy in that office for whatever reason, the Additional District Judge or if there are more than one Additional District Judges present, the first in rank of them and in the case there be no Additional district judges present, the first in the rank among the Civil Judges present, shall in addition his own duties, discharge the functions of the District Judge with respect to the filing of the suits and appeals, receiving pleadings, miscellaneous applications and the like, as also with respect to the distribution thereof.
### 29. Power to make rules.
(1) The High Court may from time to time make rules consistent with this Act and any other law for the time being in force for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generally of the powers conferred by sub-section (1) such rules may provide for all or any of the following matters :
(a) for the supervision of all Courts subordinate to the High Court and their visitation and inspection ;
(b) for the translation of any paper in the High Court, for the preparation of paper books for the hearing of appeals and the copying or, printing of any such papers or translation and the recovery from the persons at whose instance or on whose behalf papers are filed, of the expenses thereby incurred :
(c) the fees to be charged for processes issued by the Civil Courts, or by any officer of any such Court and the fee payable in any suit for proceeding in any such Court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceedings ;
(d) the manner in which the proceedings of Civil Court should be kept and recorded, the manner in which paper books for the hearing of appeals shall be prepared and the granting of copies;
(e) all matters relating to officers of Court.
### 30. Repeal and savings.
(1) The Punjab Courts Act, 1918 (6 of 1918) as in force in the areas added to Himachal Pradesh unde section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and the Himachal Pradesh (Courts) Order, 1948 as in force in the areas comprised in Himachal Pradesh immediately before 1st November 1966 are hereby repealed :
|
65b97f61ab84c7eca86e939b | acts |
State of Punjab - Act
-----------------------
The Punjabi University Act, 1961
----------------------------------
PUNJAB
India
The Punjabi University Act, 1961
==================================
Act 35 of 1961
----------------
* Published on 8 November 1961
* Commenced on 8 November 1961
The Punjabi University Act, 1961
Punjab Act
No. 35 of 1961
, dated 8th November, 1961
Received the assent of the Governor of Punjab on the 1st November, 1961, and first published for general information in the Punjab Government Gazette (Extraordinary) , Legislative Supplement, Part I, of the 8th November, 1961.
An Act to establish and incorporate a University for the advancement of Punjabi studies and development of Punjabi language as a medium of instruction or otherwise for the providing of instruction in humanistic and scientific subjects and generally for the promotion of higher education and research.
Be it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Punjabi University Act, 1961.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
### 2. Definitions.
- In this Act and in all Statutes, Ordinances and Regulations made hereunder, unless the context otherwise requires, -
(a) "College" means an institution maintained by or admitted to the privileges of the University under this Act;
(b) "Principal" means the head of a College, and includes, when there is no Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such;
(c) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the University made, by or under this Act;
(d) "Teachers" includes Professors, Readers, Lecturers and other persons imparting instruction in the University or in any College;
(e) "University" means the Punjabi University as incorporated under this Act.
### 3. Incorporation of the University.
(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "The Punjabi University".
(2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property, and to contract, and may by the said name sue and be sued.
(3) The University shall be located at such place as the State Government may, by notification, specify.
### 4. Powers and duties of the University.
- The University shall exercise the following powers and perform the following duties, namely :-
(1) to make provision for imparting education in the humanities, sciences, learned professions and such other branches of learning and courses of study as it may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
(2) to promote Punjabi studies, to provide for research in Punjabi literature, to undertake measures for the development of Punjabi language and to progressively adopt it as a medium of instruction and examination for as many subjects as possible;
(3) to institute and confer degrees, diplomas and other academic distinctions;
(4) to hold examinations and to grant and confer degrees, diplomas and other distinctions to and on persons who -
(a) shall have pursued a course of study in the University or in one of its institutions, unless exempted therefrom in the manner prescribed by the Statutes, Ordinances and Regulations, and shall have passed the examination prescribed by the University; or
(b) shall have carried on research under conditions prescribed by the Ordinances and Regulations;
(5) to confer honorary degrees in the manner laid down by the Statutes;
(6) to institute professorships, readerships, lecturerships and any other teaching posts required by the University and to appoint persons to such professorships, readerships, lecturerships and other posts;
(7) to institute and award fellowships, scholarships, studentships, exhibitions and prizes in accordance with the Statutes and Ordinances;
(8) to institute and maintain Halls and Hostels;
(9) to supervise and control the residence and discipline of the students of the University and to make arrangements for promoting their health and general welfare;
(10) to organise University laboratories, libraries, museums and other equipment for teaching and research;
(11) to demand and receive such fees and other charges as may be prescribed by the Ordinances;
(12) to hold and manage trusts and endowments which may be created in favour of the University;
(13) to institute and manage -
(a) Printing and Publication Departments,
(b) University Extension Boards,
(c) Information Bureaux, and
(d) Employment Bureaux;
(14) to make special provision for the spread of University education among classes and communities which are educationally backward;
(15) to make provision for -
(a) the maintenance of National Cadet Corps or other similar training corps.
(b) physical and military training,
(c) students associations, and
(d) sports and athletic clubs;
(16) to prepare, translate and publish, and to assist other bodies and individuals in the preparation, translation and publication of books, journals, periodicals, and any other material in Punjabi or other languages;
(17) to create administrative, ministerial and other necessary posts and to make appointments thereto;
(18) to receive gifts, donations or benefactions from Government and to receive bequests, donations and transfers of movable or immovable property from testators, donors or transferors, as the case may be;
(19) to frame Statutes, Ordinances or Regulations for all or any of the aforesaid purposes; and to alter, modify or rescind the same; and
(20) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.
### 5. [ Territorial exercise of powers.
[Section 5 substituted by Punjab Act 22 of 1962, Section 2.]
(1) The State Government may, by notification, specify the limits of the area in which the University shall exercise its powers.
(2) Notwithstanding anything contained in any other law for the time being in force, no educational institution beyond the limits of the area specified under sub-section (1) shall be associated with or admitted to any privileges of the University.
(3) Notwithstanding anything contained in any other law for the time being in force, any educational institution situated within the limits of the area specified under sub-section (1) shall, with effect from such date as may be notified in this behalf by the State Government, be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated in any way with, or be admitted to any privileges of, the Punjab University; and different dates may be appointed for different institutions :
Provided that -
(a) any student of any such institution affiliated to the Punjab University before the said date, who was studying for any degree and diploma examination of the said University shall be permitted to complete his course in preparation therefor and the University shall hold for such students examinations in accordance with the curricula of study in force in the Punjab University for such period as may be prescribed by the Statutes or Ordinances or Regulations; and
(b) any such student may, until any such examination is held by the University, be admitted to the examination of the Punjabi University and be conferred the degree, diploma or any other privilege of that University for which he qualifies on the result of such examination.]
### 6. University open to all irrespective of religion, race, caste, sex or place of birth.
(1) No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma, or other academic distinction or course of study on grounds only of religion, race, caste, sex, place of birth or any of them :
Provided that the University may maintain any college or institution exclusively for women either for education, instruction or residence or, reserve for women or members of classes and communities which are educationally backward, places for purposes of admission as students in any college or institution maintained or controlled by the University.
(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to religion, race, caste, sex or place of birth in order to entitle him to be admitted as a teacher or to hold any office in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or benefaction thereof.
### 7. Officers of the University.
- The following shall be the officers of the University, namely :-
(i) the Chancellor,
(ii) the Vice-Chancellor,
(iii) the Registrar,
(iv) the Deans of the Faculties, and
(v) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
### 8. Appointment, duties and powers and conditions of service of officers of the University.
[ Section 8 and 9, substituted by Punjab Act
[23 of 1969
, Section 2.]
- Subject to the provisions of this Act, the mode of appointment of the officers of the University, their powers and duties, the terms and conditions of their service and the filling of casual vacancies in such offices shall be provided for by the Statutes and Ordinances.
### 9. Chancellor.
- The Governor of Punjab shall be the Chancellor of the University.]
### 9A. Appointment, powers, duties and conditions of service of Vice-Chancellor.
[Sections 9A and 9B inserted by Act
[23 of 1969
, Section 3.]
(1) The Vice- Chancellor shall be appointed by the Chancellor on the advice of the State Government.
(2) The Vice-Chancellor shall hold office for a term of three years which may be extended by the Chancellor, on similar advice, for such further periods not exceeding three years at a time as he may deem fit.
(3) Chancellor shall determine the amount of remuneration and other conditions of service of the Vice-Chancellor :
Provided that such terms and conditions shall not be altered to the disadvantage of the Vice-Chancellor during his term of office.
(4) [ Notwithstanding anything contained in sub-section (5) of section 9AA, in the event of the Vice- Chancellor being not in position on account of illness, absence on leave or in any other contingency, the Chancellor may, on the advice of the State Government, appoint any person to act as Vice-Chancellor for the disposal of business during the period the Vice-Chancellor is not in position. The person temporarily appointed to discharge the functions of the Vice-Chancellor shall hold office during the pleasure of the Chancellor who shall also determine the emoluments or allowances payable to the person so appointed.]
(5) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise control over its affairs in accordance with the Statutes and Regulations and give effect to the decisions of the authorities of the University. He shall be ex officio Chairman of the Senate, the Syndicate, the Academic Council and the Finance Committee and shall in the absence of the Chancellor, preside at any convocation of the University. He shall be entitled to be present at and address any meeting of any authority or other body of the University.
(6) The Vice-Chancellor shall have the power of convening meetings of the Senate, the Syndicate and Academic Council. He may delegate this power to any other officer of the University.
(7) It shall be the duty of the Vice-Chancellor to ensure that the Act, Statutes, Ordinances and Regulations are faithfully observed and he shall have all powers necessary for this purpose.
(8) If, in the opinion of the Vice-Chancellor an emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary and shall report the same for confirmation at the next meeting to the authority which, in the ordinary course, would have dealt with the matter :
Provided that if the action taken by the Vice-Chancellor is not approved by the authority concerned, he may refer the matter to the Chancellor whose decision thereon shall be final :
Provided further that where any such action taken by the Vice- Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, an appeal to the Chancellor.
(9) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and Ordinances.
### 9B. Appointment, powers, duties and conditions of service of Registrar.
(1) The Registrar shall be appointed by the Syndicate and shall be a whole-time administrative officer of the University. The terms and conditions of service of the Registrar shall be such as may be prescribed :
Provided that the term of office of the Registrar shall be four years or up to the age of sixty years whichever expires earlier :
Provided further that nothing herein shall be deemed to affect the term of office of the Registrar holding office immediately before the commencement of the Punjabi University (Amendment) Act, 1969, to his disadvantage.
(2) The Registrar shall be ex officio Secretary of the Senate, the Syndicate, the Academic Council and the Finance Committee.
(3) It shall be the duty of the Registrar -
(a) to be custodian of the records, common seal and such other property of the University as the Syndicate shall commit to his charge;
(b) to keep the minutes of all meetings of the Senate, the Syndicate, the Academic Council and the Finance Committee;
(c) to conduct the official correspondence of the Senate, the Syndicate and the Academic Council;
(d) to arrange for and superintend the examinations of the University;
(e) to supply to the Chancellor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of meetings of the authorities ordinarily within a month of the holding of the meetings;
(f) to perform such other duties as may from time to time be assigned to him by the Syndicate.]
### 10. Authorities of the University.
- The following shall be the authorities of the University, namely :-
(i) the Senate,
(ii) the Syndicate,
(iii) the Academic Council,
(iv) the Faculties,
(v) the Boards of Studies, and
(vi) such other authorities as may be declared by the Statutes to be the authorities of the University.
### 11. [ Senate.]
Section 11 substituted by Punjab Act
[23 of 1969
, Section 4.]
(1) On and with effect from the commencement of the Punjabi University (Amendment) Act, 1969, the Senate as it existed immediately before such commencement shall stand dissolved and the new Senate shall consist of the Chancellor, the Vice-Chancellor, and the following other persons, namely :-
Ex-officio Fellows -
(i) all ex-Vice-Chancellors of the Punjabi University;
(ii) the Chief Justice of the High Court having jurisdiction in the State of Punjab;
(iii) the Chief Minister, Punjab;
(iv) the Education Minister, Punjab;
(v) the Secretary, Education Department, Punjab;
(vi) the Advocate-General, Punjab;
(vii) the Director, Public Instruction, Punjab;
(viii) the Dean, Academic Affairs and Students' Welfare;
(ix) the Director, Languages Department, Punjab;
Ordinary Fellows -
(i) six Deans of Faculties, of whom three shall be Professors, by rotation according to age;
(ii) four Heads of University Departments of studies, who are not Deans, of whom two shall be Professors, by rotation, according to age;
(iii) six Principals of Colleges admitted to the privileges of the University, of whom three shall be Principals of Government Colleges, by rotation according to age :
Provided that no Principal who has attained the age of sixty years shall be eligible to be or continue as a Fellow;
(iv) one Reader and one Lecturer with at least five years' postgraduate teaching experience, by rotation, according to age;
(v) one nominee of each Trust, Institution or Corporation donating to the University one lac rupees or more or transferring property of like value, for life time;
(vi) every person donating one lac rupees or more or transferring property of like value, for life time;
(vii) eighteen persons to be nominated by the Chancellor on the advice of the State Government for their distinguished work in education or in any other sphere of literary or public activity;
(viii) three persons to be co-opted by the Senate;
(ix) three persons nominated to the Syndicate by the Chancellor on the advice of the State Government, for the period they remain members of the Syndicate;
(x) three persons nominated by the State Government from amongst the members of the Punjab Legislative Assembly;
(xi) one teacher having a minimum experience of seven years in teaching from each College having sixty or more teachers on its staff and admitted to the privileges of the University, by rotation, according to age, beginning with the youngest;
(xii) six persons having a minimum experience of seven years in teaching from amongst teachers of Colleges having less than sixty teachers each on their staff and admitted to the privileges of the University, of whom three shall be teachers of Government Colleges, by rotation, according to age, beginning with the youngest;
(xiii) two persons amongst officers, who are in the grade not lower than the grade of a University Lecturer, of the following Departments by rotation according to age :-
(a) Department of Development of Punjabi Language;
(b) Linguistics Department;
(c) Department of Religious Studies;
(d) Department of Literary Studies;
(e) Department of Punjab Historical Studies;
(xiv) two persons to be nominated by the State Government from amongst ex-soldiers not below the rank of a Commissioned Officer.
(2) Save as otherwise provided in this section an Ordinary Fellow shall hold office for a period of two years.
(3) An Ordinary Fellow may, by letter addressed to the Chancellor, resign his office.
(4) Where an Ordinary Fellow fails to attend any meeting of the Senate during a continuous period of one year, the Chancellor may declare that the office of such Fellow has fallen vacant.
(5) The Chancellor may, on the recommendation of the Vice-Chancellor, cancel the Fellowship of any person who ceases to hold the office by virtue of which he became such a Fellow.
(6) When a vacancy occurs in the Senate by resignation or death of a Fellow or otherwise the vacancy shall be filled in the manner provided in sub-section (1) :
Provided that the person who fills such vacancy shall hold office for the unexpired period of the term for which the person in whose place he became a Fellow would have otherwise continued in office.
(7) The Senate shall be the supreme authority of the University and shall exercise the following powers and perform the following duties, namely :-
(a) of making Statutes and of amending or repealing the same;
(b) of considering Ordinances;
(c) of considering and passing resolutions on the annual reports, the annual accounts and the financial estimates;
(d) of considering and passing resolutions on any matter of general policy relating to the University education and administration;
(e) of electing such persons to serve on the authorities of the University and of appointing such officers as may be prescribed by the Act or the Statutes; and
(f) of reviewing the acts of Syndicate or Academic Council and of exercising such other powers and performing such other duties as may be conferred or imposed upon it by the Act or the Statutes.
(8) An annual meeting of the Senate shall be held on a date to be fixed by the Vice-Chancellor. At such annual meeting, a report of the working of the University during the previous year together with a statement of the receipts and the expenditure, the balance sheet and the financial estimates shall be presented.
(9) Special meetings of the Senate may be convened by the Vice-Chancellor, as and when necessary :
Provided that a special meeting of the Senate shall be called if one-third of the members of the Senate or twenty-five members, whichever number is less, make a requisition in writing in this behalf.
(xv) [ six students nominated by the State Government out of whom one shall be from amongst women, one from amongst members of Scheduled Castes, one from amongst such Backward Classes as have been or are notified by the State Government and two on the basis of academic record :]
[Inserted by Act No. 18 of 1976.]
Provided that no student shall be nominated or shall continue as Fellow, if -
(a) he is not on the rolls of the University or of any College admitted to the privileges of the University;
(b) he had passed the High School Examination more than six years, or Higher Secondary Examination more than five years, prior to the date of nomination;
(c) he has not been on the rolls of the University or of any College admitted to the privileges of the University continuously for a period of not less than one year preceding the date of nomination;
(d) he has failed in any annual examination held by the University or College;
(e) he has been punished by any authority of the University or College for misconduct; or
(f) he has been convicted by a Court for an offence involving moral turpitude.]
### 12. [ The Syndicate.]
Section 12 substituted by Punjab Act
[23 of 1969
, Section 5.]
(1) On and with effect from the 27th June, 1969, the Syndicate shall consist of the following members, namely :-
(i) the Vice-Chancellor - ex officio;
(ii) the Secretary, Education Department, Punjab - ex officio;
(iii) the Director, Public Instruction, Punjab - ex officio;
(iv) the Dean, Academic Affairs and Students' Welfare - ex officio;
(v) the Director, Languages Department, Punjab - ex officio;
(vi) three persons from amongst Deans of Faculties who are members of the Senate, by rotation, according to age;
(vii) two persons from amongst Heads of Departments, other than Deans, who are members of the Senate, by rotation, according to age;
(viii) three persons from amongst Principals of Colleges, other than Deans of Faculties, who are members of Senate, by rotation; according to age;
(ix) three persons to be nominated by the Chancellor on the advice of the State Government;
(x) [ three persons elected by the Senate from amongst its members.]
[Inserted by Punjab Act 7 of 1970, Section 2.]
(2) The members of the Syndicate, other than ex officio members shall hold office for a period of one year.
[Provided that the term of office of the three persons elected by the Senate under clause (ix) of sub-section (1) as it existed immediately before the commencement of the Punjabi University (Amendment) Act, 1969, shall be one year from the date of commencement of the Punjabi University (Amendment) Act, 1970, excluding the period during which they have already been members of the Syndicate after the aforesaid election.]
[Proviso added by Punjab Act 7 of 1970, Section 2.]
(3) A member of the Syndicate may, by letter addressed to the Chancellor, resign his office.
(4) When a vacancy occurs in the office of member of the Syndicate by resignation or death of a member or otherwise the vacancy shall be filled in the manner provided in sub-section (1) :
Provided that the person who fills such vacancy shall hold office for the unexpired portion of the term for which the person in whose place he becomes a member would have otherwise continued in office.
(5) The Syndicate shall be the executive body of the University and shall, subject to the control of the Senate, have the management and administration of the revenue and property of the University and be responsible for the conduct of all administrative affairs of the University not otherwise provided for.
### 13. The Academic Council.
- The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation and be responsible for the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters.
### 14. Powers and duties of the authorities of the University.
- Subject to the provisions of this Act, the constitution, powers and duties of the authorities of the University shall be provided for by the Statutes.
### 15. Statutes.
- Subject to the provisions of this Act the Statutes may provide for all or any of the following matters, namely :-
(a) the constitution, powers and duties of the Senate, the Syndicate, the Academic Council and such other bodies as may be deemed necessary to constitute from time to time;
(b) the appointment, powers and duties of the officers of the University;
(c) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers the other employees of the University;
(d) the conferment of honorary degrees;
(e) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(f) the establishment and abolition of faculties, departments, halls, hostels, colleges and institutions;
(g) the conditions under which colleges and other institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(h) the institution of fellowships, scholarships, studentship, exhibitions; medals and prizes; and
(i) all other matters which by this Act are or may be provided for by the Statutes.
### 16. The making amendment, repeal and operation of Statutes.
(1) On the commencement of this Act, the Statutes of the University shall be those set out in the Schedule.
(2) The Senate may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this Section provided.
(3) The Syndicate may propose to the Senate the draft of any Statute to be passed by the Senate and such draft shall be considered by the Senate at its next succeeding meeting.
(4) The Senate may approve any such draft as is referred to in sub-section (3) and pass the statute or reject it or return it to the Syndicate for reconsideration, either in whole or in part, together with any amendments which the Senate may suggest:
Provided that the Syndicate shall not propose the draft of any Statute or of any amendment of a Statute affecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall be considered by the Senate.
(5) Any member of the Senate may propose to the Senate the draft of any Statute and the Senate may either reject the proposal or refer such draft for consideration to the Syndicate, which may either reject the proposal or submit the draft to the Senate in such form as the Syndicate may approve and the provisions of this Section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed to the Senate by the Syndicate.
(6) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the approval of the Chancellor who may sanction, disallow or remit it for further consideration.
### 17. Ordinances.
- Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely :-
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same, and the means to be taken relating to the granting and obtaining of the same;
(d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
(e) the conditions for the award of fellowships, scholarships, studentship, exhibition, medals and prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students at the University;
(i) the emoluments and the terms and conditions of service of teachers of the University;
(j) the management of Colleges and other institutions founded or maintained by the University;
(k) the supervision and inspection of Colleges and other institutions admitted to privileges of the University; and
(l) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.
### 18. Making of Ordinances, etc.
(1) Ordinances shall be made, amended, repealed or added to by the Syndicate :
Provided that no Ordinance shall be made -
(a) affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, unless a draft of such Ordinance has been proposed by the Academic Council.
(2) The Syndicate shall not have the power to amend any draft proposed by the Academic Council but may return it to the Academic Council for reconsideration, either in whole or in part, together with any amendments which the Syndicate may suggest, or reject it after it has been submitted for the second time. Where the Syndicate has rejected an Ordinance proposed by the Academic Council, it may appeal to the Senate which, after obtaining the views of the Syndicate, may, if it approves of the Ordinance; make the Ordinance and submit it to the Chancellor for approval.
(3) All Ordinances made by the Syndicate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted as soon as may be to the Senate and shall be considered by the Senate at its next succeeding meeting. The Senate shall have power, by a resolution passed by a majority of not less than two-thirds of the members present and voting at such meeting, to modify or cancel any such Ordinance and such Ordinance shall, from the date of such resolution, stand modified or cancelled as the case may be.
### 19. Regulations.
(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances -
(a) laying down the procedure to be observed at their meeting and the number of members required to form a quorum; and
(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by Regulations.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of the meetings.
### 20. Annual Report.
- The annual report of the University shall be prepared under the direction of the Syndicate, and shall be submitted to the Senate on or before such date as may be prescribed by the Statutes, and shall be considered by the Senate at its annual meeting. The Senate may pass resolutions thereon and communicate the same to the Syndicate.
### 21. Annual Accounts.
- The accounts of the incomes and expenditure of the University shall be submitted once in every year to the Government for such examination and audit as the Government may direct. The accounts when audited shall be published in the Punjab Government Gazette.
### 22. Acts or proceedings of University authorities and bodies not invalidated by vacancies.
- No act done, or proceeding taken, under this Act by any authority or other body of the University shall be invalid merely on the ground -
(a) of any vacancy or defect in the constitution of the authority or body, or
(b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof, or
(c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.
### 23. Disputes as to constitution of University authorities and bodies.
- If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
### 24. Special temporary powers of Government.
- If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University, or otherwise in first giving effect to the provisions of this Act, the Government may at any time before any authority of the University has been constituted by order make any appointment or do anything, consistent so far as may be with the provisions of this Act, which appears to it necessary or expedient for the purposes of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.
|
65ba5d1dab84c7eca86eb110 | acts |
State of Tamilnadu- Act
-------------------------
The Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Repeal Act, 2011
----------------------------------------------------------------------------------------------
TAMILNADU
India
The Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Repeal Act, 2011
==============================================================================================
Act 13 of 2011
----------------
* Published on 1 January 2011
* Commenced on 1 January 2011
The Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Repeal Act, 2011
Act
No. 13 of 2011
Statement of Objects and Reasons. - The quantum of assistance due to the beneficiaries has been prescribed in the Schedule to the Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Act, 2006 (Tamil Nadu Act
29 of 2006
) itself. As such, whenever the quantum of assistance is to be changed, an amendment is required, which makes the process complicated and cumbersome. Further, as per Section 7 of the said Tamil Nadu Act
29 of 2006
, the Agricultural Labourers-Farmers Welfare Board shall be responsible for administering the scheme and shall exercise the powers and discharged the functions, as maybe conferred on it by the scheme. But, the welfare scheme for agricultural labourers and farmers are implemented only by the officials of the Revenue Department. Therefore, the role of the Board for implementation of the welfare scheme is very limited. Moreover, the constitution of the Board and its non official members under the above said Act is an additional expenditure to the Government. In 2005, the Tamil Nadu Chief Minister's Farmers Security Scheme was implemented without the constitution of a Welfare Board. Further, it has been proposed that the Farmers Security Scheme will be revamped to suit the present condition and implemented for providing financial assistances to agricultural labourers, small and marginal farmers and their familiar in order to provide them with a social security scheme that will protect them from risk and uncertainty.
2. The Government have, therefore, decided to repeal the said Tamil Nadu Act
29 of 2006
.
3. The Bill seeks to give effect to the above decision.
Vide Bill No. 14 of 2011 - Published in Tamil Nadu Government Gazette Extra., Part IV, Section 1, Iss. No. 268, pages 69-70, dated August 18, 2011.
Received the assent of the Governor of Tamil Nadu on August 26,2011, published in Tamil Nadu Government Gazette, Extraordinary, Part IV, Section 2, Iss. No. 285, page 81, dated August 27, 2011.
An Act to repeal the Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Act, 2006.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-second Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Repeal Act, 2011.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
### 2. Repeal.
- The Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Act, 2006 (Tamil Nadu Act
29 of 2006
) is hereby repealed.
### 3. Transfer of accumulation in Tamil Nadu Agricultural Labourers-Farmers Social Security and Welfare Fund.
- The sum at the credit of the Tamil Nadu Agricultural Labourers-Farmers Social Security and Welfare Fund as on the date of commencement of this Act shall be transferred to such other fund or account as may be specified by the Government.
|
65b93e6fab84c7eca86e8b54 | acts |
State of Odisha - Act
-----------------------
The Orissa Industrial Housing Rules, 1969
-------------------------------------------
ODISHA
India
The Orissa Industrial Housing Rules, 1969
===========================================
Rule THE-ORISSA-INDUSTRIAL-HOUSING-RULES-1969 of 1969
-------------------------------------------------------
* Published on 27 August 1969
* Commenced on 27 August 1969
The Orissa Industrial Housing Rules, 1969
Published vide Notification No. 11112-2-H.-21/69-L.E.H., dated 27th August, 1969, Orissa Gazette Part 3/12-9-1969
Notification No. 11112-II-H.-21/69-L. E. H., dated 27th August, 1969. - In exercise of the powers conferred by Sub-section (2) of Section 22 of the Orissa Industrial Housing Act, 1966 (Orissa Act 1 of 1967), the State Government do hereby make the following rules, the same having been previously published as required by Sub-section (1) of the said section thereof, namely :
### 1. Short title and commencement.
(1) These rules may be called the Orissa Industrial Housing Rules, 1969.
(2) They extend to the whole of the State of Orissa.
(3) They shall come into force at once.
### 2. Definitions.
- In these rules unless there is anything repugnant to the subject or context-
(a) "Act" means the Orissa Industrial Housing Act, 1966;
(b) "agreement" means an agreement in Form 'C' appended to these rules;
(c) "Chairman" means the Chairman of the Advisory Committee;
(d) "Form" means a form appended to these rules;
(e) "member" means a member of the Advisory Committee;
(f) all other words and expressions used but not defined herein shall have the meaning as respectively assigned to them in the Act.
### 3. Term of office of the members of the Advisory Committee.
- The term of office of a non-official member of the Advisory Committee shall be two years commencing from the date of his nomination :
Provided that such member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is nominated.
(2) A non-official member of the Advisory Committee nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.
(3) The official member of the Advisory Committee shall hold office during the pleasure of the State Government.
### 4. Nomination of substitute members.
- If an official member is unable to attend a meeting of the Advisory Committee, the State Government shall, by notice in writing addressed to the Chairman of the said Committee, nominate a substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting only.
### 5. Travelling allowance.
- A non-official member of the Advisory Committee shall be entitled to draw travelling and daily allowances for the journey performed by him in connection with his duty as such member at the rate prescribed in the Finance Department Resolution No. 18937-F., dated the 6th August, 1955 as amended from time to time for non-official members attending committees and conferences appointed by Government.
### 6. Staff.
(1) The State Government may appoint a person to be the Secretary of the Advisory Committee and such other staff as it may think necessary and may fix the salaries and allowances payable to them and specify their conditions of service in consultation with the Finance Department.
(2) The Secretary shall assist the Chairman in convening meetings, keeping record of the minutes of such meetings and taking necessary measures to carry out the decisions of the Advisory Committee.
### 7. Resignation of the members of the Committee and filling up casual vacancies.
(1) A nominated non-official member may resign his office by a letter addressed to the Chairman of the Advisory Committee.
(2) The resignation by a non-official member shall take effect from the date of communication of its acceptance or on the expiry of thirty days from the date of tendering resignation, whichever is earlier.
### 8. Meetings.
(1) The Chairman may, subject to the provisions of Rule 9 call a meeting of the Advisory Committee at any time he thinks fit and may hold special meetings whenever circumstances so require.
(2) The Chairman shall call a special meeting of the Advisory Committee within fifteen days from the receipt of the requisition of not less than three members of the said Committee.
(3) At a special meeting only the business for which the meeting was called shall be considered.
### 9. Notice of the meeting.
(1) The Chairman shall fix the date and place of every meeting and a notice in writing containing the aforesaid particulars alongwith a list of business to be conducted at the meeting shall be sent to each member by registered post at least 15 days before the date fixed for such meeting.
(2) No business, which is not on the agenda, shall be considered at a meeting without the permission of the Chairman.
### 10. Quorum and adjournment of proceedings at meetings.
(1) Every question which the Advisory Committee is required to consider shall be considered at its meeting :
Provided that the Chairman may if he thinks fit direct that any matter shall be decided by circulation of necessary papers and receiving written opinions of the members :
Provided further that the papers need not be sent to a member who is absent from India.
(2) Where a question is referred for opinion under the first proviso to Sub-rule (1) any member may request that it be considered at a meeting of the Advisory Committee and thereupon the Chairman may allow the request, but if such request is made by three or more members, the Chairman shall direct that the question be so considered.
(3) The Chairman shall preside at every meeting of the Advisory Committee. In the absence of the Chairman, the members present shall elect one of the members to preside at that meeting. The member so elected to preside at the meeting shall exercise all the powers of the Chairman.
(4) No business shall be conducted at a meeting of the Advisory Committee, whether ordinary or special unless at least three members are present :
Provided that if at any meeting less than three members are present the Chairman may adjourn the meeting to a date not later than three days from the date of the adjourned meeting. He shall inform the members present and send notices to other members of the date and time of the adjourned meeting. It shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the members present.
(5) Every question that may come up before the meeting shall be decided by a majority of votes of the members present and voting on that question, but any member shall have the right of requiring his dissent to be recorded.
(6) Every question referred to the members for opinion shall, unless the Chairman, in pursuance of Sub-rule (2) of Rule 12 reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members who have submitted their opinion within the time allowed.
(7) In case of an equal division of votes or opinion, the Chairman shall have a casting vote or opinion, as the case may be.
(8) Minutes of the meeting - (a) The proceedings of each meeting of the Advisory Committee will be circulated to all the members and thereafter the same be recorded in a Minute Book which shall be kept as a permanent record. The record of the proceedings of the meeting shall be signed by the Chairman and kept under his custody.
### 11. Duties and functions of the Housing Commissioner.
- The Housing Commissioner shall have powers-
(a) to receive all payment of money under the Act;
(b) to re-enter, retake or resume possession of, any house whenever required, or the removal of an unauthorised occupant of a house;
(c) to issue notice to an occupant of a house for and in connection with the recovery of rent, electric charges and other dues; for ejectment, re-entry or retaking possession of the tenements or for unauthorised additions and alterations thereof and breach of any other terms and conditions of the agreement by an occupant or for any other purpose whatsoever;
(d) to issue notice to the employer of an occupant of a house to deduct the rent therefor from the salary or wages payable to such occupant;
(e) to order the recovery of arrears of rent and other dues as arrears of land revenue;
(f) to execute all documents as may be proper or necessary for the administration of the Act ; and
(g) to prescribe forms or registers and rent receipts and other records which he considers necessary for the proper administration of the Act.
### 12. Procedure and conditions of allotment.
(1) Whenever houses are vacant [or are likely to fall vacant]
[Inserted vide Orissa Gazette Part-III/10-11-1978.]
and the Housing Commissioner is of the opinion that they may be let out, he shall issue a notice in such manner as he thinks necessary specifying the number of houses available for allotment and the rent and other particulars thereof alongwith the terms and conditions of allotment. The said notice shall be affixed on the Notice Board of the Housing Commissioner. As many copies of the notice as there are managements, governed by the Factories Act, 1948, be sent at least 10 clear days in advance of the proposed allotment to the authorities of the said managements.
(2) Applications for allotment of houses shall be submitted in Form 'A' appended to these rules.
(3) All allotment shall be shown in a register to be maintained for the purpose.
(4) The Housing Commissioner shall, after considering the applications, issue the allotment orders in Form 'B' appended to these rules.
(5) No house shall be allotted to any worker unless he abides by the following conditions, namely :
(a) The allottee shall take possession of the said house from the Housing Commissioner or an officer authorised by him within fifteen days from the receipt of Intimation of the allotment;
(b) The allottee shall pay a sum of fifty rupees only to serve as security for the performance of the terms and conditions hereinafter appearing and of the obligations imposed on him by the Act;
(c) During the continuance of the allotment the allottee shall pay in cash to the officer authorised by the Housing Commissioner, the monthly rent and other charge [\* \* \*]
[Deleted vide Orissa Gazette Part-III/24-9-1972.]
. The money so paid shall be deposited in the treasury and a copy of the treasury chalan shall be forwarded to office of the Housing Commissioner;
(d) In addition to the rent for the house the allottee shall pay the electricity charges at such rates as may be fixed by the [Electricity Boards]
[Substituted vide Orissa Gazette Part-III/27-9-1972.]
from time to time. The allottee shall also be liable to pay any other reasonable charges at the rates fixed by the Housing Commissioner;
(e) The allottee shall not assign his right of tenancy and shall not sub-let or under-let or part-with possession of the house or any part thereof;
(f) The tenancy will be terminable by either party giving to the other one month's notice. If the allottee leaves the house without notice in writing, he shall be liable to pay one month's rent and all other charges due from him as may be [fixed]
[Substituted vide Orissa Gazette Part-III/27-9-1972.]
for the notice period in accordance with these rules;
(g) Any notice to be served on the allottee will be deemed to be duly and properly given and served if given by an officer, duly authorised by the Housing Commissioner in this behalf and shall be deemed duly served if it is personally delivered to the allottee or sent to him by registered post;
(h) The house shall only be used and re-occupied by the allottee of the bona fide member of his family for the purpose of residence;
(i) If any damage is caused to the tenement or any part thereof or to any fixtures and fittings therein otherwise than due to wear and tear the allottee shall be liable to compensate the Government the cost of such damage as may reasonably be fixed by the Government or the Housing Commissioner without prejudice to any other right which may be enforced against the allottee ;
(j) The Housing Commissioner may be at liberty to appropriate the amount of security or any part thereof, or any other sum which may be due to the allottee from Government, towards satisfaction or any claim whatsoever which may be due against him and recover the balance, if any, from him or his employer from the wages or salary earned by him and shall make good the amount of the security deposit or any part thereof;
(k) The allottee shall keep the house in a clean and sanitary condition;
(l) The allottee shall not allow water from any tap to run waste and shall not throw water or any other thing from out of the house;
(m) The allottee shall not make any additions to or alterations in the house or any part thereof and shall not remove any existing fixtures and fastenings and in the event of his contravening in any way the provisions, he shall be liable to pay the damages and cost on breach of this clause;
(n) The allottee shall not allow or accommodate in the house any person suffering from any contagious or infectious disease;
(o) The allottee shall not tamper with or damage any tree [\* \* \*]
[Deleted vide Orissa Gazette Part-III/24-4-1972.]
growing in the land belonging to Government of which the house is a part;
(p) The allottee being an industrial worker within the meaning of Section 2 (e) of the Act the tenancy shall cease forthwith as soon as he ceases to be an industrial worker :
Provided that where a worker dies while in service or goes on transfer, or retires or resigns, or goes on medical leave or where services are terminated by his employer, the allotment may, with the previous approval of the Housing Commissioner continue up to the period as detailed below :
(i) in the case of death or transfer, a period not exceeding two months;
(ii) in the case of retirement, resignation or termination of service, a period not exceeding one month ; and
(iii) in the case of medical or ordinary leave, for the period of leave.
(q) In June and December of every year and also whenever required by or on behalf of the Housing Commissioner, the allottee shall furnish a certificate from his employer to the effect that he continues to be an industrial worker as defined in Section 2 (e) of the Act ;
(r) if the house allotted to the allottee is not occupied by him within fifteen days of the receipt of the allotment, it shall be treated as cancelled;
The allottee shall abide by all the above conditions. Any change sought to be introduced in accordance with the Act and this agreement shall be enforced against the allottee on the termination of one month's notice;
(s) Notwithstanding anything contained in the provisions of Rule 12 an allottee may execute an agreement in favour of the Housing Commissioner in Form 'C' [affixing a pass-port size photograph on the said agreement]
[Inserted vide Orissa Gazette Part III/28-12-1978.]
;
(t) The possession of the house shall thereafter be given to the allottee by the Housing Commissioner or any other officer authorised by him in this behalf;
(u) Any worker desiring allotment of the premises in his favour shall be required to deposit a sum of fifty rupees only as security in the shape of [Savings Pass Book]
[Substituted vide Orissa Gazette Part-III/24-11-1972.]
to be pledged in favour of [Governor of Orissa]
[Substituted vide Orissa Gazette Part-III/24-11-1972.]
before the order of allotment is issued in his favour. This security will be refunded in case no allotment is made to him or on his vacating the house after deducting arrears of rent and other dues, losses and damages, if any, as will be determined by the Housing Commissioner;
(v) Allotment may also be made to persons other than eligible industrial workers if the Housing Commissioner is of the opinion that there is no sufficient demand from eligible industrial workers. Such allotment shall, however, be made with prior approval of the State Government and on full [market]
[Substituted vide Orissa Gazette Part-III/24-11-1972.]
rent as determined for the house of that colony and after charging a sum of Rs. 50 as security. The security deposit and refund will be made in the manner indicated in Clause (u) .
### 13. Payment of rent and other dues and the mode of payment.
- There shall be payable by every allottee of the house or, as the case may be, by his employer the monthly rent and other charges to the officer who shall be duly authorised by the Housing Commissioner on proper receipt. The Officer shall credit the house rent to the Treasury or Sub-Treasury under the head "XXXVII-Public Works Rent-House Rent" within seven days from the date of receipt of such payment. Other charges may be deposited either in cash or under the appropriate head account within seven days from the date of collection.
### 14. Assessment of damages for unauthorised occupation.
- In assessing damages for unauthorised use and occupation of any [house]
[Substituted vide Orissa Gazette Part-III/24-11-1972.]
the Housing Commissioner shall take into consideration the following matters :
(a) the purpose and the period for which the house were in unauthorised occupation;
(b) the nature, size and standard of accommodation available in such house;
(c) the rent that would have been realised if the house had been let out on [economic]
[Substituted vide Orissa Gazette Part-III/24-11-1972.]
rent for the period of unauthorised occupation;
(d) any damage done to the house during the period of unauthorised occupation; and
(e) any other matter which in the opinion of the Housing Commissioner is relevant for the purpose of assessing the damages.
### 15. No order of assessment of damages shall be passed by the Housing Commissioner unless the person proceeded against has been given an opportunity of being heard.
### 16. On receipt of an appeal the District Judge shall cause a notice to be served on the opposite party in Form 'F' together with a copy of the appeal petition and such notice shall be signed by the appellate authority or any subordinate officer authorised by him in this behalf. The appellate authority shall also intimate to the opposite party or his authorised agent to appear on the date and time referred to in Form 'F' by serving a copy of such notice on him.
### 17. Form of notices.
- Notice to vacate under Section 12 or cancel any allotment under which a house is held under Section 8 and notice of assessment of damages under Section 13 on account of the use or occupation of it shall respectively be in Forms 'D' and 'E'.
### 18. Mode of service of notice/order.
- The order and/or notice referred in Section 8 and the order referred to in Section 12 of the Act shall be served-
(i) by post ; or
(ii) by affixing a copy of such order or notice on the outer door of the house ; or
(iii) by any person authorised by the Housing Commissioner by delivering or tendering the notice and/or order to the occupier; or
(iv) in such other manner as may be deemed fit by the Housing Commissioner.
Form 'A'
[See Sub-rule (2) of Rule 12]
Application for allotment of house
### 1. (a) First preference................. (b)
Second preference...................
### 2. Applicant's- (a) Full name (in block letters)................
(b) Father's name................
(c) Present address.................
(d) Permanent address...................
### 3. Was the applicant's present accommodation provided by his employer? If so, why the applicant wants to shift from there ? ###
4. Occupation of the applicant (with details and Ticket No. if any........)
If permanent, temporary, probationary or casual..........
### 5. Initial pay, allowances and their total : | | |
| --- | --- |
|
Pay
|
Rs.
|
|
Allowance
|
Rs.
|
|
Total
|
Rs.
|
### 6. Employer's- (a) Full name and address....................
(b) Date of employment under the present employer...................
| | |
| --- | --- |
|
Date...................
|
Signature of Applicant
|
Certified that the applicant is an industrial worker according to Clause (1) of Section 2 of the Factories Act, 1948 and the statement given by him above is correct.
| | |
| --- | --- |
|
|
Signature of the Labour
|
|
Signature of the Employer
|
Welfare Officer
|
Form 'B'
[See Sub-rule (4) of Rule 12]
Allotment order
House No........ of Block No........ at........... is allotted to Shri......... son of Shri........ Ticket No......... an employee of M/s......... on a monthly rent of Rs......... exclusive of electricity and other charges, on the conditions noted below :
Housing Commissioner, Orissa
Copy forwarded to the Executive Engineer (R. & B.), P. W. D. for information and necessary action.
Conditions
### 1. The allottee shall pay the rent and other dues for each month on or before the 15th of the following month, to the person (s) authorised by the Housing Commissioner, Orissa to receive the same. ###
2. The allottee shall not assign his right of tenancy and shall not sub-let or otherwise transfer or part with possession of the house or any part thereof.
### 3. The house will be used and occupied for the purpose of residence only by the allottee and by the bona fide members of his family only and not otherwise. ###
4. If any damage is caused to the house or any part thereof or to any fixture, the allottee shall be liable to pay such compensation as may be determined by the Housing Commissioner, Orissa.
### 5. The allottee shall keep the house in clean and sanitary conditions. ###
6. The allottee shall not allow water from any tap to run waste.
### 7. The allottee shall not use the house in a manner so as to cause any inconvenience or nuisance or annoyance to the adjoining houses or neighbours. ###
8. The allottee shall not make any addition to or alteration in the house or in any part thereof and shall not remove any existing fixtures.
### 9. The allottee shall abide by all the above conditions and any change in or addition to them of which due notice is given to him. ###
10. As soon as the allottee ceases to be a worker as defined in the Factories Act, 1948, he shall send intimation of the same in writing to the Housing Commissioner, Orissa.
Form 'C'
[See Clause (b) of Rule 2 and Clause (s) of Sub-rule (5) of Rule 12]
An agreement made on the.......... day of.......... between the Governor of Orissa on the one part and ........son of ........resident of ........ (hereinafter referred to as the allottee) of the other part ;
Whereas the Housing Commissioner has, on the application of the allottee under Section.......... of the Orissa Industrial Housing Act, 1966, allotted to him a house No.......... constructed by the Government of Orissa for occupation by industrial workers under the Industrial Housing Scheme subsidised by the Government of India situated in the town of......... by his allotment order No.......... dated the.......;
And whereas the allottee hereby agrees to abide by the conditions, laid down in Rule 12 (5) of the Orissa Industrial Housing Rules, 1969 as forming part of his agreement ;
And whereas in pursuance of Section 11 of the said Act, the allottee hereby authorise his employer........... to deduct from his salary or wages Rs.......... per month as monthly rent of the house allotted to him and other sum or sums payable to the Housing Commissioner or such other officer as may be authorised by him in satisfaction of the rent and other charges respectively due from the allottee;
In witness whereof the parties thereto have signed this agreement on the respective dates shown against their signature...............
| | |
| --- | --- |
|
Dated...............
|
Signature of Allottee
|
|
|
(in full)
|
|
Witness..............
|
|
|
Address..............
|
|
|
Dated................
|
Signature of the Housing Commissioner acting in
the premises for and on behalf of Governor of Orissa
|
|
Witness..............
|
|
Designation...........
|
Form 'D'
[See Rule 17]
Notice under Section 8/12 of the Orissa Industrial Housing Act, 1966
No..........Date.......
To
Shri/Shrimati/Kumari..................
Whereas I, the undersigned, am satisfied-
\*(i) that you have not executed an agreement as required under Section 11 and are in arrears of rent and other charges in respect of a period of two months or more lawfully due from you in respect of the house described in the schedule appended hereto; or
\*(ii) that you have sub-let the whole or part of the schedule house allotted in your name ; or
\*(iii) that you have \*\*........and thereby have acted in contravention of the terms under which you were authorised to occupy and use the said house; or
\*(iv) that you are in unauthorised occupation of the said house;
Now, therefore, in exercise of the powers conferred on me under Section 8, read with Clause (b) of Sub-section (1) of Section 12 of the Orissa Industrial Housing Act, 1966 (Orissa Act 1 of 1967), I require you (as well as ............who is/are in occupation of the whole/a part of the said premises) to vacate it within one month of the date of service of this notice.
Schedule
----------
| | |
| --- | --- |
|
Date...................
|
Signature of the Housing Commissioner
|
\*. Any of the alternatives which is relevant to be specified.
\*\*. Specific contravention to be mentioned.
Form 'E'
[See Rule 17]
Notice under Section 13 of the Orissa Industrial Housing Act, 1966
To
Shri/Shrimati/Kumari..........
No.........Date........
Whereas you are in unauthorised occupation of the house described in the schedule appended hereto ;
And whereas in exercise of the powers conferred upon me by Subsection (1) of Section 13 of the Orissa Industrial Housing Act, 1966 (Orissa Act 1 of 1967) I, have assessed Rs......... as damages payable by you on account of the use and occupation of the said house;
You are hereby required to pay the said amount of damages on or before........
Schedule 2
------------
| | |
| --- | --- |
|
Date...................
|
Signature of the Housing Commissioner
|
Form 'F'
[See Rule 16]
Form of notice
To
Whereas Shri/Shimati.......... has filed an appeal against the orders of the Housing Commissioner, a copy of which is supplied herewith, you are hereby summoned to appear before me in person or by your authorised agent or by a pleader duly instructed and able to answer all material questions relating to the application or who shall be accompanied by some person able to answer such questions on the day of....... 20....... at...... a.m./p. m. to meet the point(s) raised in the application and as the date and time fixed for your appearance for the final disposal of the case, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your case.
Take notice that in default of your appearance on the date and time above mentioned, the case shall be heard and decided in your absence.
Signature of the District Judge
(Appellate Authority)
Copy forwarded to Shri/Shrimati............ (name and address of the opposite party) for information. He/She is hereby directed to appear before me in person or by a pleader or his/her authorised agent with all relevant documents and witnesses on the day and time mentioned above.
Take notice that in default of his/her absence or the day mentioned above the case shall be heard and decided in his/her absence.
Signature of the District Judge
(Appellate Authority)
N.B. - Should you apprehend that your witnesses will not attend [of]
[Inserted vide Orissa Gazette Part-III/24-11-1972.]
their own accord you can have a summons from this office to compel the attendance of and the production of any documents that you may require for the purposes of your case on applying to the Housing Commissioner and on depositing necessary expenses for the witnesses and persons producing documents.
|
65b9d0ccab84c7eca86ea0f0 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Zila Panchayats (Budget Estimates) Rules, 1997
---------------------------------------------------------
MADHYA PRADESH
India
The M.P. Zila Panchayats (Budget Estimates) Rules, 1997
=========================================================
Rule THE-M-P-ZILA-PANCHAYATS-BUDGET-ESTIMATES-RULES-1997 of 1997
------------------------------------------------------------------
* Published on 12 January 1998
* Commenced on 12 January 1998
The M.P. Zila Panchayats (Budget Estimates) Rules, 1997
Published vide Notification No. F. 1-50 (2) -22-P-2, dated 12-1-1998, M.P. Rajpatra (Asadharan), dated 13-1-1998 at p. 20 (77)
In exercise of the powers conferred by sub-section (1) of Section 73 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes following rules, the same having been previously published as required by sub-section (3) of the Section 95 of the said Act, namely :-
### 1. Short title.
- These rules may be called the Madhya Pradesh Zila Panchayats (Budget Estimates) Rules, 1997.
### 2. Definitions.
- In these rules, unless the context otherwise requires:-
(a) "Act" means the Madhya Pradesh Panchayat Adhiniyam, 1993 (No. 1 of 1994);
(b) "Financial Year" means the year commencing on the first day of April, and ending on 31st March of the succeeding calendar year;
(c) "Form" means a form appended to these rules;
(d) "Chief Executive Officer" means the Chief Executive Officer of Zila Panchayat;
(e) "Commissioner" means the Commissioner of Division;
(f) "Section" means a Section of the Act;
(g) "Year" means a Financial year.
### 3. Intimation by the Government of probable availability of funds.
- The various departments of the Government will intimate directly or through their District Officers to the Zila Panchayat and amounts likely to be allotted to the Zila Panchayat lor the various functions assigned to the Zila Panchayat, Janapada Panchayat and Gram Panchayat. As far as possible, the amount allotted for the Zila Panchayat, Janapada Panchayat and Gram Panchayat shall be indicated separately. Such intimation should be communicated to the Zila Panchayat by 10th day of August each year.
### 4. Allocation of funds to Janapada and Gram Panchayats.
- In respect of funds proposed to be provided to Zila Panchayat for Janapada and Gram Panchayats, the Zila Panchayat shall hold a meeting of Zila Panchayats and discuss and decide the allocation of funds to each Janapada Panchayat. The funds proposed to be allotted shall be communicated to each Janapada Panchayat latest by end of August each year.
### 5. Preparation of Statement of availability of funds by the Chief Executive Officer.
- The Chief Executive Officer of the Zila Panchayat shall prepare a statement of funds likely to be available including the Grant-in-Aid expected to be received from the various departments of Government for the functions assigned by them to the Zila Panchayat for the next year under different heads and for different programmes in Form No. ZPBE-I and communicate the same to Standing Committees of the Zila Panchayat by the 15th October.
### 6. Preparation of Estimates for activities by the Standing Committee.
- Every Standing Committee of the Zila Panchayat shall, in relation to the subject assigned to it, estimate its requirement of fund for each activity for the ensuing year by the 15th November keeping in view the availability of funds indicated by the Chief Executive Officer. The estimates so prepared shall be sent by the Chief Executive Officer to the General Administration Committee for scrutiny by the 30th November.
### 7. Scrutiny of estimates and inclusion of the requirement in the next Annual Budget.
- The General Administration Committee of the Zila Panchayat shall scrutinize the estimates of the programmes received from the different Standing Committees from financial point of view and shall submit their views to the Zila Panchayat by the 15th December. The Zila Panchayat shall then take provisional decisions for including the various requirements in the annual budget to be framed for the next year.
### 8. Preparation of Budget.
- The Chief Executive Officer after examination of the proposals, about the programmes for the ensuring year received from the various Standing Committees and proposed allocation to Janapada Panchayat as under Rule 4 shall on or before the first day of January each year cause to be prepared and laid before the General Administration Committee of the Zila Panchayat an estimate of the Income and Expenditure of the Zila Panchayat for the next financial year in Form No. ZPBE- II.
### 9. Budget Notes.
- The basis on which the estimates in the budget have been made shall be shown in detail in budget notes which shall form an appendix to the budget.
### 10. Government Grant to be exhibited separately in the Closing Balance.
- The estimated opening and closing balances shall show separately the amounts of any un-expended portion of specific purpose grants of loans received from the State Government or from other sources, at the beginning and at the end respectively of the financial year.
### 11. Guidelines for preparation of Budget Estimates.
- The following points shall be taken into consideration while framing the estimate of Income and Expenditure for the next financial year :-
(a) The estimate of income should be exhaustive and cautious and provide for the collections of entire loans outstanding and those falling due during the budget year;
(b) Estimate should be as close and accurate as possible. A saving in an estimate is as much a financial irregularity as an excess;
(c) The estimate of Income shall be based on a comparison of the last two years Income and in case of fixed Income upon actual demand inclusive of any arrears due and the probability of their realisation;
(d) The estimate of expenditure of fixed establishment as well as fixed monthly recurring charges on account of rent, allowances etc., shall be made according to the actual sanctioned scale, irrespective of savings and shall provide for the gross sanctioned pay without deduction of Income Tax etc.;
(e) The estimation of grant must be on realistic basis;
(f) For contingent expenditure, the estimate shall be based upon the average actual expenditure for the past two years, exclusive of any special items of expenditure that may have been incurred during this year;
(g) Funds allotted by Government and other agencies for specific functions shall be provided only for those functions without any diversion for other purposes;
(h) Provision should be made for the discharge of all liabilities in respect of loans contracted by the Zila Panchayat and for all other commitments falling due for payment during the financial year;
(i) A provision shall be made in the budget estimate to complete the incomplete works with a view to their accomplishment in the next financial year or years;
(j) Variations of more than twenty per cent between the figure of the current budget and those of the previous year should be adequately explained;
(k) The estimated amount in the budget should be rounded off to the nearest multiple of thousand. For example Rs. 3700 should be noted as 4000 and Rs. 3200 as Rs. 3000;
(l) Due account should be taken of contributions from people and Institutions for aided self keeping programmes.
### 12. Circulation among member.
- The Chief Executive Officer shall circulate the budget estimates, after consideration by the General Administration Committee to the Members of Zila Panchayat not later than by 10th January, each year.
### 13. Consideration and Approval of Budget Estimates.
(1) The Zila Panchayat shall consider and approve the budget estimates by 20th day of January and submit the same to the Prescribed Officer for final approval, latest by 31st January.
(2) On receipt of budget estimates from the Zila Panchayats the Prescribed Officer shall examine the budget estimates and shall communicate its approval, with or without modifications by 15th day of March. A copy of the budget must also be sent to the Director of Panchayat & Social Welfare.
### 14. Provision in the Budget is not a sanction.
- The Sanctioning of the budget shall not by itself be deemed to authorise the Zila Panchayat to the incurring of all the expenditure provided therein unless the individual scheme or items with details of expenditure and staff have been already approved by the Zila Panchayat or any other competent authority. Broadly these details should be got approved before the budget is sanctioned. If any item is proposed to be taken up at a later stage the detailed sanction shall be invariably obtained before any expenditure is incurred on that item, Orders of the competent authority for the sanction of any item included in the budget\* shall be invariably obtained before any expenditure is incurred on that item.
### 15. Expenditure in excess of Budget allotment.
- The Zila Panchayat shall have no authority to incur any expenditure on any item which is not included in the budget. For any expenditure in excess of budget allotment, the source from which money required for the proposed expenditure is to be funded shall be indicated. Whenever a sanction of any authority is required for any proposed expenditure such sanction shall be obtained by the Zila Panchayat before incurring the expenditure.
### 16. Supplementary Budget.
- Where at any time during the year, it is felt that the provisions made in the budget may not be adequate and expenditure are likely to exceed the provisions or some expenditure is likely to be incurred for which no provision was made in the budget, or otherwise changes needs lo be made with regard to budgetary provisions, the Chief Executive Officer in consultation with the General Administration Committee, shall prepare a supplementary budget in Form No. ZPBE-III and place it before the Zila Panchayat for consideration and approval. The approval supplementary' budget, shall along with a detailed report justifying the proposed additional demands be also sent to the Commissioner for final approval.
### 17. Re-appropriation.
- The amount provided in the budget as sanctioned, can be appropriated and prepared in Form No. ZPBE-IV by the Zila Panchayat from one head to another subject to the following conditions :-
(a) Funds given by Central Government or State Government or other authorities, Institutions etc. for special schemes by way of grants or loans, should not be diverted and re-appropriated in any circumstances for any other scheme without the approval of the authority concerned;
(b) The proposed re-appropriation must be sanctioned by the Zila Panchayat at a meeting; and
(c) Such re-appropriation of the funds shall be intimated to the Commissioner within 15 days of the decision by the Zila Panchayat.
### 18. Lapsing of Budget Grants.
- The provisions made in the budget shall lapse at the end of the financial year to which it relates and no part of it remaining un-expended at the end of the year shall be utilised unless it is provided in the budget again in the following next year.
### 19. Budget Heads.
- All the provision proposed for the various expenditure and income must be under the approved budget heads and budget codes given in Form No. ZPBE-II.
### 20. Budget Heads and Budget Code not to be changed.
- No Change shall be made in the prescribed list of budget heads and budget code numbers without the approval of the State Government and the same heads shall be used in all accounts maintained by the Zila Panchayat.
### 21. Repeal and Saving.
- All rules corresponding to these rules in force immediately before the commencement of these rules, are hereby repealed :
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
Form No. ZPBE-I
[See Rule 5]
.... Zila Panchayat
State of Probable availability of fund for the period 1st April .... to 31st March
| | | | |
| --- | --- | --- | --- |
|
S.No.
|
Source of probable receipts
|
Name of the Scheme
|
Budgetary Provision for the current year
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
Expenditure incurred till date
|
Revised estimate for the current year
|
Probable receipts for the next year
|
Remarks
|
|
(5) |
(6) |
(7) |
(8) |
|
|
Chief Executive Officer
Form No. ZPBE-II
[See Rule 8]
Budget Estimates of Probable Receipts and Expenditure of Zila Panchayat...............
For The Period 1st April .... To 31st March.......
| | | | |
| --- | --- | --- | --- |
|
Sl.No.
|
Budget Code No.
|
Budget Head
|
Actuals of the last year
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
Estimates for the current year
|
Actuals upto 31st December
|
Revised Estimates for the current year
|
Estimate for the ensuing year
|
|
(5) |
(6) |
(7) |
(8) |
|
|
| | | |
| --- | --- | --- |
|
SI. No.
|
Budget Code No.
|
Budget Head
|
|
(1) |
(2) |
(3) |
|
|
10000
|
Receipts.
|
|
|
1
|
10000
|
Opening Balances as on 1st April
|
|
|
|
|
1. Cash in hand.
|
|
|
|
|
2. Cash at Bank/Post/Office/Treasury
|
|
|
|
|
(including the following un-expended
|
|
|
|
|
balances of Grants Loans)
|
|
|
|
|
(1) Rs.
|
|
|
|
|
(2) Rs.
|
|
|
|
|
(3) Rs.
|
|
|
|
|
(4) Rs.
|
|
|
|
|
|
|
----------------------------
|
|
2
|
10000-15999
|
Income
|
|
|
3
|
10001-10050
|
(a) Income from Taxes and Licences
|
|
|
|
10001
|
Licence Fee of Fish Ponds.
|
|
|
|
10002-10050
|
Other Taxes and Fees specify,
|
|
|
4
|
10051-10099
|
Other Income
|
|
|
|
10051
|
Income from hire charges on machinery.
|
|
|
|
10052
|
Income from Rest Houses etc.
|
|
|
|
10053
|
Rent received on own properties.
|
|
|
|
10054
|
Rent received on Government properties vested in Zila
Panchayat.
|
|
|
|
10055
|
Fines and Penalties.
|
|
|
|
10056
|
Interest received on Investments.
|
|
|
|
10057
|
Interest received on Bank Deposits.
|
|
|
|
10058
|
Interest received on loans to panchayats.
|
|
|
|
10059
|
Interest received on loans and advances to staff.
|
|
|
|
10060
|
Interest on loans to others.
|
|
|
|
10061
|
Income from sale of stocks/Assets.
|
|
|
|
10062
|
Donations received.
|
|
|
|
10063
|
Miscellaneous receipts.
|
|
|
|
10064-10099
|
Other receipts -specify.
|
|
|
5
|
10100
|
Grant in aid from the State Government for Zila
Panchayat’s own use.
|
|
|
|
10101-10120
|
Rural development programmes.
|
|
|
|
10101
|
Grants for DRDA Schemes.
|
|
|
|
10102
|
Grants for Grameena Aawas Yojana.
|
|
|
|
10103
|
Grants for Survey of Rural Development Programmes.
|
|
|
|
10104-10120
|
Other grants -specify.
|
|
|
|
10121-10140
|
Rural Electrification including distribution of
Electricity.
|
|
|
|
10121
|
Grant for promotion and development for non-conventional
energy sources.
|
|
|
|
10122
|
Grant for energy saving schemes.
|
|
|
|
10123
|
Grant for preparation and implementation of Integrated rural
energy programmes.
|
|
|
|
10124-10140
|
Other grants -specify.
|
|
|
|
10141-10160
|
Khadi Gramodhyog and Village Industries.
|
|
|
|
10141
|
Grant for promotion of Village and Cottage Industries.
|
|
|
|
10142
|
Grant for promotion and development of Sericulture.
|
|
|
|
10143
|
Grant for promotion and development of Leather Industries.
|
|
|
|
10144
|
Grant for setting up and maintenance of
Training-cum-production centres.
|
|
|
|
10145-10160
|
Other grants -specify.
|
|
|
|
10161-10180
|
Development of Forest and Social Forestry Schemes.
|
|
|
|
10161
|
Grant for Development of Minor Forest Produces.
|
|
|
|
10162
|
Grant for plantation of Fuel Wood and Development of grazing
grounds.
|
|
|
|
10163
|
Grant for waste land development programmes.
|
|
|
|
10164
|
Grant for promotion and development of agroforestry and
social forestry.
|
|
|
|
10165
|
Grant for establishment and maintenance of Nurseries.
|
|
|
|
10166
|
Grant for soil and water conversation schemes.
|
|
|
|
10167
|
Grant for forestry competitions and awards.
|
|
|
|
10168-10180
|
Other grants -specify.
|
|
|
|
10181-10200
|
Public Health Engineering.
|
|
|
|
10181
|
Grant for constructions work (Drinking Water supply schemes)
|
|
|
|
10182
|
Grant for water treatment.
|
|
|
|
10183
|
Grant for water testing scheme.
|
|
|
|
10184-10200
|
Other grants -specify.
|
|
|
|
10201-10220
|
Public Works Department.
|
|
|
|
10201
|
Grant for construction of Roads.
|
|
|
|
10202
|
Grant for construction of Nullahs, Culverts and Bridges.
|
|
|
|
10203
|
Grants for construction of Buildings.
|
|
|
|
10204
|
Grants for Repairs and Maintenance of Roads.
|
|
|
|
10205
|
Grants for Repairs and Maintenance of Culverts.
|
|
|
|
10206
|
Grants for Repairs and Maintenance of Buildings.
|
|
|
|
10207
|
Grants for development and maintenance of ferries and other
water routes.
|
|
|
|
10208-10220
|
Other grants - specify.
|
|
|
|
10221-10240
|
Public Health and Family Welfare Schemes
|
|
|
|
10221
|
Grant for promotion of Family Welfare programmes.
|
|
|
|
10222
|
Grant for promotion and development of mother and child
health.
|
|
|
|
10223
|
Grant for implementation of immunisation programmes.
|
|
|
|
10224
|
Grant for health care of school Children.
|
|
|
|
10225
|
Grant for Hospitals, Primary Health Centres and Dispensaries.
|
|
|
|
10226
|
Grant for Eradication and control of TB, Malaria, Filaria,
Blindness, AIDS etc.
|
|
|
|
10227
|
Grants for implementation of Vatsalya Aayushmati and other
schemes.
|
|
|
|
10220-10240
|
Other grants - specify.
|
|
|
|
10241-10260
|
Women and Child Development
|
|
|
|
10241
|
Grant for integrated child development programme
|
|
|
|
10242
|
Grant for implementation of ‘Mid-day-meal-scheme’.
|
|
|
|
10243-10260
|
Other grants -specify.
|
|
|
|
10261-10280
|
Social Welfare Schemes
|
|
|
|
10261
|
Grant for providing artificial limbs feet to disabled.
|
|
|
|
10262
|
Grant for providing machines and equipments to disabled.
|
|
|
|
10263
|
Grant for welfare schemes of the handicapped and mentally
retarded.
|
|
|
|
10264
|
Grant for welfare of SC’s ST’s and weaker
sections.
|
|
|
|
10265-10280
|
Other grants - specify.
|
|
|
|
10281-10300
|
Welfare Programmes and Activities for Scheduled Castes,
Scheduled TVibes and Other Backward Classes.
|
|
|
|
10281
|
Grant for publicity, promotion and implementation of welfare
schemes for SC and ST.
|
|
|
|
10282
|
Grant for construction of school buildings.
|
|
|
|
10283
|
Grant for Local development programmes for SC, ST, and OBC.
|
|
|
|
10284
|
Grant for Running and Maintenance of Schools.
|
|
|
|
10285
|
Grant for Tribal group marriages.
|
|
|
|
10286
|
Grant for Girls Literacy programme.
|
|
|
|
10287
|
Grant for Scholarships to students and others.
|
|
|
|
10288
|
Grant for legal aid to SC, ST and OBC.
|
|
|
|
10289-10300
|
Other Grants -specify.
|
|
|
|
10301-10320
|
Veterinary,, Animal Husbandary, Dairy and Poultry
Development.
|
|
|
|
10301
|
Grant for construction of Veterinary Hospital.
|
|
|
|
10302
|
Grant for construction, maintenance and running of Mobile
Veterinary Hospital.
|
|
|
|
10303
|
Grant for establishment, running and maintenance of
veterinary Hospital and Animal Health Centres.
|
|
|
|
10304
|
Grant for Animal Breeding Centres.
|
|
|
|
10305
|
Grant for prevention and control of Animal diseases.
|
|
|
|
10306
|
Grant for Milk Development Schemes.
|
|
|
|
10307
|
Grant for all time availability of fodder project.
|
|
|
|
10308
|
Grant for poultry development schemes.
|
|
|
|
10309
|
Grant for piggeries promotion and development schemes.
|
|
|
|
10310-10320
|
Other grants -specify.
|
|
|
|
10321-10340
|
Promotion and Development of Fisheries.
|
|
|
|
10321
|
Grant for Fisheries promotion and development programme.
|
|
|
|
10322
|
Grant for fish farmer development agency programme.
|
|
|
|
10323
|
Grant for loans and subsidies for fisheries.
|
|
|
|
10324
|
Grant for subsidies to fish farmers co-operatives.
|
|
|
|
10325
|
Grant for implementation of fishery schemes under URDP.
|
|
|
|
10326-10340
|
Other grants - specify.
|
|
|
|
10341-10360
|
Promotion and Development of Agriculture.
|
|
|
|
10341
|
Grant for publicity for promotion and development of
griculture.
|
|
|
|
10342
|
Grant for Agricultural extension programme.
|
|
|
|
10343
|
Grant for cotton development programme.
|
|
|
|
10345
|
Grant for promotion of oil-seed and coarse grain crops.
|
|
|
|
10346
|
Grant for crop protection programme.
|
|
|
|
10347
|
Grant for promotion and development for Bio-gas projects.
|
|
|
|
10348
|
Grant for promotion of Bio-fertilisers and compost.
|
|
|
|
10349
|
Grant for development of unused and waste lands.
|
|
|
|
10350
|
Grant for promotion of development and subsidies of modern
sprinkler and drip-irrigation.
|
|
|
|
10351
|
Grant for construction of small ponds and stop dams.
|
|
|
|
10352
|
Grant for construction, maintenance and implementation of
minor irrigation schemes.
|
|
|
|
10353
|
Grant for Training of Farmers.
|
|
|
|
10354
|
Grant for organising "Krishi Mela" and exhibitions.
|
|
|
|
10355-10360
|
Other grants - specify.
|
|
|
|
10361-10380
|
Horticulture Development Programme.
|
|
|
|
10361
|
grant for establishment of Horticultural gardens.
|
|
|
|
10362
|
Grant for subsidies on plantations of fruit trees.
|
|
|
|
10363
|
Grant for Training of Farmers;
|
|
|
|
10364
|
Grant for extension and training of Horticulture.
|
|
|
|
10365
|
Grant under integrated Horticulture development programme.
|
|
|
|
10366
|
Grant for promotion and development of Horticulture.
|
|
|
|
10367-10380
|
Other grants-specify.
|
|
|
|
10381-10400
|
Land Improvement and Soil Conservation.
|
|
|
|
10381
|
Grant for implementation of land improvement and soil
conservation programmes.
|
|
|
|
10382
|
Grant for water conservation schemes.
|
|
|
|
10383-10400
|
Other grants - specify.
|
|
|
|
10401-10420
|
Grants for Educational Programmes.
|
|
|
|
10401
|
Construction of Higher Secondary School buildings (including
extensions).
|
|
|
|
10402
|
Grant for planning, supervision and maintaining of non-formal
education programme.
|
|
|
|
10403
|
Grants out of "Social Equipment Fund" for repairs
and maintenance of school buildings.
|
|
|
|
10404
|
Grant for Book bank scheme.
|
|
|
|
10405
|
Scholarships to students.
|
|
|
|
10406
|
Grant for technical training and Vocational education.
|
|
|
|
10407-10420
|
Other grants -specify.
|
|
|
|
10421-10440
|
Grant for Sports and Youth Welfare Activities.
|
|
|
|
10421
|
Grant for District level sports training.
|
|
|
|
10422
|
Grant for District level rural sports meet.
|
|
|
|
10423
|
Grant for District level women's sports meet.
|
|
|
|
10424
|
Grant for supply of sports equipments to District coaching
centres.
|
|
|
|
10425
|
Grant for District level sports taken search.
|
|
|
|
10426
|
Grant for construction and maintenance of open air stadium.
|
|
|
|
10427
|
Grant for Nehru youth centres/youth clubs.
|
|
|
|
10428-10440
|
Other grants - specify.
|
|
|
|
10441-10460
|
Food and Civil Supplies Programmes.
|
|
|
|
10441
|
Grant for supervision of supply of essential commodities.
|
|
|
|
10442-10460
|
Other grants - specify.
|
|
|
|
10461-10480
|
Planning, Economic and Statistics.
|
|
|
|
|
Specify
|
|
|
|
10481-10500
|
Labour and Manpower Planning.
|
|
|
|
|
Specify
|
|
|
|
10501-10520
|
Revenue Department.
|
|
|
|
|
Specify
|
|
|
|
10521-10570
|
Finance Department.
|
|
|
|
|
Specify
|
|
|
|
10571-10600
|
Water Resources Department.
|
|
|
|
|
Specify
|
|
|
|
10571
|
Grant for irrigation projects (construction) .
|
|
|
|
10572
|
Grant for Repairs and Maintenance of Irrigation Projects.
|
|
|
|
10573-10600
|
Other grants -specify.
|
|
|
|
10601-10620
|
Grant-in-Aid from Panchayat Raj Fund.
|
|
|
|
10601
|
Zila Panchayats share in land revenue collected.
|
|
|
|
10602-10620
|
Other receipts for M.P. Panchayat Raj Fund.
|
|
|
|
10621-10800
|
General/Special Grants for the Government.
|
|
|
6
|
10801-10900
|
Funds/Grants Received for Janapada/Gram Panchayats.
|
|
|
7
|
10901-11000
|
Share in Joint Work (construction) .
|
|
|
8
|
11001-11999
|
Capital Receipts and Adjustments.
|
|
|
9
|
11001-11099
|
(A) Loans.
|
|
|
|
11001
|
Loans from Government.
|
|
|
|
11002-11050
|
Loans from Panchayat.
|
|
|
|
11051
|
Loans from Panchayat Raj Vitta Nigam.
|
|
|
|
11052
|
Loans from Banks.
|
|
|
|
11053-11099
|
Other loans (please specify the source).
|
|
|
10
|
11100-11199
|
Receipt of Security and other deposits by Zila Panchayat.
|
|
|
|
11101
|
Security deposit received.
|
|
|
|
11102
|
Earnest money received.
|
|
|
|
11103-11199
|
Other deposits received -specify.
|
|
|
11
|
21941-22000
|
Recovery of Deposits made by Zila Panchayat.
|
|
|
|
21941
|
Recovery of Security Deposits made.
|
|
|
|
21942
|
Recovery of Earnest money deposited.
|
|
|
|
21943-22000
|
Recovery other deposits made - specify.
|
|
|
12
|
22001-22299
|
Recovery of Loans and deposits from Janpada Panchayat/Gram
Panchayat and others.
|
|
|
|
22001-22299
|
Recovery of loans from Gram panchayat.
|
|
|
|
22300-22499
|
Recovery of loans from Janapada Panchayat.
|
|
|
|
22500-22999
|
Recovery of loans from others -specify.
|
|
|
13
|
23000-23999
|
Recovery of Loans and Advances to Employees and others.
|
|
|
|
23001
|
Recovery of Vehicle loan.
|
|
|
|
23002
|
Recovery of House building loan.
|
|
|
|
23003
|
Recovery of CiPF/PF loan.
|
|
|
|
23004
|
Recovery of Grain advance loan.
|
|
|
|
23005
|
Recovery of Travelling advance.
|
|
|
|
23006
|
Recovery of Festival advance.
|
|
|
|
23007-23099
|
Recovery of other advances to staff.
|
|
|
|
23100-23199
|
Recovery of advances to out-siders -specify.
|
|
|
|
|
Grand Total of Receipts,
|
|
|
|
14
|
20000
|
EXPENDITURE
|
|
|
15
|
20001-20999
|
A. REVENUE EXPENSES.
|
|
|
|
20001-20199
|
I. ADMINISTRATIVE EXPENDITURES.
|
|
|
|
20001
|
Salary & Wages to Staff & Officers (including DA,
CCA, IR, HRA and others Allowances).
|
|
|
|
20002
|
Salaries and Allowances to Secretary.
|
|
|
|
20003
|
Contribution to Provident Fund.
|
|
|
|
20004
|
Reimbursement of Medical Expenses.
|
|
|
|
20005
|
Bonus/Ex-gratia to employees.
|
|
|
|
20006
|
Gratuity payments.
|
|
|
|
20007
|
Rent on accommodation hired for staff.
|
|
|
|
20008
|
Rent on accommodation hired for President/Vice-President.
|
|
|
|
20009
|
Honorarium to President.
|
|
|
|
20010
|
Honorarium to Vice-President.
|
|
|
|
20011
|
Sitting fee for meeting of Panchayat.
|
|
|
|
20012
|
Travelling expenses to staff.
|
|
|
|
20013
|
Travelling expenses to President/Vice-President.
|
|
|
|
20014
|
Meeting expenses.
|
|
|
|
20015
|
Vehicle running & Maintenance expenses.
|
|
|
|
|
(including replacement of Tyres, Tubes and Batteries).
|
|
|
|
20016
|
Rent of office accommodation for hired building for use of
Panchayats office work.
|
|
|
|
20017
|
Electricity and Water Charges.
|
|
|
|
20018
|
Printing & Stationery.
|
|
|
|
20019
|
Postage Expenses.
|
|
|
|
20020
|
Telephone Expenses.
|
|
|
|
20021
|
Entertainment Expenses.
|
|
|
|
20022
|
News Papers & Periodicals.
|
|
|
|
20023
|
Advertisement & Publicity.
|
|
|
|
20024
|
Repairs to Building & Properties.
|
|
|
|
20025
|
General repairs expenses.
|
|
|
|
20026
|
Expenditure on General maintenance and up-keep of office.
|
|
|
|
20027
|
Miscellaneous expenses.
|
|
|
|
20028
|
Bank charges (commission on preparation) of Drafts and
collection charges levied by the Bank).
|
|
|
|
20029
|
Legal expenses.
|
|
|
|
20030
|
Audit fee.
|
|
|
|
20031
|
Insurance charges.
|
|
|
|
20032
|
Interest on loans (specify) .
|
|
|
|
20033
|
Local conveyance charges.
|
|
|
|
20034
|
Freight and Transportation charges.
|
|
|
|
20035
|
Encroachment removal expenses.
|
|
|
|
20036
|
Maintenance and Development of Sites.
|
|
|
|
20037
|
Epidemic/Calamities relief expenses.
|
|
|
|
20038
|
Functions and Festivals.
|
|
|
|
20039
|
Religious and Charitable expenses.
|
|
|
|
20040-20045
|
Grant in Aid (specify) .
|
|
|
|
20046-20099
|
Other expenses (specify) .
|
|
|
|
21000-25000
|
Expenses out of Funds Received from the State Government.
|
|
|
|
21001-21050
|
Rural Development Programmes.
|
|
|
|
21001
|
DRDA Scheme expenses.
|
|
|
|
21002
|
Grameena Aawas Yojana expenses.
|
|
|
|
21003
|
Survey expenses for Rural Development Programmes.
|
|
|
|
21004-21050
|
Other expenses -specify.
|
|
|
|
21051-21000
|
Rural Electrification and Energy Expenses.
|
|
|
|
21051
|
Expenses on promotion and development of non-conventional
energy sources.
|
|
|
|
21052
|
Expenses on energy saving schemes.
|
|
|
|
21053
|
Expenses on preparation and implementation of integrated
rural energy programmes.
|
|
|
|
21054-21099
|
Other expenses -specify.
|
|
|
|
21100-21150
|
Khadi Gramodhyog and Village Industries Expenses.
|
|
|
|
21101
|
Expenses on promotion of village and cottage industries,
|
|
|
|
21102
|
Sericulture promotion and development expenses.
|
|
|
|
21103
|
Leather Industries Promotion and Development Expenses.
|
|
|
|
21104
|
Expenses on setting up and maintenance of
Training-cum-production centre.
|
|
|
|
21105-21150
|
Other expenses -specify.
|
|
|
|
21151-21200
|
Development of Forest and Social Forestry Expenses.
|
|
|
|
21151
|
Expenses on plantation on road sides and on other lands.
|
|
|
|
21152
|
Expenses on Wasteland Development.
|
|
|
|
21153
|
Plantation of fuel wood and development of grazing grounds
expenses.
|
|
|
|
21154
|
Grant for development of Minor produce.
|
|
|
|
21155
|
Expenses on promotion and development of Agro Forestry and
Social Forestry.
|
|
|
|
21156
|
Expenses on establishment and maintenance of Nurseries.
|
|
|
|
21157
|
Soil and Water conservation expenses.
|
|
|
|
21158
|
Expenses on Social Forestry Competitions and Awards.
|
|
|
|
21159-21200
|
Other expenses - specify.
|
|
|
|
21201-21250
|
Public Health Engineering Expenses.
|
|
|
|
21201
|
Expenses on water supply schemes (conservation) .
|
|
|
|
21202
|
Repairs and maintenance of hand pumps.
|
|
|
|
21203
|
Water Treatment expenses.
|
|
|
|
21204
|
Water Testing expenses.
|
|
|
|
21205-21250
|
Other expenses -specify.
|
|
|
|
21251-21300
|
Public Works Department Expenses.
|
|
|
|
21251
|
Construction of Road.
|
|
|
|
21252
|
Expenses on construction of Nullahs.
|
|
|
|
21253
|
Expenses on construction of culverts.
|
|
|
|
21254
|
Expenses on construction of bridges.
|
|
|
|
21255
|
Construction of Building.
|
|
|
|
21256
|
Repairs and maintenance of buildings.
|
|
|
|
21257
|
Repairs and maintenance of roads.
|
|
|
|
21258
|
Repairs & maintenance of culverts and bridges.
|
|
|
|
21259
|
Development of water routes.
|
|
|
|
21260-21300
|
Other expenses ^specify.
|
|
|
|
21301-21350
|
Public Health and Family Welfare Expenses.
|
|
|
|
21301
|
Expenses on promotion of family welfare programme.
|
|
|
|
21302
|
Expenses on promotion of Mother & Child health schemes.
|
|
|
|
21303
|
Immunisation expenses.
|
|
|
|
21304
|
Expenses on Hospitals.
|
|
|
|
21305
|
Expenses on dispensaries.
|
|
|
|
21306
|
Expenses on Health care schemes for school children.
|
|
|
|
21307
|
TB, Malaria, Filaria, Blindness, AIDS etc. control and
eradication expenses.
|
|
|
|
21308
|
Expenses under "VATSALYA" scheme.
|
|
|
|
21309
|
Expenses under "AAYUSHMATI" scheme.
|
|
|
|
21310-21350
|
Other expenses -specify.
|
|
|
|
21351-21400
|
Women and Child Development Expenses.
|
|
|
|
21351
|
Integrated child development programme expenses.
|
|
|
|
21352
|
Expenses on Women Awareness schemes.
|
|
|
|
21353
|
Mid-day meal expenses.
|
|
|
|
21354-21400
|
Other expenses-specify.
|
|
|
|
21401-21450
|
Welfare Programmes and Activities for Scheduled Castes,
Scheduled TVibes and Other Backward Classes.
|
|
|
|
21401
|
Publicity of welfare scheme!
|
|
|
|
21402
|
Repairing and Maintenance of schools.
|
|
|
|
21403
|
Construction of school buildings.
|
|
|
|
21404
|
Expenses on development programmes for SC & ST.
|
|
|
|
21405
|
Expenses on Tribal Group marriages.
|
|
|
|
21406
|
Legal Aid to SC & ST.
|
|
|
|
21407-21450
|
Other expenses -specify.
|
|
|
|
21451-21500
|
Veterinary, Animal Husbaiidary, Dairying and Poultry
Development Expenses.
|
|
|
|
21451
|
Construction of veterinary Hospital Buildings.
|
|
|
|
21452
|
Purchase and running of mobile veterinary hospital.
|
|
|
|
21453
|
Establishment of veterinary hospitals.
|
|
|
|
21454
|
Repairing and maintenance of veterinary Hospitals and Animal
Health centres.
|
|
|
|
21455
|
Animal breeding centres expenses.
|
|
|
|
21456
|
Prevention and control of animal diseases.
|
|
|
|
21457
|
Milk development programme expenses.
|
|
|
|
21458
|
Procurement and supply of Fodder.
|
|
|
|
21459
|
Poultry promotion and development expenses.
|
|
|
|
21460
|
Piggery promotion and development expenses.
|
|
|
|
21461-21500
|
other expenses - specify.
|
|
|
|
21501-21550
|
Fisheries Promotion and Development Expenses.
|
|
|
|
21501
|
Fisheries promotion and development expenses.
|
|
|
|
21502
|
Grants to fish farmer development agency.
|
|
|
|
21503
|
Loans to fish farmers.
|
|
|
|
21504
|
Subsidies to fish farmers co-operatives.
|
|
|
|
21505-21550
|
Other expenses - specify.
|
|
|
|
21551-21600
|
Promotion and Development of Agriculture.
|
|
|
|
21551
|
Expenses on publicity promotion and development of
Agriculture.
|
|
|
|
21552
|
Expenses on Agricultural extension programme.
|
|
|
|
21553
|
Expenses on Cotton development programme.
|
|
|
|
21554
|
Expenses on promotion of oil seed and coarse grain crops.
|
|
|
|
21555
|
Expenses on crop protection programme.
|
|
|
|
21556
|
Expenses on promotion and development of Bio-gas projects.
|
|
|
|
21557
|
Expenses on promotion of Bio-fertilizers and compost.
|
|
|
|
21558
|
Expenses on development of un-used and waste lands.
|
|
|
|
21559
|
Expenses on promotion and development subsidies, on modern
sprinkler and drip-irrigation.
|
|
|
|
21560
|
Expenses on construction of small ponds and stop-dams.
|
|
|
|
21561
|
Expenses on construction, maintenance and implementation of
minor irrigation schemes.
|
|
|
|
21562
|
Expenses on Training of Farmers.
|
|
|
|
21563
|
Expenses on organising "Krishi Mela" and
exhibitions.
|
|
|
|
21564-21600
|
Other expenses - specify.
|
|
|
|
21601-21650
|
Horticulture Development Expenses.
|
|
|
|
21601
|
Horticulture gardens and Nurseries running and establishment
expenses.
|
|
|
|
21602
|
Training Expenses.
|
|
|
|
21603
|
Purchase, repairs and maintenance of equipments.
|
|
|
|
21604
|
Exhibition expenses.
|
|
|
|
21605
|
Horticulture promotion and development expenses.
|
|
|
|
21606
|
Subsidies for fruit tree plantations.
|
|
|
|
21607-21650
|
Other expenses -specify.
|
|
|
|
21651-21700
|
Land Improvement and Soil Conservation Expenses.
|
|
|
|
21651
|
Expenses on land improvement and soil conservation.
|
|
|
|
21652
|
Water conservation expenses.
|
|
|
|
21653-21700
|
Other expenses - specify.
|
|
|
|
21701-21750
|
Educational Expenses.
|
|
|
|
21701
|
Expenses on construction and extension of school buildings.
|
|
|
|
21702
|
Expenses and grants for repairs and maintenance of school
buildings.
|
|
|
|
21703
|
Expenses on non-formal educational programmes.
|
|
|
|
21704
|
Expenses on Book bank scheme.
|
|
|
|
21705
|
Scholarships paid to the students.
|
|
|
|
21706
|
Technical training and vocational education scheme expenses.
|
|
|
|
21707-21750
|
Other expenses - specify.
|
|
|
|
21751-21800
|
Sports and Youth Welfare Activities.
|
|
|
|
21751
|
District sports meet expenses.
|
|
|
|
21752
|
Women sports meet expenses.
|
|
|
|
21753
|
Supply of sports equipments to coaching centres.
|
|
|
|
21754
|
Sports talent search expenses.
|
|
|
|
21755
|
Construction of open-air-stadium.
|
|
|
|
21756
|
Maintenance of stadiums.
|
|
|
|
21757
|
Nehru youth centre expenses.
|
|
|
|
21758
|
Youth clubs expenses.
|
|
|
|
21759-21800
|
Other expenses -specify.
|
|
|
|
21801-21820
|
Food and Civil Supplies Programmes.
|
|
|
|
21821-21840
|
Planning, Economic and Statistic Expenses.
|
|
|
|
21841-21860
|
Labour and Manpower Planning Expenses.
|
|
|
|
21861-21880
|
Revenue Department Expenses.
|
|
|
|
21881-21900
|
Finance Department Expenses.
|
|
|
|
21901-21920
|
Water Resources Expenses.
|
|
|
|
21901
|
Irrigation project expenses (construction) .
|
|
|
|
21902
|
Repairs & Maintenance of irrigation projects.
|
|
|
|
21901-21920
|
Other expenses - specify.
|
|
|
|
21921-21940
|
Social Welfare Schemes.
|
|
|
|
21921
|
Provision of artificial limbs and feet to disabled.
|
|
|
|
21922
|
Provision of Machines and equipments to the disabled.
|
|
|
|
21923
|
Expenses of welfare of Handicapped.
|
|
|
|
21924
|
Expenses of welfare of mentally retarded.
|
|
|
|
21925-21940
|
Other welfare expenses - specify.
|
|
|
|
10801-10900
|
Distribution of funds to gram/Janapada Panchayats.
|
|
|
|
10901-10950
|
Expenses on Joint Ventures with Gram/Janapada Panchayats.
|
|
|
|
11001-11099
|
Repayments to Loans Received by Zila Panchayat.
|
|
|
|
11001
|
Loans from Government.
|
|
|
|
11002-11050
|
Loans from Panchayats.
|
|
|
|
11051
|
Loans from Panchayat Raj Vitta Nigam.
|
|
|
|
11052
|
Loans from Banks.
|
|
|
|
11053-11099
|
Other loans (please specify the source).
|
|
|
|
11100-11199
|
Refund of Security and Other Deposits.
|
|
|
|
11101
|
Refund of security deposit received.
|
|
|
|
11102
|
Refund of Earnest Money received.
|
|
|
|
11103-11199
|
Refund of other deposits received -specify.
|
|
|
|
21941-22000
|
Security and Other Deposits Made by Zila Panchayat.
|
|
|
|
21941
|
Security deposits made.
|
|
|
|
21942
|
Earnest money deposited.
|
|
|
|
21943-22000
|
Other deposits made -specify.
|
|
|
|
22001-22999
|
Loans to Panchayats & Others.
|
|
|
|
22001-22299
|
Loans to Gram Panchayat.
|
|
|
|
22300-22499
|
Loans to Janapad Panchayat.
|
|
|
|
22500-22999
|
Loans to others -specify.
|
|
|
|
23001-23999
|
Loans and Advances to Employees & Others.
|
|
|
|
23001
|
Vehicle Loan.
|
|
|
|
23002
|
House Building loan.
|
|
|
|
23003
|
Loans against GPF/PF.
|
|
|
|
23004
|
Grain loan.
|
|
|
|
23005
|
Travelling Advance.
|
|
|
|
23006
|
Festival Advance.
|
|
|
|
23007-23099
|
Other advances to employees.
|
|
|
|
23100-23199
|
Advances to others - specify.
|
|
|
16
|
25000-25999
|
Capital Expenditure (out of own Sources).
|
|
|
|
25001
|
Construction of building.
|
|
|
|
25002
|
Purchase of machineries.
|
|
|
|
25003
|
Purchase of vehicles (specify) .
|
|
|
|
25004
|
Purchase of cycle.
|
|
|
|
25005
|
Purchase of Furniture & Fixtures.
|
|
|
|
25006
|
Purchase of Audio visual equipment.
|
|
|
|
25007
|
Purchase of electrical equipments & fittings.
|
|
|
|
25008
|
Purchase of office equipments.
|
|
|
|
25009-25999
|
Other assets -specify.
|
|
|
|
|
Total ExpenditureTotal Expenditure b/f.
|
--------------------------------------------
|
|
|
Closing balance of cash in hand and bank balances (inclusive
of un-expended balance of Rs out of specific purpose Loans &
Grants).,
|
|
|
|
|
Grant Total
|
|
| | | |
| --- | --- | --- |
|
Chairman,General Administration Committee
|
Chief Executive Officer
|
President
|
Sanctioned by the Zila Panchayat vide resolution No............ at the meeting held on..............
Chief Executive Officer
President
Form No. ZPBE-III
[See Rule 16]
..........Zila Panchayat
Supplementary Budget for The Year..........
| | | | |
| --- | --- | --- | --- |
|
S.No.
|
Budget Code
|
Budged Head
|
Budget Estimates for the year
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
Actuals upto...
|
Revised estimates of the year
|
Reasons for the anticipated increase and source
where from additional requirements is proposed to be met
|
|
(5) |
(6) |
(7) |
|
|
| | | |
| --- | --- | --- |
|
Chairman,General Administration Committee
|
Chief Executive Officer
|
President
|
Sanction granted by the Zila Panchayat vide resolution No............ in the meeting held on..............
Chief Executive Officer
President
Form No. ZPBE-IV
[See Rule 17]
Zila Panchayat.....
Budget Re-Appropriation Statement for The Period 1st April .... to 31st March................
| |
| --- |
|
Budget Head under which additional provision is
proposed.
|
|
S. No.
|
Budget Code
|
Budget Head
|
Budget Sanction
|
Expenditure upto date
|
Revised estimates
|
Proposed increase
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
Budget Head from which appropriation is proposed.
|
|
Budget Code
|
Budget Head
|
Budgeted Sanction
|
Expenditure upto date
|
|
8
|
9
|
10
|
11
|
|
|
|
Justify the reasons for proposed increase or
anticipated savings
|
|
Revised estimates
|
Anticipated Savings
|
|
12
|
13
|
|
|
|
| | | |
| --- | --- | --- |
|
Chairman,General Administration Committee
|
Chief Executive Officer
|
President
|
Sanction granted by the Zila Panchayat on.......... vide resolution No. in the meeting held on............
Chief Executive Officer
President
|
65b9a1cbab84c7eca86e9808 | acts |
State of Haryana - Act
------------------------
The Haryana Municipality Public Disclosure Act, 2008
------------------------------------------------------
HARYANA
India
The Haryana Municipality Public Disclosure Act, 2008
======================================================
Act 33 of 2008
----------------
* Published on 10 October 2008
* Commenced on 10 October 2008
The Haryana Municipality Public Disclosure Act, 2008
Haryana Act
No. 33 of 2008
[Dated 10th October, 2008]
Haryana Government, Law and Legislative Department
No. Legislative 35/2008. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 23rd September, 2008, and is hereby published for general information :-
An Act to provide for transparency and accountability in the functioning of municipalities in the State of Haryana and for matter connected therewith and incidental thereto
Be it enacted by the Legislature of the State of Haryana in the Fifty-ninth Year of the Republic of India as follows :
### 1. Short title and extent.
(1) This Act may be called the Haryana Municipality Public Disclosure Act, 2008.
(2) It extends to whole of the State of Haryana.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "municipality" means an institution of self-government constituted under the Haryana Municipal Act, 1973 (Haryana Act
No. 24 of 1973
);
(b) "prescribed" means prescribed by rules made under this Act;
(c) "State Government" means the Government of the State of Haryana in the Administrative Department.
### 3. Duties of municipality.
- Every municipality shall maintain and publish such records duly catalogued and indexed, in such manner and form, as may be prescribed.
### 4. Manner of disclosure.
- The records duly catalogued and indexed under section 3 shall be disclosed in such manner, as may be prescribed.
### 5. Powers to provide for performance of duties in case of default.
(1) When the State Government is satisfied that a municipality has made default in performing any duty imposed upon it by this Act, or by any order or rule under this Act, it may, by an order in writing, fix a period for the performance of that duty; and, should it not be performed within the period so fixed, it may appoint some person to perform it within such time as it may fix, and may direct that the expense thereof shall be paid by the municipality.
(2) Should the expense be not so paid, the State Government may make an order directing the person having the custody of the balance of the municipal fund to pay the expense, or so much thereof as may from time to time be possible, from that balance in priority to all other charges against the same.
### 6. Power to make rules.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the house of the State Legislature while it is in session.
### 7. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published to the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
|
65ba74a6ab84c7eca86eb6c7 | acts |
Union of India - Act
----------------------
The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006
------------------------------------------------------------------------------
UNION OF INDIA
India
The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006
==============================================================================
Rule THE-CHARTERED-ACCOUNTANTS-NOMINATION-OF-MEMBERS-OF-THE-COUNCIL-RULES-2006 of 2006
----------------------------------------------------------------------------------------
* Published on 19 August 2006
* Commenced on 19 August 2006
The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006
Published vide Notification in the Gazette of India, Extraordinary, Part 2, Section 3(i) , No. 381, dated 19.8.2006
### 1690. No. G.S.R. 490(E) , dated August 18, 2006.- In exercise of the powers conferred by clause (a) of sub-section (2) of Section 29-A of, read with sub-section (2) of, the Chartered Accountants Act, 1949 (
38 of 1949
), the Central Government hereby makes the following rules, namely:
### 1. Short title and commencement.-
(1) These Rules may be called the Chartered Accountants (Nomination of Members to the Council) Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.-
(1) In these Rules, unless the context otherwise requires, "Act" means the Chartered Accountants Act, 1949:
(2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 3. Field of consideration for nominations.-
The Central Government shall make nominations to the Council under clause (b) of sub-section (2) of Section 9 of the Act from amongst
(a) persons who are holding a position in Government of India not below the rank of a director, or
(b) persons of eminence from the fields of law, banking, economics, business, finance, industry, management, public affairs or in any other matter which in the opinion of the Central Government may be useful for the profession of Chartered Accountants:
Provided that the persons so nominated should not be a member of the Institution.
Explanation.- For the purpose of this rule, "holding position under Government of India" shall also include a person holding position under the Comptroller and Auditor General of India, Reserve Bank of India or any other organisation under the control of Government of India.
|
65ba5392ab84c7eca86eaf99 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Commercial Crops Assessment (Repeal) Act, 1980
-----------------------------------------------------------
TAMILNADU
India
Tamil Nadu Commercial Crops Assessment (Repeal) Act, 1980
===========================================================
Act 24 of 1981
----------------
* Published on 23 April 1981
* Commenced on 23 April 1981
Tamil Nadu Commercial Crops Assessment (Repeal) Act, 1980
(Tamil Nadu Act
24 of 1981
)
Statement of Objects and Reasons. - Under the Tamil Nadu Commercial Crops Assessment Act, 1976 (President's Act 5 of 1976), a commercial crop assessment on lands on which certain commercial crops are raised was levied with effect from the 1st July 1976 (from fasli year 1386) However, in deference to representations from ryots, remission was granted in respect of commercial crop assessment payable under the said Act for the fasli years 1936 to 1389. The levy of commercial crops assessment was referred to the High Level Committee constituted by the Government to go into the problems of agricultural for making recommendations. The High Level Committee has recommended that the levy of commercial crops assessment be withdrawn. Accepting the recommendation of the Committee, the Government have decided to give up the levy from the date of its inception of the Act, and repeal the said Tamil Nadu Commercial Crops Assessment Act, 1976.
2. The bill seeks to achieve the above objects.
Received the assent of the President on the 23rd April 1981 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 25th April 1981.
An Act to repeal the Tamil Nadu Commercial Crops Assessment Act, 1976.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-first year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Tamil Nadu Commercial Crops Assessment (Repeal) Act, 1980.
(2) It shall be deemed to have come into force on the 1st day of July 1976.
### 2. Repeal of President's Act 5 of 1976.
- The Tamil Nadu Commercial Crops Assessment Act, 1976 (President's Act 5 of 1976), is hereby repealed.
|
65b987b9ab84c7eca86e9515 | acts |
State of Punjab - Act
-----------------------
The Punjab Right to Service Act, 2011
---------------------------------------
PUNJAB
India
The Punjab Right to Service Act, 2011
=======================================
Act 24 of 2011
----------------
* Published on 14 August 2017
* Commenced on 14 August 2017
The Punjab Right to Service Act, 2011
(Punjab Act
24 of 2011
)
[Dated 14th August, 2017]
Ministry of Home Affairs
G.S.R. 1015 (E) . - In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union territory of Chandigarh, The Punjab Right to Service Act, 2011 (Punjab Act
24 of 2011
), and The Punjab Right to Service (Amendment) Act, 2014 (Punjab Act 10 of 2014, as in force in the State of Punjab on the date of this notification, subject to the following modifications, namely: -
Modification
### 1. Throughout the Act, for the words "State of Punjab" wherever they occur, the words "Union territory of Chandigarh" shall be substituted.
### 2. In clause 1, in sub-clause (1) , after the words and figures "Service Act, 2011", the words "as extended to the Union territory of Chandigarh" shall be inserted.
### 3. In clause 2, in sub-clause (k) , for the words "the Government of the State of Punjab", the words "the Administrator of the Union territory of Chandigarh, appointed by the President under article 239 of the Constitution" shall be substituted.
### 4. In section 12, in sub-section (1) , -
a) for the words "Punjab Right to Service Commission", the words "Chandigarh Right to Service Commission" shall be substituted;
b) in the proviso, for the words "Financial Commissioner", the words "Advisor to the Administrator" shall be substituted.
### 5. In section 13, -
a) in sub-section (1) , for the words "Leader of Opposition in the Punjab Vidhan Sabha", the words "the Central Government" shall be substituted;
b) in sub-section (2) , the words "Chief Secretary of the State of Punjab or" shall be omitted;
c) in sub-section (3) , for the words "officers of All India Services from the Punjab cadre", the words "officers of All India Services from the Punjab or Haryana or Arunachal Pradesh-Goa-Mizoram and Union territory cadre" shall be substituted.
### 6. In section 15, in sub-sections (3) and (4), for the words "the Governor" at both the places, the words "the Administrator" shall be substituted.
### 7. In section 18, in sub-section (2) , for the words "Punjab Legislative Assembly", the words "Parliament" shall be substituted.
### 8. In section 21, in sub-section (3) , for the words "the House of the State Legislature", the words "each House of Parliament" shall be substituted.
### 9. Section 23 shall be omitted.
The Punjab Right to Service (Amendment) Act, 2014
(Punjab Act 10 of 2014)
### 10. In section 1, in sub-section (1) , after the words, brackets and figures "Service (Amendment) Act, 2014", words "as extended to the Union territory of Chandigarh" shall be inserted.
Annexure-I
Punjab Government Gazette (Extraordinary) , October 20, 2011
(Asvn 28, 1933 Saka)
Part-I Department of Legal and Legislative Affairs, Punjab
Notification
The 20th October, 2011
No.37-Leg./2011. - The Following Act of the Legislature of the state of Punjab received the assent of the Governor of Punjab on the 19th October, 2011, is Hereby Published for General Information:-
An Act to provide for the delivery of services to the people of the State of Punjab within the given time limits and for matters connected therewith and incidental thereto.
Be it enacted by the Legislature of the State of Punjab in the Sixty-second Year of the Republic of India as follows: -
### 1. Short title and commencement. (1) This Act may be called the Punjab Right to Service Act, 2011.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
### 2. Definitions. - In this Act, unless the context otherwise requires, -
(a) `Commission' means a Commission constituted under Section 12;
(b) `Designated Officer' means an officer as notified under Section 3;
(c) `eligible person' means a person who is eligible for obtaining services notified under Section 3;
(d) `First Appellate Authority' means an officer who is notified as such under Section 3;
(e) 'given time limit' means maximum time to provide the service by the Designated Officer as notified under section 3;
(f) 'prescribed' means prescribed by rules made under this Act;
(g) 'right to service' means a right to obtain the service within the given time limit;
(h) `service' means any service notified under Section 3;
(i) `Second Appellate Authority' means an officer who is notified as such under Section 3;
(j) `section' means a section of this Act; and
(k) `State Government' means the Government of the State of Punjab.
### 3. Notification of services, Designated Officers, First Appellate Authority, Second Appellate Authority and the given time limit. (1) The State Government may, by notification from time to time, notify the services, to which this Act shall apply.
(2) The State Government may, by notification, specify the Designated Officer, First Appellate Authority, Second Appellate Authority and the given time limit for the purposes of this Act.
### 4. Providing of services. - The Designated Officer shall provide the service to the eligible person within the given time limit.
### 5. Procedure for obtaining service. (1) An eligible person shall make an application to the Designated Officer for obtaining any service under the provisions of this Act.
(2) The Designated Officer shall, on receipt of an application under sub-section (1), provide service or reject the application within the given time limit and in case of rejection of application, shall record the reasons in writing and intimate the same to the applicant.
(3) Every Designated Officer shall maintain detailed records of services applied for in a format as may be prescribed.
### 6. First appeal. (1) Any eligible person, whose application for obtaining service is rejected under sub-section (2) of section 5 or who is not provided the service within the given time limit, may file an appeal to the First Appellate Authority within thirty days from the date of rejection or the expiry of the given time limit, as the case may be.
(2) On receipt of an appeal under sub-section (1), the First Appellate Authority shall consider the matter and if, in its opinion the grievance of the eligible person appears to be genuine, it may direct the Designated Officer to provide the service within such period, as may be specified by it and in case of default, to appear before it in person and explain reasons thereof.
(3) After affording an opportunity of hearing to the Designated Officer and the eligible person, the First Appellate Authority may pass an order either accepting the appeal or rejecting the same by an order made in writing and in the case of rejection, the reasons for rejection shall be specified by it in such order and shall communicate the same to the eligible person.
(4) An appeal made under sub-section (1) shall be finally disposed of by the First Appellate Authority, as far as possible, within a period of thirty days of its receipt.
### 7. Second appeal. (1) Any eligible person, whose appeal for obtaining service is rejected or who is not provided the service within the time specified by the First Appellate Authority under section 6, may file an appeal to the Second Appellate Authority within thirty days from the date of such rejection or the expiry of the time specified by the First Appellate Authority.
(2) On receipt of an appeal under sub-section (1), the Second Appellate Authority may pass an order either accepting the appeal and directing the Designated Officer to provide service to the eligible person within such period as may be specified or reject the same in writing detailing the reasons for such rejection:
Provided that before rejecting the appeal, an opportunity of hearing to the eligible person shall be granted by the Second Appellant Authority:
Provided further that an order made by the Second Appellant Authority under this section shall be communicated to the eligible person:
Provided further that the appeal made under sub-section (1) shall be decided by the Second Appellate Authority, as far as possible, within a period of sixty days from the date of receipt of appeal.
### 8. Power to summon and inspection. - The First Appellate Authority and the Second AppellateAuthority shall, while deciding an appeal under the provisions of this Act, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the Designated Officer and the appellant; and
(c) any other matter which may be prescribed.
### 9. Penalty. (1) (a)
Where the Second Appellate Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has/have failed to provide service without sufficient and reasonable cause, it may impose a lump sum penalty on the Designated Officer and/or any other official involved in the process of providing such service, which shall not be less than rupees five hundred and not more than rupees five thousand;
(b) Where the Second Appellate Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has/have caused undue delay in providing the service, it may impose a penalty at the rate of rupees two hundred and fifty per day for such delay on the Designated Officer and/or any official involved in the process of providing such service, which shall not be more than rupees five thousand:
Provided that the Designated Officer and/or any other official involved in the process of providing such service shall be given a reasonable opportunity of being heard before any penalty is imposed on him/them under sub-clauses (a) and (b).
(2) The Second Appellate Authority may, by an order, give such amount as compensation to the appellant out of the amount of the penalty imposed under sub-section (1), as may be specified by it, which shall not exceed the total amount of the penalty so imposed.
(3) The Second Appellate Authority may, if it is satisfied that the Designated Officer and/or any other official involved in the process of providing such service has/have failed to discharge the duties assigned under this Act without sufficient and reasonable cause, recommend disciplinary action against the defaulters under the service rules applicable to them in addition to the penalty imposed under sub-section (1).
### 10. Any person may, who is aggrieved by any order of the Second Appellate Authority, make an application for revision of the said order to the Commission or an officer nominated in this respect under the proviso to sub-section (1) of section 12 within a period of sixty days from the date of such order, which shall be disposed of in the manner as may be prescribed:
Provided that the Commission or the officer nominated, as the case may be, may entertain the application after the expiry of the said period of sixty days, if it or he is satisfied that the application could not be submitted in time for a reasonable cause.
### 11. Display of services and the given time limit.
- The services and the given time limit shall be displayed locally and on website by the Secretary of the Department concerned for information of the public.
### 12. Constitution of the Commission.
(1) If in the opinion of the State Government, it is necessary or expedient so to do, it may, by notification, constitute for the purposes of this Act, a Commission to be called the Punjab Right to Service Commission: Provided that till such time the Commission is not constituted by the State Government, it may, by notification, nominate an officer of the State Government, not below the rank of a Financial Commissioner to perform the functions and exercise the powers of the Commission under this Act.
(2) The Commission shall be a body corporate, known by the aforesaid name having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall, by the said name, sue or be sued.
(3) The Head Office of the Commission will be at Chandigarh or at such place, as the State Government may notify from time to time.
### 13. Composition of the Commission.
(1) The Commission shall consist of a Chief Commissioner and four Commissioners and their appointment shall be made by the State Government in consultation with the Leader of Opposition in the Punjab Vidhan Sabha.
(2) The Chief Commissioner shall be a retired officer in the rank and status of the Chief Secretary of the State of Punjab or Secretary to the Government of India.
(3) The Commissioners shall be retired officers of the Government of Punjab in the rank and status of a Secretary or its equivalent rank and status in any of the services of the State, including officers of All India Services from the Punjab cadre and/or expert in the field of Public Administration or e-Governance with at least twenty years of experience in teaching or administration or from amongst other eminent public persons.
### 14. Powers of the Chief Commissioner.
(1) The Chief Commissioner shall have powers of general Superintendence and direction in the conduct of the affairs of the Commission. The Chief Commissioner shall preside over the meetings of the Commission as well as exercise and discharge the powers and functions of the Commission vested in him in accordance with the regulations framed under sub-section (4) of section 17.
(2) In case of absence of the Chief Commissioner or a vacancy in the office of the Chief Commissioner, the State Government may nominate one of the Commissioners to perform the functions and exercise the powers vested in the Chief Commissioner as long as the vacancy or absence continues.
(3) A Commissioner nominated to discharge the functions and powers of the Chief Commissioner under sub-section (2) shall not be entitled to any compensation, allowance or facility in addition to what he would be entitled to as a Commissioner.
### 15. Term of office and conditions of service of Chief Commissioner and Commissioners.
(1) The Chief Commissioner and the Commissioners shall hold office for a term of five years from the date on which they enter upon the respective offices, or until they attain the age of sixty-five years, whichever is earlier and they will not be entitled for reappointment.
(2) If a person already holding an office appointed as the Chief Commissioner or Commissioner, he shall have to resign or seek retirement from that office before joining the Commission.
(3) The Chief Commissioner or a Commissioner shall, before he enters upon his office, make and subscribe to, before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the Schedule.
(4) The Chief Commissioner or a Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office. He would also be liable for removal from the office in the manner provided under section 16.
(5) The salaries and allowances payable to and other terms and conditions of service of the Chief Commissioner and the Commissioners shall be the same as those of the State Chief Information Commissioner and the State Information Commissioners respectively as laid down in sub-section (5) of section 16 of the Right to Information Act, 2005. All provision of the aforesaid sub-section shall apply mutatis mutandis to the Chief Commissioner and the Commissioners appointed under this Act.
(6) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the Commission under this Act. The salaries, allowances and conditions of service of the officers and other employees so appointed shall be such as may be prescribed.
### 16. Removal and suspension of the Chief Commissioner or a Commissioner from office in certain circumstances.
(1) The State Government may remove the Chief Commissioner or any Commissioner from office after complying with the provisions of sub-section (2), if he has, -
(i) been adjudged insolvent; or
(ii) been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(iii) become physically or mentally incapable; or
(iv) acquired such financial or other interest as is likely to affect prejudicially his functions in any of the said capacities; or
(v) so abused his position as to render his continuance in office prejudicial to public interest.
(2) Notwithstanding anything contained in sub-section (1), the Chief Commissioner or any Commissioner, shall not be removed from his office, unless, -
(i) a reference is made by the State Government to the Chief Justice of the High Court of Punjab and Haryana seeking an enquiry and recommendation on the proposed removal of the Chief Commissioner or the Commissioner along with the grounds for the removal and material supporting such proposal;
(ii) the reference is duly enquired into by an inquiry committee headed by a sitting or retired High Court Judge or any other person appointed by the Chief Justice of the High Court of Punjab and Haryana; and
(iii) the inquiry committee makes recommendation that the Chief Commissioner or the Commissioner ought to be removed on such ground or grounds.
(3) The State Government may suspend the Chief Commissioner or the Commissioner in respect of whom a reference has been made to the Chief Justice under subsection (2).
### 17. Powers and functions of the Punjab Right to Service Commission.
(1) It shall be the duty of the Commission to ensure proper implementation of this Act and to make suggestions to the State Government for ensuring better delivery of services. For this purpose the Commission may, -
(a) entertain and dispose of revisions under section 10;
(b) take suo moto notice of failure to deliver service in accordance with this Act and refer such cases for decision to the First Appellate Authority or the Second Appellate Authority or pass such order itself as may be appropriate;
(c) carry out inspections of offices entrusted with the delivery of services and the offices of the First Appellate Authority and the Second Appellate Authority;
(d) recommend Departmental action against any officer or employee of the State Government who has failed in due discharge of functions cast upon him under this Act;
(e) recommend changes in procedures for delivery of services which will make the delivery more transparent and easier :
Provided that before making such a recommendation, the Commission shall consult the Administrative Secretary in-charge of the Department which is to deliver the service;
(f) recommend additional notifications to be notified under section 3 and may also suggest modifications in the notifications already issued for better implementation of this Act; and
(g) issue general instructions, not inconsistent with the provisions of this Act for the guidance of Designated officers, the First Appellate Authorities and the Second Appellate Authorities.
(2) Where the Commission is satisfied that there are reasonable grounds to inquire into a matter arising out of the provisions of this Act, it may, suo moto, initiate an inquiry in respect thereof.
(3) The Commission shall, while inquiring into any matter under this section, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of persons, compelling them to give oral or written evidence on oath and producing documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) The Commission may frame its regulations for the conduct of its business and any such matter, as the Commission may deem fit.
### 18. Action by the Government on recommendation of the Commission.
(1) The State Government shall consider the recommendations made by the Commission under clauses (d), (e) and (f) of subsection (1) of section 17 and send information to the Commission of action taken within thirty days or such longer time as may be decided in consultation with the Commission. In case the Government decides not to implement any of the recommendations of the Commission, it will communicate the reasons for not acting on the recommendations to the Commission.
(2) The Commission shall prepare an annual report of the recommendations made by it under section 17 along with the action taken and reasons for not taking action, if any. The State Government shall cause a copy of this report to be laid on the table of the Punjab Legislative Assembly.
### 19. Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rule or any regulation made thereunder.
(2) No act done or proceedings taken under this Act by the Commission shall be invalid merely on the ground of existence of any vacancy or by reason of defect or irregularity in its constitution or absence of any Commissioner in its meeting.
### 20. Bar of jurisdiction of courts.
- No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or regulations made thereunder.
### 21. Powers to make rules.
(1) The State Government may, by notification, in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
(a) the format to maintain the records of services under sub-section (3) of section 5;
(b) the procedure for disposing of an application made under section 10;
(c) salaries, allowances and conditions of service of the officers and other employees of the Commission under sub-section (6) of section 15; and
(d) any other matter which is required to be, or may be prescribed.
(3) Every rule made by the State Government under this Act, shall be laid, as soon as may be after it is made, before the House of the State Legislature, while it is in session, for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 22. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the same:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
### 23. (1) The Punjab Right to Service Ordinance, 2011 (Punjab Ordinance No. 7 of 2011), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance, referred to in sub-section (1), shall be deemed to have been done or taken under this Act.
The Schedule
[See Section 15(3) ]
Form of Oath or Affirmation to be Made by the Chief Commissioner/commissioner
"I, ..................having been appointed Chief Commissioner/Commissioner swear in the name of God that I will Power to remove difficulties. Repeal and saving bear true solemnly affirm faith and allegiance to the Constitution of India as by law established, 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 orand that I will uphold the Constitution of India and the laws made thereunder."
Gobinder Singh,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Annexure-II
Punjab Government Gazette (Extraordinary) , May 06, 2014
Part-I Government of Punjab
Department of Legal and Legislative Affairs, Punjab
Notification
The 6th May, 2014
No.10-Leg./2014. - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 23rd Day of April, 2014, is hereby published for general information:-
The Punjab Right to Service (Amendment) Act, 2014
(Punjab Act No. 10 of 2014)
An Act further to amend the Punjab Right to Service Act, 2011.
Be it enacted by the Legislature of the State of Punjab in the Sixty-fifth Year of the Republic of India as follows: -
### 1. Short title and Commencement. - (1) This Act may be called the Punjab Right to Service (Amendment) Act, 2014. (2)
It shall come into force on and with effect from the date of its publication in the Official Gazette.
### 2. Amendment in section 17 of Punjab Act 24 of 2011
. - In the Punjab Right to Service Act, 2011, in section 17, in sub-section (1) .-
(i) in clause (f), the word "and" shall be omitted: and
(ii) in clause (g), for the sign " ." appearing at the end, the sign and word "; and" shall be substituted and thereafter the following clause shall be added, namely:-
"(h) while deciding the revision petitions or otherwise impose a penalty up to rupees ten thousand per case on the Designated Officer or any other officer or official involved in the process of providing service under the Act, if the Commission is of the opinion that the person concerned has failed without sufficient cause in due discharge of the duty cast on him:
Provided that the person concerned shall be given a reasonable opportunity of being heard before any penalty is imposed upon him:
Provided further that the Commission, by an order, give such amount as compensation to the appellant out of the amount of penalty imposed, as may be specified by it, which shall not exceed the total amount of penalty so imposed."
|
65b92979ab84c7eca86e8768 | acts |
State of Uttar Pradesh - Act
------------------------------
The Court Fees Act, 1870
--------------------------
UTTAR PRADESH
India
The Court Fees Act, 1870
==========================
Act 7 of 1870
---------------
* Published on 1 November 1956
* Commenced on 1 November 1956
The Court Fees Act, 1870
(Act
No. 7 of 1870
)
Vide Gazette of India, 1869, Part V, page 57.
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement of Act.
- This Act may be called the Court Fees Act, 1870.
It extends to the whole of India except [the territories which immediately before the 1st November, 1956 were comprised in Part B States.]
[Substituted by A.O., 1956 for Part B States.]
And it shall comes into force on the first day of April, 1870.
### 1A. Definition of "Appropriate Government".
- In this Act "the appropriate Government" means in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that Government and in relation to any other fees or stamps, the State Government.
### 2. Definitions.
- In this Act unless there is anything repugnant in the subject or context,-
(i) "Appeal" includes a cross-objection ;
(ii) "Collector" includes any officer, not below the rank of a Deputy Collector, appointed by the Collector, with the previous sanction of the Chief Controlling Revenue Authority, to perform the functions of a Collector under this Act;
(iii) "Revenue" means land revenue, as recorded in the Collector's register, and does not include cesses of any kind ;
(iv) "Suit" includes a first or second appeal from a decree in a suit and also a Letters Patent Appeal.
Chapter II
Fees in the High Courts and in the Courts of Small Causes at Presidency Towns
---------------------------------------------------------------------------------------------
### 3. Levy of fees in High Courts on their original sides.
- The fees payable for the time being to the clerks and officers (other than the sherifs and attorneys) of High Courts other than those of Kerala, Mysore and Rajasthan ;
or chargeable in each of such Courts under No. 11 of the First and Nos. 7, 12, 14, 20 and 21 of the Second Schedule to this Act annexed ;
Levy of fees in Presidency Small Cause Courts. - And the fees for the time being chargeable in the Courts of Small Causes at the Presidency towns, and their several officers, shall be collected in manner hereinafter appearing.
### 4. Fees on document filed, etc., in High Courts in their ordinary or extraordinary jurisdiction.
- No document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by [the High Court of Judicature at Allahabad]
[Substituted by U.P. Act No. 10 of 1959, Section 3(1) .]
in any case coming before such Court in exercise of its [ordinary or]
[Inserted by U.P. Act No. 10 of 1959, Section 3(2) .]
extraordinary original civil jurisdiction ;
or in the exercise of its [ordinary or]
[Inserted by U.P. Act No. 10 of 1959, Section 3(2) .]
extraordinary original criminal jurisdiction;
In their appellate jurisdiction. - or in the exercise of its jurisdiction as regards appeals from the [judgements (other than judgements passed in the exercise of the ordinary Original Civil Jurisdiction of the Court) of one]
[Substituted for the words 'judgement of two' by Section 2 of Act No. 19 of 1922.]
or more Judges of the said Court, or of a division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Court of reference and revision. - or in the exercise of its jurisdiction as a Court of reference or revision ;
In the exercise of jurisdiction to issue writs, etc. - or in the exercise of its jurisdiction to issue directions, orders or writs under the Constitution of India ;
In the exercise of any other jurisdiction. - or in the exercise of jurisdiction in any other matters ;
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
Explanation. - Where the amount of fee prescribed in the Schedule contains any fraction of a rupee below [twenty-five naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
or above [twenty-five naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
but below [fifty naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
or above [fifty naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
but below [seventy-five naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
or above [seventy-five naye paise]
[Substituted by U.P. Act No. 20 of 1958, Section 2.]
but below one rupee, the proper fee shall be an amount rounded off to the next higher quarter of a rupee as hereinafter appearing in the said Schedules.
### 5. Procedure in case of difference as to necessity or amount of fee.
- When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suit or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing officer whose decision thereon shall be final, except when the question is, in his opinion one of general importance in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the clerk of the Courts, whose, decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of first Judge of such Court.
The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
Chapter III
Fees in other Courts and in Public Offices
-----------------------------------------------------------
### 6. Fees on documents filed etc., in Mufassil Courts or in Public Office.
(1) Except in the Courts hereinbefore mentioned, no document of any kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document:
Provided that where such document relates to any suit, appeal or other proceeding under [any law relating to land tenures or land revenue]
[Substituted by U.P. Act No. 6 of 1980 (w.e.f. 21-11-1979).]
the fee payable shall be three-quarters of the fee indicated in either of the said Schedules except where the amount or value of the subject-matter of the suit, appeal or proceeding to which it relates exceeds Rs. 500 :
Provided further that the fee payable in respect of any such document as is mentioned in the foregoing proviso shall not be less than one and one-fourth of that indicated by either of the said Schedules before the first day of May, 1936.
[Explanation.
[Added by U. P. Act No. 25 of 1952, Section 3 (b) .]
- Where the amount of fee prescribed in the Schedules contain any fraction of a rupee below [twenty-five naye paise] or above [twenty-five naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
but below [fifty naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
or above [fifty naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
but below [seventy-five naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
or above [seventy-five naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
but below one rupee, the proper fee shall be an amount rounded off to the next higher quarter of a rupee as hereinafter appearing in the said Schedules.]
(2) Notwithstanding the provisions of sub-section (1), a court may receive plaint or memorandum of appeal in respect of which an insufficient fee has been paid, but no such plaint or memorandum of appeal shall be acted upon unless the plaintiff or the appellant, as the case may be, makes good the deficiency in court fee within such time as may from time to time be fixed by the court.
(3) If a question of deficiency in court fee in respect of any plaint or memorandum of appeal is raised by an officer mentioned in Section 24-A the court shall, before proceeding further with the suit or appeal, record a finding whether the court fee paid is sufficient or not. If the court finds that the court fee paid is insufficient, it shall call upon the plaintiff or the appellant, as the case may be, to make good the deficiency within such time as it may fix, and in case of default shall reject the plaint or memorandum of appeal :
Provided that the Court may, for sufficient reasons to be recorded, proceed with the suit or appeal if the plaintiff or the appellant, as the case may be. gives security, to the satisfaction of the court, for payment of the deficiency in court lee within such further time as the court may allow. In no case, however, shall judgement be delivered unless the deficiency in court fee has been made good, and if the deficiency is not made good within such time as the court may from time to time allow, the court may dismiss, the suit or
(4) Whenever a question of the proper amount of court fee payable is raised otherwise than under sub-section (3), the court shall decide such question before proceeding with any other issue.
(5) In case the deficiency in court fee is made good within the time allowed by the Court, the date of the institution of the suit or appeal shall be deemed to be the date on which the suit was filed or the appeal presented.
(6) In all cases in which the report of the officer referred to in sub-section (3) is not accepted by the Court, a copy of the findings of the court together with a copy of the plaint shall forthwith be sent to the [Commissioner of Stamps]
[Substituted by U.P. Act No. 6 of 1980 (w.e.f. 21-11-1979)]
### 6A. Appeal against order to pay court fee.
(1) Any person called upon to make good a deficiency in court fee may appeal against such order as if it were an order appealable under Section 104 of the Code of Civil Procedure.
The party appealing shall file with the memorandum of appeal, a certified copy of the plaint together with that of the order appealed against.
(2) In case an appeal is filed under sub-section (1), and the plaintiff does not make good the deficiency, all proceedings in the suit shall be stayed and all interim orders made, including an order granting an injunction or appointing a receiver, shall be discharged.
(3) A copy of the memorandum of appeal together with a copy of the plaint and of the order appealed against shall be sent forthwith by the appellate court to the [Commissioner of Stamps]
[Substituted by U.P. Act No. 6 of 1980, Sections 2(b) and 4 (w.e.f. 21.11.79), for the words 'Chief Inspectors of Stamps'.]
.
(4) If such order is varied or reversed in appeal, the appellate court shall if the deficiency has been made good before the appeal is decided, grant to the appellant a certificate, authorising him to receive back from the Collector such amount as is determined by the appellate court to have been paid in excess of the proper court fee.
(5) The court may make such order for the payment of costs of such appeal as it deems fit. and where such costs are payable to the Government, they shall be recoverable as arrears of land revenue.
### 6B. Application by Chief Inspector of Stamps for revision of Court's order.
(1) If the order of the Court passed under sub-section (3) of Section 6 is at variance with the opinion of the officer by whom the question of deficiency in court fee has been raised, the [Commissioner of Stamps]
[Substituted by U.P. Act No. 6 of 1980, Sections 2(b) and 4 (w.e.f. 21.11.79), for the words 'Chief Inspectors of Stamps'.]
may, within three months from the date of receipt of such order, move, by an application in writing, the court to which an appeal lies from a decree in the suit or-appeal in which such order has been passed, for revision of such order.
(2) If such Court is of opinion that the proper court fee has not been paid on the plaint or the memorandum of appeal to which such order relates, it shall record a declaration lo that effect and determine the amount of deficiency in court fee. No appeal shall lie from such order :
Provided that no such declaration shall be made until the party liable to pay the court fee has had an opportunity of being heard.
(3) The court, while recording a declaration under sub-section (2), may make such order for the payment of costs as it deems fit. Where such costs arc payable to the Government, they shall be recoverable in the manner laid down in sub-section (4) for the recovery of deficiency in court fee.
(4) When a declaration has been recorded under sub-section (2), the court recording the same shall, unless the suit or appeal has come up in appeal before such court, in which case the deficiency in court fee shall be recovered in the manner laid down in sub-section (ii) of Section 12. send forthwith a copy of such declaration to the Court which passed the order under sub-section (3) of Section 6. Such court shall, if the suit or appeal is still pending before it, follow the procedure prescribed in sub-section (3) of Section 6. If the suit or appeal has already been disposed of, the court shall forward a copy of such declaration to the Collector who shall recover the deficiency from the party concerned as if it were an arrear of land revenue.
### 6C. Reference to High Court by Chief Controlling Revenue Authority.
(1) When the Chief Controlling Revenue Authority is of opinion that the court fee paid on any document filed in any civil court in a pending suit, appeal or other proceeding is insufficient, and that the question is one of general importance and no action under Section 6-B has been taken, it may refer the case, with its own opinion thereon, to the High Court to which such civil court is subordinate.
(2) Every such case shall be decided by not less than two Judges of the High Court to which it is referred.
(3) The High Court upon the hearing of any such case shall decide the question raised thereby and shall deliver its judgement thereon containing the ground on which the decision is founded.
(4) If the High Court finds that the court fee paid was insufficient,, procedure prescribed by sub-section (4) of Section 6-B for realization of the deficiency shall be followed as if the decision of the High Court were a declaration under that section.
### 7. Computation of fees payable in certain suits for money.
- The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :
For money. - (i) In suits for money (including suits for damages or compensation, or arrears of maintenance, or annuities, or of other sums payable periodically )-according to the amount claimed ;
For maintenance and annuities. - (ii-a) In suits for maintenance and annuities or other sums payable periodically, according to the value of the subject-matter of the suit and such value shall be deemed to be ten times the amount claimed to be payable for one year:
Provided that in suits for personal maintenance by females and minors, such value shall be deemed to be the amount claimed to be payable for one year;
For reduction or enhancement of maintenance and annuities. - (ii-b) In suits for reduction or enhancement of maintenance and annuities or other sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be ten times the amount sought to be reduced or enhanced for one year:
For other movable property having a market value. - (iii) In suits for movable property other than money, where the subject-matter has a market value-according to such value at the date of presenting the plaint;
For declaratory decree with consequential relief. - (iv) In suits - (a) to obtain a declaratory decree or order, where consequential relief other than reliefs specified in sub-section (iv-A) is prayed ; and
For accounts. - (b) For accounts according to the amount at which the relief sought is valued in the plaint or memorandum of appeal :
Provided that in suits falling under clause (a) , where the relief sought is with reference to any immovable property, such amount shall be the value of the consequential relief and if such relief is incapable of valuation, then the value of the immovable property computed in accordance with sub-section (v), (v-A) or (v-B) of this section as the case may be :
[Provided further that in all suits falling under clause (a) , such amount shall in no case be less than Rs. 300 :]
[Inserted by U.P. Act No. 44 of 1958.]
Provided [also]
[Substituted by U.P. Act No. 44 of 1958.]
, that in suits falling under clause (b) , such amount shall be the approximate sum due to the plaintiff and the said sum shall form the basis for calculating (or determining) the valuation of an appeal from a preliminary decree passed in the suit.
For cancellation or adjudging void instruments and decrees. - (iv-A) In suit for or involving cancellation of or adjudging void or voidable a decree for money or other properly having a market value, or an instrument securing money or other property having such value :
(1) where the plaintiff or his predecessor-in-title was a party to the decree or the instrument, according to the value of the subject-matter, and
(2) where he or his predecessor-in-title was not a party to the decree or instrument, according to one-fifth of the value of the subject-matter, and such value shall be deemed to be-
if the whole decree or instrument is involved in the suit, the amount for which or value of the property in respect of which the decree was passed or the instrument executed, and if only a part of the decree or instrument is involved in the suit, the amount or value of the property to which such part relates.
Explanation. - 'The value of the properly' for the purposes of this sub-section, shall be the market-value, which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v) , (v-A) or (v-B), as the case may be.
For easement. - (iv-B) In suits. - (a) for a right to some benefit (not herein otherwise provided for) to arise out of land ;
For an injunction. - (b) to obtain an in junction ;
To establish an adoption. - (c) to establish an adoption or to obtain a declaration that an alleged adoption is valid ;
To set aside an adoption. - (d) to set aside an adoption or to obtain a declaration that an alleged adoption is invalid or never, in fact, took place ;
To set aside an award other than awards mentioned in section 8. - (e) to set aside an award not being an award mentioned in section 8 ;
according to the amount at which the relief sought is valued in the plaint
[Provided that such amount shall not be less than one fifth of the market value of the property involved in or effected by the relief sought or Rs. 200 whichever is greater:
Provided further that in the case of suits falling under clauses (a) and (b), the amount of court fee leviable shall in no case exceed Rs. 500.]
[Substituted by U.P. Act No. 44 of 1958.]
Explanation 1. - When the relief sought is with reference to any immovable property the market-value of such property shall be deemed lo be the value computed in accordance with sub-section (v) , (v-A) or (v-B) of this section, as the case may be.
Explanation 2. - In the case of suits-
(i) falling under clauses (a) and (b), the property which is affected by the relief sought, and where properties of both the plaintiff and defendant are affected, the property of the plaintiff so affected ;
(ii) falling under clauses (c) and (d), the property to which title by succession or otherwise may be diverted or affected by the alleged adoption ; and
(iii) falling under clause (e), the property which forms the subject-matter of the award ;
shall be deemed to be the property involved in or affected by the relief sought within the meaning of the proviso to this sub-section.
For restitution of conjugal rights. - (iv-C) in suits-(a) for the restitution of conjugal rights ;
For marital rights. - (b) for establishing or annulling or dissolving a marriage ;
For guardianship. - (c) for establishing a right to the custody or guardianship of any person such as a minor, including guardianship for the purpose of marriage.
according to the amount at which the relief sought is valued in the plaint, but in no case shall such amount be less than Rs. 200.
[\* \* \*]
[Explanation deleted by U. P. Act No. 44 of 1958.]
For possession of lands, building or gardens. - (v) In suits for the possession of land, buildings or gardens-
according to the value of the subject-matter; and such value shall be deemed to be-
(I) where the subject-matter is land, and-
(a) where the land forms an entire estate or a definite share of an estate paying annual revenue to Government, or forms part of such an estate, and is recorded in the Collector's register as separately assessed with such revenue and such revenue is permanently settled-
thirty times the revenue so payable ;
(b) where the land forms an entire estate or a definite share of an estate paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid and such revenue is settled by not permanently-
ten times the revenue so payable;
(c) where the lands pays no such revenue or has been partically exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the three years immediately preceding the date of presenting the plaint-
twenty times the annual average of such net profits ; but when no such net profits have arisen therefrom the market value which shall be determined by multiplying by twenty the annual average net profits of similar land for the three years immediately preceding the date of presenting the plaint;
(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and docs not come under clause (a), (b) or (c) above-
the market value of the land which shall be determined by multiplying by fifteen the rental value of the land, including assumed rent on proprietary cultivation, if any ;
(II) where the subject-matter is a building or garden-
according to the market-value of the building or garden, as the case may be.
Explanation. - The word 'estate' as used in this sub-section, means any land subject to the payment of revenue for which the proprietor or farmer or raiyat shall have executed a separate engagement lo Government or which, in the absence of such engagement, shall have been separately assessed with revenue.
For possession of superior proprietary and under-proprietary land. - (v-A) In suits for possession-
(1) of superior proprietary rights where under-proprietary or sub-proprietary rights exist in the land-
according to the market-value of the subject-matter, and such value shall be determined by multiplying by fifteen the annual net profits of the superior proprietor;
(2) of under-proprietary or sub-proprietary land as such-
according to the value of the subject-matter, and such value shall be determined by multiplying by ten the annual under-proprietary or sub-proprietary rent, as the case may be, recorded in the Collector's register as payable for the land for the year next before the presentation of the plaint.
If no such rent is recorded in the Collector's register the value shall be determined in the manner laid down in clause (c) of sub-section (v) of this section save that the multiple will be ten.
Explanation. - Land held by any permanent lessees shall be treated for the purposes of this sub-section, as under-proprietary or sub-proprietary land.
Prossessory suits between tenants. - (v-B) In suits for possession of land between rival tenants and by tenants against trespasser according to the value of the subject-matter and such value shall be determined if such land is the land of-
(a) a permanent tenure-holder or a fixed rate tenant. - by multiplying by twenty the annual rent recorded in the Collector's register as payable for the land for the year next before the presentation of the plaint;
(b) an ex-proprietary or occupancy tenant. - by multiplying by two such rent in case of suits for possession of land between rival tenants,'and by annual rent in suits by tenants against trespassers ;
(c) any other tenant. - by annual rent.
If no such rent is recorded in the Collector's register, the value shall be determined in the manner laid down in clause (c) of sub-section (v) of this section save that the multiple shall be that entered in clauses (a), (b) and (c) of this sub-section according as the class of tenancy affected is governed by clause (a), (b) or (c) of this sub-section.
To enforce a right of preemption. - (vi) In suits to enforce a right of preemption - according lo the value [computed in accordance with paragraph (v) of this section] of land, building or garden in respect of which the right is claimed.
For partition. - (vi-A) In suits for partition- according to one quarter of the value of the plaintiffs share of the property;
and according to the full value of such share if on the date of presenting the plaint the plaintiff is out of possession of the property of which he claims to be a coparcener or co-owner, and his claim to be a coparcener or co-owner on such date is denied.
Explanation. - The value of the property for the purposes of this sub-section shall be the market-value which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v) , (v-A) or (v-B), as the case may be.
For interest of assignee of land revenue. - (vii) In suits for the interest of an assignee of land revenue-fifteen times his net profits as such for the year next before the date of presenting the plaint.
To set aside or to restore an attachment. - (viii) In suits to set aside or to restore an attachment including suits to set aside an order passed under Order XXI, rule 60, 61 or 62 of the Code of Civil Procedure-according to half of the amount for which attachment was made, or according to half of the value of the property or interest attached, whichever is less.
Explanation. - The value of the property or interest for the purposes of this sub-section shall be the market-value which in the case of immovable property or interest in such property shall be deemed to be the value as computed in accordance with sub-section (v) , (v-A) or (v-B), as the case may be.
To redeem. - (ix) In suits against a mortgagee, for the recovery of the property mortgaged-according to the principal money expressed to be secured by the instrument of mortgage.
To foreclose. - (ix-A) In suits by mortgagee to foreclose the mortgage, or where the mortgage is made by conditional sale, to have the sale declared absolute-
according to the total amount claimed by way of principal and interest.
For specific performance. - (x) In suits for specific performance-
(a) of a contract of sale-according to the amount of the consideration ;
(b) of contract of mortgage-according to the amount agreed to be secured;
(c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term;
(d) of an award-according to the amount or value of the property in dispute, and such value shall be the market-value which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be.
Between landlord and tenant. - (xi) In the following suits between landlord and tenant-
(a) for the delivery by a tenant of the counterpart of a lease;
(b) to enhance the rent of a tenant having a right of occupancy;
(c) for the delivery by a landlord of a lease;
(cc) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy;
(d) to contest a notice of ejectment;
(e) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord;
(f) for abatement of rent;
(g) for determination of rent; and
(h) for determination of rent-
according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting the plaint, except in the case of suits falling under clause (h) in which, according to twice the amount claimed by the plaintiffs lo be the annual rent.
### 8. Fee on memorandum of appeal against order relating to compensation.
- The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes or against an award made by a tribunal constituted under the United Provinces Town Improvement Act or any other similar Statute shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
### 9. Power to ascertain net profits or market-value.
- In every suit the plaintiff shall file with the plaint a statement, in such form as may be prescribed for the purpose of particulars and valuation of the subject-matter of the suit, unless such particulars and valuation are contained in the plaint itself. If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in Section 7, Paragraphs 5 and 6 have or has been wrongly estimated, the Court may, for the purposes of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.
### 10. Procedure where net profits or market-value wrongly estimated.
- (i) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee ; but, if the estimation has been insufficient, the Court shall require the plaintiff to pay such additional fee as would have been payable had the said market-value or net profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
### 11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.
- In suits for mesne profits or for immovable property and mesne profits, or for an accounts, if the profits or amount decreed arc or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.
Where a decree directs an inquiry as to mesne profits which have accrued in respect of the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, no final decree shall be passed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If such difference is not paid within such time as the Court shall fix, the claim for the excess shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.
Where a decree directs an inquiry as to mesne profits from the institution of the suit, and a final decree is passed in accordance with the result of such inquiry, the decree shall not be executed until such fee is paid as would have been payable on the amount claimed in execution if a separate suit had been instituted therefor.
### 12. Decision of question as to valuation.
- (i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid, to pay within such time as may be fixed by it, so much additional fee as would have been payable had the question been rightly decided. If such additional fee is not paid within the time fixed and the defaulter is the appellant, the appeal shall be dismissed, but if the defaulter is the respondent the Court shall inform the Collector who shall recover the deficiency as if it were an arrear of land revenue.
### 13. Refund of fee paid on memorandum of appeal.
- If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal on any of the grounds mentioned in Section 351 of the same Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
### 14. Refund of fee on application for review of judgement.
- Where an application for review of judgement is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.
### 15. Refund where Court reverses or modifies its former decision on ground of mistake.
- When an application for a review of judgement is admitted, and where, on the re-hearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
### 16. [ Refund of fee.
[Section 16 inserted by the Code of Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999), Section 34 (w.e.f. 1-7-2002). Earlier Section 16 was Repealed by the Code of Civil Procedure, 1908 (Act No. 5 of 1908).]
- Where the Court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 (5 of 1908) the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the Collector, the full amount of the fee paid in respect of such plaint.]
### 17. Multifarious suits.
(1) In any suit in which two or more separate and distinct causes of action are joined, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees with which the plaints or memoranda of appeal would be chargeable under this Act if separate suits were instituted in respect of each such cause of action :
Provided that nothing in this sub-section shall be deemed to affect any power conferred by or under the Code of Civil Procedure, to order separate trials.
Alternative reliefs. - (2) When more reliefs than one based on the same cause of action are sought in the alternative the fee shall be paid according to the value of the relief in respect of which the largest fee is payable.
### 18. Written examinations of complainants.
- When the first or only examination of person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of one rupee, unless the Court thinks fit to remit such payment.
### 19. Exemption of certain documents.
- Nothing contained in this Act shall render the following documents chargeable with any fee :
(i) Power of attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment.
(ii) [Repealed by Act No. XII of 1891].
(iii) Written statement not being one mentioned in Article 2-A of Schedule I, nor one containing a counter-claim, set-off, or a prayer other than a prayer for instalments or relating to costs of the suit.
(iv) [Repealed by Act No. XIII of 1889].
(v) Plaints in suits tried by Village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before District Panchayats in the same Presidency.
(vii) Plaints in suits before Collectors under Madras Regulation XII of 1816.
(viii) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827, where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land, or the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to Government.
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) first application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend cither to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
(xv) Bail bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a Police Officer, or to or before the Heads of Villages or the Village Police in the territories respectively subject to the Governors-in-Council of Madras and Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.
(xviii) Complaint of public servant (as defined in the Indian Penal Code), a municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in Government forests, or otherwise relating to such forests.
(xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the Chaukidari assessment under Act No. XX of 1856, or against any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes.
(xxiii) Petitions presented to the Special Commissioner appointed under Bengal Act No. II of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur).
(xxiv) Petitions under the Indian Christian Marriage Act, 1872, Sections 45 and
Chapter III
A Probates, Letters of Administration and Certificates of Administration
-----------------------------------------------------------------------------------------
### 19A. Relief where too high a court fee has been paid.
- Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may-
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion, after deducting [ten naye paise]
[Substituted by U. P. Act No. 20 of 1958. Section 3.]
for each rupee or fraction thereof.
### 19B. Relief where debts due from a deceased person have been paid out of his estate.
- Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate that has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.
But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.
### 19C. Relief in case of several grants.
- Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.
### 19D. Probates declared valid as to trust property, though not covered by court-fee.
- The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or adminsitrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.
### 19E. Provision for case where too low a court-fee has been paid on probates, etc.
- Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved lo be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee without any deduction of the court-fee originally paid on such probate or letters :
Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
### 19F. Administrator to give proper security before letters stamped under Section 19-E.
- In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
### 19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under payment.
- Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake, or of any effects not known at the time lo have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent, on the amount of the sum wanting to make up the proper court-fee.
### 19H. Notice of applications for probate or letters of administration to be given to Revenue Authorities, and procedure thereon.
(1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause the notice of the application to be given to the Chief Controlling Revenue Authority for the local area in which the High Court is situated.
(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made ; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (cither in person or by agent), and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property :
Provided that no such motion shall be made after the expiration of one year from the date of the exhibition of the inventory required by Section 317 of the Indian Succession Act.
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be. at which the property of the deceased should have been estimated. The Collector shall be deemed to he a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authorized by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorized as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under sub-section (5) shall be final ; but shall not bar the entertainment and disposal by the Chief Controlling Revenue Authority of any application under Section 19-E.
(8) [\* \* \*]
[Deleted by U. P. Act No. 19 of 1938.]
### 19I. Payment of court-fees in respect of probates and letters of administration.
- (I) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court, in the form set forth in the Third Schedule, a valuation, according to the market rates current on the date of the application of all the assets and liabilities of the deceased in India at the time of the latter's death, and the Court is satisfied that the fee mentioned in Article 11 of the First Schedule has been paid on such valuation.
Explanation. - If at the time of his death, the deceased was a member of a joint Hindu family governed by the Milakshara Law. such portion of the assets and liabilities of the family as would have been allotted to the deceased in a partition made immediately before his death, shall be deemed to be the assets and liabilities of the deceased within the meaning of this sub-section.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19-H. sub-section (4).
### 19J. Recovery of penalties, etc.
(1) Any excess fee found to be payable on an inquiry held under Section 19-H, sub-section (6), and any penalty or forfeiture under Section 19-G, may, on the certificate of the Chief Controlling Revenue Authority, be recovered from the executor or administrator as if it were an arrear of land revenue by any Collector.
(2) The Chief Controlling Revenue Authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under Section 19-E or of any court-fee under Section 19-E in excess of the full court-fee which ought to have been paid.
### 19K. Sections 6 and 28 not to apply to probates or letters of administration.
- Nothing in Section 6 or Section 28 shall apply to probates or letters of administration.
Chapter IV
Power to make Rules
-----------------------------------
### 20. Power of High Court to make rules.
- The High Court may makes rules to provide for or regulate all or any of the following matters, viz :
(a) the fees payable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the Civil and Criminal Courts established within the local limits of such jurisdiction;
(b) the remuneration of persons employed by the Courts mentioned in clause (a) in the service or execution of processes;
(c) the fixing by District and Sessions Judges and District Magistrates of the number of process-servers necessary to be employed for the service and execution of processes issued from their respective Courts and Courts subordinate thereto; and
(d) the display in each Court of a table in the English and Vernacular languages showing the fees payable for the service and execution of process.
All such rules shall be subject to the confirmation of the State Government and on such confirmation, shall be published in the official Gazette, and shall thereon have effect as if enacted in this Act.
### 21. Power of Chief Controlling Revenue Authority to make rules.
(1) The Chief Controlling Revenue Authority may, with the previous sanction of the State Government, make rules consistent with this Act, to provide for or regulate all or any of the following matters, viz:
(a) the fees chargeable for serving and executing processes issued by the Chief Controlling Revenue Authority and by the Revenue Courts established within the local limits of its jurisdiction;
(b) the remuneration of the persons necessary to be employed for the service and execution of such processes;
(c) the fixing by Collectors of the number of persons necessary to be employed for the service and execution of such processes;
(d) the guidance of the Collectors, in exercise of the powers conferred on them by sub-section (iii) of Section 19-H;
(e) the supply of stamps to be used under this Act;
(f) the number of stamps to be used for denoting any fee chargeable under this Act;
(g) the keeping of accounts of all stamps used under this Act;
(h) the circumstances in which stamps may be held to be damaged or spoiled;
(i) the circumstances in which and the manner in which, allowance for used, damaged or spoiled stamps may be made; and
(j) the regulation of the sale of stamps to be used under this Act, the persons by whom alone such stamps may be sold and the duties and remuneration of such persons ;
Provided that, in the case of stamps used under Section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of such Court.
Powers of State Government to make rules. - (I-A) The State Government may make rules to carry out generally the purposes of this Act.
Publication of rules. - (2) All rules made under this section shall be published in the official Gazette, and on such publication, shall have effect as if enacted in this Act.
### 22. Number of peons in district subordinate and Mufassil Small Cause Courts.
- [Repealed, by IJ.P. Act No. 19 of 1938. Section 24].
### 23. Number of peons in Revenue Courts.
- [Repealed by U.P. Act No. 19 of 1938, Section 24].
### 24. Process served under this Chapter, to be held to be process within the meaning of Code of Civil Procedure.
- [Repealed by U.P. Act No. 12 of 1891].
Chapter V
Of the mode of Levying Fees
------------------------------------------
### 24A. [ Control of court fee and Stamp Commissioner.
[Substituted by U. P Act No. 6 of 1980. Section 5 (w.e.f. 21-11-1979).]
(1) The levy of fees under this Act shall be under the general control and superintendence of the Chief Controlling Revenue Authority, who may be assisted in their supervision thereof by the Commissioner of Stamps and by as many Additional Commissioners of Stamps, Deputy Commissioners of Stamps and Assistant Commissioners of Stamps as the State Government may appoint in this behalf or by any other subordinate agency appointed for the purpose.
(2) The officers and the agency referred to in sub-section (1) shall have access to all records, and shall be furnished with all such information as may be required by them for the performance of their duties under this Act].
### 25. Collection of fees by stamps.
- All fees referred to in Section 3 or chargeable under this Act shall be collected by stamps.
### 25A. Payment of Court fee in cash.
[Inserted by U. P. Court Fe»r (Payment in Cash) Act, 1975 (Act
[No. 9 of 1975
). Section 3 (w.e.f. 31-1-1975).]
(1) Notwithstanding anything contained in Section 25 in case of temporary shortage of court-fee stamps of required denominations, the court fee due on a document not exceeding fifty rupees, may be paid in cash to such subordinate officer or clerk of the High Court or of the subordinate Court or of the authority or officer receiving the document, as may be specified by such court, authority, or officer, and such subordinate officer or clerk shall grant a receipt for the same which shall be affixed on the document concerned, and such affixation shall have the same effect, as if the court-fee of that amount has been duly paid in accordance with this Act.
(2) The clerk or the officer receiving the cash in lieu of the court-fee shall deposit it as revenue from judicial stamps under the head "O-30, Stamps and Registration Fees" in the treasury or the hank, as the case may he.
(3) The State Government may by general order make rules regarding the maintenance of accounts of the amount so paid in cash.
(4) The rules and orders relating to punching and cancellation of court-fee stamps shall mutatis mutandis apply in relation to the receipt referred to in sub-section (1).
(5) In the case of court-fee due on a document exceeding fifty rupees, it may, in like circumstances, be paid in cash into the treasury (including a sub-treasury), and on such payment the officer-in-charge of the treasury shall certify by endorsement on the document, the amount of court-fee so paid in cash, and such endorsement shall, have same effect as if the court-fee has been duly paid in accordance with this Act.]
### 26. Stamps to be impressed' or adhesive.
- The stamps used to denote any Ices chargeable under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the Appropriate Government may, by notification in the Official Gazette from time lo time direct.
### 27. Rules for supply, number, renewal and keeping accounts of stamps.
- [Repealed by U.P. Act No.19 of 1938, Section 24].
### 28. Stamping documents inadvertently received.
- No document which ought to bear a slump under this Act shall be of any validity, unless and until it is properly stamped.
But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped the presiding Judge or the head of the office, as the case may be, or in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct, and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
### 29. Amended document.
- Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.
### 30. Cancellation of stamp.
- No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure-head so as to leave the amount designated on the stamps untouched, and the part removed by punching shall be burnt or otherwise destroyed.
### 30A. Refund.
- Where allowance is made in this Act for damaged or spoiled stamps or where refund is permitted on the strength of a certificate granted by a Court, the Collector may, on the application of the holder of the same and after satisfying himself about the genuineness of the certificate or the stamps produced, give in lieu thereof the same amount or value in stamps of the same or any other description or, if the applicant so desires, the same amount or value in money provided that in the latter case a deduction shall be made of [ten naye paise]
[Substituted by U.P. Act No. 20 of 1958.]
for each rupee or fraction thereof. No such deduction shall, however, be made where refund is claimed in respect of court-fee paid in pursuance of an order of the Court which has been varied or reversed in appeal.
Chapter VI
Miscellaneous
-----------------------------
### 31. Repayment of fees paid on applications to Criminal Courts.
- [Repealed by Act No. 18 of 1923. Section 63].
### 32. Amendment of Act VIII of 1859 and Act IX of 186.
- [Repealed In-Act. No. 12 of 1891].
### 33. Admission in criminal cases of documents for which proper fee has not been paid.
- Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in Section 4 or Section 6 shall be deemed to prohibit such filing or exhibition.
### 34. Penalty for breach of rules relating to sale of stamps and for unauthorized sale.
- Any person appointed to sell stamps who disobeys any rule made under this Act, and any person, not so appointed, who sells or offers for sale any stamps, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both.
### 35. Power to reduce or remit fees.
- The Appropriate Government may, from time to time by notification in the Official Gazette, reduce or remit in the whole or in any part of the territories under its administration, all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order.
### 36. Saving of fees to certain officers of High Courts..
- Nothing in Chapters II and V of this Act applies to the commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to fixed salary.
### 37. [Added by U.P. Act
[No. 4 of 1961
. Section 2 (always deemed to have been added).]
All fees shall be charged and collected under this Act at the rate indicated in the First or Second Schedule to this Act, as the case may be, on the date on which the document chargeable to the court-fee is or was presented.]
I
---
Ad valorem fees
[See Explanation to Sections 4 and 6(1) ]
[Inserted by U.P. Act No. 25 of 1952, Section 2.]
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Number
|
|
|
|
|
Proper fee
|
|
1. [
[Substituted by U.P. Act No. 44 of 1958.]
|
Plaint, written statement, pleading a set-off
or counter-claim or memorandum of appeal (not otherwise provided
for in this Act), presented to any Civil or Revenue Court except
those mentioned in Section 3.
|
|
When the Amount or value of the subject matter
in dispute-
|
|
|
|
|
(i) Does not exceed one hundred rupees;
|
|
Fifty paise for every five rupees or part
thereof.
|
|
|
(ii) Exceeds one hundred rupees but does not
exceed three hundred rupees;
|
|
On one hundred rupees the fee payable under
clause (i) , and on the remainder, one rupee and twenty-five naye
paise for every ten rupees or part thereof.
|
|
|
(iii) Exceeds three hundred rupees but does not
exceed five hundred rupees;
|
|
On three hundred rupees the fee payable under
clause (ii) , and on the remainder, one rupee and fifty naye
paise for every ten rupees or part thereof.
|
|
|
(iv) Exceeds five hundred rupees but does not
exceed one thousand rupees ;
|
|
On five hundred rupees the fee payable under
clause (iii) and on the remainder, two rupees and twenty-five
naye paise for every ten rupees or part thereof.
|
|
|
(v) Exceeds one thousand rupees but does not
exceed five thousand rupees ;
|
|
On one thousand rupees, the fee payable under
clause (iv) , and on the remainder, twelve rupees for every one
hundred rupees or part thereof.
|
|
|
(vi) Exceeds five thousand rupees but does not
exceed ten thousand rupees ; and
|
|
On five thousand rupees the fee payable under
clause (v) , and on the remainder, twenty rupees for every two
hundred rupees or part thereof.
|
|
|
(vii) Exceeds ten thousand rupees.
|
|
On ten thousand rupees the fee payable under
clause (vi) , and on the remainder, thirty seven rupees and fifty
naye paise for every five hundred rupees or part thereof:
|
|
2.
|
Plaint in a suit for possession under the
Specific Relief Act, 1877, Section 9.
|
|
|
|
A fee of one-half of the amount prescribed in
the foregoing scale.
|
|
2-A.
|
Application or written statement by a defendant
in a suit for partition praying for partition of his share in
the property sought to be partitioned.
|
|
|
|
The same fee which would have been payable on a
plaint if such defendant instituted a suit for partition.]
|
|
2-B.
|
Memorandum of appeal filed under Section 23 of
the U.P. Agriculturists Relief Act, 1934.
|
|
|
|
The same fee as would be leviable on a
memorandum of appeal under Article.
|
|
3.
|
[Repealed by Act No. VIII of 1871].
|
|
|
|
|
|
4.
|
Application for review of judgement, if
presented on or after the ninetieth day from the date of the
decree.
|
|
|
|
The fee leviable on the plaint or memorandum of
appeal.
|
|
5.
|
Application for review of judgement, if
presented before the ninetieth day from the date of the decree.
|
|
|
|
One half of the fee leviable on the plaint or
memorandum of appeal.
|
|
6.
|
Copy or translation of a judgement or order not
being, or having the force of a decree.
|
|
When such judgement or order is passed by any
Civil Court other than a High Court or by the presiding officer
of any Revenue Court or officer, or by any other Judicial or
Executive Authority-
|
|
|
|
|
(a) If the amount or value of the
subject-matter is fifty or less than fifty rupees.
|
|
[Seventy-five naye paise]
[Substituted by U.P. Acl No. 44 of 1958, Section 3 (ii) .]
.
|
|
|
(b) If such amount or value exceeds fifty
rupees.
|
|
[One rupee and fifty naye paise]
[Substituted by U.P. Acl No. 44 of 1958, Section 3 (ii) .]
.
|
|
|
When such judgment or order is passed by a High
Court.
|
|
[Three rupees]
[Substituted by U.P. Acl No. 44 of 1958, Section 3 (ii) .]
|
|
7.
|
Copy of a decree or order having the force of a
decree.
|
|
When such decree or order is made by any Civil
Court other than a High Court or by any Revenue Court-
|
|
|
|
|
(a) If the amount or value of the
subject-matter of the suit wherein such decree or order is made
is fifty or less than fifty rupees.
|
|
One rupee and fifty naye paise.
|
|
|
(b) If such amount or value exceeds fifty
rupees.
|
|
Three rupees
|
|
|
When such decree or order is made by a High
Court.
|
|
Seven rupees and fifty naye paise.
|
|
8.
|
Copy of any document liable to stamp-duty under
the[Indian Stamp Act, 1879]
[As per Legal Glossary, 1992 Edn. it is Indian Stamp Act, 1899.]
when left by any party to a suit or
proceeding in place of the original withdrawn.
|
|
(a) When the stamp-duty chargeable on the
original does not exceed[one rupee]
[Substituted by U.P. Acl No. 44 of 1958, Section 3 (ii) .]
|
|
The amount of the duty chargeable on the
original.
|
|
|
(b) In any other case
|
|
[One rupee and fifty naye paise]
[Substituted by U.P. Acl No. 44 of 1958, Section 3 (ii) .]
.
|
|
[8-A.
[Inserted by U. P. Act No. 44 of 1958, Section 3 (v) .]
|
A copy of a power of attorney when filed in any
suit or proceedings.
|
|
|
|
One rupee and fifty naye paise].
|
|
9.
|
Copy of any revenue or judicial proceeding or
order not otherwise provided for by this Act, or copy of any
account, statement, report or the like, taken out of any Civil
or Criminal or Revenue Court or Office, or from the office of
any chief officer charged with the executive administration of a
division.
|
|
For every three hundred and sixty words or
fraction of three hundred and sixty words.
|
|
[One rupee]
[Substituted by U.P. Act No. 44 of 1958.]
|
|
10.
|
[Repealed by the Guardians and Wards Act,
1890 (Act No. VIII of 1890)].
|
|
|
|
|
|
11. [
[Substituted by U.P. Act 28 of 1957, Section 3 (w.e.f. 22.10.1952).]
|
Probate of a will or letters of administration
with or without will annexed.
|
|
(a) When the amount or value of the property in
respect of which the grant of probate or letters is made exceeds
one thousand rupees, but does not exceed ten thousand rupees.
|
|
Two and a half per centum on such amount or
value.
|
|
|
(b) When such amount or value exceeds ten
thousand rupees, but does not exceed fifty thousand rupees.
|
|
Three and one fourth per centum on such amount
or value.
|
|
|
(c) When such amount or value exceeds fifty
thousand rupees, but does not exceed one lakh of rupees.
|
|
Three and three-fourth per centum on such
amount or value.
|
|
|
(d) When such amount or value exceeds one lakh
of rupees, but does not exceed two lakhs of rupees.
|
|
On one lakh of rupees the fee payable under
clause (e) and on the remainder five per centum.
|
|
|
(e) When such amount or value exceeds two lakhs
of rupees, but does not exceed three lakhs of rupees.
|
|
On two lakhs of rupees the fee payable under
clause (d) and on the remainder six and one fourth per centum.
|
|
|
(f) When such amount or value exceeds three
lakhs of rupees, but does not exceed four lakhs of rupees.
|
|
On three lakhs of rupees the fee payable under
clause (e) and on the remainder seven and a half per centum.
|
|
|
(g) When such amount or value exceeds four
lakhs of rupees, but does not exceed five lakhs of rupees.
|
|
On four lakhs of rupees the fee payable under
clause (0 and on the remainder eight and one-fourth per centum.
|
|
|
(h) When such amount or value exceeds five
lakhs of rupees.
|
|
On five lakhs of rupees the fee payable under
clause (g) and on the remainder eight and three-fourth per
centum:
|
|
|
Provided that when, after the grant of a
certificate under Part X of the Succession Act, 1925 or under
the Regulation of the Bombay Code No. VIII of 1827 in respect of
any property included in an estate, a grant of probate or
letters of administration is made in respect of the same estate,
the fee payable in respect of the latter grant shall be reduced
by the amount of the fee paid in respect of the former grant.
|
|
Note. - (1) Where on or after the
twenty second day of October, 1952.]
|
|
12. [
[Substituted by U. P. Act No. 28 of 1957.]
|
Succession certificate under the Indian
Succession Act, 1925.
|
|
(a) When the amount or value of the debt or
security or the aggregate amount of the debts or securities to
be specified under Section 374 does not exceed twenty thousand
rupees.
|
|
Two and a half per centum on such amount or
value.
|
|
|
(b) When such amount or value exceeds twenty
thousand rupees but does not exceed fifty thousand rupees.
|
|
On twenty thousand rupees the fee payable under
clause (a) and on the remainder three and one-fourth per centum.
|
|
|
(c) When such amount or value exceeds fifty
thousand rupees hut does not exceed a lakh of rupees.
|
|
On fifty thousand rupees the fee payable under
clause (b) and on the remainder three and three-fourths per
centum.
|
|
|
(d) When such amount or value exceeds one lakh
of rupees but does not exceed two lakhs of rupees.
|
|
On one lakh rupees the fee payable under clause
(c) and on the remainder five per centum.
|
|
|
(e) When such amount or value exceeds two lakhs
of rupees, but docs not exceed three lakhs of rupees.
|
|
On two lakhs rupees the fee payable under
clause (d) and on remainder six and one fourth per centum.
|
|
|
(f) When such amount or value exceeds three
lakhs of rupees but does not exceed four lakhs of rupees.
|
|
On three lakhs rupees the fee payable under
clause (e) and on the remainder seven and a half per centum.
|
|
|
(g) When such amount or value exceeds four
lakhs of rupees but does not exceed five lakhs of rupees.
|
|
On four lakhs rupees the fee payable under
clause (f) and on the remainder eight and one-fourth per centum.
|
|
|
(h) When such amount or value exceeds five
lakhs of rupees :
|
|
On five lakhs rupees the fee payable under
clause (g) and on the remainder eight and three-fourth per
centum :
|
|
|
Provided that the fee payable in the case of an
application under Section 376 of the Act shall be as worked out
in the following manner:
|
|
|
|
|
(i) Ascertain the aggregate amount of the debts
or securities specified already in the certificate and the debts
or securities to be specified on the application aforesaid.
|
|
|
|
|
(ii) Calculate the fee payable on this
aggregate amount in accordance with the provisions of clauses
(a) to (h) above, subject to the condition, however, that in
respect of the amount in excess of the amount of debts or
securities specified on application under section 372 of the
Act, the rates in the said clauses (a) to (h) shall respectively
be deemed to be three and three-fourth per centum, four and
three-fourth per centum, five and three-fourth per centum, seven
and a half per centum, nine and a half per centum, eleven and
one fourth per centum, twelve and a half per centum and thirteen
and one-fourth per centum.
|
|
Notes: (1) The amount of a debt is its amount including interest on
the day on which the inclusion of the debt in the certificate is
applied for, so far as such amount can be ascertained.
(2) Whether or not any power with respect to a
security specified in a certificate has been conferred under the
Act, and where such a power has been so conferred, whether the
power is for the receiving of interest or dividends on, or for
the negotiation or transfer of the security or for both
purposes, the value of the security is its market value on the
day on which the inclusion of the security in the certificate is
applied for, so far as such value can be ascertained.
|
|
|
(iii) Out of the total amount of fee so worked
out, deduct the court fee already paid for specification of
debts or securities on the application under Section 372 and on
the applications, if any, under Section 376 of the Act. The
remainder shall be the fee payable on the application under
consideration.]
|
|
|
12-A.
|
Certificate under the Regulation of Bombay
Code, No. VIII of 1827
|
|
(1) As regards debts and securities.
|
|
The same fee as would be payable in respect of
a certificate under the Succession Certificate Act, 1889, or in
respect of an extension of such a certificate as the case may
be.
|
|
|
(2) As regards other property in respect of
which the certificate is granted-
|
|
|
|
|
When the amount or value of such property
exceeds one thousand rupees, but does not exceed ten thousand
rupees.
|
|
Two and a half per centum of such amount or
value.
|
|
|
When such amount or value exceeds ten thousand
rupees, but does not exceed fifty thousand rupees.
|
|
Three and one-fourth per centum on such amount
or value.
|
|
|
When such amount or value exceeds fifty
thousands rupees.
|
|
Three and three-fourth per centum on such
amount or value.
|
|
13.
|
Application to the High Court of Punjab for the
exercise of its jurisdiction under Section 44 of the Punjab
Courts Act, 1918 or to the Court of the Financial Commissioner
of Punjab for the exercise of its revisional jurisdiction under
Section 84 of the Punjab Tenancy Act, 1887.
|
|
When the amount or value of the subject-matter
in dispute does not exceed twenty five rupees.
|
|
[Two rupees and fifty naye paise.]
[Substituted by U.P. Act, No. 20 of 1958, Section 4 (b) (iv).]
|
|
|
When such amount or value exceeds twenty five
rupees.
|
|
The fee leviable on a memorandum of appeal.
|
|
14.
|
[Repealed by A. O. 1937]
|
|
|
|
|
|
15.
|
[Repealed by Act No. 11 of 1923, Section 3
and Schedule II].
|
|
|
|
|
Table of rates of 'ad valorem' fees leviable on the institution of suits.
| | | |
| --- | --- | --- |
|
When the amount or value of the
subject-matter exceeds
|
But does not exceed
|
Proper fee
|
|
1
|
2
|
3
|
|
Rs.
|
Rs.
|
Rs.
|
P.
|
|
....
|
5
|
0
|
50
|
|
5
|
10
|
1
|
00
|
|
10
|
15
|
1
|
50
|
|
15
|
20
|
2
|
00
|
|
20
|
25
|
2
|
50
|
|
25
|
30
|
3
|
00
|
|
30
|
35
|
3
|
50
|
|
35
|
40
|
4
|
00
|
|
40
|
45
|
4
|
50
|
|
45
|
50
|
5
|
00
|
|
50
|
55
|
5
|
50
|
|
55
|
60
|
6
|
00
|
|
60
|
65
|
6
|
50
|
|
65
|
70
|
7
|
00
|
|
70
|
75
|
7
|
50
|
|
75
|
80
|
8
|
00
|
|
80
|
85
|
8
|
50
|
|
85
|
90
|
9
|
00
|
|
90
|
95
|
9
|
50
|
|
95
|
100
|
10
|
00
|
|
100
|
110
|
11
|
25
|
|
110
|
120
|
12
|
50
|
|
120
|
130
|
13
|
75
|
|
130
|
140
|
15
|
00
|
|
140
|
150
|
16
|
25
|
|
150
|
160
|
17
|
50
|
|
160
|
170
|
18
|
75
|
|
170
|
180
|
20
|
00
|
|
180
|
190
|
21
|
25
|
|
190
|
200
|
22
|
50
|
|
200
|
210
|
23
|
75
|
|
210
|
220
|
25
|
00
|
|
220
|
230
|
26
|
25
|
|
230
|
240
|
27
|
50
|
|
240
|
250
|
28
|
75
|
|
250
|
260
|
30
|
00
|
|
260
|
270
|
31
|
25
|
|
270
|
280
|
32
|
50
|
|
280
|
290
|
33
|
75
|
|
290
|
300
|
35
|
00
|
|
300
|
310
|
36
|
50
|
|
310
|
320
|
38
|
00
|
|
320
|
330
|
39
|
50
|
|
330
|
340
|
41
|
50
|
|
340
|
350
|
42
|
50
|
|
350
|
360
|
44
|
00
|
|
360
|
370
|
45
|
50
|
|
370
|
380
|
47
|
00
|
|
380
|
390
|
48
|
50
|
|
390
|
400
|
50
|
00
|
|
400
|
410
|
51
|
50
|
|
410
|
420
|
53
|
00
|
|
420
|
430
|
54
|
50
|
|
430
|
440
|
56
|
00
|
|
440
|
450
|
57
|
50
|
|
450
|
460
|
59
|
00
|
|
460
|
470
|
60
|
50
|
|
470
|
480
|
62
|
00
|
|
480
|
490
|
63
|
50
|
|
490
|
500
|
65
|
00
|
|
500
|
510
|
67
|
25
|
|
510
|
520
|
69
|
50
|
|
520
|
530
|
71
|
75
|
|
530
|
540
|
74
|
00
|
|
540
|
550
|
76
|
25
|
|
550
|
560
|
78
|
50
|
|
560
|
570
|
80
|
75
|
|
570
|
580
|
83
|
00
|
|
580
|
590
|
85
|
25
|
|
590
|
600
|
87
|
50
|
|
600
|
610
|
89
|
75
|
|
610
|
620
|
92
|
00
|
|
620
|
630
|
94
|
25
|
|
630
|
640
|
96
|
50
|
|
640
|
650
|
98
|
75
|
|
650
|
660
|
101
|
00
|
|
660
|
670
|
103
|
25
|
|
670
|
680
|
105
|
50
|
|
680
|
690
|
107
|
75
|
|
690
|
700
|
110
|
00
|
|
700
|
710
|
112
|
25
|
|
710
|
720
|
114
|
50
|
|
720
|
730
|
116
|
75
|
|
730
|
740
|
119
|
00
|
|
740
|
750
|
121
|
25
|
|
750
|
760
|
123
|
50
|
|
760
|
770
|
125
|
75
|
|
770
|
780
|
128
|
00
|
|
780
|
790
|
130
|
25
|
|
790
|
800
|
132
|
50
|
|
800
|
810
|
134
|
75
|
|
810
|
820
|
137
|
00
|
|
820
|
830
|
139
|
25
|
|
830
|
840
|
141
|
50
|
|
840
|
850
|
143
|
75
|
|
850
|
860
|
146
|
00
|
|
860
|
870
|
148
|
25
|
|
870
|
880
|
150
|
50
|
|
880
|
890
|
152
|
75
|
|
890
|
900
|
155
|
00
|
|
900
|
910
|
157
|
25
|
|
910
|
920
|
159
|
50
|
|
920
|
930
|
161
|
75
|
|
930
|
940
|
164
|
00
|
|
940
|
950
|
166
|
25
|
|
950
|
960
|
168
|
50
|
|
960
|
970
|
170
|
75
|
|
970
|
980
|
173
|
00
|
|
980
|
990
|
175
|
25
|
|
990
|
1,000
|
177
|
50
|
|
1,000
|
1,100
|
189
|
50
|
|
1,100
|
1,200
|
201
|
50
|
|
1,200
|
1,300
|
213
|
50
|
|
1,300
|
1,400
|
225
|
50
|
|
1,400
|
1,500
|
237
|
50
|
|
1,500
|
1,600
|
249
|
50
|
|
1,600
|
1,700
|
261
|
50
|
|
1,700
|
1,800
|
273
|
50
|
|
1,800
|
1,900
|
285
|
50
|
|
1,900
|
2,000
|
297
|
50
|
|
2,000
|
2,100
|
309
|
50
|
|
2,100
|
2,200
|
321
|
50
|
|
2,200
|
2,300
|
333
|
50
|
|
2,300
|
2,400
|
345
|
50
|
|
2,400
|
2,500
|
357
|
50
|
|
2,500
|
2,600
|
369
|
00
|
|
2,600
|
2,700
|
381
|
50
|
|
2,700
|
2,800
|
393
|
50
|
|
2,800
|
2,900
|
405
|
50
|
|
2,900
|
3,000
|
417
|
50
|
|
3,000
|
3,100
|
429
|
50
|
|
3,100
|
3,200
|
441
|
50
|
|
3,200
|
3,300
|
453
|
50
|
|
3,300
|
3,400
|
465
|
50
|
|
3,400
|
3,500
|
477
|
50
|
|
3,500
|
3,600
|
489
|
50
|
|
3,600
|
3,700
|
50!
|
50
|
|
3,700
|
3,800
|
513
|
50
|
|
3,800
|
3,900
|
525
|
50
|
|
3,900
|
4,000
|
537
|
50
|
|
4,000
|
4,100
|
549
|
50
|
|
4,100
|
4,200
|
561
|
50
|
|
4,200
|
4,300
|
573
|
50
|
|
4,300
|
4,400
|
585
|
50
|
|
4,400
|
4,500
|
597
|
50
|
|
4,500
|
4,600
|
609
|
50
|
|
4,600
|
4,700
|
621
|
50
|
|
4,700
|
4,800
|
633
|
50
|
|
4,800
|
4,900
|
645
|
50
|
|
4,900
|
5,000
|
657
|
50
|
|
5,000
|
5,200
|
677
|
50
|
|
5,200
|
5,400
|
697
|
50
|
|
5,400
|
5,600
|
717
|
50
|
|
5,600
|
5,800
|
737
|
50
|
|
5,800
|
6,000
|
757
|
50
|
|
6,000
|
6,200
|
777
|
50
|
|
6,200
|
6,400
|
797
|
50
|
|
6,400
|
6,600
|
817
|
50
|
|
6,600
|
6,800
|
837
|
50
|
|
6,800
|
7,000
|
857
|
50
|
|
7,000
|
7,200
|
877
|
50
|
|
7,200
|
7,400
|
897
|
50
|
|
7,400
|
7,600
|
917
|
50
|
|
7,600
|
7,800
|
937
|
50
|
|
7,800
|
8,000
|
957
|
50
|
|
8,000
|
8,200
|
977
|
50
|
|
8,200
|
8,400
|
997
|
50
|
|
8,400
|
8,600
|
1,017
|
50
|
|
8,600
|
8,800
|
1,037
|
50
|
|
8,800
|
9,000
|
1,057
|
50
|
|
9,000
|
9,200
|
1,077
|
50
|
|
9,200
|
9,400
|
1,097
|
50
|
|
9,400
|
9,600
|
1,117
|
50
|
|
9,600
|
9,800
|
1,137
|
50
|
|
9,800
|
10,000
|
1,157
|
50
|
|
10,000
|
10,500
|
1,195
|
00
|
|
10,500
|
11,000
|
1,232
|
50
|
|
11,000
|
11,500
|
1,270
|
00
|
|
11,500
|
12,000
|
1,307
|
50
|
|
12,000
|
12,500
|
1,345
|
00
|
|
12,500
|
13,000
|
1,382
|
50
|
|
13,000
|
13,500
|
1,420
|
00
|
|
13,500
|
14,000
|
1,457
|
50
|
|
14,000
|
14,500
|
1,495
|
00
|
|
14,500
|
15,000
|
1,532
|
50
|
|
15,000
|
15,500
|
1,570
|
00
|
|
15,500
|
16;000
|
1,607
|
50
|
|
16,000
|
16,500
|
1,645
|
00
|
|
16,500
|
17,000
|
1,682
|
50
|
|
17,000
|
17,500
|
1,720
|
00
|
|
17,500
|
18,000
|
1,757
|
50
|
|
18,000
|
18,500
|
1,795
|
00
|
|
18,500
|
19,000
|
1,832
|
50
|
|
19,000
|
19,500
|
1,870
|
00
|
|
19,500
|
20,000
|
1,907
|
50
|
|
20,000
|
20,500
|
1,945
|
00
|
|
20,500
|
21,000
|
1,982
|
50
|
|
21,000
|
21,500
|
2,020
|
00
|
|
21,500
|
22,000
|
2,057
|
50
|
|
22,000
|
22,500
|
2,095
|
00
|
|
22,500
|
23,000
|
2,132
|
50
|
|
23,000
|
23,500
|
2,180
|
00
|
|
23,500
|
24,000
|
2,207
|
50
|
|
24,000
|
24,500
|
2,245
|
00
|
|
24,500
|
25,000
|
2,282
|
50
|
|
25,000
|
25,500
|
2,320
|
00
|
|
25,500
|
26,000
|
2,357
|
50
|
|
26,000
|
26,500
|
2,395
|
00
|
|
26,500
|
27,000
|
2,432
|
50
|
|
27,000
|
27,500
|
2,470
|
00
|
|
27,500
|
28,000
|
2,507
|
50
|
|
28,000
|
28,500
|
2,545
|
00
|
|
28,500
|
29,000
|
2,582
|
50
|
|
29,000
|
29,500
|
2,620
|
00
|
|
29,500
|
30,000
|
2,657
|
50
|
and the fee increases ai the rate of thirty seven rupees and fifty naye paise for every five hundred rupees or part thereof, for example :
| | | | |
| --- | --- | --- | --- |
|
Value
|
|
|
Proper fee
|
|
(1) |
|
|
(2) |
|
Rs.
|
|
|
Rs.
|
P.
|
|
40,000
|
...
|
...
|
3,407
|
50
|
|
50,000
|
...
|
...
|
4,157
|
50
|
|
60,000
|
...
|
...
|
4,907
|
50
|
|
75,000
|
...
|
...
|
6,032
|
50
|
|
1,00,000
|
...
|
...
|
7,907
|
50
|
|
2,00,000
|
...
|
...
|
15,407
|
50
|
|
3,00.000
|
...
|
...
|
22,907
|
50
|
|
4,00,000
|
...
|
...
|
30,407
|
50
|
|
5,00,000
|
...
|
...
|
37,907
|
50
|
II
----
Fixed fees
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Number
|
|
|
|
|
Proper fee
|
|
1.
|
Application or petition
|
|
(a) When presented to any officer of the
Customs or Excise Department or to any Magistrate by any person
having dealings with the Government, and when the subject-matter
of such application relates exclusively to those dealings;
|
|
[Fifty naye paise]
[Substituted by U.P. Act No. 44 of 1958, Section 5.]
.
|
|
|
|
|
Or when presented to any officer of land
revenue by any person holding temporarily settled land under
direct engagement with Government, and when the subject-matter
of the application or petition relates exclusively to such
engagement;
|
|
|
|
|
|
|
Or when presented to the District Magistrate or
any other officer for the correction of an electoral roll;
|
|
|
|
|
|
|
Or when presented to any Civil Court other than
a principal Civil Court of original jurisdiction;
|
|
|
|
|
|
|
Or to any Court of Small Causes constituted
under Act No. XI of 1865 or under Act No. XVI of 1868, section
20 or to a Collector or other officer of revenue in relation to
any suit or case in which the amount or value of the
subject-matter is less than fifty rupees ;
|
|
|
|
|
|
|
Or when presented to any Civil, Criminal or
Revenue Court, or to any Board or executive officer for the
purpose of obtaining a copy of translation of any judgement,
decree or order passed by such Court, Board or officer, or of
any other document on record in such Court or office.
|
|
[Fifty naye Paise]
[Substituted by U.P. Act No. 44 of 1958, Section 5.]
|
|
|
|
|
(b) When containing a complaint or charge of
any offence and presented to any Criminal Court;
|
|
[One rupee and fifty naye paise]
[Substituted by U.P. Taxation Law (Amendment) Act, 1963, Section 2.]
|
|
|
|
|
Or when presented to a Collector containing a
request from a local body, such as the Municipal Board, the
District Board or the Notified Area Committee, for the
realization of any dues by issue of warrant or any other
distress; or when presented to a District Magistrate for
permission to have displays of fire works or for a police
escort;
|
|
|
|
|
|
|
Or when presented to a District Magistrate in
the form of a programme or in any other form, for the exhibition
of a film at a shorter notice than that permitted by the
conditions of the licence issued to cinema companies for
exhibiting films ;
|
|
[One rupee and fifty naye paise]
[Substituted by U.P. Taxation Law (Amendment) Act, 1963, Section 2.]
|
|
|
|
|
Or when presented to a District Magistrate or
Collector or any officer subordinate to him, under the Village
Panchayat Act.
|
|
|
|
|
|
|
The Indian Arms Act, the Poisons Act, the
Explosives Act, the State Carriage Act, the Indian Cinematograph
Act, or any other enactment for the time being in force unless
specifically exempted from payment of court fee;
|
|
[One rupee twenty five naye paise]
[Substituted by U.P. Act No. 44 of 1958.]
|
|
|
|
|
Or when presented to a Civil, Criminal or
Revenue Court, or to a Collector, or to any Revenue Officer,
having jurisdiction equal or subordinate to a Collector, or to
any Magistrate in his executive capacity and not otherwise
provided for by this Act;
|
|
|
|
|
|
|
Or to deposit in Court revenue or rent;
|
|
|
|
|
|
|
Or for determination by a Court of the amount
of compensation to be paid by a landlord to his tenant.
|
|
|
|
|
|
|
(c) When presented to a Chief Commissioner or
other Chief Controlling Revenue or Executive authority, or to a
Commissioner, of Revenue or Circuit or to any Chief Officer
charged with the executive administration of a Division and not
otherwise provided for by this Act.
|
|
[Three rupees]
Substituted by U. P. Act
[No. 14 of 1963
.]
|
|
|
|
|
(d) When presented to the Board of Revenue for
revision of a judgment or order.
|
|
[Five rupees.]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
|
|
|
(e) [ When presented to High Court-
[Substituted by U. P. Act No. 44 of 1958.]
|
|
|
|
|
|
|
(1) Under the Companies Act, 1956 for the
winding up of a company;]
|
|
[One hundred rupees]
[Substituted by U.P. Act No. 34 of 1970.]
|
|
|
|
|
(2) [ Under Article 226 or Article 227 of the
Constitution or by way of special appeal against a judgment or
order including a judgment or order passed on a petition filed
before the commencement of the Court Fees (Uttar Pradesh
Amendment) Act, 1970 passed by a Single Judge of the High Court
thereon.
[Substituted by Court Fees (U.P. Amendment) Act, 1970 (Act 34 of 1970) (w.e.f. 15.1.1971).]
|
|
One hundred rupees.]
|
|
|
|
|
(3) For probate or letters of administration to
have effect throughout India;
|
|
Twenty-five rupees.
|
|
|
|
|
(4) Under Section 115 of the Code of Civil
Procedure, 1908, for revision of an order; and
|
|
Ten rupees
|
|
|
|
|
[(4-A) Under Section 11 of the Uttar Pradesh
Sales Tax Act, 1948, for revision of an order;
[Added by U. P. Sales Tax (Amendment and Validation) Act, 1979 (Act No. XII of 1979), Section 41.]
|
|
Two hundred and fifty rupees.]
|
|
|
|
|
(5) In any other case not otherwise provided
for:
|
|
Five rupees
|
|
|
|
|
[Provided that-
[Inserted by U. P. Act No. 34 of 1970.]
|
|
|
|
|
|
|
(i) No Court fee shall be payable under clause
(e) on an application or petition under Section 491 of the[Code
of Criminal Procedure, 1898]
[Now see Code of Criminal Procedure, 1973.]
or under Article 226 of the
Constitution for writs in the nature ofhabeas corpusor
in relation to any proceeding relating thereto;
|
|
|
|
|
|
|
(ii) The court fee payable on an application or
petition for adjournment of hearing of any case shall be double
the court fee payable on an ordinary application or petition
under clause (b) , clause (c), clause (d) or sub-clause (f) of
clause (e) as the case may be].
|
|
|
|
|
|
|
(f) When presented under Chapter IV of the[Motor Vehicles Act, 1939 (IV of 1939)]
[Now see Motor Vehicles Act, 1988.]
-
|
|
|
|
|
|
|
(i) To Regional Transport Authority or its
Chairman or Secretary.
|
|
[One hundred rupees]
Substituted by U. P. Act
[No. 14 of 1989
, Section 2 (a) (w.e.f. 1.5.89).]
|
|
|
|
|
(ii) To the State Transport Authority or its
Chairman or Secretary.
|
|
[Two hundred rupees]
Substituted by U. P. Act
[No. 14 of 1989
, vide Section 2 (b) (w.e.f. 1.5.89).]
|
|
1-A.
|
Application to any Civil Court that records may
be called for from another Court.
|
|
When the Court grants the application and is of
opinion that the transmission of such records involves the use
of the post.
|
|
[One rupees and fifty naye paise]
[Substituted by U. P. Act No. 25 of 1952.]
in addition
to any fee levied on the application under clause (a) , clause
(b) or clause (c) of Article 1 of this Schedule.
|
|
2.
|
Application for leave to sue as a pauper.
|
|
|
|
[Seventy-five naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
|
|
3.
|
Application for leave to appeal as a pauper.
|
|
(a) When presented to a District Court.
|
|
[One rupee and twenty five naye paise]
[Substituted by U. P. Act No. 20 of 1958.]
.
|
|
|
|
|
(b) When presented to a Commissioner or a High
Court.
|
|
[Two rupees and fifty naye paise.]
[Substituted by U. P. Act No. 20 of 1958.]
|
|
4.
|
Plaint or memorandum of appeal in a suit to
obtain possession under Act No. XVI of 1838 or the Mamlatdar's
Court Act, 1876.
|
|
|
|
Seventy-five naye paise.
|
|
5.
|
Plaint or memorandum of appeal in a suit to
establish or disprove a right of occupancy.
|
|
|
|
[Two rupees.]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
6.
|
Bail-bond or other instrument of obligation
given in pursuance of an order made by a Court or Magistrate
under any section of the[Code of Criminal Procedure, 1898]
[Now see Code of Criminal Procedure, 1973.]
, or
the Code of Civil Procedure, 1908 and not otherwise provided for
by this Act.
|
|
|
|
One rupee.
|
|
7.
|
Undertaking under Section 49 of the Indian
Divorce Act.
|
|
|
|
[One rupee]
[Substituted by U. P. Act No. 25 of 1952.]
|
|
8.
|
[Repealed by Act XII of 1891].
|
|
|
|
|
|
9.
|
[Repealed by Act XII of 1891].
|
|
|
|
|
|
10.
|
[Mukhtarnama, Vakalatnama or any paper signed
by[an Advocate, Attorney or Pleader]
[Substituted by U. P. Act No. 44 of 1958.]
signifying or intimating
that he is retained by a party].
|
|
When presented for the conduct of any one case-
|
|
|
|
|
(a) To any Civil or Criminal Court other than a
High Court, or to any Revenue Court, or to any Collector or
Magistrate, or other Executive Officer, except such as are
mentioned in clauses (b) and (c) of this number;
|
|
[One rupee and fifty naye paise.]
Substituted by U. P. Taxation Laws (Amendment) Act, 1963 (
[14 of 1963
).]
|
|
|
(b) To a Commissioner of Revenue, Circuit or
Customs or to any officer charged with the executive
administration of a Division, not being the Chief Revenue or
Executive Authority.
|
|
[Three rupees]
Substituted by U. P. Taxation Laws (Amendment) Act, 1963 (
[14 of 1963
).]
.
|
|
|
(c) To a High Court, Chief Commissioner, Board
of Revenue, or other Chief Controlling Revenue or Executive
Authority.
|
|
[Five rupees]
[Substituted by U. P. Act No. 44 of 1958.]
.
|
|
11.
|
Memorandum of appeal when the appeal is not
from a decree or an order having the force of a decree and is
presented.
|
|
(a) To any Civil Court other than a High Court
or to any Revenue Court or Executive Officer other than
Commissioner of the Division or Chief Controlling Revenue or
Executive authority.
|
|
[One rupee and fifty naye paise]
[Substituted by U. P. Act No. 44 of 1958.]
.
|
|
|
(b) To Commissioner of the Division.
|
|
[Three rupees.]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
|
(c) To a High Court or to a Chief Controlling
Executive or Revenue Authority.
|
|
[Five rupees]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
[11-A.
[Inserted by U. P. Act No. 44 of 1958.]
|
Memorandum of appeal under section 39 of the
Arbitration Act, 1940.
|
|
(a) When the appeal is from the order in a case
where the value for purposes of jurisdiction does not exceed
Five thousand rupees.
|
|
Fifteen rupees.
|
|
|
(b) In any other case.
|
|
One hundred rupees.]
|
|
12.
|
Caveat
|
|
When the amount or value of the property in
respect of which the caveat is lodged-
|
|
|
|
|
|
|
(a) does not exceed five thousand rupees.
|
|
Six rupees and twenty five naye paise.
|
|
|
|
|
(b) exceeds five thousand rupees.
|
|
Twenty rupees and fifty naye paise.
|
|
13.
|
Application under Act No. X of 1859, Section 26
or Bengal Act No. VI of 1862, Section 9, or Bengal Act No. VIII
of 1869, Section 37.
|
|
|
|
[Six rupees, and twenty five naye paise.]
[Substituted by U. P. Act No. 25 of 1952.]
|
|
14.
|
Petition in a suit under the[\* \* \*]
[Some words omitted by A. O. 1950.]
Converts
Marriage Dissolution Act, 1866.
|
|
|
|
[Nine rupees and fifty naye paise]
[Substituted by U. P. Act No. 25 of 1952.]
|
|
15.
|
[Repealed by Act V of 1908].
|
|
|
|
|
|
16.
|
[Repealed, by Act VI of 1889 Section 18(1) ]
|
|
|
|
|
|
17.
|
Plaint or memorandum of appeal in each of the
following suits :
|
|
|
|
|
|
|
(i) To alter or set aside a summary decision or
order (not being one passed under Order XXI, Rules 60, 61 or 62
of the Code of Civil Procedure) or any of the Civil Courts not
established by Letters Patent or of any Revenue Court;
|
|
|
|
[Twenty two rupees.]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
|
(ii) To alter or cancel any entry in a register
of the names of Proprietors of revenue paying estates ;
|
|
|
|
[Twenty two rupees.]
Substituted by U. P. Act
[No. 14 of 1963
]
|
|
|
(iii) [ To obtain a
declaratory decree where no consequential relief is prayed in
any suit, not otherwise provided for by this Act;]
Substituted by U. P. Act
[No. 14 of 1963
]
(iv) [Omitted by
U. P. Act XIX of 1938].
(v) [Omitted by U.P.
Act XIX of 1938].
(vi) For relief
under Section 14 of the Religious Endowments Act, 1863, or under
Section 91 or Section 92 of the Code of Civil Procedure, 1908.
(vii) Every other suit not otherwise provided
for by this Act.
|
|
(a) When the value of the suit or appeal for
purposes of jurisdiction does not exceed one thousand rupees ;
|
|
[Thirty rupees.]
[Substituted by U. P. Act No. 44 of 1958.]
|
|
|
|
(b) When such value exceeds one thousand
rupees, but does not exceed five thousand rupees ;
|
|
Fifty rupees
|
|
|
|
(c) When such value exceeds five thousand
rupees, but does not exceed ten thousand rupees ; and
|
|
One hundred rupees.
|
|
|
|
(d) when such value exceeds ten thousand rupees
:
|
|
Two hundred rupees.
|
|
|
|
Provided that in a suit filed before a High
Cour tunder its original jurisdiction the feec hargeable in all
cases under this article shall be two hundred and fifty rupees.
|
|
|
|
18. [
[Substituted by U. P. Act No. 44 of 1958.]
|
(i) Application under Section 14 or Section 20
of the Arbitration Act, 1940, or an application to set aside an
award under the said Act.
|
|
(a) When the value of the subject-matter of the
award does not exceed five thousand rupees ;
|
|
Twenty rupees.
|
|
|
(b) When such value exceeds five thousand
rupees, but does not exceed ten thousand rupees ; and
|
|
One hundred rupees.
|
|
|
(c) When such value exceeds ten thousand
rupees.
|
|
Two hundred rupees.
|
|
(ii) Other applications under the Arbitration
Act, 1940.
|
|
|
|
Twenty rupees.]
|
|
19. [
[Substituted by U. P. Act No. 44 of 1958.]
|
Agreement in writing stating a question for the
opinion of the Court under the Code of Civil Procedure, 1908.
|
|
|
|
Twenty two rupees.]
|
|
20.
|
Every petition under the Indian Divorce Act,
except petitions under Section 44 of the same Act and every
memorandum of appeal under Section 55 of the same Act.
|
|
|
|
Thirty seven rupees and fifty naye paise.
|
|
21. [
[Substituted by U.P. Act No. 44 of 1958.]
|
Memorandum of Appeal under the Parsi Marriage
and Divorce Act, 1939.
|
|
|
|
Thirty seven rupees and fifty naye paise]
|
|
[21-A.
[Inserted by U.P. Act No. 44 of 1958.]
|
[Application, Petition or Memorandum]
Substituted by U.P. Act
[No. 4 of 1961
.]
under the
Special Marriage Act, 1954 or the Hindu Marriage Act, 1955.
|
|
|
|
Thirty seven rupees and fifty naye paise.]
|
|
22.
[Substituted by U. P. Act
[No. 14 of 1963
.]
|
Election petition questioning the election of
any person.
|
|
(a) As a President Vice-President or Adhyaksha,
Up-Adhyaksha, Nagar Pramukh or Up-Nagar Pramukh of a Municipal
Board Zila Parishad or Nagar Mahapalika or any other local body
except those mentioned in clause (c) .
|
|
Two hundred rupees.
|
|
|
|
|
(b) As a Sadasya or Vishishta Sadasya of a
Nagar Mahapalika or as a member of a Municipal Board or Zila
Parishad or any other local body except those mentioned in
clause (d) .]
|
|
One hundred and fifty rupees.
|
|
|
|
|
(c) As a President or Chairman of a Notified or
Town Area Committee.
|
|
Fifty rupees.
|
|
|
|
|
(d) As a member of a Notified or Town Area
Committee.
|
|
Twenty-five rupees.
|
III
-----
(See Section 19-1)
Form of valuation (to be used with such modifications, if any, as may be necessary)
In The Court Of .........................
Re : Probate of the Will of .................... (or administration of the property and credits of ...................) deceased.
| |
| --- |
|
I ..........................................................................................| solemnly affirmmake oath
|
and say that I am the executor (or one of the executor or one of the next-of-kin) of .................... deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credits of which the above named deceased died possess or was entitled to at the time of his death, and which have come or are likely to come, to my hands.
### 2. I further say that I have also truly set forth in Annexure B all the items. I am by law allowed to deduct. ###
3. I further say that the said assets, exclusive only of such last mentioned items, but inclusive of all rents, interest, dividends and increased value since the date of the death of the said deceased, are under the value of ..................
Annexure A
Valuation of the movable and immovable property of deceased
| | |
| --- | --- |
|
|
Rs.[N. P]
[Substituted by U. P. Act No. 20 of 1958.]
|
|
Cash in the house and at the banks, house-hold
goods, wearing apparel, books, plates, jewels, etc.
|
|
|
(State estimated value according to best of
Executor's or Administrator's belief).
|
|
|
Property in Government securities transferable
at the Public Debt Office.
|
|
|
(State description and value at the price of
the day, also the interest separately, calculating at the time of
making the application).
|
|
|
Immovable property consisting of-
|
|
|
(State description, giving, in the case of
houses, the assessed value if any, and the number of years'
assessment the market value is estimated at, and in the case of
land, the area, the market value and all rents that have
accrued.)
|
|
|
Leasehold property-
|
|
|
(If the deceased held any leases for years
determinable, state the number of years' purchase, the profit
rents are estimated to be worth and the value of such, inserting
separately arrears due at the date of death and all rents
received or due since that date to the time of making the
application).
|
|
|
Property in public companies-
|
|
|
(State the particulars and the value
calculated at the price of the day; also the interest separately,
calculating it to the time of making the application).
|
|
|
Policy of insurance upon life, money out on
mortgage and other securities, such as bonds, mortgages, bills,
notes and other securities for money.
|
|
|
(State the amount of the whole; also the
interest separately, calculating it to the time of making the
application.)
|
|
|
Books debts
|
|
|
(Other than bad.)
|
|
|
Stock-in-trade
|
|
|
(State the estimated value, if any.)
|
|
|
Other property not comprised under the foregoing
heads.
|
|
|
(State the estimated value, if any)
|
|
|
|
Total...
|
|
Deduct amount shown in Annexure B not subject to
duty ...
|
|
|
|
Net Total...
|
Annexure B
of debts, etc.
----------------
| | |
| --- | --- |
|
|
Rs.[N.
P]
[Substituted by U. P. Act No. 20 of 1958.]
|
|
Amount of debts due and owing from the deceased, payable by
law out of the estate.
|
|
|
Amount of funeral expenses.
|
|
|
Amount of mortagage incumbrances.
|
|
|
Property held in trust not beneficially or with general power
to confer a beneficial interest
|
|
|
Other property not subject to duty.
|
|
|
|
Total...
|
|
65b9a840ab84c7eca86e98f9 | acts |
State of Haryana - Act
------------------------
The Haryana Affiliated Colleges (Security of Service) Act, 1979
-----------------------------------------------------------------
HARYANA
India
The Haryana Affiliated Colleges (Security of Service) Act, 1979
=================================================================
Act 15 of 1979
----------------
* Published on 17 April 1979
* Commenced on 17 April 1979
The Haryana Affiliated Colleges (Security of Service) Act, 1979
Act
No. 15 of 1979
Statement of Objects and Reasons. - The teachers working in the non-Government affiliated colleges have been pressing the Government for taking necessary steps to provide them protection against the high-handedness of the College Managing Committees in regard to matters relating to their conditions of service. With a view to provide security of service to the employees working in the non-government college and also tone up the educational administration government propose to enact a suitable legislation in this behalf. Hence the Bill.
Haryana Gazette Extraordinary dated 23.3.1979 page 583.
Received the assent of the Governor of Haryana on the 17th April, 1979 and published for general information, in the Haryana Government Gazette Legislative Supplement dated 19th April, 1979.
An Act to provide for the security of service to employees of affiliated colleges.
Be it enacted by the Legislature of the State of Haryana in the Thirtieth year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Haryana Affiliated Colleges (Security of Services) Act, 1979.
### 2. Definitions.
- In this Act, unless the subject or context otherwise requires, -
(a) [ "affiliated College" means a college which is not run by the Central Government or the State Government or a local authority which is recognised by the Kurukshetra University under the Kurukshetra University Act, 1956, or is admitted to the privileges of the Maharishi Dayanand University under the Maharishi Dayanand University Act, 1975.]
[Words 'and is receiving or but for suspension would be receiving grant-in-aid from the Government, a local authority or a university' omitted vide Haryana Act 12 of 1984.]
.
(b) "Director" means the Director of Public Instruction, Haryana, and includes any other officer of the State Government authorised by the Government to exercise the powers and perform the functions of the Director under this Act;
(c) "employee" means any person who is in the whole-time employment of an affiliated college;
(d) "Government" means the Government of the State of Haryana.
(e) "Managing Committee" means the Managing Committee of an affiliated college and includes a person or body of persons for the time being entrusted with the management of the affairs of such a college;
(f) "prescribed" means prescribed by rules made under this Act; and
(g) "university" means the Kurukshetra University as incorporated under the Kurukshetra University Act, 1956, or the Maharishi Dayanand University as incorporated under the Maharishi Dayanand University Act, 1975.
### 3. Qualification.
- The minimum qualification for recruitment of various classes of employees shall be such as may, from time to time, be laid down by the University concerned :
Provided that the qualification of an existing employee at the commencemnt of this Act shall not be varied to his disadvantage.
### 4. [ Method of Recruitment and conditions of service.
[Substituted vide Haryana Act No. 9 of 1992.]
- The method of recruitment, and the conditions of service, of the employees shall be such as may be prescribed :
Provided that the condition of service of an existing employee at the commencemnt of this Act shall not be varied to his disadvantage].
### 5. [ Code of conduct.
[Substituted vide Haryana Act No. 9 of 1998.]
- The employees shall be governed by such code of conduct as may be prescribed]..
### 6. Salary.
- The scales of pay and other allowances and privileges of the employees shall be such as may, from time to time, be specified by the Government.
### 7. [ Procedure to be observed before dismissal, removal, reduction in rank or withholding of annual increment of pay with cumulative effect.
[Subsituted vide Haryana Act 9 of 1998.]
(1) No employee shall be dismissed, removed, reduced in rank or no annual increment or increments of pay of any employee shall be withheld with cumulative effect after an enquiry in which he has been informed of the charge against him and given a reasonable opportunity of being heard in respect of those charges :
Provided that this section shall not apply where an employee is dismissed, removed, reduced in rank or where the annual increment or increments of pay of any employee is or are withheld with cumulative effect on the ground of conduct which has led to his conviction on a criminal charge.
(2) The penalty of dismissal, removal from service, reduction in rank and withholding of annual increment or increments of pay with cumulative effect shall not be imposed unless the same is approved by the Director.
(3) Where after the enquiry is referred to in sub-section (1) it is proposed to impose the penalty of dismissal, removal from service, reduction in rank or withholding of annual increment or increments of pay with cumulative effect, the proposal along with the relevant record shall be referred to the Director and the employee concerned shall be informed.
(4) The employee may, within a period of thirty days of the receipt of the intimation referred to in sub-section (3), make a representation against the proposed penalty to the Director who may, after examining the record and giving the parties an opportunity of being heard, by an order in writing, approve the proposed penalty or reduce it or refuse to approve it, if the proposal is found to be mala fide or by way of victimisation or not warranted by the facts and circumstances of the case].
### 7A. [ Continuous of suspension beyond six months.
[Vide Haryana Act No. 9 of 1982.]
(1) In case the Managing Committee of an affiliated college considers it expedient to keep an employee under suspension beyond the period of six months, it shall submit a detailed report to the Director at least one month before the expiry of the period of six months specifying reasons warranting the extension of the suspension period of the employee beyond six months.
(2) After considering the report under sub-section (1), the Director shall pass an order whether the extension be granted or not. In the event of his refusal to grant the extension, the Managing Committee shall reinstate the employee within a fortnight from the date of receipt of the order, failing which the employee concerned shall be deemed to have been reinstated on the expiry of the aforesaid period.]
### 8. Bar of jurisdiction of Civil Courts.
- No Civil Courts shall have jurisdiction to entrain any suit in respect of any proceedings taken under the provisions of this Act.
### 9. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Government or any authority or any officer appointed under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
### 10. Appeal.
(1) Any employee aggrieved by an order imposing any penalty on him other than dismissal, removal or reduction in rank may, within thirty days of the date of communication to him of such order prefer an appeal to the Director in such form and manner as may be prescribed :
Provided that the Director may entertain the appeal after expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The Director may, after hearing the parties, confirm, vary or reverse the order appealed from and may pass such orders, as he deems fit.
### 11. Power of revision.
- The State Government may, either of its own motion or an application received in this behalf, at any time call for the record of any proceedings which is either pending before the Director or in which the Director has passed any order for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in relation thereto as it thinks fit :
Provided that the State Government shall not pass order under the section prejudicial to any party without giving such party a reasonable opportunity of being heard.
### 12. Power to issue directives.
- The State Government shall be competent to issue such directives to the Managing Committee of an affiliated college as may be necessary for the proper enforcement of the provisions of this Act and the rules made thereunder.
### 13. Over-riding effect of this Act.
- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force including any rule, regulation, statute or any ordinance of the university concerned.
### 14. [ Power to stop, reduce or suspend grant-in-aid or to make payment therefrom to employees in certain cases.
[Proviso omitted by Haryana Act of 1982.]
(1) It shall be lawful for the Government to stop, reduce or suspend the grant-in-aid to an affiliated college for the violation of any of the provisions of this Act or the rule made thereunder or of any directive issued under Section 12, by the Managing Committee, Manager or any other authority charged with the administration thereof] :-
(2) In the case of non-compliance of an order of a competent authority, or of any directive, issued under the Act, it shall be lawful for the Government to pay, out of grant-in-aid payable to the affiliated college such sum of money as is found to be due to any employee from such affiliated college or the Managing Committee.
(3) [ Before taking any action under the section, the Government shall give a reasonable opportunity to such Managing Committee, Manager or authority concerned to show cause against the action proposed to be taken.]
[Inserted vide Haryana Act No. 9 of 1982.]
.
### 15. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
### 16. Power to make rules.
(1) The Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions such rules provide for all or any of the following matters, namely :-
(a) the form and manner in which appeal may be preferred to the Director;
(b) form and mode of service of any notice issued under the provisions of this Act; and
(c) any other matter which has to be or may be prescribed.
(3) Every rule made under this Section shall be laid as soon as may be after it is made before the House of the State Legislative while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it so laid or the successive sessions aforesaid, the House agrees in making any modification in the rules or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification on annulment shall be without prejudice to the validity of anything previously done under that rule.
|
65b9d95aab84c7eca86ea1f7 | acts |
State of Arunachal Pradesh - Act
----------------------------------
Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017
--------------------------------------------------------------------------------------
ARUNACHAL PRADESH
India
Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017
======================================================================================
Act 4 of 2017
---------------
* Published on 12 April 2017
* Commenced on 12 April 2017
Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017
(Act
No. 4 of 2017
)
Last Updated 19th February, 2020
(Received the assent of the Governor on 12th April, 2017 and published in the Arunachal Pradesh E.O. Gazette No. 117 Vol. XXIV dated 26th April, 2017)
An Act to provide for establishment of a Regulatory Commission and Regulatory mechanism in the State for the purpose of ensuring appropriate standard of admission, teaching, examination, research and protection of interest of students in the Private Educational Institutions and for matters connected therewith or incidental thereto;
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixty-eight Year of the Republic of India as follows
### 1. Short title extent and commencement.
(1) This Act may be called the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017.
(2) It shall apply to all the Private Educational Institutions established in the State of Arunachal Pradesh.
(3) It shall come into force on the date of its publication in the Official Gazette.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Commission" means the Regulatory Commission established under section 3 of this Act;
(b) "Member" means a member of the Commission and includes the Chairperson;
(c) "Private Educational Institutions" means all the private educational institutions in the State namely,- degree colleges, professional colleges of Education, Institutes of Technical Education, Management, Law, Engineering, Medicine, Pharmacy, Paramedical institutions and Universities, Deemed Universities, Centres of Excellence, or any other educational Institutions of higher learning, except schools affiliated, or any other recognized Board of Education ;
(d) "Regulations" means regulations made by the Commission under section 19 of this Act;
(e) "Regulatory body" means any State or Central Statutory Body set up for the purpose;
(f) "Student" means a person enrolled in a Private Educational Institution for pursuing a course of study for the award of a degree, diploma, certificate or other academic distinction;
(g) "University Grants Commission" means the University Grant Commission established under the University Grants Commission Act, 1956;
(h) "Prescribed" means prescribed by rules made under this Act;
(i) "State Government" means the Government of Arunachal Pradesh; and
(j) "Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level.
(k) "Standard guidelines" means guidelines of admission, teaching, examination, research and protection of interest of students as laid down by UGC or State Regulatory body constituted under this Act or any other laws for the time being in force in the State for imparting quality education.
### 3. Establishment of Commission .
(1) The State Government may, by notification published in the Official Gazette, establish the Arunachal Pradesh Private Educational Institutions Regulatory Commission for the purpose of providing a regulatory mechanism in the State and for working as an interface between the State Government and the Central Regulatory Bodies for the purpose of ensuring appropriate standards of admission, teaching, examination, research, extension programmes and protection of the interest of the students of the Private Educational Institutions.
(2) The Commission shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name.
(3) The headquarters of the Commission shall be at such place as may be notified by the State Government.
### 4. Composition of Commission.
(1) The Commission shall consist of a Chairperson and two other members from amongst persons of eminence in public life or in the field of higher education or who have remained Secretary or above to the Government of Arunachal Pradesh or held equivalent post in the Government of India for a period of not less than three years.
Provided that the Chairperson and the members shall not be from the same field of specialization.
(2) The Chairperson and members of the Commission shall be appointed by the State Government, on the recommendations of a Search Committee, for a period of three years or until he or she attains the age of 65 years, whichever is earlier, and such Chairperson or members may be eligible for a second term subject to the upper age limit of 65 years.
Provided that, after the expiry of the term of office, the Chairperson or the member, as the case may be, shall not be eligible for further employment or any assignment in any of the Private Educational Institutions within Arunachal Pradesh or their associate offices or companies within or outside Arunachal Pradesh for a period of three years.
(3) For the purpose sub-section (2), the search Committee shall consist of the following, namely:-
(i) Chief Secretary to the Government of Arunachal Pradesh. - Chairperson- Ex-officio
(ii) Secretary/Commissioner (Higher and Technical Education) to the Government of Arunachal Pradesh - Ex-Officio Member
(iii) Director Higher & Technical Education, Government of Arunachal Pradesh - Member Secretary
(iv) One eminent scholar in the Field of Education to be appointed by the Chief Secretary - Member
(4) The member of the Search Committee, other than ex-officio members, shall be paid such travelling allowance for to-and fro journey and such remuneration for each seating as may be prescribed.
### 5. Removal of Member.
(1) No member shall be removed from office except in accordance with the provisions of this section.
(2) The State Government may by order remove from office any member, if he-
(a) has been adjudged an insolvent by a competent court; or
(b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or other interest as is likely to affect pre-judicially his function as a member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f) has been guilty of proven misbehaviour; or
(g) has failed to discharge his duties :
Provided that no member shall be removed from his office on any ground specified in clauses (d) , (e), (f) or (g) unless an enquiry has been conducted by the State Government for this purpose and the member has been given an opportunity to defend himself.
### 6. Officers and other employees of the Commission.
(1) There shall be a Secretary of the Commission who shall be appointed by the State Government on such terms and conditions, as may be prescribed.
(2) The Commission may appoint such officers and employees as it considers necessary, for the efficient performance of the functions of the Commission, after approval of the State Government.
(3) The terms and conditions of service of the officers and employees of the Commission shall be such as may be prescribed.
### 7. Meetings.
- The Commission shall meet, as often as may be necessary, at such time and place and observe such procedure, as may be prescribed in the regulations.
### 8. Fund.
- The Commission shall establish a fund to which shall be credited -
(a) By the Private Educational Institutions such percentage of total fees every year as may be assessed by the Commission from time to time but not exceeding one percent of the total fees;
(b) Any other grants received from any other source; and.
(c) All sums received by way of penalties.
### 9. Powers and functions of the Commission.
(1) It shall be the duty of the Commission to ensure that standards of admission, teaching, examination, research, extension programme, qualified teachers and infrastructure, are being maintained by the Private Educational Institutions in accordance with the guidelines issued by the Regulatory Bodies of the Central Government or the State Government or by the Central Government or the State Government from time to time. In case of failure of the Educational Institution to meet the standards laid down, the commission shall have the power to penalize the Educational Institutions under section 11 of the Act and in case of successive failure of an Institution to meet the standards, the Commission may recommend to the state Government/Regulatory Body for the winding up of the Institution and the University.
(2) The Commission shall ensure that the admissions in the Private Educational institutions are based on merit achieved in National Common Entrance Test or the State Common Entrance test or any other test as may be notified by the State Government and where there is no National Level Common Entrance Test, or State Level Common Entrance Test or any other test, the merit shall be determined strictly on the basis of the marks obtained in the qualifying Examination including qualifying test.
(3) The Commission shall develop an appropriate mechanism for receipt and redressal of grievances of students and parents, and direct the private Institutions to set-up a proper Grievances Redressal mechanism for redressal of complaints reported to the Commission. Such complaints shall be addressed within the time fixed by the Commission with details of the steps taken by the institution to redress such complaint.
(4) The Commission may conduct inspections of Private Educational institutions as and when required and may form expert committees, for inspections of Private Educational Institutions.
(5) The Commission shall have the power to monitor and regulates fees in Private Educational Institutions.
### 10. Procedure and Powers of the Commission.
(1) The Commission shall, for the purpose of any inquiry or proceedings under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of1908) in respect of the following matters, namely -
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing summons for the examination of witnesses ;
(f) reviewing its Sessions, directions and orders;
(g) any other matter which may be prescribed.
(2) The Commission shall have the powers to pass such interim order in the proceeding, hearing or matter as the Commission may consider appropriate.
(3) The Commission may authorize any person, as it deems fit, to represent the interest of the students and parents in the proceedings before it.
(4) All disputes under this Act shall be decided summarily in accordance with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.
### 11. Penalties.
(1) The Commission may, for the contravention of any of the provision of this Act or the rules or regulations made thereunder, or directions issued by the Commission, impose penalty, in such manner as may be prescribed, but not exceeding one crore rupees:
Provided that the maximum penalty for a second or subsequent contravention shall be five crore rupees;
Provided further that no penalty shall be imposed unless the institution concerned is given an opportunity of being heard.
(2) The penalty imposed under sub - section (1) shall be recover¬able from the endowment fund or any fund or as arrear of land revenue from the Educational Institutions concerned.
### 12. Accounts and Audit of the Commission.
(1) The Commission shall maintain its Accounts in such form and in such manner as may be prescribed.
(2) The accounts of the Commission shall be audited annually by the Comptroller and Auditor General of India and the Commission shall send a copy of the audit report to the State Government.
### 13. Annual report.
(1) The Commission shall, as soon as, may be, after the end of each financial year, prepare and submit to the State Government, before such date and in such form as may be prescribed, a report giving an account of its activities during the previous year and the State Government, shall cause every such report to be laid before the Legislative Assembly as soon as may be, after its receipt.
(2) The Commission shall send a copy of the audited annual account of the Commission to the State Government every year, and the State Government shall cause such accounts to be laid before the Legislative Assembly.
### 14. Indemnity.
- No suit, prosecution or other legal proceedings shall lie against the Chairperson, any member, officer or employee of the Commission in respect of anything which is, in good faith, done or intended to be done in pursuance of the Act or the rules made thereunder.
### 15. Members and employees to be public servants.
- The members and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 1860.
### 16. Power to issue directions.
- The State Government may issue such directions to the Commission as in its opinion, are necessary or expedient for carrying out the purposes of this Act and the Commission shall give effect to all such directions.
### 17. Act to have overriding effect.
- The provisions of this Act or rule or order made thereunder, shall have effect, notwithstanding anything inconsistent therewith contained in any other Acts in respect of the establishment of Private Universities in the State for the time being in force.
### 18. Power to make the rules.
(1) The State Government may, by notification publish in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) The terms and conditions of service of the Chairperson, the members and the Secretary of the commission.
(b) Mode of authentication of the orders and decisions of the Commission and instruments issued by it.
(c) The form and manner in which the accounts shall be maintained by the Commission under section 12;
(d) The minimum and maximum limit of the penalty under section 11 and the manner in which such penalty is to be imposed; and
(e) Such other matters as may be required for proper functioning of the Commission.
### 19. Power to make regulations.
- The Commission may, with the prior approval of the State Government, make regulations to carry out the provisions of this Act.
### 20. Rules and regulations to be laid in Legislative Assembly.
- Every rule and regulation made under sections 18 and 19 of this Act shall respectively be laid, as soon as may be after these are made, before the Legislative Assembly.
### 21. Powers to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary for the purpose of removing the difficulty;
Provided that no such order shall be made after the expiry of two years from the Commencement of this Act.
|
65b9ef50ab84c7eca86ea45f | acts |
State of West Bengal - Act
----------------------------
West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
-------------------------------------------------------------------------------
WEST BENGAL
India
West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
===============================================================================
Act 10 of 2006
----------------
* Published on 12 April 2006
* Commenced on 12 April 2006
West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
West Bengal Act
10 of 2006
### 016. Passed by the West Bengal Legislature with effect from 12.04.2006, received the Assent of the Governor and was first published in the Kolkata Gazette, Extraordinary, of the 12th April, 2006
An Act to encourage and promote plantation of trees, and to protect and conserve trees, particularly those looked upon as sacred groves, or identified as belonging to an endangered species or given the status of heritage, bearing in mind that trees have great environmental value and are a renewable resource.
Whereas it is expedient, in the public interest, to prevent the felling of trees in Non-Forest Areas and to encourage and promote plantation of trees, and to protect and conserve trees, particularly those looked upon as sacred groves, or identified as belonging to an endangered species or given the status of heritage, bearing in mind that trees have great environmental value and are a renewable resource;
And Whereas it is considered expedient to make provisions for protection and improvement of environment as envisaged under Article 48A of the Constitution of India;
It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows
### 1. Short title, extent and commencement.
(1) This Act may be called the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
### 2. Application.
This Act shall apply to trees in Non-Forest Areas viz, the Areas other than forest and the Areas declared as community reserve under the Wild Life (Protection) Act, 1972 (53 of 1972).
Explanation.- For the purpose of this section. the word "forest" has the same meaning as is assigned in the West Bengal Private Forests Act, 1948 (West Bengal Act No. 14 of 1948).
### 3. Definitions.
-In this Act, unless the context otherwise requires,-
(1) "appellate authority" means an appellate authority appointed under sub-section (1) of section 7;
(2) "competent authority" means an authority appointed by the State Government, by notification, to perform the duties and exercise the powers conferred upon a competent authority under this Act;
(3) "felling of tree' means cutting, girdling, pollarding, uprooting or damaging a tree in any manner but shall not include lopping off of a limb of tree for such purposes as may be prescribed;
(4) "notification" means a notification published in the Official Gazette;
(5) "person" shall include any company or association or body of individuals, whether incorporated or not;
(6) "raiyat" shall have the same meaning as in the West Bengal Land Reforms Act, 1955 (West Bengal Act No. 10 of 1956);
(7) "Schedule" means a Schedule to this Act;
(8) "State Government" means the State Government of West Bengal;
(9) "tree" has the same meaning as in the Indian Forest Act, 1927 (16 of 1927), and includes any woody plant whose branches spring from an area supported upon a trunk or body and whose trunk or body is not less than ten centimetres in diameter at breast height from the ground level.
Explanation.For the purpose of this clause "breast height" means the standard height for measuring girth, diameter and basal area of standing trees which is taken as 4 feet 6 inches (1.37 metre) above ground level and on slopes breast height is taken on the uphill side;
(10) "prescribed' means prescribed by rules made under this Act;
(11) other expressions used in this Act, but not defined, shall have the same meanings as defined in the Indian Forest Act, 1927.
### 4. Restriction on felling of trees.
-Except as provided in this Act or the rules made thereunder, no person shall
(a) fell any tree in the Non-Forest Area and
(b) cut, remove or otherwise dispose of any tree other than a tree which has felled without the aid of human agency.
### 5. Permission to fell trees.
(1) A competent authority may, on receipt of an application from a person to fell a tree or otherwise dispose of any tree, for such purposes as may be prescribed, and on being satisfied with regard to the legality of documents towards the proof of ownership or lease of the land on which such tree stands and after making an inquiry, in such manner as may be prescribed, grant permission, in writing, to fell tree :
Provided that no such permission shall be granted, if it is found on inquiry that the nature or character of the land may change or the mode of use of the land may alter, unless the person concerned produces the conversion certificate obtained from the Collector concerned under the provisions of section 4C of the West Bengal Land Reforms Act, 1955
Provided further that in the Sadar sub-division, Kalimpong sub-division and Kurseong sub-division of the district of Darjeeling, no such permission shall be required, if a raiyat obtains permission under provisions of section 4A of the West Bengal Land Reforms Act, 1955, read with rule 474 of the West Bengal Land and Land Reforms Manual, 1991 :
Provided also that the competent authority shall, within three days from the date of receipt of application, give permission of felling of trees, if it constitute such immediate danger, as may be prescribed to any person or property.
(2) Notwithstanding anything contained in sub-section (1). no permission shall be required if felling of trees is undertaken for not more than three trees at a time in rural areas :
Provided that felling of trees shall not be undertaken in a particular plot of land more than once in a year.
Explanation 1.For the purposes of this section, "rural area" shall include all areas under Gram Panchayat and exclude the areas under Municipality, Notified Area Authority or Municipal Corporation.
Explanation II.For the purposes of this section "Municipality" and "Notified Area Authority" shall have the same meaning as defined in the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993).
### 6. Procedure for obtaining permission to fell trees.
(1) Every application under section 5 shall be in writing giving particulars of the tree, the details of the plot of land on which the tree is located and the reasons for felling the tree and shall be accompanied with such fee, as may be prescribed.
(2) The competent authority shall, on receipt of an application in respect of any tree, issue an acknowledgement to the applicant, and after making inquiry, shall dispose of the application, within forty-five days of the receipt of such application, either giving permission to fell such tree or rejecting the application giving reasons therefor.
(3) Every permission to fell tree shall, granted under this Act, be in such form and subject to such conditions, including taking of security for undertaking plantation for trees, as may be prescribed :
Provided that in the case of tea garden such permission shall be subject to the condition that the sale proceeds be utilized strictly for the purpose of welfare of the labourers of tea garden on the basis of a specific scheme framed under the provisions of the Plantations Labour Act 1951 (69 of 1951).
### 7. Appeal.
(1) Subject to the provisions of sub-section (2), an appeal shall lie from every order of the competent authority under this Act to the appellate authority, to be appointed by the State Government.
(2) Every such appeal shall be preferred within thirty days from the date of communication of the order :
Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing it in time.
(3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, dispose of the appeal for reasons to be recorded in writing.
(4) The proceedings before the appellate authority shall be completed within a period of one month from the date of preferring appeal under sub-section (2).
### 8. Obligation to plant trees.
-Every person, who fells any tree, shall undertake plantation of such number of trees as may be prescribed, in place of every tree felled, in the same plot of and and tend such plantation for trees in accordance with the directions of the competent authority :
Provided that the competent authority may, for such reasons, as may be prescribed, to be recorded in writing, permit a lesser number of plantation for trees to be undertaken in a different plot or plots, or exempt any person from the obligation of such plantation :
Provided further that any person, unable to undertake plantations of trees, may deposit such amount of money, as may be prescribed considering the importance of trees, to the competent authority, facilitating the designated agency of the State Government to undertake plantation of trees for the trees felled.
### 9. Compulsory plantation for trees in certain cases.
(1) Every person or development agency or the benevolent activist or the entrepreneur or the promoter (hereinafter in this section called "developer") shall, as the case may be, intending to carry out development in the form of erection of high rise multiunit building or otherwise construction for the purposes of residential or commercial or industrial or institutional uses, as the case may be, on any plot or plots of land, undertake plantation for trees, in the prescribed manner and to the prescribed extent having regard to the total area of such plot or plots of land, in the same plot or plots of land as subject to such development.
Explanation I.- For the purposes of this sub-section, "development agency" includes any of the Government Department or any other body created under any Statute for the purpose of carrying out development works.
Explanation II.- For the purposes of this sub-section, -promoter" means a person who constructs or erects or causes to be constructed or erected a building or otherwise construction on a plot or plots of land for the purpose of transfer of such building by sale or gift or otherwise to any other person or to a company, cooperative society or association of persons and includes his assignee.
(2) The development, under sub-section (1), shall subject to sub-section (5), be carried out after obtaining the certificate of clearance, on an application in the prescribed form and the prescribed manner accompanied by such fee, as may be prescribed, from the competent authority :
Provided that the plantation shall be implemented within such period as may be specified in the certificate of clearance, before the development project is initiated.
(3) The application, under sub-section (2), shall be accompanied by such plan (in quadruplicate) (hereinafter called the "plantation plan") drawn on the prescribed scale as showing the proposed plantation in the prescribed manner and to the prescribed extent as well as the location of the proposed plantation within the area of the proposed building or otherwise construction on the same plot or plots of land.
(4) The competent authority may, after being satisfied on proper scrutiny of the plantation plan and completing the field inquiry, if necessary, that the proposed plantation of trees as shown in the plantation plan is in accordance with the provisions of this Act and the rules made thereunder, approve the plantation plan (in quadruplicate) under his signature with proper stamp and seal and shall issue the certificate of clearance in the prescribed Form :
Provided that the competent authority shall, before issuing the certificate of clearance under this sub-section, obtain the concurrence of the West Bengal Pollution Control Board.
(5) The authority, sanctioning the building or otherwise construction plan under the relevant Act, shall, before approving such plan, require the developer to produce before him both the certificate of clearance as issued and the plantation plan as approved under this Act and verify whether the proposed plantation as shown in the plantation plan is properly incorporated in the building or otherwise construction plan as submitted before him for approval. After being satisfied on verification, the sanctioning authority shall certify under his signature with stamp and seal on each copy of the building or otherwise construction plan as approved by him under the relevant Act, stating that this plan is compatible with the plantation plan so far as the proposed plantation is concerned.
(6) No building or otherwise construction plan, even if sanctioned under the relevant Act, shall be treated as valid if the same is not found compatible with the said plantation plan.
### 10. Implementation of directions.
- Every person who is to undertake plantation for trees under section 8, shall start preparatory work for plantation within sixty days from the date of permission or the date of receipt of direction, as the case may be, and shall undertake plantation for trees, in accordance with directions.
### 11. Penalty for felling of trees.
(1) Whoever fells or causes to be felled any tree or cuts, uproots or otherwise disposes of any fallen tree, in contravention of the provisions of section 4, or contravenes any condition of any permission granted under this Act, shall be punished with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both and until the plantation of requisite number of trees are undertaken, shall be fined for each day of default of fifty rupees.
(2) If any person, or development agency or the benevolent activists, or the entrepreneur of the promoter, as the case may be, fails to implement the plantation plan as approved under sub-section (4) of section 9, shall be punished with imprisonment which may extend to two years or with fine which may extend to ten thousand rupees or with both.
### 12. Previous sanction of the State Government necessary.
- No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the State Government or such officer or authority as may be authorized by the State Government by order in writing in this behalf.
### 13. Offence by firm, company, institution etc.
If the person committing an offence under this Act is a firm, a company, an institution or an association or body of individuals, the firm, the company. the institution or the association or the body of individuals as well as every person in charge of, and responsible to the firm, the company, the institution or the association or the body of individuals for the conduct of its business at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this section shall render such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
### 14. Forfeiture of timber etc.
(1) Where any person has been convicted of committing an offence of felling a tree, the timber of tree, and implements used for felling such tree, may be ordered by the Court to be forfeited to the State Government :
Provided that if the timber is found to have been disposed of, the Court may order an additional penalty of not exceeding five thousand rupees.
(2) Unless the Court otherwise directs, any timber or implements forfeited under sub-section (1), shall be disposed of by the competent authority in such manner as may be prescribed.
(3) Such forfeiture may be in addition to any other punishment specified in this Act for such offence.
### 15. Power of seizure.
(1) When there is reason to believe that any tree has been felled, cut or removed in contravention of the provisions of this Act, the wood of such trees, together with the boat, vehicle, carrier or cattle, if any, used for felling, cutting or removing of such tree, may be seized by any Forest Officer not below the rank of a Forest Ranger or any Police Officer not below the rank of a Sub-Inspector or any other officer empowered in this behalf by the State Government.
(2) Every seizure made under sub-section (1) shall be reported to the Magistrate having jurisdiction to try the offence on account of which such seizure has been made and the wood of such trees, together with boat, vehicle, carrier or cattle shall, subject to the order of such Magistrate. be disposed of in such manner as may be prescribed.
### 16. Compounding of offence.
(1) Any offence, which has been committed and is punishable under this Act, may either before or after institution of the prosecution, be compounded by such officer, and for such amount not exceeding ten thousand rupees, as the State Government may by notification in the Official Gazette, specify :
Provided that such net present value of timber, as may be prescribed by rules considering the importance of timber, may also be recovered from the offender.
(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of such offence and the property seized under this Act shall be released.
(3) The compounding of an offence under sub-section (1) shall be allowed only in respect of the first offence committed by any person and no such compounding shall be made for any subsequent offence committed by the same person.
### 17. Power to prevent commission of offence.
(1) It shall be the duty of every Forest Officer, Gram Panchayat Secretary, Gram Panchayat Karma Sahayak, Krishi Praiukti Sahayak, Gram Sevak, Revenue Inspector, officer dealing with environmental protection or Police personnel to make efforts to prevent any contravention of section 4 and section 9 and to report to his superior officer, in such manner as may be prescribed, of such contravention or preparation to commit such contravention.
(2) The superior officer so informed shall inform the competent authority of such commission or probable commission of offence.
(3) The competent authority shall take all reasonable measures in his power to prevent such contravention which he has reason to believe that it is likely to be committed.
### 18. Officers to be public servant.
The officers, exercising any powers, or discharging any duties or functions, under this Act shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
### 19. Execution of order for payment.
The amount of composition of an offence, the payment of which has been directed to be made by any person under this Act shall, without prejudice to any other mode of recovery under any law for the time being in force, be recoverable from him as an arrear of land revenue.
### 20. Bar on proceedings.
No suit, prosecution or other legal proceedings shall lie against the State Government or against any officer or against any designated agency of the State Government empowered to exercise power or to perform duties or to discharge functions under this Act, for anything which is in good faith done or intended to be done under this Act.
### 21. Exemption.
(1) Subject to such conditions, if any, as may be imposed, the State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette, exempt any area or any species of tree or a specified number or trees of any species from all or any of the provisions of this Act.
(2) Notwithstanding anything contained in sub-section (1), permission of competent authority shall be obtained for felling of trees specified in the Schedule.
### 22. Provision of this Act to be in addition to other Law.
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force prohibiting or regulating the felling of trees.
### 23. Power of State Government for preservation of trees.
(1) The State Government may, in the interest of public, declare by notification, that any class or classes of tree shall not be felled for such period as is specified in that notification.
(2) The management of such trees shall be regulated in such manner as may be prescribed.
### 24. Power to make rules.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters :-
(a) the Form in which and the authority to whom an application for felling tree shall be made;
(b) the Form in which the permission, if any, shall be granted to the applicant;
(c) any other matter necessary for proper implementation and enforcement of this Act.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
### 25. Overriding effect
-The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
### 26. Power to amend Schedule.
(1) The State Government may, by notification, amend the Schedule.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before the State Legislature.
Schedule
----------
Permission mandatory for felling
(See section 21)
### 1. Acacia catechu (Khair) ###
2. Bombax ceiba (Simul) ### 3. Dalbergia sissoo (Shishu) ###
4. Diospyros melanoxylon (Kend/Kendu/Tendu)
### 5. Gmelina arborea (Gamar) ###
6. Madhuka indica (Mahua) ### 7. Michelia champaka (Champ) ###
8. Shorea robusta (Sal) ### 9. Swietenia mahogony (Mahogony) ###
10. Tectona grandis (Teak/Segun)
### 11. Mangrove trees .
|
65b95798ab84c7eca86e8e6b | acts |
State of Bihar - Act
----------------------
Bihar Development of Ayurvedic and Unani Systems of Medicine (Condition of Service of Officers and Servants) Regulations, 1965
--------------------------------------------------------------------------------------------------------------------------------
BIHAR
India
Bihar Development of Ayurvedic and Unani Systems of Medicine (Condition of Service of Officers and Servants) Regulations, 1965
================================================================================================================================
Rule BIHAR-DEVELOPMENT-OF-AYURVEDIC-AND-UNANI-SYSTEMS-OF-MEDICINE-CONDITION-OF-SERVICE-OF-OFFICERS-AND-SERVANTS-REGULATIONS-1965 of 1965
------------------------------------------------------------------------------------------------------------------------------------------
* Published on 23 August 1965
* Commenced on 23 August 1965
Bihar Development of Ayurvedic and Unani Systems of Medicine (Condition of Service of Officers and Servants) Regulations, 1965
Published vide Bihar Government Health Department Notification No. Indm (H) R-2-103/65-1527(5)-H, dated 23.8.1965, published in Bihar Gazette, Part 2, dated 22.11.1965
### 1. Short title.
- These regulations may be called the Bihar Development of Ayurvedic and Unani Systems of Medicine (Condition of Service of Officers and Servants) Regulations, 1964
### 2. Salaries, Allowances and other conditions of service of officers and servants of the Bihar State Council of Ayurvedic and Unani Medicines.
- All questions of pay, allowance, promotions, leave, pension and provident fund relating to the officers and servants other than the Registrar of the State of Ayurvedic and Unani Medicines shall be governed by rules applicable to the servants of the State Government of similar status.
|
65b91dd8ab84c7eca86e856d | acts |
State of Uttar Pradesh - Act
------------------------------
The United Province Revenue Officers Regulation, 1803
-------------------------------------------------------
UTTAR PRADESH
India
The United Province Revenue Officers Regulation, 1803
=======================================================
Act 38 of 1803
----------------
* Published on 24 March 1803
* Commenced on 24 March 1803
The United Province Revenue Officers Regulation, 1803
(Bengal Regulation No. 38 of 1803)
Short title given by Act 1 of 1903, Section 2.
[Passed by the Governor-General-in-Council on the 24th March, 1803]
A Regulation for preventing the embezzlement of Public Money and the withholding of Public Papers by [\* \* \*] Officers of Government in the [Provinces]
[The word 'Provinces' shall stand unmodified vide A.L.O. 1950.]
ceded by the Nawab Wazir to the Honourable the English East India Company.
### 1. Preamble.
- It being necessary that the Collectors should posses the means of recovering the public dues and papers from [tahsildar]
[The word 'tahsildar' repealed by Act XII of 1876, but re-inserted for the word 'Oudh' by Act XVIII of 1876, Section 3 (e) .]
, sazawals, amins and other \* \* \* officers withholding the public money, or omitting to attend the Collectors to adjust their accounts, or retaining papers which came into their possession in their official capacity the Governor-General-in-Council has/passed the following rules.
### 2. First : Collectors to take security for personal appearance of certain officers. - The Collectors are to take security for the personal appearance of [tahsildars]
[The word 'tehsildars' repealed by Act XII of 1876.]
sazawals, amins, diwans, sarrishtadars, munshis, muharrirs, and all [\* \* \*]
[The word 'Native' omitted by the A.L.O. 1950.]
officers entrusted with the receipt or payment of public money or the charge of public accounts, who now are, or may be hereafter, employed under them in their capacity of Collectors of the Revenue.
The surety is to bind himself to produce the officer for whom he may become security before the Collector, whenever his attendance may be required until he shall be discharged from the public service, and shall have received a writing from the Collector signifying that he has no demand upon him on the part of [Government]
[Substituted by the A.L.O. 1950 for 'the Crown'.]
either for money, papers or account belonging to the public, that may have been committed to him or come into his possession in his official capacity and further, that in the event of his not producing such officer, he will be responsible for all demands that the Collector may have upon him for public money, papers or accounts, and be liable to be proceeded against in every respect in the same manner as the officer himself had he been forthcoming.
When any such officer is removed or resigns, the Collector is to grant him an acquittal to the above effect, after he shall have delivered up all public papers, accounts or money that may have been committed to his charge.
The Collectors may require such officers to give new sureties, in cases in which they may have ground to believe that the former sureties whether admitted by themselves or their predecessors, are not responsible.
Second : The responsibility of the sureties of tahsildars extends to the several cases provided for in this Regulation.]
### 3. Collectors how to proceed to recover public money or accounts in possession of officers.
- If a Collector shall have a claim on the part of [Government]
[Substituted by the A.L.O. 1950 for 'the Crown'.]
, on any of the [\* \* \*] [[Repealed by Act XII of 1876. The original second clause read as follows:
'Second. The security which the tahsildars appointed under Reg. XXVII of 1803. are required to give by clause seventh, Section II of that Reg., preclude the necessity or demanding any further security from tahsildars of the above description under the present Reg. The responsibility of the surities of such tahsildars is accordingly declared to extend to the several cases provided for in this Reg.']] officers described in the preceding section, for a balance of accounts, or money or papers belonging to [Government]
[Substituted by the A.L.O. 1950 for 'the Crown'.]
as he is to require the payment of the money or the delivery of the papers, by a writing under his official seal and signature, and the signature of his Diwan or other head [\* \* \*] [[Repealed by Act XII of 1876. The original second clause read as follows:
'Second. The security which the tahsildars appointed under Reg. XXVII of 1803. are required to give by clause seventh, Section II of that Reg., preclude the necessity or demanding any further security from tahsildars of the above description under the present Reg. The responsibility of the surities of such tahsildars is accordingly declared to extend to the several cases provided for in this Reg.']] officer of his daftar for the time being, specifying the amount of the money, or the particular papers required, and the date and place that may be fixed for the delivery of the money or papers.
If the officer shall not discharge the money or deliver up the papers by the limited time, the Collector is empowered to apprehend him, and convey him to the gaol of the [Divani Adalat of the Zila, the Judge of which Court shall detain him]
[In Oudh, read District, where he shall be detained, please see Act XVII of 1876, Section 3(e) .]
in confinement until the sum demanded of him shall be discharged, or shall have delivered up the papers.
The Collector is authorized, likewise, to attach such part of the [real or personal]
[In oudh, read 'moveable or immoveable', please see Act X VIII of 1876; see 3 (e) .]
property belonging to the officer as may be sufficient to make good the sum which may be due from him.
If his property shall be in another zila, he is to apply to the Collector of that Zila, who shall cause it to be attached.
If the property shall be situated within any other jurisdiction, the Collector is to apply to the Judge of the zila, through the vakil of [Government]
[Substituted by the A.L.O., 1950 for 'the Crown' which had been Substituted by the A.L.O. 1987 for 'Government'.]
, to make application to the Judge of such jurisdiction to attach and deliver it into the charge of the nearest Collector.
[The [(State Government)]
[The words 'The Local Government' is Substituted for the Board of Revenue by U.P. Act XII of 1927 Section 2 & Scheduled.]
is] empowered to roder the property to be sold under the rules by which the lands of proprietors are directed to be disposed of for the discharge of arrears of revenue.
In the event of the death of any such officer, the surety is to be exonerated from all responsibility, and the Collector is to proceed against his heirs by a regular suit in the Court to which they may be amenable, for any claims which [Government]
[Substituted by the A.L.O., 1950 for 'the Crown' which had been Substituted by the A.L.O. 1987 for 'Government'.]
may have upon the deceased.
[The suit is to be carried on by the vakil of [Government]
[Bengal Reg. XVII of 1803 as was unrepeated at the time of N.W.P. Land Revenue Act, 1873 (Act XIX of 1873), was passed was repealed by Section 2 of that Act in the Provinces of Agra.]
and at the public expense, [and the rules in Regulation XXVII, 1803]
[The words 'The Local Government' is Substituted for the Board of Revenue by U.P. Act XII of 1927 Section 2 & Scheduled.]
, regarding suits so carried on by the Collectors, are to be held applicable to it].
### 4. Procedure where officers abscond or are not forthcoming.
- If any such [\* \* \*]
[The word 'Native' omitted by the A.L.O. 1950.]
officers who may have retained public money or papers in his possession shall abscond or not be forthcoming, the Collector may proceed against the surety upon his engagement, or apprehend the offender and commit him to prison, if he be within the limits of the zila;
or if he shall have taken refuge in any other zila, and the Collector shall deem it necessary to require his personal attendance that he may proceed against him instead of his surety, the Collector is to apply to the Judge of the zila to request the Judge within whose jurisdiction the officer may be or reside, to cause him to be apprehend.
The Judge to whom the application may be made is to convey the officer in safe custody to the gaol of the zila from which he may have absconded.
### 5. Procedure where officer absconds without having adjusted his accounts, or refuse to attend for that purpose.
- If a Collector shall have occasion to require any such officer to attend to adjust his accounts, that the sum due from him may be ascertained, and he shall not attend upon being required by writing to that effect, under the official seal and signature of the Collector, to be fixed up in his kachahri and at the place in the zila at which the officer may have last resided, the Collector is empowered to prepare the most accurate statement that he may be able of the money or papers in the possession of such officer, and proceed against the surety, upon his engagement, for the balance or papers in the same manner as if the accounts had been adjusted, and the list of the papers prepared in the presence of the officer,
or he may cause the officer to be apprehend by his own authority under section 3, if he be within the limits of the zila, or, if he shall have taken up his abode in any other zila or jurisdiction, by application to the Judge, in the manner directed in section 4.
If it should afterwards appear, upon inquiry before the Court that no part, or a portion only, of the sum demanded was due from him or that the papers required were not in his possession, the Collector shall not be liable to pay any damagers for having confined him, and all costs that may be incurred in the suit or inquiry shall be paid by the officer.
### 6. Officers or sureties confined for demand of money when to be released.
- If any such officer or his surety shall be confined on account of a claim for public money, and previous to the sale of his property, or, supposing the Collector not to have been able to get possession of any property belonging to him, at any lime subsequent to his confinement, shall deny the justness of the whole or any part of the demand made upon him by the Collector, and find some responsible person who will become surety that he will institute a suit in the Court in fifteen days against the Collector to try the demand, and to pay the sum that may be awarded against him with costs and interest at the rate of twelve per cent from the date on which the sum may be demanded of him to the date of decree, the Court is to discharge the officer or surety and proceed to the trial of the suit;
and, if any property belonging to the officer or surety shall have been ordered to be sold, the sale shall be countermanded, and the property restored to the owner.
### 7. Officers or their sureties may sue Collector whilst in confinement.
- If any such [\* \* \*]
[Omitted by the A.L.O. 1950.]
officer or his surety shall be committed to custody by the Collector, and shall not obtain his release in the mode specified in section 6, he shall nevertheless be at liberty, whilst in confinement, to sue the Collector by whom he may have been confined, should he deem the demand upon him unjust.
[8. Collectors to appoint authorized vakil to defend suits. - The Collectors are to appoint one of the authorized vakils of the Courts to defend any suits which may be instituted against them by any such [\* \* \*]
[In Oudh, Section 8 is repealed, See Act XVIII of 1876.]
officers or their heirs or sureties, under this Regulation; and all the rules in [Regulation XXVII, 1803]
[Repealed by Section 2 of that Act in the Agra Province.]
, regarding suit instituted against the Collector for sums demanded or received by him on behalf of [Government]
[Substituted by the A.L.O., 1950 for 'the Crown' which has been Substituted by the A.L.O., 1937 for 'Government'.]
are to be considered applicable to such suit.]
|
65b9c5d7ab84c7eca86e9ee7 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Admission of Pupils in Schools and Change in Date of Birth Entries Rules, 1963
-----------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. Admission of Pupils in Schools and Change in Date of Birth Entries Rules, 1963
=========================================================================================
Rule THE-M-P-ADMISSION-OF-PUPILS-IN-SCHOOLS-AND-CHANGE-IN-DATE-OF-BIRTH-ENTRIES-RULES-1963 of 1963
----------------------------------------------------------------------------------------------------
* Published on 15 May 1964
* Commenced on 15 May 1964
The M.P. Admission of Pupils in Schools and Change in Date of Birth Entries Rules, 1963
Published vide Notification No. 7513-2963-20-2, M.P. Rajpatra, Part 4-(Ga) dated 15th May, 1964, p. 124
Notification No. 7513-2963-XX-2. - The State Government in supersession of all rules, orders and instructions previously made or issued on the subject, hereby makes the following rules for the admission of pupils in schools and change in date of birth entries-
### 1. Short title.
- These rules may be called The Madhya Pradesh Admission of Pupils in Schools and Change in Date of Birth Entries Rules, 1963.
### 2. Definitions.
- In these rules unless the context otherwise, requires-
(a) "Approved school" shall have the meaning assigned to it under the Madhya Pradesh Primary Education Act, 1961;
(b) "Competent Authority" means the District Educational Officer in case of Primary or Middle School not attached to Higher Secondary School and in other cases the Divisional Superintendent of Education;
(c) "Recognised school" shall have the meaning assigned to it under the Madhya Pradesh Secondary Education Act, 1959.
First Admission
### 3. When a child is admitted for the first time to any recognised school, the father or guardian of the pupil should, where possible accompany him and declare in writing in the application in the form appended to these rules the date of birth of the pupil giving the date, month and year according to the English calender; and also that the child has never before attended any recognised school. If he has no horoscope or other proof of date of birth, he I may declare the age of the pupil in years, months and days on which the date of birth will be calculated according to English Calender where it is not possible for the parent or guardian to accompany the child, a person authorised in that behalf in writing will do so.
Date of Birth Entries
### 4. The date of birth as ascertained under Rule I shall be entered in the Admission Register under the signature of the head of the institution. In all other cases of transfers the date of birth entered in the Admission Register shall be that shown on the transfer or migration certificate or in other documents of the school.
### 5. No change in the entry of pupil's date of birth shall be made in any recognised institution without the sanction of the competent authority.
Notes 1. - Care should be taken to see that the declaration forms regarding date of birth are signed by duly authorised persons. When the father is alive, he is ordinarily the proper person to sign the declaration. If he is not alive or cannot be referred to the status of the "Guardian" or such other person as may be called on to sign should be investigated. The person with whom the pupil is living is not necessarily a fit and proper person to sign the declaration, when the parent or guardian is illiterate his thumb-impression shall be taken on the declaration form and attested by a responsible person. It shall be the responsibility of the head of the institution to ascertain the date of birth as correctly as possible.
### 2. No over-writing in the entries of date of birth in the application forms, Admission registers and transfer or migration certificates shall be allowed. Corrections, if any, may be attested with full signature. ###
3. The inspecting authorities shall check the declarations and the Admission Registers during their visits.
### 4. In order that parent or guardian may get adequate opportunity to change the date of birth of his son or ward, if it were incorrect, the date of birth as entered in the Admission Register may be mentioned in the progress report of the pupil which is sent by the head of the institution to the parent or the guardian and he/she be required to note the date of birth while signing the reports. Any enquiry from the parent or guardian as to the date of birth entered in the school records should be duly answered by the school. Correction or alteration in date of birth entries
### 6. If a parent or guardian finds the date of birth so declared inconsistent with the date entered in the school record, progress report or school certificates he/she shall send to the head of the institution an application explaining the incorrectness. In the case of clerical error the head of institution shall correct the entries according to the original declaration of the parent or guardian under his signature and inform the parent/guardian accordingly.
### 7. If a change in the original declaration or entry in school record is desired, the parent or guardian shall send to the head of the institution an application containing sufficient evidence of the incorrectness of the original entry and an adequate explanation of the reasons for the mistake along with the documents given below-
(1) Horoscope or other document if available.
(2) Certified copy of Municipality/Panchayat/Police/Hospital/ Maternity Home/Primary Health Centre record.
or
a medical certificate signed by the Civil Surgeon of the District in which the pupil resides or in which the school is situated. The certificate shall include (a) a statement of age in years and months claimed to be correct together with (b) a statement that he has examined the pupil (whose marks of identification or signature are given) and that the age so stated appears to him approximately correct.
(3) Affidavit sworn by the parent or guardian before a First Class Magistrate regarding the change required and the correct birth dates of each living or dead child born of the same mother.
(4) Certificates from two respectable persons not related to the candidate regarding the knowledge of the correct date of birth of the pupil.
(5) Copy of Treasury Challan crediting the fee of Rs. 6 in the Government Treasury.
Authority competent to order alteration in date of birth
### 8. This application shall be sent by the head of the institution to the District Educational Officer, if the school in which the pupil is enrolled is a Primary or Middle School not attached to Higher Secondary School; and in other cases to the Divisional Superintendent of Education concerned upto the 1st January of the year in which the pupil is due to appear at the final examination of the Higher Secondary School.
### 9. The Officer concerned shall investigate the evidence produced and if there are strong grounds adduced to show how an incorrect entry was made at the time of admission of the pupil to the school; provided that adequate documentary evidence is produced in support of the change, shall order the change to be effected in the school records and inform the parent or guardian accordingly.
### 10. After first January as stated in Rule 8 above, no change shall be permissible except in special cases in which the State Government is satisfied about the reasonableness of the case. In such cases applications for change in the date of birth or correction of erroneous entries with the required documents may be entertained by the State Government, even after the issue of the school certificates by the Board. The orders of the State Government will be conveyed to the Board of Secondary Education for effecting correction, if any, in the Board certificate. Such applications should be submitted to Government through proper channel, i.e. through Divisional Superintendent Education and D.P.I.
### 11. The tendency to get change in the date of birth on the eve of entering Service or Technical Training or appearing for some competitive examination etc. should be checked.
### 12. The Board of Secondary Education, Madhya Pradesh, may entertain the cases of clerical error which might have occurred in writing the nomination rolls before the issue of certificate to examinees.
### 13. The State Government may call for and examine the record of any case pending before or disposed of by a competent authority acting in the exercise of any power conferred by or under the rules and may pass such orders as it thinks fit.
Form of Application for Admission to a Recognised Institution
To,
The Principal/Headmaster/Headmistress
School..................
I request the favour of your admitting my son/daughter/ward named...............in.............. class of your school from........ session. The required particulars about him are given below-
(i) Full name of the student.
(ii) Father's name and occupation.
(iii) Date of birth by Christian era.
(a) In figures.
(b) In words.
(iv) If a member of Scheduled Caste or Scheduled Tribes, please give details.
(v) Mother tongue.
(vi) Length of residence in Madhya Pradesh.
(vii) Name of last institution in which he studied.
(viii) Address of parent/guardians.
### 2. I hereby "submit his last school leaving certificate" declare that he has hitherto attended no recognised school and also that the date of birth given above, is to the best of my belief correct, and that it accords with that given in the.horoscope/the Municipal/Hospital/Kotwar's birth record/other record. .............................
Signature of Parent/Guardian
Dated..........
Certified that the above entries were read out and explained to me and I confirm their correctness.
.....................
Signature of witness
.........................
Thumb-impression of parent or Guardian if illiterate.
Score out which is not required.
Note-No over-writing in the entries of dates of birth in this form shall be allowed. Corrections if any, may be attested with full signature.
|
65b8f59cab84c7eca86e80f7 | acts |
State of Karnataka - Act
--------------------------
The Mythic Society (Dissolution and Management) Act, 1976
-----------------------------------------------------------
KARNATAKA
India
The Mythic Society (Dissolution and Management) Act, 1976
===========================================================
Act 20 of 1976
----------------
* Published on 24 January 1976
* Commenced on 24 January 1976
The Mythic Society (Dissolution and Management) Act, 1976
(Karnataka Act
No. 20 of 1976
)
Last Updated 20th December, 2019
Statement of Objects and Reasons - (Act
20 of 1976
). - The Mythic Society, Bangalore was a body registered under the Societies Registration Act and founded in 1909. It was formed for promoting the study and research in Indology, Archeology, Anthropology, Architecture, Art, Ethnology and allied subjects in the State of Karnataka. The Society acquired a good library, a number of rare and valuable manuscripts and literary works which are of immense value for the promotion of its objects. These were being made use of by the members of the Society and the public who are interested in the subjects mentioned above. Among the eminent persons who were associated with the Society either as office bearers or otherwise were Dr. Morris Traverse, Rev. Fr. A.M. Tabard, Rao Bhadur M. Shama Rao, Dewam Sir Mirza Ismail, Dewan Sri. N. Madhava Rao, Sri. C.V. Raman, Dr. A. Ramaswamy Mudaliar, Prof. A.R. Wadia and Sir M. Visveswaraiah. The Society was granted a free site in January 1916 by the then Government subject to certain conditions. A State grant of Rs. 10,000 towards construction of the building for the Society was also made at the same time. It was with this that the building in which the Society was housed was built.
Of late the management of the Society fell into disarray. Portions of the land granted to it by the State Government were alienated to others for purposes unconnected with the Society. The safety of the rare collections also was endangered. The original objectives of the Society were not being adhered to. Public interest for the promotion of which the Society was founded would be in jeopardy if such activities were not checked. The matter being urgent and the State Legislature was not in session the Mythic Society (Dissolution and Management) Ordinance, 1975 was promulgated.
This Bill is to replace the said ordinance.
(Obtained from LC Bill No. 4 of 1976 published as notification No. 11195/LC dated 24.1.1976.)
(First Published in the Karnataka Gazette Extraordinary on the Eleventh day of March, 1976.)
(Received the assent of the Governor on the Eighth day of March, 1976)
An Act to dissolve the Mythic Society and to provide for its management.
Whereas the Mythic Society is a society registered under the Societies Registration Act with the objects to promote the study of and to stimulate research in Anthropology, Archeology, Architecture, Art, Ethnology, Folklore, History, Mythology, Philosophy, Religion and other allied subjects in the State of Karnataka ;
Whereas there are rare and valuable manuscripts and volumes relating to the aforesaid subjects in the said Society's library ;
Whereas the State Government has granted to the said Society free of cost a valuable site in Nrupathunga Road, Bangalore City and also financial assistance from time to time for construction of building, purchase of furniture and other purposes ;
Whereas the affairs of the said Society are not managed in its best interest and the objects of the Society have thereby suffered ;
Whereas it is necessary to provide for carrying on of the said objects and for this purpose dissolve the said Society and establish a Board ;
Be it enacted by the Karnataka State Legislature in the Twenty-seventh year of the Republic of India, as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Mythic Society (Dissolution and Management) Act, 1976.
(2) It shall be deemed to have come into force on the third day of November, 1975.
### 2. Definitions.
- In this Act, unless the context otherwise requires ,-
(a) 'appointed day' means the date of commencement of this Act ;
(b) 'Board' means the Board of Management of the Mythic Society ;
(c) 'Chairman' means the Chairman of the Board ;
(d) 'member' means a member of the Board ;
(e) 'Secretary' means the Secretary of the Board ;
(f) 'Society' means the Mythic Society, Bangalore having its head office at Nrupathunga Road, Bangalore - 2 deemed to be registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act
17 of 1960
).
### 3. Establishment and incorporation of the Board.
(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint, there shall be established for the purposes of this Act, a Board to be known as the Board of Management of the Mythic Society.
(2) The Board shall be a body corporate, having perpetual succession and common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of properties and to contract and may by that name sue or be sued.
(3) Notwithstanding anything contained in sub-section (2), the Board shall not, except with the previous approval of the State Government, sell or otherwise dispose of any property belonging to it.
### 4. Constitution of the Board.
(1) The Board shall consist of not more than eleven members to be nominated by the State Government, of whom not less than three shall be persons possessing special knowledge in Anthropology, Archeology, Architecture, Art, Ethnology, Folklore, History, Mythology, Philosophy or Religion.
(2) The State Government shall appoint one of the members to be the Chairman of the Board.
(3) The Chairman shall, with the previous approval of the State Government, appoint a person to be the Secretary.
### 5. Resignation from office of a member.
- A member of the Board may resign from office by giving notice to the State Government.
### 6. Term of office and casual vacancy.
(1) Every member shall hold office for a period of three years.
(2) A casual vacancy in the office of a member shall be filled by fresh nomination by the State Government and the new member so nominated shall hold office only for the remainder of the term for which the member whose place he fills was nominated.
### 7. Powers of the Board.
- The Board shall exercise the following powers and perform the following duties, namely:-
(a) maintain and manage the Mythic Society, Bangalore with a view to promote the study of Anthropology, Archaeology, Architecture, Art, Ethnology, Folklore, History, Mythology, Philosophy, Religion and other allied subjects ;
(b) provide for studies and research in the aforesaid ;
(c) help in producing and publishing books in order to facilitate the carrying out of the objects specified in clause (a) ;
(d) receive gifts, donations or benefactions from Government and receive bequests, donations and transfer of movable or immovable properties from trustees, donors, transferors, as the case may be ;
(e) deal with any property belonging to or vested in the Board in such manner as it may deem fit for advancing the objects specified in clauses (a) to (d) ;
(f) do all such things as may be necessary or incidental or conducive to the attainment of all or any of the objects specified in clauses (a) to (e).
### 8. Dissolution and transfer of property of the Society.
(1) As from the appointed day the Mythic Society, Bangalore, a Society deemed to be registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act
No. 17 of 1960
) shall stand dissolved and all property, movable and immovable, and all rights, powers and privileges of the Society which immediately before the appointed day belonged to or were vested in the said Society shall vest in the Board and shall be applied for the purposes for which the Board is constituted.
(2) As from the appointed day all debts and liabilities of the said Society shall stand transferred to the Board and thereafter be discharged and satisfied by the Board.
(3) Any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequests, gifts, or trust in favour of the said Society shall as from the appointed day, be construed as if the Board were therein named instead of the said Society.
(4) Any person who on the appointed date has in his possession or custody or under his control any property and any document relating thereto which has vested in the Board shall be liable to account for such property or document to the Board and shall deliver it up to the Chairman or to any other person authorised by him.
(5) It shall be lawful for the Chairman or such person to take all necessary steps for securing possession of all the properties and documents relating thereto which have vested in the Board.
### 9. Creation of the Board Fund.
- The Board shall, in accordance with the rules made by the State Government in this behalf, create and maintain a fund to be called the Mythic Society Fund into which all receipts and income of the Board shall be paid and out of which all expenses and disbursements of the Board shall be met. The said fund shall be operated by the Chairman or by such other person as he may authorise.
### 10. Powers of the State Government to give direction.
- The State Government may give to the Board such direction as it deems fit and necessary and the Board shall carry out those directions.
### 11. Board Budget.
(1) The Board shall frame a budget for every financial year and submit it to the State Government for approval.
(2) The State Government may approve with or without modifications.
### 12. Power to supersede the Board.
(1) If the State Government is of the opinion that the Board is unable to perform or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, the State Government may, by notification in the official Gazette, supersede the Board for such period as may be specified in the notification :
Provided that before issuing a notification under this sub-section, the Board shall be given a reasonable opportunity to make its representation why it should not be superseded.
(2) Upon the publication of the notification under sub-section (1) superseding the Board,-
(a) all the members of the Board shall, as from the date of supersession vacate their offices as such members ;
(b) all the powers and duties which may, by or under the provisions of this Act be exercised and performed by the Board, be exercised and performed by such person or persons as the State Government may direct; and
(c) all property vested in the Board shall, during the period of supersession vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may,-
(a) extend the period of supersession for such further term as it may consider necessary ; or
(b) reconstitute the Board in the manner provided in section 4.
### 13. Power to make rules.
- The State Government may, by notification in the Official Gazette, make rules to carry out the objects of this Act.
### 14. Power of Board to make regulations.
- The Board may, with the previous approval of the State Government, make regulations not inconsistent with the provisions of this Act, for all or any of the following purposes, namely:-
(a) the manner in which meetings of the Board shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings ;
(b) the manner in which the majority decision of the Board shall be obtained by circulation to the members of the matter requiring decision ;
(c) the appointment of such officers and servants as may be necessary for the purpose of carrying out the objects specified in section 7 and their terms and conditions of service.
### 15. Repeal of Karnataka Ordinance No. 18 of 1975.
(1) The Mythic Society (Dissolution and Management) Ordinance, 1975 (Karnataka Ordinance No. 18 of 1975) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
|
65b987c3ab84c7eca86e9517 | acts |
State of Punjab - Act
-----------------------
Punjab Reservation for the Offices of Mayors of Municipal Corporations Rules, 2017
------------------------------------------------------------------------------------
PUNJAB
India
Punjab Reservation for the Offices of Mayors of Municipal Corporations Rules, 2017
====================================================================================
Rule PUNJAB-RESERVATION-FOR-THE-OFFICES-OF-MAYORS-OF-MUNICIPAL-CORPORATIONS-RULES-2017 of 2017
------------------------------------------------------------------------------------------------
* Published on 17 October 2017
* Commenced on 17 October 2017
Punjab Reservation for the Offices of Mayors of Municipal Corporations Rules, 2017
Published vide Notification No. G.S.R.51/P.A. 42/1976/S.6-A/2017, dated 17.10.2017
Government of Punjab
Department of Local Government
No. G.S.R.51/P.A. 42/1976/S.6-A/2017. - In exercise of the powers conferred by section 6-A of the Punjab Municipal Corporation Act, 1976 (Punjab Act
No. 42 of 1976
), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to regulate the reservation for the offices of Mayors of Municipal Corporations in the State of Punjab, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Punjab Reservation for the Offices of Mayors of Municipal Corporations Rules, 2017.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Punjab Municipal Corporation Act, 1976 (Punjab Act
42 of 1976
);
(b) "Director" means the Director, Local Government, Punjab;
(c) "Register" means a register maintained by the Director indicating the roster points as per the Schedule;
(d) "Schedule" means a Schedule appended to these rules;
(e) "section" means a section of the Act; and
(f) "specified date" in relation to an election for a Corporation for the purposes of these rules, means,-
(i) in the case of expiry of duration of a Corporation as provided under sub-section (1) of section 7, the date of such expiry;
(ii) in the case of dissolution of a Corporation, the date of the expiry of six months from the date of such dissolution as provided in clause (b) to sub-section (3) of section 7; and
(iii) in the case of a newly constituted Corporation, the date of the expiry of six months of its being notified as a Corporation, as provided under sub-section (4) of section 7.
(2) The expressions used but not defined in these rules, shall have the same meanings as assigned to these expressions in the Act or shall be construed in the same sense as they are construed in the Act.
### 3. Reservation for the Offices of Mayors.
(1) For the implementation of reservation in the offices of Mayors of Corporations a Schedule indicating the running roster points for reservation for the members of Scheduled Castes, Backward Classes and Women including the women belonging to Scheduled Castes is appended to these rules.
(2) The offices of Mayors of Corporations shall be reserved by rotation with reference to the specified dates as under: -
(i) the offices occurring at roster point numbers, 10, 36, 54, 77 and 93 to the members of Scheduled Castes;
(ii) the offices occurring at roster point numbers 17, 43, 64, 85 and 96 to women, including women belonging to the Scheduled Castes; and
(iii) the offices occurring at roster point numbers 24 and 81 to the members of the Backward Classes.
(3) The Register shall be authenticated by the Director.
(4) The names of Corporations in the order of the specified dates against the roster points mentioned in the Schedule shall be clearly indicated in the register.
Provided that where the specified date is the same in respect of more than one Corporation, the names of Corporations shall be entered in the Register in alphabetic order of English against the roster points in accordance with the Schedule.
(5) On the exhaustion of hundred roster points as indicated in the Schedule, the roster points shall be rotated in the order these are specified in the said Schedule.
### 4. Repeal and savings.
- The reservations for the offices of Mayors of Corporations Rules, 1996 are hereby repealed:
Provided that any order made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules:
Provided further that such repeal shall not affect the previous operation of the rules so repealed.
Schedule
----------
[See rules 2(1) (d) and rule 3]
Register Showing Offices of Mayors Reserved for Scheduled Castes, Women and Backward Classes
| | | | |
| --- | --- | --- | --- |
|
Roster Point Number
|
Offices of Mayors Reserved for Scheduled Castes, Women and
Backward Classes
|
Due date of election
|
Name of the Corporation
|
|
1
|
Open
|
|
|
|
2
|
Open
|
|
|
|
3
|
Open
|
|
|
|
4
|
Open
|
|
|
|
5
|
Open
|
|
|
|
6
|
Open
|
|
|
|
7
|
Open
|
|
|
|
8
|
Open
|
|
|
|
9
|
Open
|
|
|
|
10
|
Scheduled Castes
|
|
|
|
11
|
Open
|
|
|
|
12
|
Open
|
|
|
|
13
|
Open
|
|
|
|
14
|
Open
|
|
|
|
15
|
Open
|
|
|
|
16
|
Open
|
|
|
|
17
|
Women
|
|
|
|
18
|
Open
|
|
|
|
19
|
Open
|
|
|
|
20
|
Open
|
|
|
|
21
|
Open
|
|
|
|
22
|
Open
|
|
|
|
23
|
Open
|
|
|
|
24
|
Backward Classes
|
|
|
|
25
|
Open
|
|
|
|
26
|
Open
|
|
|
|
27
|
Open
|
|
|
|
28
|
Open
|
|
|
|
29
|
Open
|
|
|
|
30
|
Open
|
|
|
|
31
|
Open
|
|
|
|
32
|
Open
|
|
|
|
33
|
Open
|
|
|
|
34
|
Open
|
|
|
|
35
|
Open
|
|
|
|
36
|
Scheduled Castes
|
|
|
|
37
|
Open
|
|
|
|
38
|
Open
|
|
|
|
39
|
Open
|
|
|
|
40
|
Open
|
|
|
|
41
|
Open
|
|
|
|
42
|
Open
|
|
|
|
43
|
Women
|
|
|
|
44
|
Open
|
|
|
|
45
|
Open
|
|
|
|
46
|
Open
|
|
|
|
47
|
Open
|
|
|
|
48
|
Open
|
|
|
|
49
|
Open
|
|
|
|
50
|
Open
|
|
|
|
51
|
Open
|
|
|
|
52
|
Open
|
|
|
|
53
|
Open
|
|
|
|
54
|
Scheduled Castes
|
|
|
|
55
|
Open
|
|
|
|
56
|
Open
|
|
|
|
57
|
Open
|
|
|
|
58
|
Open
|
|
|
|
59
|
Open
|
|
|
|
60
|
Open
|
|
|
|
61
|
Open
|
|
|
|
62
|
Open
|
|
|
|
63
|
Open
|
|
|
|
64
|
Women
|
|
|
|
65
|
Open
|
|
|
|
66
|
Open
|
|
|
|
67
|
Open
|
|
|
|
68
|
Open
|
|
|
|
69
|
Open
|
|
|
|
70
|
Open
|
|
|
|
71
|
Open
|
|
|
|
72
|
Open
|
|
|
|
73
|
Open
|
|
|
|
74
|
Open
|
|
|
|
75
|
Open
|
|
|
|
76
|
Open
|
|
|
|
77
|
Scheduled Castes
|
|
|
|
78
|
Open
|
|
|
|
79
|
Open
|
|
|
|
80
|
Open
|
|
|
|
81
|
Backward Classes
|
|
|
|
82
|
Open
|
|
|
|
83
|
Open
|
|
|
|
84
|
Open
|
|
|
|
85
|
Women
|
|
|
|
86
|
Open
|
|
|
|
87
|
Open
|
|
|
|
88
|
Open
|
|
|
|
89
|
Open
|
|
|
|
90
|
Open
|
|
|
|
91
|
Open
|
|
|
|
92
|
Open
|
|
|
|
93
|
Scheduled Castes
|
|
|
|
94
|
Open
|
|
|
|
95
|
Open
|
|
|
|
96
|
Women
|
|
|
|
97
|
Open
|
|
|
|
98
|
Open
|
|
|
|
99
|
Open
|
|
|
|
100
|
Open
|
|
|
|
65ba5dc4ab84c7eca86eb129 | acts |
State of Tamilnadu- Act
-------------------------
The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979
----------------------------------------------------------------------------
TAMILNADU
India
The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979
============================================================================
Rule THE-TAMIL-NADU-ACQUISITION-OF-LAND-FOR-HARIJAN-WELFARE-SCHEMES-RULES-1979 of 1979
----------------------------------------------------------------------------------------
* Published on 21 September 1979
* Commenced on 21 September 1979
The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979
Published vide Notification No. G.O. MS. No. 1628, Social Welfare, dated the 21st September 1979, Published dated 24.9.1979 - No. SRO A-255 (b) /79
In exercise of the powers conferred by section 23 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978), the Governor of Tamil Nadu hereby makes the following rules:
### 1. Short title.
- These rules may be called the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978);
(b) "Form" means a form appended to these rules;
(c) "section" means a section of the Act.
### 3. Procedure for acquiring land.
- (i) The District Collector or the officer authorised by him in this behalf shall serve a show cause notice in Form I under sub-section (2) of section 4 individually on the owner or on all persons interested in the land to be acquired. If the owner or any other person interested in the land resides elsewhere than where the land is situated, the show cause notice shall be sent by registered post (Acknowledgment Due) to the last known address of the owner or any other person interested.
(ii) The District Collector, if, after passing such orders as required by subsections (2) and (3) of section 4, is satisfied that it is necessary to acquire the land, notice in Form II to that effect shall be published in the District Gazette.
### 4. Determination of market value of the land.
- The market value of the land under sub-section (1) of section 7 shall be determined in one or more of the following methods:-
(i) The price paid for similar land or portion of same land in recent years after due allowance being made for lapse of time, advantage of situation or any other possible differences between the land sold and that proposed to be acquired.
(ii) The price paid for similar lands in the vicinity in recent years.
(iii) The annual income from the land which may be capitalised for a certain number of years of purchase, the number of years being determined on the nature of the land, the state of the money market and other relevant circumstances.
(iv) The value of the land shall be subject to full assessment including the value of trees, buildings, or crops standing thereon in the normal condition in which it would have come into the market at the time of publication of the notice under sub-section (1) of section 4.
### 5. Procedure for determining the amount.
- (i) Immediately after the publication of the notice under sub-section (1) of section 4 of the Act in the District Gazette by the District Collector, l he prescribed authority shall serve a notice in Form III to the owner and to all persons interested to appear before him on a day to be specified which shall not be earlier than fifteen days after the publication of notice under sub-section (1) of section 4 of the Act for inquiry. The notice shall also be displayed at prominent places or near the land under acquisition.
(ii) On the day specified or on any other day to which the enquiry is to be adjourned, the prescribed authority shall proceed to inquire into the objections which the owner or any person or persons interested may raise in regard to the extent, value of the land and the nature of interest of the different claimants to the land and shall determine by order which shall be in Form IV under his hand of-
(a) the true owner of the land;
(b) market value of the land and solatium; and
(c) the apportionment of the amount payable among all the persons known or believed to be interested in the land of whom or of whose claims he has information, whether or not they have appeared before him. The prescribed authority shall state specifically the particulars of apportionment wherever necessary.
### 6. Appeal against order of amount determined.
- Any person, who does not agree to the amount determined by the prescribed authority under sub-section (3) of section 7 of the Act, may prefer an appeal to the Court within a period of six weeks from the date of receipt of the copy of the order of the prescribed authority.
### 7. Register for installment payments.
- A register showing the payment of amount in installments referred to in clause (ii) of sub-section (1) of section 11 shall be maintained in Form V
### 8. Second appeal.
- Where the amount, as determined by the prescribed authority by order under sub-section (3) of section 7, exceeds rupees fifty thousand, a second appeal shall lie to the High Court from any decision of the Court under the Act.
Form I
[See Rule 3(i) ]
Notice
Notice is hereby given that the land/ lands specified in the Schedule below and situated in village ................... taluk ........ district is/ are necessary to be acquired for the purpose of ..........
All persons interested in the land/ lands are accordingly directed to lodge before the Collector of ........... district/ Officer authorised by the Collector of ............ district under sub-section (2) of section 4 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978), within fifteen days after service of this notice, a statement in writing of their/ your objections, if any, showing cause why the land/ lands mentioned in the Schedule below should not be acquired.
The statement of objections, if any, received after the expiry of the time stipulated or sent by a person, who is not interested in the land, is liable to be summarily rejected.
The statement of objections, if any, received within the time stipulated will be enquired into at ............ on the ....... at the office of the ........... They/ You will be at liberty to appear in person or represented by pleader and adduce any oral or documentary evidence in support of their/ your objections, failing which, it will be presumed that they/ you have no objection whatsoever in respect of the said land/ lands to be acquired and action will be taken accordingly.
The Schedule
District : ................
Taluk ...................
Village .................
| | | | |
| --- | --- | --- | --- |
|
Survey No.
|
Description
|
Extent owner
|
Reputed
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
Form II
[See Rule 3(ii) ]
Notice Under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978
Whereas, it appears to the Government of Tamil Nadu that the land/ lands specified in the Schedule below and situated in the ........... village, taluk, .......... district, is/ are needed for the purpose of Harijan Welfare Scheme to writ, ........... notice to that effect is hereby given to all to whom it may concern in accordance with the provisions of sub-section (1) of section 4 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978);
And Whereas, it has become necessary to acquire immediate possession of the land/ lands in the Schedule below;
Now, Therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the said Act, the Collector of ...... district hereby directs that the land/ lands be acquired under the provision of the said section.
The Schedule
District:................
Taluk ...................
Village .................
### 1. Description of land, wet or dry, inam or poramboke with -Survey/ Paimash number. ###
2. Name of the owner/ occupier.
### 3. Boundaries of the land required to be taken up- North:
East:
South:
West:
### 4. Extent under acquisition (approximate) . ###
5. Whether arable or waste.
### 6. Details of structures, if any. ###
7. Number and description of trees, if any.
Form III
[See Rule 5(i) ]
Notice is hereby given that the Collector of.............. district by his notification No dated the published at pages of Part Section of the District Gazette, dated the has decided to acquire the land/ lands mentioned in the Schedule below under sub-section (1) of section 4 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978);
You are hereby directed to appear in person or by authorised agent at on..................before the............and to state/ put in a statement in writing signed by you or your authorised agent,"showing the nature of your interest in the land/ lands the amount payable for such interest in the land/ lands with particulars thereof and your objections, if any, to the measurement made and to put in a statement containing so far as may be practicable the name of every other person possessing any interest in the land or any part of it as joint owner, mortgagee, occupant or otherwise, the nature of such interest and the rents and profits, if any, received or receivable on account of it for three years next proceeding at date of statement.
The Schedule
District:................
Taluk ...................
Village .................
| | | |
| --- | --- | --- |
|
Survey No.
|
Extent
|
Name of registered holder, present owner and
persons interested
|
|
(1) |
(2) |
(3) |
|
|
|
|
Form IV
[See Rule 5(ii) ]
Made by.............Order.................................dated............................
Whereas, an extent of land measuring and situated in the ............. village of.................................... Taluk in the Registration/ Sub-Registration District of ................................... in the District of and registered in the name of, or occupied by, the persons specified below has been decided by the Collector............District........published at pages................of Part ............Section of the District Gazette, dated.................and is needed for under sub-section (1) of section 4 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978), the undersigned, after full inquiry into the case and on due consideration of the various circumstances connected with the acquisition as hereinbefore set forth, makes the following order under his hand:-
| | | |
| --- | --- | --- |
|
I.
|
The true area of the land.
|
|
|
II.
|
(a) Market value of the land.
|
Rs.
|
|
|
(b) Solatium.
|
Rs.
|
|
|
Total
|
Rs.
|
| | | | |
| --- | --- | --- | --- |
|
Survey No.
|
Extent
|
Name of the registered holder or occupier
|
Boundaries of the land
|
|
North
|
East
|
South
|
West
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
|
|
|
III. The person or persons interested in the land to whom the amount is due-
| | | |
| --- | --- | --- |
|
SI. No.
|
Name
|
Rs. P.
|
|
(1) |
(2) |
(3) |
|
|
|
|
The undersigned certifies that there is before him a plotted plan of the land or lands acquired.
Form V
[See Rule 7]
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Award
|
Survey No.
|
Extent
|
Village
|
Taluk
|
|
No.
|
Date
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
SI. No.
|
Name of persons to whom the award is passed
|
The amount of award for each person
|
|
(1) |
(2) |
(3) |
|
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Installment
|
Name of persons
|
Amount
|
Interest
|
Due Date
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
First
|
1. ....
|
|
|
|
|
|
2. ....
|
|
|
|
|
|
3. ....
|
|
|
|
|
Second
|
1. ....
|
|
|
|
|
|
2. ....
|
|
|
|
|
|
3. ....
|
|
|
|
|
Third
|
1. ....
|
|
|
|
|
|
2. ....
|
|
|
|
|
|
3. ....
|
|
|
|
|
Fourth
|
1. ....
|
|
|
|
|
|
2. ....
|
|
|
|
|
|
3. ....
|
|
|
|
|
Fifth
|
1. ....
|
|
|
|
|
|
2. ....
|
|
|
|
|
|
3. ....
|
|
|
|
|
65ba782eab84c7eca86eb81c | acts |
Union of India - Act
----------------------
The Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000
--------------------------------------------------------------------------------
UNION OF INDIA
India
The Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000
================================================================================
Rule THE-MERCHANT-SHIPPING-MANAGEMENT-FOR-THE-SAFE-OPERATION-OF-SHIPS-RULES-2000 of 2000
------------------------------------------------------------------------------------------
* Published on 12 May 2000
* Commenced on 12 May 2000
The Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000
Published vide Notification No. G.S.R. 432(E) , dated 12th May, 2000
Ministry of Surface Transport
(Shipping Wing)
G.S.R. 432(E) . - In exercise of the powers conferred by Section 457 of the Merchant Shipping Act, 1958 (
44 of 1958
), the Central Government hereby makes the following rules, namely :-
### 1. Short title, commencement and application.
(1) These Rules may be called the Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall apply to Indian ships, and to Indian shipping companies operating -
(a) passenger ships including passenger high speed crafts, of any size;
(b) oil tankers, chemical tankers, gas carriers, bulk carriers, and high-speed cargo crafts of 500 gross tonnage or more.
### 2. Definitions.
- In these rules, unless the context otherwise requires:-
(a) "Accident" means an accident involving injury or damage to life, the environment, ship or its cargo;
(b) "Act" means the Merchant Shipping Act, 1958 (
44 of 1958
);
(c) "audit" means a systematic and independent examination to determine whether the Safety Management System complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the desired objectives;
(d) "auditor" means a Surveyor, qualified and trained for performing verification of compliance with the requirements of the International Safety Management Code, appointed under section 9 of the Act;
(e) "Branch office" means an office, which is part of the Company, is under its control and covered by the same Safety Management System.
(f) "Bulk carrier" means a ship which is constructed generally with single deck top-side tanks and hopper side tanks in cargo spaces, and is intended primarily to carry dry cargo in bulk, and includes ore carriers and combination carriers;
(g) "Chemical tanker" means a cargo ship constructed or adopted and used for the carriage of any hazardous product listed in Chapter 17 of the International Bulk Chemical Code;
(h) "Company" means the owner of the ship or any other organisation or person, or the bareboat charterer, responsible for the operation of the ship;
(i) "Critical shipboard operation" means operations which are likely to cause an accident or a situation threatening the safety of the people, the environment or the ship;
(j) "Designated person" means a person ashore with direct access to the highest level of management, charged with the responsibility and the authority to monitor the safety and pollution aspects of the operation of each ship;
(k) "Document of compliance" means a Certificate of Compliance issued by the Director General of Shipping to a Company;
(l) "Gas carrier" means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in the International Gas Carrier Code;
(m) "High speed craft" means a craft capable of maximum speed in metres per seconds equal to or exceeding 3.7 ∇ 0.1667 , where ∇ = displacement corresponding to the design waterline (m3);
(n) "Internal Safety Management System audit" means a systematic and independent verification process carried out by the Company as part of its management function to determine whether the Safety Management System activities and related results are in compliance with the Company's Safety Management System;
(o) "Major non-conformity" means an identifiable deviation which poses a serious threat to personnel or ship safety or a serious risk to the environment and requires immediate corrective action;
(p) "Mobile offshore drilling unit" means a vessel capable of being engaged in drilling operations for the exploration or exploitation of resources beneath the seabed;
(q) "Non-conformity" means an observed situation where objective evidence indicated the non-fulfilment of a specified requirement of the International Safety Management Code;
(r) "Oil tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers;
(s) "Organisation" means the International Maritime Organisation;
(t) "Safety management audit" means a systematic and independent examination to determine whether the Safety Management System activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives;
(u) "Safety Management Certificate" means a Certificate issued by Director General of Shipping or any officer authorised by him in this behalf to a ship which signifies that the Company and its shipboard management operate in accordance with the Safety Management System;
(v) "Safety Management System" means a structured and documented system enabling Company personnel to effectively implement the Company Safety and Environment Protection Policy;
### 3. Criteria for verification.
(1) The Central Government shall verify compliance by the company with the requirements of the International Safety Management Code by determining that -
(a) Company's Safety Management System conforms with the requirements of International Safety Management Code; and
(b) The Safety Management Systems ensures that the following objectives are achieved, namely:-
(i) There is compliance with mandatory Rules and regulation and
(ii) The applicable International Safety Management Code, guidelines and Standards recommended by the Organisation, the Central Government, classification societies and maritime industry organisation are taken into account.
(2) When mandatory requirements are not subject to statutory or classification surveys, the Company shall provide specific documented procedures and instructions to ensure compliance with them and to provide objective evidence of their implementation.
### 4. Safety Management System Requirements.
- Every Company shall develop, implement and maintain a Safety Management System approved by the Government which shall inter-alia include :-
(a) Safety and environmental protection policy which shall explicitly establish the commitment of the Company to achieve the following objectives; namely-
(i) ensuring safety at sea, prevention of human injury or loss of life, and avoidance of damage to the environment in particular to the marine environment and to property;
(ii) providing safe practices in ship operation and a safe working environment;
(iii) establishing safeguards against all identified risks; and
(iv) improving safety management skills of personnel ashore and on board ships, including preparing for emergencies related both to safety and environment protection.
### 5. Document of Compliance and Safety Management Certificate.
(1) A Document of Compliance shall be issued by the Central Government to a Company after an initial verification of compliance with the requirements of the International Safety Management Code, for which purpose:-
(a) the Auditor shall verify that the establishment and implementation of the Safety Management System meet the objectives specified in rule 3, and on satisfactory completion of such verification, the Auditor shall present a declaration to the Central Government to that effect; and
(b) where such declaration is found satisfactory, the Central Government shall issue a Document of Compliance, valid for a period of five years from the date of completion of assessment if there are no major non-conformities, or from the date of satisfactory closure of major non-conformities, as the case may be.
(2) The Document of Compliance -
(a) shall be valid for the type of ships on which the initial verification was based.
(b) may be extended to cover additional types of ships after verification of the Company's capability to comply with the requirements of the International Safety Management Code for such additional types of ships.
(c) shall be subject to annual verification by Auditors which may be done within three months before or after the annual date to confirm the effective functioning of the Safety Management System in the Company, and such verification shall include, examining and verifying the correctness of the statutory and classification records for at least one ship of each type to which the Document of Compliance applies, and corrective actions and modifications to the Safety Management System carried out since previous verification shall be verified.
(3) Verification for renewal of Document of Compliance shall be carried out within a period of 6 months immediately preceding expiry of the certificate.
(4) A Document of Compliance shall not be issued, endorsed or renewed unless major non-conformities have been fully rectified by the Company and verified by the Auditor.
(5) A copy of Document of Compliance, endorsed for each ship of the Company, shall be kept on board in order that the Master can produce it on request for verification, and another such shall be kept at each branch office of the Company.
(6) The Central Government may withdraw the Document of Compliance if -
(a) corrective actions is not completed within the stipulated time ;
(b) a periodical verification is not asked for;
(c) amendments to International Safety Management Code are not taken into account;
(d) there is evidence of a major non-conformity ;
(e) substantial modification to the Safety Management System is not notified to Central Government and verified by the Auditor.
Explanation: - A non-conformity from previous audit against which corrective action is not taken within the stipulated time shall be deemed to be a major non-conformity.
(7) A Document of Compliance may be revalidated upon satisfactory completion of an initial verification Audit.
(8) A Safety Management Certificate (SMC) shall be issued by the Central Government to a ship after an initial verification of compliance with the requirements of the International Safety Management Code as follows and for this purpose-
(a) the Auditor shall verify the establishment and implementation of Safety Management System on board the ship, which includes the verification that the Document of Compliance for the Company responsible for the operation of the ship is applicable to that particular type of ship;
(b) there is an objective evidence demonstrating that the Company's Safety Management System has been functioning effectively for at least three months on board the ship, including inter alia, records from the internal audits carried out on the ship.
(c) the Auditor shall, where a satisfactory Safety Management System is in operation, present a declaration to that effect to the Central Government for issuance of a Safety Management Certificate to the ship.
(9) A copy of the Safety Management Certificate issued shall be available at the Company's head office.
(10) The issue of a Safety Management Certificate shall be subject to -
(a) the existence of a valid Document of Compliance for that type of ship,
(b) the compliance with rule-3,and
(c) the maintenance of valid statutory certificates,
(11) A Safety Management Certificate shall not be issued, endorsed or renewed unless major non-conformities have been rectified by the Company and verified by the Auditor:
Provided Safety Management Certificate may be issued, endorsed or renewed pending rectification of non-conformities within such period not exceeding three months as may be agreed to between the Company and the Auditor, if such non-conformities could not be rectified for reasons beyond Company's control.
(12) The period of validity of a Safety Management Certificate shall be five years, subject to minimum of one intermediate verification confirming effective functioning of the Safety Management System, and that any modifications carried out since the previous verification comply with the requirements of the International Safety Code .
Provided that the frequency of the intermediate verification may be increased in certain cases, particularly during the initial period of operation of the Safety Management System or due to the nature of non-conformities:
Provided further that where one intermediate verification has been carried out, the second intermediate verification shall take place between the second year and the third year.
(13) Safety Management Certificate shall be issued from the date of completion of assessment if there are no major non-conformities, or from the date of satisfactory rectification of major non-conformities, the case may be.
(14) A Safety Management Certificate may be declared invalid by the Central Government, inter alia for :-
(a) non-compliance with the provision to sub rule (II),
(b) corrective actions are not completed within the agreed time schedule;
(c) periodical verification is not asked for;
(d) amendments to the International Safety Management Code are not complied ;
(e) evidence of a major non-conformity;
(f) substantial modification to the Safety Management System which has not been notified to the Central Government and verified by the Auditor.
Explanation: - A non-conformity from previous audit against which corrective action is not taken within the stipulated time shall be deemed to be a major non-conformity;
(15) Renewal of the Safety Management Certificate for a further period of five years shall include assessment of all elements of the Safety Management System pertaining to that ship and its effectiveness in meeting the objectives specified in the International Safety Management Code.
(16) The Safety Management Certificate may be revalidated provisionally upon satisfactory completion of an initial verification audit.
### 6. Interim Document of Compliance and Safety Management Certificate.
(1) An Interim Document of Compliance, valid for not more than twelve months, shall be issued by the Central Government to facilitate initial implementation of the International Safety Management Code in the following cases, namely:
(a) where a Company is newly established, or
(b) when a Company takes on responsibility for the operation of the type of a ship which is not listed in the Document of Compliance:
Provided that the Company demonstrates that it has a Safety Management System that meets the objectives of rule 3.
(2) An Interim Safety Management Certificate shall be issued for a period of not more than six months by the Central Government to facilitate initial implementation of the International Safety Management Code in the following cases namely:-
(a) to new ships on delivery, or
(b) when a Company takes on the responsibility for the operation of a ship which is new to the Company.
Provided that in exceptional circumstances, after representation by the company, the validity of the Interim Safety Management Certificate may be extended for a further period not exceeding six months.
### 7. Issuance of Safety Management Certificate by "Recognised Organisation".
(1) The Central Government may duly authorise a recognised organisation to issue on its behalf the Safety Management Certificate for a period of five months at the completion of an International Safety Management Code audit to cover the period until a full term certificate is issued by the Central Government.
(2) The Safety Management Certificate may be issued provided no major non-conformities remain and the Auditor formally recommends certification of the ship.
Explanation: - "Recognised Organisation" means an organisation as approved by International Maritime Organisation.
### 8. The Certification Process.
(1) The Company shall apply to the Central Government for International Safety Management Code certification, with relevant information, which shall include the size and total number of each type of ship covered by the Safety Management System and any other documentation considered necessary.
(2) The certification process relevant for the issuance and maintenance of a Document of Compliance for a Company and a Safety Management Certificate to a ship shall generally involve, including audit of the Safety Management System; -
(a) initial verification,
(b) periodical or intermediate verification, and
(c) renewal verification.
(3) For issuing a Document of Compliance to a Company, the Central Government may have Initial Verification, by way of :-
(a) Review of document review in order to verify that the Safety Management System complies with the International Safety Management Code requirement.
(b) Company audit, in order to verify the effective functioning of the Safety Management System for at least three months in the office as well as in ship.
(4) For issuing a Safety Management Certificate, the Central Government may have initial verification of a ship by way of:-
(a) Verifying that the Company's Document of Compliance is valid and relevant to that type of ship;
(b) Verifying audit, in order to verify the effective functioning of the Safety Management System which has been in operation for atleast three months on board the ship.
(5) The Central Government may have intermediate verification which shall take place between second and third annual date of Safety Management Certificate or as the case may be of the Document of Compliance, to maintain the validity of the Document of Compliance and the Safety Management Certificate issued by it to verify -
(a) the effective functioning of the Safety Management System;
(b) that possible modifications of the Safety Management System comply with the requirements of the International Safety Management Code;
(c) that corrective action has been implemented; and
(d) that statutory and classification certificates are valid and no surveys are overdue.
(6) Renewal Verification audit for the issuance of a fresh Document of Compliance to a Company or a Safety Management Certificate to a ship shall be carried out six months before the date of expiry of the existing Document of Compliance or Safety Management Certificate and shall be completed before the date of expiry.
### 9. Responsibilities pertaining to Audit.
(1) Not withstanding the verification of compliance with the requirements of the International Safety Management Code, it shall be the responsibility of the Company, management, officers or seafarers to comply with Indian laws and international laws relating to safety and protection of the environment.
(2) It shall be duty of the Company to -
(a) inform the Company's employees about the objectives and scope of the Audit;
(b) to appoint responsible members of staff to assist the Auditor.
(c) provide the relevant documents, records and information needed by Auditor to ensure an effective and efficient verification process.
(d) provide access and objective evidence as requested by Auditor(s).
(e) co-operate with the Auditor to permit the audit objectives to be achieved.
(3) The Auditor shall: -
(a) plan and carry out assigned responsibilities effectively and efficiently;
(b) comply with the applicable requirements and other appropriate directives;
(c) report any major obstacles encountered in performing the Audit;
(d) organise specialist technical assistance required to fulfil the competence requirements of the Audit as and when appropriate;
(e) communicate and clarify the non-conformities to the Company and the ship immediately;
(f) communicate to those concerned observations, if any;
(g) submit the Audit report clearly, conclusively and without undue delay to the Central Government;
(h) submit the Audit report to the Company and /or the Ship Master when acting as sole Auditor;
(i) verify the effectiveness of corrective actions taken by the Company as a result of the Audit.
(4) Personnel participating in the audit/verification shall ensure confidentiality of documents pertaining to the certification.
Interim Safety Management Certificate
Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended
and
Under the authority of the Government of India
Name of Ship:
Distinctive Number or Letters:
Port of Registry:
Type of Ship\*:
Gross Tonnage:
IMO Number:
Name and Address of Company:
This is to certify that the Safety Management System of the ship complies with the provisions of paragraphs 3.3.4 and 3.3.5 of the Guidelines on Implementation of the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) by Administrations as adopted by the International Maritime Organization by resolution A.788 (19) .
This Interim Safety Management Certificate is valid until..........................
| | |
| --- | --- |
|
Issued at
|
|
|
Date of issue
|
|
|
Certificate No.
|
….............................................................Chief
Surveyor with the Govt. of IndiaDirectorate General of
ShippingMumbai
|
(Seal or stamp of the issuing authority)
\*Insert the type of ship from among the following: Passenger Ship; Passenger High-Speed Craft; Cargo High-Speed Craft; Bulk Carrier, Oil Tanker, Chemical Tanker, Gas Carrier, Mobile Offshore Drilling Unit; Other Cargo Ship.
Interim Document of Compliance
Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended
and
Under the authority of the Government of India
Name and address of the Company:
This is to Certify that the safety management system of the Company has been recognized as meeting the objectives of paragraph 1.2.3 of the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the IMO with Resolution A. 741 (18) for the type(s) of ships listed below
(Delete as appropriate):
Passenger ship
Passenger high-speed craft
Cargo high-speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This Interim Document of Compliance is valid until...................
| | |
| --- | --- |
|
Issued at
|
|
|
Date of issue
|
|
|
Certificate No.
|
….............................................................Chief
Surveyor with the Govt. of IndiaDirectorate General of
ShippingMumbai
|
(Seal or stamp of issuing authority)
Document of Compliance
Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended
and
Under the authority of the Government of India
Name and address of the Company:
This is to Certify that the safety management system of the Company has been audited and that it complies with the requirements of the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the IMO with Resolution A 741 (18) for the types of ships listed below
(Delete as appropriate):
Passenger ship
Passenger high-speed craft
Cargo high-speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This Document of Compliance is valid till................ subject to periodical verification.
| | |
| --- | --- |
|
Issued at
|
|
|
Date of issue
|
|
|
Certificate No.
|
….............................................................Chief
Surveyor with the Govt. of IndiaDirectorate General of
ShippingMumbai
|
(Seal or stamp of issuing authority)
Endoresement for Annual Verification
This is to Certify that, at the periodical verification in accordance with regulation 6 of chapter IX of the Convention, the safety management system was found to comply with the requirements of ISM Code.
| | |
| --- | --- |
|
1stAnnual Verification
|
Signed..............................................(Signature
of the authorised official)
|
|
Place...............................................
|
|
Date................................................
|
|
2ndAnnual Verification
|
Signed..............................................(Signature
of the authorised official)
|
|
Place...............................................
|
|
Date................................................
|
|
3rdAnnual Verification
|
Signed..............................................(Signature
of the authorised official)
|
|
Place...............................................
|
|
Date................................................
|
|
4thAnnual Verification
|
Signed..............................................(Signature
of the authorised official)
|
|
Place...............................................
|
|
Date................................................
|
Safety Management Certificate
Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended
and
Under the authority of the Government of India
Name of Ship:
Distinctive Number or Letters:
Port of Registry:
Type of Ship\* :
Gross Tonnage:
IMO Number:
Name and Address of Company:
This is to certify that the Safety Management System of the ship has been audited and that it complies with the requirements of the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) as adopted by the International Maritime Organization by resolution A.741(18) as amended, following verification that the Document of Compliance for the Company is applicable to this type of ship.
This Safety Management Certificate is valid until..............., subject to periodical verification and the validity of Document of Compliance.
| | |
| --- | --- |
|
Issued at
|
|
|
Date of issue
|
|
|
Certificate No.
|
….............................................................Chief
Surveyor with the Govt. of IndiaDirectorate General of
ShippingMumbai
|
(Seal or stamp of the issuing authority)
\*Insert the type of ship from among the following: Passenger Ship; Passenger High-Speed Craft; Cargo High-Speed Craft; Bulk Carrier, Oil Tanker, Chemical Tanker, Gas Carrier, Mobile Offshore Drilling Unit, Other Cargo Ship.
Endorsement of Periodical Verification and Additional Verification (if required)
This is to certify, at the periodical verification in accordance regulation 6 of Chapter IX of the Convention, the Safety Management System was found to comply with the requirements of the ISM Code.
| | |
| --- | --- |
|
Intermediate Verification(to be completed between second and third anniversary date)
|
Signed..............................................(Signature
of the authorised offical)
|
|
Place...............................................
|
|
Date................................................
|
|
(Stamp) Additional Verification\*
|
Signed..............................................(Signature
of the authorised offical)
|
|
Place...............................................
|
|
Date................................................
|
|
(Stamp) Additional Verification\*
|
Signed..............................................(Signature
of the authorised offical)
|
|
Place...............................................
|
|
Date................................................
|
|
(Stamp) Additional Verification\*
|
Signed..............................................(Signature
of the authorised offical)
|
|
Place...............................................
|
|
Date................................................
|
\*if applicable
|
65b958a9ab84c7eca86e8e8a | acts |
State of Bihar - Act
----------------------
Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011
------------------------------------------------------------------------------
BIHAR
India
Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011
==============================================================================
Act 15 of 2011
----------------
* Published on 1 January 2011
* Commenced on 1 January 2011
Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011
(Bihar Act
15 of 2011
)
Last Updated 4th February, 2020
Preamble. - An Act to provide for the acquisition of right of user in land for laying underground pipelines for carrying of water, gas or other material in the State of Bihar and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Bihar in the sixty two year of the Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
### 2. Definitions.
- In this Act, unless otherwise required in the context,-
(a) "Competent authority" means any person or authority authorized by the State Government, by notification in the Official Gazette, to perform the functions under this Act;
(b) "Corporation" means any body corporate established under any Central or State Act or a company formed and registered under the Companies Act, 1956 (Central Act 1 of 1956);
(c) "Prescribed" means prescribed by rules made under this Act;
(d) "State Government" means the Government of the State of Bihar;
(e) "Underground pipeline" means an underground pipeline laid at a depth of not less than one and a half meter of the land surface.
### 3. Publication of notification for Acquisition.
(1) Whenever it appears to the State Government that it is necessary in the public interest for the carrying out water, gas or other material from one locality to another locality, an underground pipeline may be laid and that for the purpose of laying such underground pipelines, it is necessary to acquire the right of user in any land under which such underground pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user therein.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The Competent authority shall cause the substance of the notification to be published at such places and in such manner, as may be prescribed.
(4) Any person interested in the land may, within a period of twenty-one days from the date of the notification under sub-section (1), object to the laying of the underground pipelines.
(5) Every objection under sub-section (4) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person or by his legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as it deems necessary, by order, either allow or reject the objections.
(6) Every order made by the competent authority under sub-section (5) shall be final.
### 4. Declaration of acquisition of right of user in Land.
(1) Where no objections under sub-section (4) of section 3 have been made to the competent authority within the period specified therein or where the competent authority has passed final order, the competent authority shall declare, by notification in the Official Gazette, that the right of user in the land for laying the underground pipelines is required for public purpose.
(2) On publication of the declaration under sub-section (1), the right of user in the land specified therein shall vest absolutely in the State Government, free from all encumbrances.
(3) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions, as it may think fit, direct by order in writing, that the right of user in the land for laying the underground pipelines shall, instead of vesting in the State Government, vest in the corporation proposing to lay the underground pipelines, free from all encumbrances.
### 5. Power to enter and survey.
- On publication of the declaration under sub-section (1) of section 4, it shall be lawful for any person authorized by the State Government or the corporation and its servants and workmen,-
(a) to enter upon, survey and take levels of any land specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and lines by placing marks and cutting trenches;
(e) to cut down and clear away any part of any standing crop, fence or jungle, where survey is not completed, levels not taken, boundaries and lines are not marked; and
(f) to do all other acts necessary to ascertain whether underground pipelines can be laid under the land;
Provided that while exercising any power under this section, such person or any servant of such person shall cause as little damage or injury as possible to such land.
### 6. Laying underground pipelines.
(1) Where the right of user in any land has been vested in the State Government or corporation under section- 4-
(i) It shall be lawful for any person authorized by the State Government or the corporation, as the case may be, and its servants to enter upon the land and lay underground pipelines or to do any other act necessary for laying of such underground pipelines:
Provided that no underground pipelines shall be laid under;-
(a) any land which immediately before the date of the notification under sub-section (1) of section-3 was used for residential purpose; or
(b) any land which is appurtenant to a dwelling house;
(ii) Such land shall be used only for laying underground pipelines and maintaining, examining, repairing, altering or removing any such underground pipelines or for doing any other act necessary for any of the aforesaid purposes or for the utilization of such underground pipelines.
(2) If any dispute arises with regard to any matter referred to in the proviso to clause (i) of sub-section (1), the dispute shall be referred to the competent authority, whose decision thereon shall be final.
### 7. Power to enter into land for inspection.
- For maintaining, examining, repairing, altering or removing any underground pipeline, or measurement for any of the aforesaid purpose, or for making any inspection, any person authorized in this behalf by the State Government or the corporation, may after giving reasonable notice to the occupier of the land, enter therein with such workmen and assistants as may be necessary:
Provided that where an emergency exists, no such notice shall be necessary.
### 8. Restrictions regarding use of land.
(1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section-4, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub-section (1) of section-3:
Provided that such owner or occupier shall not, after the declaration under sub-section (1) of section-4-
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or dam; or
(iii) plant any tree on that land.
(2) The owner or occupier of the land shall not do any act which may cause or likely to cause any damage in any manner whatsoever to the underground pipeline.
### 9. Compensation.
(1) Where in exercise of the powers conferred under sections-5, 6 or 7, any damage, loss or injury is sustained by any person interested in the land, the State Government or the corporation shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance. While determining such compensation, it shall have due regard to the damage or loss sustained by reason of-
(i) the removal of trees or standing crops, if any, on the land;
(ii) the temporary severance of the land under which the underground pipeline has been laid from other lands belonging to, or in the occupation of such person; or
(iii) any injury to any other property, whether movable or immovable or the earnings of such person caused in any other manner.
(2) Where the right of user of any land has vested in the State Government or the corporation, the State Government or the corporation, as the case may be, shall be liable to pay, in addition to compensation, if any, compensation calculated at twenty percent of the market value of that land on the date of publication of the declaration under sub-section (1) of section-4. The market value of the land on the said date shall be determined by the competent authority.
Explanation. - "Market value" means the value determined on the basis of methods as prescribed in the Bihar Land Acquisition Rehabilitation and Resettlement Policy 2007 as amended from time to time.
In addition to market value, 30% solatium on the rates as fixed under the provisions of the Bihar Land Acquisition Rehabilitation and Resettlement Policy 2007, shall be paid but wherever the land owner gives consent in writing, the solatium amount shall be 60% in place of 30%.
(3) If the market value determined by the competent authority is not acceptable to either of the parties, an application may be made by the aggrieved party within thirty days to the Court as defined under the Land Acquisition Act, 1894, whose decision shall be final.
### 10. Deposit and payment of compensation.
(1) The amount of compensation determined under section-9 shall be deposited by the State Government or the corporation, as the case may be, with the competent authority within such time and in such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time prescribed under sub-section (1), the State Government or the corporation, as the case may be, shall be liable to pay interest thereon at the rate of nine percent per annum from the date on which the compensation had to be deposited till the date of actual deposit.
(3) As soon as may be after the compensation has been deposited under subsection (1), the competent authority shall, on behalf of the State Government or the corporation, as the case may be, pay the compensation to the persons entitled thereto.
(4) If any dispute arises as to the apportionment of the compensation or additional compensation or any part thereof, the competent authority shall refer the dispute to the Court as defined under the Land Acquisition Act, 1894 and the decision of the Court thereon shall be final.
### 11. Period within which compensation shall be made.
- The competent authority shall pay compensation under section-9 within a period of two years from the date of the publication of the notification under section-3 and if no compensation is paid within that period, the entire proceeding for the acquisition of right of user in land shall lapse.
Explanation. - In computing the period of two years referred to in this section, the period during which any action or proceeding in pursuance of the said declaration is stayed by an order of a court shall be excluded.
### 12. Special powers in cases of urgency.
(1) In cases of urgency, whenever the State Government so directs, the competent authority, though no such award has been made, may, on the expiration of fifteen days from the publication of the notification mentioned in sub-section (1) of section-3, acquire right of user in land needed for laying of such underground pipelines. Such right of user in the land shall thereupon vest absolutely in the State Government, free from all encumbrances:
Provided that the competent authority shall not acquire right of user in any land or part thereof under this sub-section without giving to the occupier thereof at least forty eight hours notice of its intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such land without unnecessary inconvenience.
(2) In every case under the preceding sub-section, the competent authority shall at the time of taking possession, offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage caused by such sudden dispossession; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions herein contained.
(3) Before taking possession of any land under sub-section (1), the competent authority shall, without prejudice to the provisions of sub-section (2)-
(a) make payment of eighty per centum of the compensation for such land as estimated by him to the person interested and entitled thereto; and
(b) pay to him, unless prevented by one or more of the contingencies mentioned in section 9, and where the competent authority is so prevented, the provisions of section-9, shall apply as they apply to the payment of compensation under that section.
(4) The amount paid or deposited under sub-section (3), shall be taken into account for determining the amount of compensation required to be tendered under section-9 and where the amount so paid or deposited exceeds the compensation awarded by the competent authority under section-9, the excess amount may, unless refunded within three months from the date of competent authority's award, be recovered as an arrear of land revenue.
(5) In the case of any land to which, in the opinion of the State government the provisions of sub-section (1) are applicable, the State Government may direct that the provisions of section-3 shall not apply, and, if it so directs a declaration may be made under section-4 in respect of the land at any time after the date of the publication of the notification under section-3.
### 13. Competent authority to have certain powers of civil court.
- The competent authority shall have for this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) recording of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
### 14. Protection for action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is done or intended to be done in good faith in pursuance of this Act or any rule or notification made or issued thereunder.
### 15. Bar of jurisdiction.
- No civil court shall have jurisdiction to entertain any suit or to try any dispute or to pass any interim injunction in respect of any matter for which the competent authority is empowered under this Act.
### 16. Punishment.
(1) Whosoever wilfully obstructs any person in doing any of the acts authorized under sections-5, 6 or 7 of this Act or wilfully fills up, destroys, damages or displaces any trench or mark made under section-5 or wilfully does anything prohibited under the provision to sub-section (1) of section-8, shall be punishable with simple imprisonment which may extend to six months or fine or with both.
(2) Whosoever wilfully removes, displaces, damages or destroys any underground pipeline laid, shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine.
### 17. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provision or give such directions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
### 18. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session.
|
65ba8362ab84c7eca86ebd6c | acts |
Union of India - Act
----------------------
The Printing of One Rupee Currency Notes Rules, 2014
------------------------------------------------------
UNION OF INDIA
India
The Printing of One Rupee Currency Notes Rules, 2014
======================================================
Rule THE-PRINTING-OF-ONE-RUPEE-CURRENCY-NOTES-RULES-2014 of 2014
------------------------------------------------------------------
* Published on 22 October 2014
* Commenced on 22 October 2014
The Printing of One Rupee Currency Notes Rules, 2014
Published vide Notification New Delhi, the 22nd October, 2014
Ministry of Finance
(Department of Economic Affairs)
G.S.R. 740(E) . - In exercise of the powers conferred by clauses (d) and (e) of sub-section (2) of Section 24 of the Coinage Act, 2011 (
11 of 2011
), the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Printing of One Rupee Currency Notes Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Printing.
- The One Rupee Currency Notes shall be printed at the Note Printing Presses for issue under the authority of the Government of India for circulation.
### 3. Dimensions and Composition of One Rupee Currency Note.
- The One Rupee Currency Notes shall conform to the dimensions and compositions as specified in the Table below namely :-
Table
| | | |
| --- | --- | --- |
|
Denomination of the Note
|
Shape and Size
|
Paper Composition
|
|
(1) |
(2) |
(3) |
|
One RupeeCurrency Note
|
Rectangular9.7 x 6.3 cms
|
100 per cent (Cotton) Rag Content.
|
|
|
|
Weight of Paper:- 90 GSM (Grams per Square Meter)
|
|
|
|
Thickness of Paper:- 110 microns
|
|
|
|
Multitonal Watermarks:-(i) Ashoka Pillar in the windowwithoutwords^lR;eso t;rs\*(ii) Hidden Numeral '1' in the centre.(iii)
Hidden word^Hkkjr\*vertically arranged on right hand side.
|
### 4. Design.
- The design of One Rupee Currency Notes shall be as under :-
(1) Obverse. - (a) It contains the words ^^Hkkjr ljdkj\*\* above the words "Government of India" with the bilingual signature of Shri Arvind Mayaram, Finance Secretary and with the replica of New Rupee One coin with र symbol of 2014 issue with ^lR;eso t;rs\* and capital insert letter 'L' in numbering panel.
(b) The numbering shall be in black at right hand bottom portion of the note.
(2) Reverse. - It contains the words ^^Hkkjr ljdkj\*\* above the words "Government of India" with the year 2014 on the representation of the One Rupee coin with र symbol having floral design and the surrounding design consists of picture of 'Sagar Samrat', the oil exploration platform and with the authentic rendering of value in 15 Indian languages in language panel with the year figure shown on the centre bottom in international number.
(3) Overall Colour Scheme. - The colour of one Rupee currency note shall predominantly pink green on obverse and reverse in combination with others.
### 5. Standard Weight and remedy allowed.
- The Standard paper weight and remedy (tolerance) allowed in printing of One Rupee Currency Notes shall be as specified in the Table below :-
Table
| | | | |
| --- | --- | --- | --- |
|
Denomination
|
Parameter
|
Standard
|
Remedy (Tolerance) (4) allowed
|
|
1
|
2
|
3
|
4
|
|
Rupee One
|
Grammage of Paper Used
|
90 GSM (Grams per Square Meter)
|
+/- 3 GSM
|
|
|
Thickness of Paper
|
110 Microns
|
+/- 5 Microns
|
|
65b95342ab84c7eca86e8df1 | acts |
State of Himachal Pradesh - Act
---------------------------------
Himachal Pradesh Dramatic Performances Act, 1964
--------------------------------------------------
HIMACHAL PRADESH
India
Himachal Pradesh Dramatic Performances Act, 1964
==================================================
Act 4 of 1964
---------------
* Published on 30 January 1964
* Commenced on 30 January 1964
Himachal Pradesh Dramatic Performances Act, 1964
(Act
No. 4 of 1964
)
Last Updated 6th March, 2020
For Statement of Objects and reasons see the Rajpatra, Himachal Pradesh (Extraordinary) , dated the 30th January, 1964, p. 29. For its Authoritative Hindi Text see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7th June, 1986, pp. 984- 990.
(Received the assent of the President on the 18th March, 1964, and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 28th March, 1964, pp.129-133).
An Act to provide for the better control of public dramatic performances in the State of Himachal Pradesh. Amended, repealed or otherwise affected by,-
Whereas it is expedient to provide for the better control of public dramatic performances in the [State]
[Substituted for the words 'Union Territory' vide A. O. 1973.]
of Himachal Pradesh;
Be it enacted in the Fifteenth Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Himachal Pradesh Dramatic Performances Act, 1964.
(2) It extends to the whole of the [State]
[Substituted for the words 'Union Territory' vide A.O. 1973.]
of Himachal Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(1) "objectionable performance" means any play, pantomime or other drama which is likely to-
(i) incite any person to resort to violence or sabotage for the purpose of overthrowing or undermining the Government established by law in India or in any State thereof or its authority in any area; or
(ii) incite any person to commit murder, sabotage or any offence involving violence; or
(iii) seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice to recruiting of persons to serve in any such force or prejudice the discipline of any such force;or
(iv) incite any section of the citizens of India to acts of violence against any other section of the citizens of India; or
(v) which is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or by blaspheming or profaning the religion or the religious beliefs of that class; or
(vi) is grossly indecent, or is scurrilous or obscence or intended for blackmail.
Explanation I. - A performance shall not be deemed to be objectionable merely because in the course thereof words uttered, or signs or visible representations are made, ex-pressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means.
Explanation II. - In judging whether any performance is an objectionable performance, the play, pantomime or other drama shall be considered as a whole.
(2) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(3) "public place" means any building or enclosure, or any place in the open air and any pandal where the sides are not enclosed to which the public are admitted to witness a performance.
(4) [ XXXXXXXXXXXXXXXX]
[The definition of 'State Government' omitted vide A.O. 1973.]
.
### 3. Powers to prohibit objectionable performances.
(1) Whenever the State Government are satisfied that any play, pantomime or other drama performed or about to be performed in a public place is an objectionable performance, they may, by order stating the grounds on which they consider the performance objectionable, prohibit the performance.
(2) No order under sub-section (1) shall be passed without giving a reasonable opportunity to the organizer or other principal persons responsible for the conduct of the performance or to the owner or occupier of the public place in which such performance is intended to take place, to show cause why the performance should not be prohibited.
(3) Every order made under sub-section (1) shall be published in the Official Gazette.
(4) Any order made under the sub-section (1) may also be notified by proclamation and a written or printed notice thereof may be affixed at any place or places adapted for giving information of the order to the persons intending to take part in the performance so prohibited.
### 4. Power to prohibit objectionable performances temporarily.
(1) The District Magistrate, if he is of opinion that any play, pantomime or other drama performed or about to be performed, being of the nature specified in section 2, is likely to lead to a breach of the peace, by order stating the grounds for such opinion, prohibit its performance :
Provided that the District Magistrate may review his order on an application made by the person or party affected by such order.
(2) Subject to any order made by the court on appeal under section 10, an order under this section shall remain in force for two months from the making thereof :
Provided that the District Magistrate, may, if he is of opinion that the order should continue in force, by such further order or orders as he may deem fit, extend the period aforesaid by such further period or periods not exceeding two months at a time as may be specified in such order or orders.
### 5. Service of order of prohibition.
- A copy of the order made under section 8, sub-section (1) , or under section 4, sub-section (1) or sub-section (2), may be served personally or in such other manner as may be prescribed by rules made under section 13, on the organizers or other principal persons responsible for the conduct of or any person about to take part in, the performance so prohibited or on the owner or occupier of the public place, in which such performance is intended to take place.
### 6. Penalty for disobeying order.
- Any person on whom a copy of the order referred to in section 3 or section 4 is served and who does, or willingly permits, any act in disobedience of such order, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
### 7. Penalty for disobeying prohibition.
(1) Any person who after the publication of an order under section 3, sub-section (3), or during the period when an order made under section 4, sub-section (1) or sub-section (2), is in force, organizes or is responsible for the conduct of, or who with the knowledge that such an order under section 3 or section 4 is in force takes part in, the performance prohibited thereby or any performance substantially the same as the performance so prohibited, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees or with both.
(2) Any person who being the owner or occupies, or having the use of any public place, opens, keeps or uses the same for any performance prohibited under section 3 or section 4, or permits the same to be opened, kept or used for any such performance, shall on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
### 8. Power to call for information.
(1) For the purpose of ascertaining the character of any intended play, pantomime or other drama, the State Government, or such officer as they may empower in this behalf, may, by order, require the organizers or other principal persons responsible for the conduct of, or other persons about to take part in, such play, pantomime or other drama or the author, proprietor or printer of the play, pantomime or other drama about to be performed, or the owner or occupier of the place in which it is intended to be performed, to furnish such information as the State Government or such officer may think necessary.
(2) Every person so required shall be bound to furnish the information to the best of his ability within the time specified in such order and in case of contravention shall be deemed to have committed an offence under section 176 of the Indian Penal Code (Central Act XLV of 1860) (45 of 1860).
### 9. Power to and for copy or purport of drama, etc.
(1) If the State Government or the District Magistrate have or has reason to believe that an objectionable dramatic performance is about to take place, the State Government or the District Magistrate, as the case may be, may, by order, direct that no such dramatic performance shall take place in any public place within any area unless a copy of the piece, if any and so far as it is written, or some sufficient account of its purport, if and so far as it is in pantomime, has been furnished, not less than seven days before the performance, to the State Government or the District Magistrate aforesaid.
(2) A copy of any order made under sub-section (1) may be served on the owner or occupier of the public place in which such performance is intended to take place, and if thereafter he does or willingly permits, any act in disobedience of such order he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
### 10. Appeal to the Court of the Judicial Commissioner.
- Any person aggrieved by an order under section 3, sub-section (1) , or under section 4, sub-section (1) or sub-section (2), may, within sixty days of the publication of such order under section 3, sub-section (3), or, as the case may be, within sixty days of the date on which an order under section 4, sub-section (1) or sub-section (2), is made, prefer an appeal to [the Judicial Commissioner, Himachal Pradesh]
[See paragraph 8 of A.O. 1973.]
, and upon such appeal, he may pass such orders as he deems fit confirming, varying or reversing the order appealed for, and may pass such consequential or incidental orders as may be necessary.
### 11. Saving of prosecutions under other laws.
- Where no order under section 3 or section 4 has been made in respect of any performance, nothing in this Act shall bar a prosecution under the Indian Penal Code (Central Act XLV of 1860) (45 of 1860) or any other law.
### 12. Protection for acts done in good faith.
- No suit, prosecution or other legal proceeding shall be instituted against any authority or officer for anything which is in good faith done or intended to be done under this Act or any rule thereunder.
### 13. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) All rules made by the State Government under sub-section (1) shall, as soon as possible after they are made, be laid on the Table of the Legislative Assembly of Himachal Pradesh.
### 14. Repeal of Central Act XIX of 1876.
- The Dramatic Performances Act, 1876 (Central Act XIX of 1876) in so far as it applies to [State]
[Substituted for the words 'Union Territory' by A.O. 1973.]
of Himachal Pradesh, is hereby repealed.
### 15. Saving.
- The repeal of the Dramatic Performances Act, 1876, by section 14 shall not affect:-
(a) the previous operation of the said Act or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Act had not been repealed.
|
65b9425aab84c7eca86e8bfc | acts |
State of Uttarakhand - Act
----------------------------
Uttaranchal Service of Junior Engineers (Group 'C') Minor-Irrigation (Irrigation Department) Rules, 2003
----------------------------------------------------------------------------------------------------------
UTTARAKHAND
India
Uttaranchal Service of Junior Engineers (Group 'C') Minor-Irrigation (Irrigation Department) Rules, 2003
==========================================================================================================
Rule UTTARANCHAL-SERVICE-OF-JUNIOR-ENGINEERS-GROUP-C-MINOR-IRRIGATION-IRRIGATION-DEPARTMENT-RULES-2003 of 2003
----------------------------------------------------------------------------------------------------------------
* Published on 17 October 2003
* Commenced on 17 October 2003
Uttaranchal Service of Junior Engineers (Group 'C') Minor-Irrigation (Irrigation Department) Rules, 2003
Published vide Notification No. 249/9-1-Sin/2003, dated 17th October, 2003
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules, regulating recruitment and conditions of service of persons appointed to the Uttaranchal Service of junior Engineers, Minor-Irrigation (Irrigation Department):
Part I – General
------------------
### 1. Short title and commencement.
(1) These rules may be called the Uttaranchal Service of Junior Engineers (Group 'C') Minor-Irrigation (Irrigation Department) Rules, 2003.
(2) They shall come into force at once.
### 2. Status of Service.
- The Uttaranchal Service of Junior Engineers, Minor-Irrigation (Irrigation Department) is a State service, comprising Group "C" posts.
### 3. Definitions.
- In these rules, unless there is anything repugnant, in the subject or context,-
(a) "Appointing Authority" means an officer duly authorised by the Competent Authority;
(b) "Committee" means the Selection Committee duly constituted by the Competent Authority;
(c) "Constitution" means the Constitution of India;
(d) "Governor" means the Governor of Uttaranchal;
(e) "Government" means the State Government of Uttaranchal;
(f) "Member of the Service" means a person substantively appointed under these rules or rules or orders in force prior to the commencement of these rules to a posts in the respective cadre of the Service;
(g) "Service" means the Uttaranchal Service of Junior Engineers, Minor- Irrigation (Irrigation Department);
(h) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post, in the cadre of the Service, made after selection in accordance with the rules;
(i) "Year of recruitment" means a period of twelve months, commencing from the first day of July of a calender year;
(j) "Head of Department" means Chief Engineer and Head of Department, Chief Engineer (Level-1), Irrigation Department;
(k) "Chief Engineer" means Chief Engineer Level-2;
(l) "Circle" means Office/Institution of Superintending Engineer of Minor-Irrigation Department; and
(m) "Division" means office of equivalent institution of Executive Engineer of Minor-Irrigation Department.
Part II – Cadre
-----------------
### 4. Cadre of the Service.
(1) The strength of the Service and of each category of posts therein shall be such as given in Appendix A or as determined by the State Government from time to time :
Provided that the Governor may leave unfilled or may hold in abeyance any vacant post, without thereby entitling any person to compensation.
Part III – Recruitment
------------------------
### 5. Source of recruitment.
- Recruitment to the Junior Engineer of posts in the Service shall be made from the following sources, namely :
(A) Junior Engineer (Minor-Irrigation)/Hydrum-
(1) 75% posts shall be filled through direct recruitment from the candidates, who possess technical qualification, as in Column 5 of Appendix, in Agriculture, Civil and Mechanical cadre, from a recognized institution, having a proportion of direct recruitment of 50%, 30%, and 20% respectively.
(2) 25% posts are filled by promotion amongst such Technical/Hydrum Technician, who possess a technical qualification as in Column 5 in Appendix, and should have completed ten years of Service as on First July of the year of recruitment, through Selection Committee.
### 6. Reservation.
- Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and other Categories shall be in accordance with the orders of the Government, in force at the time of the recruitment.
Part IV – Qualifications
--------------------------
### 7. Nationality.
- A candidate for direct recruitment to a post in the Service must be-
(a) a citizen of India; or
(b) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(c) a person of Indian origin as migrated from Pakistan, Burma, Sri Lanka or any of the East-African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:
Provided also that a candidate belonging to category (b) or (c), will be expected that he obtains an eligibility certificate from Deputy Inspector General (Intelligence) or Police Department of Government:
Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service, after a period of one year, shall be subject to his acquiring Indian citizenship.
Note. - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview, he may also be provisionally appointed, subject to the necessary certificate, being obtained by him or issued in his favour.
### 8. Academic qualification.
- For direct recruitment of Junior Engineer must possess a minimum technical qualification as mentioned in Column of Appendix A.
### 9. Preferential qualification.
- A candidate who has served in the Territorial Army for a minimum period of two years, or obtained a "B" Certificate of National Cadet Corps, things being equal, will be given preference in direct recruitment.
### 10. Age.
- A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 35 years on the first day of July of the calendar year in which vacancies for direct recruitment are advertised by the Commission :
Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the State Government from time to time shall be more than by such number of years, as may be specified.
### 11. Character.
- The character of a candidate for direct recruitment must be such as to render him suitable in all respects for employment in Government service. Appointing Authority will ensure himself in this respect.
Note. - Persons dismissed by the Union Government or a State Government or by Local Authority or a Corporation or Body owned or controlled by the Union Government or State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible.
### 12. Marital status.
- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the Service :
Provided that the State Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation for the rule.
### 13. Physical fitness.
- No candidate shall be appointed to a post in the Service unless he be in good mental and physical health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required a fitness certificate from Chief Medical Officer :
Provided that a Medical Certificate of fitness shall not be required from a candidate recruited by promotion.
Part V – Procedure for Recruitment
------------------------------------
### 14. Determination of vacancies.
- The Appointing Authority shall determine the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Backward classes and other categories under Rule 6 and shall intimate to the Commission.
### 15. Procedure for direct recruitment.
(1) For direct recruitment the Head of Department shall constitute a Selection Committee as follows :
| | | | |
| --- | --- | --- | --- |
|
(i) |
Chief Engineer in-charge of the establishment
|
...
|
Chairman
|
|
(ii) |
Senior Staff Officer (H.O.D.)
|
...
|
Member
|
|
(iii) |
Superintending Engineer (Karmik) |
...
|
Organizer
|
If any member of the above Committee is not from Schedule Caste/Tribe, then a member as nominated by the Appointing Authority shall be from Schedule Caste/Tribe, who should not be below one rank.
(2) Chairman of the Committee shall invite the applications, by publishing the advertisement in the newspapers, from such candidates who possess the qualification as specified in Appendix and whose names are enrolled in the various Offices of Employment Exchange in Uttaranchal.
(3) No candidate shall be admitted to the examination unless he holds a certificate of admission issued by the Selection Committee.
(4) A Selection Committee shall conduct a written examination in the following subjects :
| | | | |
| --- | --- | --- | --- |
|
(A) |
Subjects of concern branch of engineering
|
...
|
50 Marks
|
|
(B) |
General Knowledge
|
...
|
20 Marks
|
|
(C) |
General Hindi
|
...
|
20 Marks
|
|
(D) |
Interview
|
...
|
10 Marks
|
|
|
Total
|
…
|
100 Marks
|
(5) The Committee shall invite the candidate for interview who have qualified the written examination and marks obtained in interview shall be added to marks obtained in written examination.
(6) The Selection Committee shall prepare a list in the order of their proficiency as disclosed by the aggregate of marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtained equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in the list. The number of names in the list shall be larger (but not larger by more than 25 percent) than the number of vacancies. The Selection Committee shall forward the list to the Appointing Authority.
### 16. Procedure for recruitment by promotion.
(1) Recruitment by promotion to the post of Junior Engineer shall be made on the basis of seniority, subject to rejection of unfit, in accordance with "Uttaranchal Department Promotion by Selection Committee in Consultation with (Out of Public Service Commission Procedure) Rules, 2003", as amended from time to time.
(2) The Committee shall prepare a list of the selected candidates in accordance with the seniority and submit to the Head of Department.
### 17. Combined Select List for the post of Junior Engineer.
- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined list shall be prepared by taking the names of candidates from the relevant lists in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.
Part VI – Appointment, Probation, Confirmation and Seniority
--------------------------------------------------------------
### 18. Appointment.
(1) Subject to the provisions of sub-rule (2), the Appointing Authority shall make appointment by taking the names of candidates, in the order, in which they stand, in the lists, prepared under Rules 15,16 or 17 as the case may be.
(2) Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selection is made from both the sources and a combined list- is prepared in accordance with Rule 17.
(3) If more than one orders of appointment are issued in respect of any one selection a combined order shall also be issued, mentioning the names of the persons in order of seniority, as determined in the selection or as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order, referred to in Rule 17.
### 19. Probation.
(1) A person substantively appointed to a post in the Service shall be placed on probation for a period of two years.
(2) The Appointing Authority may, for reasons to be recorded, extend the period of probation, in individual cases, specifying the date up to which the extension is granted :
Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and on no circumstances beyond two years.
(3) If, it appears to the Appointing Authority, at any time during or at the end of the period of probation or extended period of probation, that a probationer has not made sufficient use of his opportunities or has otherwise failed to satisfy, he may be reverted to substantive post, if any, and if is not holding a lien on any post, his services may be dispensed with.
(4) A probationer, who is reverted to substantive post or whose services are dispensed with under sub-rule (3), shall not be entitled to any compensation.
### 20. Confirmation.
- A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-;
(a) he has been successful at departmental exam;
(b) he has been successfully completed the training;
(c) his work and conduct is reported to be satisfactory;
(d) his integrity is certified; and
(e) the Appointing Authority is satisfied that he is otherwise fit for confirmation.
### 21. Seniority.
- The Seniority of persons substantively appointed in any category of posts shall be determined in accordance with the "Uttaranchal Government Servants Seniority Rules, 2000", as amended from time to time.
Part VII – Pay etc.
---------------------
### 22. Scales of pay.
- The scales of pay admissible to a person, appointed to a post in the cadre of the Service, shall be such as may be determined by the State Government from time to time.
### 23. Pay during probation.
(1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government Service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory Service, including period of training and has passed the departmental examination and second increment after two years satisfactory Service, where he has completed the probationary period and is also confirmed :
Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment, unless the Appointing Authority directs otherwise.
(2) The pay during probation of a person who was already holding a post, under the Government shall be regulated by the relevant Fundamental Rules.
Part VIII – Other Provisions
------------------------------
### 24. Canvassing.
- No recommendations, either written or oral, other than those required under the rules applicable to the post or Service, will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
### 25. Regulation of other matters.
- In regard to the matters, not specifically covered by the rules or special orders, persons appointed to the Service shall be governed by the rules, regulations and orders, applicable generally to Government Servants serving in connection with the affairs of the State.
### 26. Relaxation from the conditions of Service.
- Where the State Government is satisfied that the operation of any rule, regulating the condition of Service of person appointed to the Service causes undue hardship in any particular case, it may in consultation with the Commission notwithstanding anything contained in the rules applicable to the case, by order dispense with or relax the requirement of that rule, to such extent and subject to such conditions, as it may consider necessary for dealing with the case, in a just and equitable manner:
Provided that where a rule has been framed in consultation with the Commission that Commission shall be consulted before the requirement of the rules are dispensed with or relaxed.
### 27. Savings.
- Nothing in these rules shall affect reservation and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other Special Categories of Persons in accordance with the orders of the Government issued from time to time in this regard.
Appendix A
[See Rule 5 (A) and 8]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of post
|
Pay scale
|
No. of post
|
Technical Qualification
|
|
1.
|
Junior Engineer (Minor Irrigation)
|
5,000-8,000
|
125
|
1. Three years diploma in
Agriculture, Civil or Mechanical Engineering from a Recognized
Institute.
2. National certificate in Agriculture, Civil or Mechanical
degree from National Institute of Technical Education.
|
|
65ba0689ab84c7eca86ea7f9 | acts |
State of Andhra Pradesh - Act
-------------------------------
The Andhra Pradesh Members Of Police Force (Regulation Of Transfers) Act, 1985.
---------------------------------------------------------------------------------
ANDHRA PRADESH
India
The Andhra Pradesh Members Of Police Force (Regulation Of Transfers) Act, 1985.
=================================================================================
Act 9 of 1985
---------------
* Published in Gazette 9 on 8 April 1988
* Assented to on 8 April 1988
* Commenced on 8 April 1988
The Andhra Pradesh Members Of Police Force (Regulation Of Transfers) Act, 1985.
[Act No. 9 of 1985]
[8th April, 1988]
An Act to regulate the transfer of persons appointed to Police Force in the State of Andhra Pradesh.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Thirty-sixth Year of the Republic of India as follows:—
### 1. Short title, application and commencement
(1) This Act may be called the Andhra Pradesh Members of Police Force (Regulation of Transfers) Act, 1985.
(2) It shall apply to persons appointed to police force, whether appointed before or after the commencement of this Act.
(3) It shall be deemed to have come into force on the 11th October, 1984.
### 2. Definitions
In this Act, unless the context otherwise requires,—
(a) 'Government' means the State Government of Andhra Pradesh;
(b) 'police force' means the police force constituted under the Hyderabad City Police Act, 1348 F (Act IX of 1348 F.), the Andhra Pradesh (Andhra Area) District Police Act, 1859 and the Andhra Pradesh (Telangana Area) District Police Act, 1329F (Act XXIV of 1859 Act X of 1329 F.). or any other law relating to police force;
(c) 'prescribed' means prescribed by rules made under this Act.
### 3. Regulation of transfer of members of police force
(1) Notwithstanding anything in any law for the time being in force, a member of the police for the time being in force, a member of the police State of Andhra Pradesh.
(2) The Government may make rules for the regulation of transfer of members of police force from one part of the State to another part within the State of Andhra Pradesh by such authority as may be prescribed.
### 4. Power to make rules
(1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry¬out the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette, have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 5. Repeal of Ordinance 29 of 1984
The Andhra Pradesh Members of Police Force (Regulation of Transfers) Ordinance, 1984, is hereby repealed.
|
65bad759ab84c7eca86ec968 | acts |
State of Jharkhand - Act
--------------------------
Bihar District Boards & Municipal Preparation of Electoral Rolls & Conduct of Elections (Barring of Courts Jurisdiction) Act, 1951
------------------------------------------------------------------------------------------------------------------------------------
JHARKHAND
India
Bihar District Boards & Municipal Preparation of Electoral Rolls & Conduct of Elections (Barring of Courts Jurisdiction) Act, 1951
====================================================================================================================================
Act 36 of 1951
----------------
* Published on 30 November 1951
* Commenced on 30 November 1951
Bihar District Boards & Municipal Preparation of Electoral Rolls & Conduct of Elections (Barring of Courts Jurisdiction) Act, 1951
Act
36 of 1951
For Statement of Objects and Reasons please see the Bihar Gazette, 1951, Part V, P 818.
President's assent published in the Bihar Gazette, (Extraordinary) of the 30th November, 1951
An Act to modify the provisions of the Bihar and Orissa Local Self Government Act of 1885 and the Bihar and Orissa Municipal Act, 1922, so as to bar the jurisdiction of courts in all matters appertaining to the preparation of electoral rolls of electoral circles of District Boards or wards of Municipalities and conduct of elections thereto.
Whereas it is expedient to modify the provisions of the Bihar and Orissa Local Self-Government Act of 1885 and the Bihar and Orissa Municipal Act, 1922, so as to bar jurisdiction of courts in all matters appertaining to the preparation of electoral rolls of electoral circles of District Boards or wards of Municipalities and conduct of elections thereof;
It is hereby enacted as follows :-
### 1. Short title.
- This Act may be called the Bihar District Boards and Municipal Preparation of Electoral Rolls and Conduct of Elections (Barring of Courts Jurisdiction) Act, 1951.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "executive" in relation to a District Board or of a Municipality means the Chairman or Vice-Chairman of a District Board or of a Municipality, as the context in each case may require and include the President of a Municipality; and
(b) all words and expressions used in this Act and not defined have the meanings respectively assigned to them in the Bihar and Orissa Local Self-Government Act of 1885 and the Jharkhand Municipal Act, 2000, and the rules made under clause (a) of Section 138 of the first mentioned Act and Sections 15 and 19 of the second mentioned Act.
### 3. Bar of jurisdiction of Courts in all matters appertaining to preparation of electoral rolls of electoral circles of District Boards and wards of Municipalities and conduct of elections thereto.
- Notwithstanding anything contained in any law for the time being in force no election of a member of a District Board or a Commissioner of a Municipality or of an executive shall be called in question except under the procedure provided by the Bihar and Orissa Local Self-Government Act of 1885 or the Jharkhand Municipal Act, 2000 or any rules made thereunder and no Court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for an electoral circle of a District Board or a ward of a Municipality, or
(b) to question the legality of any action taken by or under the authority of a registration officer or of any decision given by any authority appointed by or under any such enactment for the revision of any such roll, or
(c) to question the legality of any action taken or of any decision given by a returning officer or by any other person appointed by or under any such enactment in connection with the election; or
(d) to question the legality of any action taken or any decision given by any presiding officer at a meeting held in connection with the election of the executive, and no Court shall grant an injunction-
(i) to postpone an election of a member or Commissioner or an executive, as the case may be, or
(ii) to prohibit a person, declared to have been duly elected under any such enactment, from taking part in the proceedings of the District Board or Municipality of which he has been elected a member or Commissioner or an executive, as the case may be, or
(iii) to prohibit a member or Commissioner formally elected to District Board or Municipality, as the case may be, or an executive elected by such Board or Municipality from entering upon his duties.
### 4. Amendment of Section 19 of the Bihar and Orissa Municipal Act, 1922.
- In Section 19 of the Bihar and Orissa Municipal Act, 1922 after the word "Commissioners", the words "the Chairman, Vice-Chairman and the President" shall be inserted.
|
65b9b0faab84c7eca86e9a02 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Public Service Commission (Gazetted Staff) Service Rules and Regulations, 1991
------------------------------------------------------------------------------------------
RAJASTHAN
India
Rajasthan Public Service Commission (Gazetted Staff) Service Rules and Regulations, 1991
==========================================================================================
Rule RAJASTHAN-PUBLIC-SERVICE-COMMISSION-GAZETTED-STAFF-SERVICE-RULES-AND-REGULATIONS-1991 of 1991
----------------------------------------------------------------------------------------------------
* Published on 8 January 1991
* Commenced on 8 January 1991
Rajasthan Public Service Commission (Gazetted Staff) Service Rules and Regulations, 1991
Published vide Notification No. No.F.8(1) DOP/A-2/75, dated 8.1.1991
Notification No. No.F.8(1) DOP/A-II/75. - In exercise of the powers conferred by the proviso to Article 309 read with clause (b) of Article 318 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules and regulation regulating the recruitment of the Gazetted Staff to the Rajasthan Public Service Commission and making provision with respect to their conditions of Service, namely:-
Part-I General
### 1. Short title and commencement.
(1) These rules and regulations may be called the Rajasthan Public Service Commission (Gazetted Staff) Service Rules and Regulations, 1991.
### 2. They shall come into force from the date of their publication in the Rajasthan Rajpatra.
### 2. Definitions. - In these rules and regulations, unless the context otherwise requires:
(a) "Commission" means the Rajasthan Public Service Commission;
(b) "Committee" means the Committee referred to in rule 10;
(c) "Governor" means the Governor of the State of Rajasthan.
(d) "Government" means the Government of Rajasthan.
(e) [ "Member of the Service" means a person appointed to a post in the service on the basis of regular selection under the provisions of these rules or the rules or order superseded by these rules.]
[Substituted vide Notification dated 10.10.02 for-'Member of the Service' means a person appointed in a substantive capacity to a post in the service under the provisions of these Rules and Regulations.]
(f) "Probation" means an appointment on trial;
(g) "Qualifying Service" means service rendered on the post/posts from which promotion is made, reckoned from the date of appointment/promotion after regular selection by any of the methods of recruitment prescribed under these rules and does not include service rendered on Urgent/Temporary basis under rule 14;
Note:- Absence during service for training or other \*purposes treated as duty under the RSR, 1951 and leave, except extra-ordinary leave and deputation, on similar nature of posts with prior sanction of the competent authority, shall also be counted as service for computing the qualifying service required for promotion.
(h) "Service" means the Rajasthan Public Service Commission Service;
(i) "State" means the State of Rajasthan;
(j) "Schedule" means the Schedule appended to these Rules and Regulations;
(k) "Substantive appointment" means an appointment made under the provisions of these rules and regulations to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these rules and regulations and includes an appointment on probation or as a probationer followed by confirmation on the completion of the probationary period;
(l) "Secretary" means the person appointed as such and includes a person performing for the time being the duties of the Secretary to the Commission and
(m) "Year" means the financial year.
### 3. Interpretation.
- Unless the context otherwise requires the Rajasthan General [Clauses\*]
[Substituted for- 'Clause' vide corrigendum dated 31.10.92.]
Act, 1955 (Rajasthan Act VIII of 1995) shall apply for the interpretation of these Rules and Regulations as it applies for the interpretation of a Rajasthan Act.
Part-II Cadre
### 4. Composition and strength of the service.
(1) The nature of the posts included in the service shall be as specified in column 2 of the Schedule.
(2) The strength of posts of the Service shall be such as may be determined by the Governor from time to time:-
Provided that the Governor:-
(a) May create any post, permanent or temporary, from time to time, as may be found necessary and may abolish or allow to lapse any such post in the like manner without thereby entitling any person to any compensation.
(b) May leave unfilled or hold in abeyance any post, permanent or temporary, from time to time, without thereby entitling any person to any compensation.
### 5. Constitution of the Service.
- The service shall consist of :-
(a) All persons holding substantively the posts specified in the Schedule;
(b) All persons recruited to the service before the commencement of these rules and regulations; and
(c) All persons recruited to the service in accordance with the provisions of these rules and regulations.
PartIII Recruitment
### 6. Method of recruitment.
- Recruitment to the Service after the commencement of these rules and regulations shall be made by promotion/accordance with Part-IV of these rules and regulations.
Provided that the Secretary to the Commission shall be appointed by the Commission with the approval of the Governor by selecting an officer belonging to IAS for such term as may be determined by the Governor in consultation with the Commission.
### 7. Notwithstanding anything contained in these rules and regulations, the recruitment, appointment, promotion, seniority and confirmation etc. of a person who joins the Army/Air Force/Navy during an Emergency shall be regulated by such orders and instructions as may be issued by the Government from time to time provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.
### 8. [ Reservation of Vacancies for the Scheduled Castes and the Scheduled tribes.
[Subsituted for Vide Notification dated. 10.10.02.]
(1) Reservation of vacancies for the scheduled castes and the scheduled tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment or by promotion.]
(2) The vacancies so reserved for promotion shall be filled in by seniority-cum merit and merit.
(3) In filling the vacancies so reserved the eligible candidate who are members of the Scheduled castes and the Scheduled Tribes, shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Commission/Appointing Authority, as the case may be and the Departmental promotion Committee/Appointing Authority, as the case may be, into the case of promotes, irrespective of their relative rank as compared with other candidates.
(4) Appointment shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion.
[(4A)
In the event of non-availability of the eligible and suitable candidates amongst the Scheduled castes and the scheduled tribes, as the case may be, for direct recruitment, in a particular year, the vacancies so reserved for them shall be carried forward to the subsequent three recruitment years. After the expiry of three recruitment years, such carried forward vacancies shall be filled in accordance with the normal procedure.
Provided that if recruitment is not held in any recruitment year, such recruitment year shall not be counted for the purpose of this sub-rule:
Provided further that filling up of the vacancies in accordance with the normal procedure under this sub-rule shall not affect the reservation of posts as per the post based roster and vacancies on the reserved posts available in the roster may be filled in from amongst the persons belonging to the Scheduled Castes or Schedule Tribes, as the case may be, for which such vacancy is available in subsequent years.
(4B)
In the event of non-availability of the eligible and suitable candidates for promotion amongst the Scheduled Castes and Schedules Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be carried forwarded until the suitable Scheduled Castes and the Scheduled Tribes candidate(s) , as the case may be, are available in any circumstances no vacancy reserved for Scheduled Castes and the Scheduled Tribes candidates shall be filled by promotion from General category candidates. In exceptional cases, where in the public interest the Appointing Authority feels that it is necessary to fill up the vacant reserved post(s) by promotion from the General category candidates on urgent temporary basis, the Appointing Authority may make a reference to the Department of Personnel and after obtaining prior approval of the Department of Personnel, they may fill up such post(s) by promoting the General category candidates(s) on urgent temporary basis clearly stating in the promotion order that the General category candidate(s) who are being promoted on urgent temporary basis against the vacant post reserved for Schedule Castes and the Scheduled Tribes candidates, as the case may be, shall have to vacate the post as and when the candidate(s) of the category become available:
Provided that there shall be no carry forward of the vacancies in posts or class/category/group of posts in any cadre of Service to which promotions are made on the basis of merit alone, under these rules.]
[Substituted vide Notification dated 17-01-13.]
### 9. Determination of vacancies.
(1) Subject to the provisions of these rules, the Commission shall determine as on 1st April every year, the actual number of vacancies occurring during the financial year.
(2) The Commission shall also determine the vacancies of earlier years, year wise which are required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.
Part-IV Procedure for Recruitment by Promotion
### 10. Constitution of the Committee.
- The Committee shall consist of the following:-
| | | |
| --- | --- | --- |
|
(i) |
The Chairman of the Commission Or a Member
nominated by him.
|
Chairman
|
|
(ii) |
[The Secretary to the Government in the Department of
Personnel or his representative not below the rank of Deputy
Secretary to the Government in the Department of personnel. [[Substituted for Vide notification dated
27.09.2000.]]
|
Member]
|
|
(iii) |
Secretary to the Commission
|
Member-Secretary
|
Provided that in case any officer constituting the Committee has not been appointed to the post concerned, the officer holding the charge of the post for the time being shall be the Member or Member-Secretary, as the case may be, of the Committee.
### 11. [ Restriction of promotion of persons foregoing promotions.
[Substituted for vide notification dated 05.08.1998.]
- In case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendation of the Departmental Promotion Committee, forgoes such an appointment through his written request and if the concerned Appointing Authority accepts his/her request, the person concerned shall be debarred from consideration for promotion (both on the basis of urgent, temporary appointment or on regular basis) for subsequent two recruitment years for which the Departmental Promotion Committee is held and the name of such person who forgoes promotion shall not be included in seniority-sum-eligibility list to be placed before the Departmental Promotion Committee for subsequent two recruitment years.]
### 12. Eligibility, Criteria and procedure for promotion.
(1) As such as it is decided that a certain number of posts are required to be filled by promotion, the Secretary to the Commission shall, subject to the provisions of sub-rule (7) [prepare a correct and complete list containing names of all persons who are qualified under these rules for promotion to the class of posts concerned, in order of seniority.]
[Substituted vide corrigendum dated 31-10-92.]
(1A)
[ No person shall be consider for promotion for 5 recruitment years from the date on which his promotion becomes due, if he/she has more than two children on or after 1st June, 2002.
Provided that the person having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June, 2002, does not increase.
Provided further that where a Government Servant has only one child from the earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.]
[Added vide Notification NO. F.7(1) DOP/A-2/95, Dated 20.06.2001.]
(2) The person holding the posts enumerate in Col. 6 of the Schedule shall be eligible for promotion to posts specified in Column 2, subject to their possessing the minimum qualifying service on the first day of April of the year for which selection is being made as specified in Col 7 of the Schedule.
(3) [ No person shall be considered for first promotion in the service unless he is regularly selected on the lower post in the service in accordance with one of the methods of recruitment prescribed under the provisions of these rules.]
[Substituted for Vide Notification dt. 17-12-04.]
(4) [ Selection for promotion on the post included in the service shall be made on the basis of seniority-cum-merit.
Provided that the post of Senior Deputy Secretary shall be filled in by promotion from amongst Deputy Secretary (Exam) / Deputy Secretary/Controller of Examination promoted from Assistant Secretaries and Private Secretaries in proportion of 3:2 and the post of Deputy Secretary (Exam)/ Deputy Secretary/Controller of Examination shall be filled in by promotion from amongst Assistant Secretaries and Private Secretaries in proportion of 3:2.
Provided further that separate seniority list of Deputy Secretary (Exam) / Deputy Secretary/Controller of Examination promoted from Assistant Secretaries & Private Secretaries shall be maintained for the purpose of promotion to the post of Senior Deputy Secretaries.
Provided also that separate seniority list of Assistant Secretaries & Private Secretaries shall be maintained for the purpose of promotion to the post of Deputy Secretaries.]
[Substituted vide notification dated 17.12.04.]
Provided that for promotion to the post of [Deputy Secretary/controller of Examinations]
[Substituted for the word 'Deputy Secretary' vide Notification No. F. 8(1) 2008 dated 13.10.2008 w.e.f. 29.10.05.]
eligible persons from different categories of post carrying identical scale of pay shall be considered in the proportion of the lower posts from which promotion is to be made. The seniority interse for promotion shall be determined on the basis of length of qualifying service. If the length of service is the same, Asstt. Secretary shall be senior to Private Secretary.
[Provided also that while counting the total number of children of a candidate the child born from earlier delivery and having disability shall not be counted.]
[Proviso added vide Notification dated 24.02.11.]
[Proviso to Sub-rule (5) Deleted]
[Deleted to Sub-rule (5) for vide notification dated 18.02.98.]
(5) [ Deleted]
[Deleted Vide Notification dated 18.02.98.]
(6) [ Deleted]
[Deleted for Vide Notification dated 17.12.04.]
(7) The zone of consideration of persons eligible for promotion shall be as under:-
| | | |
| --- | --- | --- |
|
(i) |
Number of vacancies
|
Number of eligible persons to be considered
|
|
(a) for one vacancy
|
Five eligible persons
|
|
(b) for two vacancies
|
Eight persons.
|
|
(c) for three vacancies
|
Ten eligible persons.
|
|
(d) for four vacancies and above
|
Three times the number of vacancies.
|
(ii) Where, the number of eligible persons for promotion to higher post is less than the number specified above, all the persons so eligible shall be considered.
(iii) Where, adequate number of the candidates belonging to the SC/ST as the case may be are not available within the zone of consideration specified above, the zone of consideration may be extended to [seven]
[Substituted for 'Five' vide notification dated 07.04.03.]
times the number of vacancies and the candidates belonging to the SC/ST as the case may be, (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.
### 8. [ (a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these rules, and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit as per the criteria for promotion laid down in these rules, equal to the number of vacancies determined under rule relating to "Determination of vacancies" of these rules. The list so prepared on the basis of seniority-cum-merit shall be arranged in the order of seniority in the category of posts from which selection is made. (b)
The Committee may also prepare a separate list on the basis of seniority-cum-merit as per the criteria for promotion laid down in the rules, containing names of persons not exceeding the number of persons selected in the list prepared under(a) above to fill temporary or permanent vacancies which may occur subsequently. The list so prepared on the basis of seniority-cum-merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such lists shall remain in force till the end of the last day of the year for which the meeting of the committee is held.]
(c) Such lists shall be sent to the Commission together with Annual Confidential Reports/Annual Performance Appraisal Reports and other Service record of all the candidates included in the lists as also of those not selected, if any;
[Deleted]
[Deleted vide Notification 17.12.04.]
### 9. If in any subsequent year, after promulgation of these rules vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to determination of vacancies which were required to be filled by promotion, the D.P.C. shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which the meeting of the D.P.C. is held and such Promotion shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him. (9A)
[ After obtaining the approval of the Commission, the Secretary may order for the review of the proceedings of the DPC held earlier on account of same mistake or error, apparent on the face of record or on account of a factual error substantially affecting the decision of the DPC or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, judgement/direction of any Court or Tribunal, or where adverse entries in the Confidential Reports of an individual are expunged or toned down or a punishment inflicted on him is set aside or reduced.]
[Added vide Notification dated 27.09.2000 w.e.f 20.02.2000.]
(10) Appointments shall be made by the Commission after their approval of the recommendations of the Committee taking persons out of the lists finalized under the preceding sub-rule (8) in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised, as the case may be.
(11) The Government may issue instructions for provisionally dealing with promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension or against whom departmental proceeding is under progress, at the time promoters are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings and the instructions issued in this behalf by the Government for dealing with the cases of Government servants shall mutatis mutandis be applied to this service.
Part V Appointment, Seniority, Probation And Confirmation
### 13. Appointments to the Service.
- Subject to the provision of rule 8, appointments to posts in the service shall be made by the Commission in accordance with the procedure laid down in rule 12.
### 14. Urgent temporary appointment.
(1) A vacancy in the Service, which can not be filled in immediately by promotion under the rules and regulations may be filled in by the Commission by appointing in an officiating capacity thereto an officer eligible for appointment to the posts by promotion under the provisions of these rules and regulations:
Provided that such an appointment will not be continued beyond a period of one year without the approval of the Governor.
(2) In the event of non-availability of suitable persons fulfilling the requirements of eligibility for promotion required under sub-rule (1) above, the general instructions issued by the Government, shall mutatis mutandis be applied to this service, regulating permission to fill the vacancies on urgent temporary basis from amongst the Government servants and regarding their pay and other allowances etc.
### 15. [
[Substituted vide notification dated 10.10.02.]
Seniority of persons appointed to the post encadred in the service shall be determined from the date of appointment on the post after regular selection in accordance with the provisions of these rules.
Appointment on adhoc or Urgent temporary basis shall not be deemed to be appointment after regular selection.]
[Substituted for Vide Notification dated 17.12.04.]
[Proviso deleted]
[Inserted vide notification dated 28.12.2002 and deleted vide notification dated 28.12.02 w.e.f. 01.04.97.]
[Proviso deleted]
[Provided that a candidate who has got the benefit of proviso inserted vide Notification No. F.7(1) DOP/A-2/96 dated 01-04-97.]
[Provided that reservation for Scheduled Castes and Scheduled Tribes employees, with consequential seniority shall continue till the roster points are exhausted; and adequacy of promotion is achieved.]
[new proviso added vide Notification dated 11.09.11.]
One the roster points are complete the theory of replacement shall thereafter be exercised in promotion whenever vacancies earmarked for Scheduled Castes/Scheduled Tribes employees occur.
If on the application of these provisions the Scheduled Castes/ Scheduled Tribes employees who had been promoted earlier and are found in excess of the adequacy level, shall not be reverted and shall continue on ad-hoc basis, and also any employee who had been promoted in pursuance to Notification No.F.7(1) DOP/A-II/96 dated 1.4.1997 shall not be reverted.
Notification NO. F.7(1) DOP/A-II/96 dated 1.4.1997 shall be deemed to have been repealed w.e.f. 1.4.1997
Explanation: - Adequate representation means 16% representation of the Scheduled Castes and 12% representation of the Scheduled Tribes in accordance with the roster point.
### 16. Probation.
- All persons appointed to the lowest post in the service by promotion shall be on probation for a period of one year.
Provided that such of them as have previous to their appointment by promotion officiated temporarily on the post which is followed by regular selection may be permitted by the Commission to count such officiating, or temporary service towards the period of probation. This shall, however not amount to involve suppression, of any senior person or disturb the order of their preference:
Provided further that any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.
### 17. Unsatisfactory progress during probation.
(1) If it appears to the Commission at any time during or at the end of the period of probation that a member of the service has not made sufficient use of his opportunities or that he has failed to give satisfaction, the Commission with the approval of the Governor may revert him to the post held substantively by him immediately preceding his appointment provided he holds a lien thereon or in other cases may discharge him from Service:
Provided that the Commission may, if it so thinks fit in any case or class of cases, extend the period of probation of any member of the service by a specified period not exceeding one year:
Provided further that the Commission may, if it so thinks fit in case of person belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, extend the period of probation by a period not exceeding one year at a time and total extension not exceeding two years.
(2) Notwithstanding anything contained in the above proviso during the period of probation, if a probationer is placed under suspension or disciplinary proceedings are contemplated or started against him, the period of his probation may be extended till such period as the Commission thinks fit in the circumstances.
### 18. Declaration of satisfactory completion of probation etc.
- At the end of the prescribed or extended period of probation, as the case may be, the Commission shall consider the suitability of the probationer to hold the post to which he was appointed and:-
(a) If it decides that the probationer is suitable to hold the post to which he was appointed and has passed the examination or tests, if any required to be passed during the period of probation, it shall, as soon as possible, issue an order declaring the probationer to have satisfactory completed his probation and such an order shall have effect from the date of the expiry of the prescribed, or extended period of probation.
(b) A probationer shall not be considered to have satisfactorily completed the probation unless a specific order to that effect is passed.
### 19. Confirmation.
- A person placed on probation, shall be confirmed in his appointment at the end of his period of probation, if the Commission is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.
Part-VI Pay
### 20. Scale of Pay.
- The scales of pay attached to the posts in the service shall be such as may be sanctions by the Government from time to time for corresponding posts in the Secretariat as may be admissible under the rules referred to in rule 22 or as may be ordered by the Governor from time to time.
### 21. Increments during probation.
- A person placed on probation shall draw increments in the scale of pay admissible to him in accordance with the provisions of the Rajasthan Service Rules, 1951.
### 22. Regulations of Pay, Leave, Allowances, Pension etc.
- Except as provided in these, rules the pay allowances, pension, leave and other conditions of service of a member of the Service shall be regulated by:-
### 1. The Rajasthan Civil Service (Unification of Pay Scales) Rules, 1950, as amended from time to time; ###
2. The Rajasthan Service Rules, 1951 as amended from time to time;
### 3. The Rajasthan Civil Services (Rationalisation of Pay Scales) Rules, 1956 as amended from time to time. ###
4. The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended from time to time;
### 5. The Rajasthan Civil Services (Revised Pay Scales) Rules, 1961 as amended from time to time; ###
6. The Rajasthan Civil Services (New pay Scales) Rules, 1969 as amended from time to time;
### 7. The Rajasthan Civil Services (Revised New Pay Scales) Rules, 1976, as amended from time to time; ###
8. The Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 as amended from time to time.
### 9. The Rajasthan Civil Services (Revised Pay Scales) Rules, 1987 as amended from time to time. ###
10. The Rajasthan Travelling Allowance Rules, 1971 as amended form time to time.
### 11. The Rajasthan Civil Services (Conduct) Rules 1971. ###
12. Any other rules prescribing general conditions of service made by the appropriate authority under the proviso to Article 309 of the Constitution of India, and for the time being in force.
### 23. Disciplinary Authorities.
(1) In respect of disciplinary matters the procedure laid down in the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as far as may be, shall be followed, before an order imposing any of the penalties specified therein is passed.
(2) In the case of the Secretary or any other Officer if he is not a member of the Rajasthan Public Service Commission Service the Authority of the Service of which he is a member will be the disciplinary Authority. If he is member of the Service the disciplinary Authority shall be as shown in sub-rule (3) below.
(3) The disciplinary Authorities in respect of the Secretary if he is a member of the Service and other Gazetted staff of the Commission shall be as below:-
| | | | |
| --- | --- | --- | --- |
|
S.No.
|
Name of the post
|
Disciplinary Authority
|
Reviewing Authority
|
|
1
|
Secretary
|
|
|
|
1A.
|
Senior Deputy Secretary
|
Chairman of the Commission or a member thereof
nominated by him.
|
Governor
|
|
2
|
Deputy Secretary (Exams) |
Chairman or a member nominated by the Chairman
|
Governor
|
|
3
|
Deputy Secretary
|
|
3A.
|
[Controller of Examination]
[Inserted vide notification no. F.8(1) 2008/dated 13.10.2008 w.e.f. 29.10.05.]
|
|
4
|
Assistant Secretary
|
|
5
|
Private Secretary
|
|
6
|
Section Officer
|
|
7
|
[Deleted]
[Deleted vide notification dated 12.04.93 w.e.f. 20.02.92 'Selection Grade Stenographer.']
|
Note:- The penalty of removal or dismissal from service shall be imposed with the approval of the Governor. The minor penalty shall be imposed by the Secretary in respect of posts mentioned at S. No. 4, 5 and 6.
### 24. Removal of Doubts.
- If any doubt arises relating to the application, interpretation and scope of these rules, the decision of the Commission shall be final.
### 25. Repeal and Savings.
- All rules and orders in relation to matters covered by these rules and regulations in force immediately before the commencement of these rules and regulations are hereby repealed.
Provided that any action taken under the rules and regulations and orders so superseded shall be deemed to have been taken under the provisions of these rules and regulations.
### 26. [ Power to relax rules and regulations.
[Added vide notification dated 30.07.09.]
- In exceptional cases where Commission is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case and is of the opinion that it is necessary or expedient to relax any of the provisions of these rules and regulations with respect to age or experience of any person, it may with the concurrence of the Department of Personnel (A-gr.II), by orders dispense with or relax the relevant provisions these rules and regulations to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner. Provided that such relaxation shall not be less favorable than the provisions already contained in these rules and regulations.
Provided that relaxation in the prescribed period of service or experience under this rule shall only be granted to the extent of 1/3 period of the service or experience prescribed for promotion to any post before holding the meeting of the Departmental Promotion Committee.]
Schedule
----------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S.No.
|
Name of the Post
|
Method of recruitment with percentage
|
Direct recruitment
|
Promotion
|
Remarks
|
|
Direct recruitment
|
Promotion
|
Qualification and Experience
|
Post from which to be made
|
Qualification & experience
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
A-I Administrative Wing:
|
|
1. [
|
Senior Deputy Secretary
|
-
|
100.00%
|
-
|
1. Deputy Secretary (Exam) /-2. Deputy
Secretary/Controller of Examination
|
30 Years experience in all including R.P.S.C.
Ministerial Service
|
]
|
|
2. [
|
Deputy Secretary (Exam) /-[Deputy Secretary/Controller of
Examination]
|
-
|
100.00%
|
-
|
1.Assistant Secretary2. Private Secretary
|
3 Years qualifying service on the posts
mentioned in col.6
|
]
|
|
\* 2 3.
|
Assistant Secretary
|
-
|
100.00%
|
-
|
Section Officer
|
3 years qualifying service on the post mentioned
in Col. 6
|
|
|
\* 3 4.
|
Section Officer
|
-
|
100.00%
|
-
|
[Assistant Section officer]
|
2 Years qualifying service on the post mentioned
in Col.6
|
|
|
A-II-Personnel Staff Wing:
|
|
1
|
Private Secretary
|
-
|
100.00%
|
-
|
[Additional Private Secretary]
[Substituted by Notification No. F.(2) DOP/A-II/2006, dated 15.2.2013-Rajasthan Gazette Extra Part 4(C)(I), dated 15.2.2013, page 187(2), G.S.R. 114.]
|
3 Years qualifying service on the post mentioned
in Col. 6
|
|
Note:- For purpose of promotion to the post of Deputy Secretary, inter-se-seniority of Assistant Secretary and Private Secretary shall be determined from the date of their regular appointment to the posts. If the determined date of appointment is the same, persons appointed as Assistant Secretaries shall be senior to Private Secretary.
|
65ba1e14ab84c7eca86eaa5b | acts |
State of Maharashtra - Act
----------------------------
The Protection of Pilgrims Act, 1887
--------------------------------------
MAHARASHTRA
India
The Protection of Pilgrims Act, 1887
======================================
Act 02 of 1887
----------------
* Published in Gazette 02 on 4 June 1887
* Assented to on 4 June 1887
* Commenced on 4 June 1887
The Protection Of Pilgrims Act, 1887
[4th June, 1887.]
Act No. 02 of 1887
An Act to provide for the protection of pilgrims at the ports of Bombay and Karachi.
WHEREAS it is expedient to provide for the protection of pilgrims at the ports of Bombay and Karachi;
It is hereby enacted as follows: —
### 1. Short title.—
This Act may be cited as “The Protection of Pilgrims Act, 1887”.
Extent – It extends only to the city and port of Bombay.
### 2. Definitions.—
In this Act—
(a) “pilgrim” means a Muhmmadan who is about to proceed from the port of Bombay on a pilgrimage to the Hedjaz, whether he is going direct to Jeddah, or via any other part;
(b) “pilgrim-broker” means a person who buys and resells, or sells on commission, or takes any reward for the purchase or sale of passage-tickets for pilgrims;
(c) “agent” includes a person who has chartered a vessel for the conveyance of pilgrims;
(d) “commissioner” means the Commissioner of Police, Bombay, or his deputy.
### 3. Penalty for acting as a pilgrim broker without license.—
Any person who, without a license from the Commissioner, acts as a pilgrim-broker shall be liable for each such offence to a fine which may extend to five hundred rupees.
### 4. Persons may be licensed to act as pilgrim-brokers.—
Subject to the orders of the Central Government, the Commissioner may grant to such persons as he thinks fit licenses to act as pilgrim-brokers.
### 5. License what to specify.—
Every license so granted shall specify—
(a) the name and business address of the licensee;
(b) the period for which it is to be in force;
(c) the conditions on which, and the restrictions and limitations subject to which, it is granted;
and shall be granted on payment to the Central Government of such fee, if any, as that Government may from time to time direct:
Provided that, until provision to the contrary is made by the Parliament by law, all such fees shall be payable to the State Government under this section as were being lawfully taken thereunder immediately before the commencement of the Constitution.
### 6. Penalty for misbehavior of licensed pilgrim broker.—
Any licensed pilgrim-broker who shall—
(a) commit a breach of any of the terms or conditions of his licence;
(b) purchase for or sell to any pilgrim a passage-ticket by any vessel to which the provisions of the Pilgrim Ships Act, 1895, apply, at any time before notice has been given by the master, owner or agent of such vessel, under section of the said Act, of the date on which it is proposed that such vessel shall sail, and unless, in the case of any vessel the proposed date of sailing is printed on the passage-ticket;
(c) charge a pilgrim more than the cost price of any passage-ticket, provisions or other articles purchased for him, or receive from him any fee or commission on account of such ticket;
(d) receive from the master, owner or agent of a vessel any fee or commission in respect of the sale of any ticket, exceeding five per centum of the price of such ticket;
(e) purchase for any pilgrim a passage-ticket, on which there is not printed the price charged by the master, owner or agent of the vessel for each class of accommodation;
(f) by fraud or by false representation as to the size of, or accommodation, on board, such vessels, or otherwise, or by any false pretence whatever, induce any person to purchase a passage-ticket;
shall be liable for each such offence to a fine which may extend to five hundred rupees.
### 7. Power to suspend and cancel licenses.—
The Commissioner may suspend the license of any pilgrim-broker pending inquiry into any accusation against him of misconduct for which, if proved, he would be liable to a penalty under the last preceding section, and may cancel any license granted by him if the licensee is convicted of any offence under the said section or of any criminal offence.
### 8. to 10.—
Repealed.
### 11. to 12.—
Repealed.
### 12A. to 12B.—
Repealed.
### 13. Penalty for issue of tickers in excess.—
Any master, owner or agent of any vessel carrying pilgrims, who shall issue any passage-ticket in excess of the number allowed by the certificate granted under Section 11 of the Pilgrim Ships Act, 1895, shall for every passage-ticket so issued be liable to a fine not exceeding four times the cost price of such ticket.
### 14. Passage-tickets how to be numbered. Penalty for issue of tickets bearing the same number.—
All passage-tickets shall be numbered consecutively according to order of issue; and any master, owner or agent, who shall issue two or more tickets bearing the same number, shall be liable to a fine not exceeding one thousand rupees.
### 15. Provisions of Pilgrim Ships Act, 1895, to apply to offences and penalties.—
The provisions of sections 51, 52 and 54 of the Pilgrim Ships Act, 1895, shall apply to all offences punishable, and to all penalties leviable, under this Act.
### 16. Penalties to be enforced only at the instance of the Commissioner.—
The penalties to which masters and owners of vessels are made liable by this Act shall be enforced only by information laid at the instance of the Commissioner.
|
65ba7efcab84c7eca86ebb56 | acts |
Union of India - Act
----------------------
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
-----------------------------------------------------------------------------------------------------
UNION OF INDIA
India
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
=====================================================================================================
Rule INDIA-JAPAN-COMPREHENSIVE-ECONOMIC-PARTNERSHIP-AGREEMENT-BILATERAL-SAFEGUARD-MEASURES-RULES-2017 of 2017
---------------------------------------------------------------------------------------------------------------
* Published on 24 January 2017
* Commenced on 24 January 2017
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Published vide Notification No. G.S.R.68 (E) , No. 7/2017 - Customs (N.T.) dated 24th January, 2017
Ministry of Finance
(Department of Revenue)
(Central Board of Excise and Customs)
G.S.R.68 (E) . - In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (
51 of 1975
), read with sub-section (1) of section 25 and section 156 of the Customs Act, 1962 (
52 of 1962
), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,-
(a) "critical circumstances" means circumstances in which there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional bilateral safeguard measure would cause damage to the domestic industry which would be difficult to repair;
(b) "Director General" means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997;
(c) "domestic industry" means the producers,-
(i) as a whole of the like or directly competitive good in India; or
(ii) whose collective output of the like good or a directly competitive good in India constitutes a major proportion of the total production of the said good in India;
(d) " good" means any merchandise, product, article or material;
(e) "increased imports" means increase in imports from Japan whether in absolute terms or relative to domestic production;
(f) "interested party" includes, -
(i) any exporter or producer from Japan or importer of the good subjected to investigation for purposes of taking bilateral safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such a good,
(ii) the Government of Japan; and
(iii) a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India;
(g) "originating good" means a good which qualifies as an originating good under the provisions of the Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Rules, 2011 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 55/2011 - Customs (N.T.), dated the 1st August, 2011, published vide number G.S.R. 594 (E), dated the 1st August, 2011;
(h) "serious injury" means a significant overall impairment in the position of the domestic industry;
(i) "threat of serious injury" means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent;
(j) "Trade Agreement" means the `Comprehensive Economic Partnership Agreement between the Republic of India and Japan'.
(2) Words and expressions used herein and not defined, but defined in the Customs Tariff Act, 1975 (
51 of 1975
) and the Customs Act, 1962 (
52 of 1962
) shall have the meanings respectively assigned to them in those Acts.
### 3. Duties of Director General.
- Subject to the provisions of these rules, it shall be the duty of the Director General, -
(a) to investigate whether increased imports of an originating good into India, have caused or are threatening to cause serious injury to the domestic industry as a result of elimination or reduction of a customs duty under the Trade Agreement;
(b) to evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of originating good in absolute and relative terms, the share of the domestic market taken by the increased imports of the originating good, changes in the level of sales, production, productivity, capacity utilisation, profits and losses and employment;
(c) to submit his findings, provisional or otherwise, to the Central Government as to the serious injury or threat of serious injury to the domestic industry caused by increased imports of an originating good from Japan as a result of elimination or reduction of a customs duty under the Trade Agreement;
(d) to recommend bilateral safeguard measure which if adopted would be adequate to prevent or remedy the serious injury;
(e) to recommend the duration of the bilateral safeguard measure and where the period so recommended is more than a year, to recommend progressive liberalisation necessary to facilitate adjustment;
(f) to review the need for continuation of a bilateral safeguard measure.
### 4. Initiation of investigation.
(1) Except as provided in sub-rule (4), the Director General shall, on receipt of a written application by or on behalf of the domestic producer of like good or directly competitive good, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased imports of an originating good as a result of the elimination or reduction of customs duty under the Trade Agreement.
(2) An application under sub-rule (1) shall be made in the form as may be specified by the Director General in this behalf and such application shall be supported by,-
(a) evidence of -
(i) increased imports of the originating good;
(ii) serious injury or threat of serious injury to the domestic industry;
(iii) a causal link between imports of the originating good and the alleged serious injury or threat of serious injury; and
(iv) the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury to domestic industry:
Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause; and
(b) a statement on the efforts being made, or planned to be made, or both, to make an adjustment to import competition.
(3) The Director General shall not initiate an investigation pursuant to an application made under sub-rule (1) unless he examines the accuracy and adequacy of the evidence provided in the application and satisfies himself that there is sufficient evidence regarding-
(a) increased imports of the originating good;
(b) serious injury or threat of serious injury;
(c) a causal link between imports of the originating good and the alleged serious injury or threat of serious injury; and
(d) the reduction or elimination of a customs duty under the Trade Agreement, contributing significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury or threat thereof to domestic industry:
Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause.
(4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo moto if he is satisfied with the information received from any Commissioner of Customs appointed under the Customs Act, 1962 (
52 of 1962
) or any other source that sufficient evidence exists as referred to in clause (a) , clause (b), clause (c) and clause (d) of sub-rule (3).
### 5. Principles governing investigation.
(1) Once the decision is taken by the Director General to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon the increased imports of an originating good into India as a result of the elimination or reduction of a customs duty under the Trade Agreement, the Director General shall issue a public notice on initiation of investigation and the public notice shall, inter alia, contain adequate information on the following, namely:-
(a) a precise description of the originating good subject to the investigation and its classification under the First Schedule to the Customs Tariff Act, 1975 (
51 of 1975
);
(b) the period subject to the investigation;
(c) the date of initiation of the investigation;
(d) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based;
(e) reason for initiation of the investigation;
(f) the address to which representations by interested parties should be directed; and
(g) the time-limits allowed to interested parties for providing their views through appropriate representation.
(2) The Director General shall forward a copy of the public notice to -
(a) the Central Government in the Ministry of Commerce and Industry and other Ministries concerned, as he deems fit;
(b) the concerned trade associations or known exporters of the originating good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry;
(c) the Government of Japan; and
(d) other interested parties, as he deems fit.
(3) The Director General shall also provide a copy of the application referred to in sub-rule (1) of rule 4 to -
(a) the Central Government in the Ministry of Commerce and Industry;
(b) the known exporters of the originating good, or the concerned trade associations; and
(c) the Government of Japan:
Provided that the Director General shall also make available a copy of the application, upon request in writing, to any other interested party.
(4) The Director General may issue a notice, calling for any information in such form as may be specified by him from the exporters, foreign producers and Government of Japan and such information shall be furnished by them and the Government of Japan in writing to the Director General within thirty days from the date of receipt of the notice or within such extended period as the Director General may allow on sufficient cause being shown.
Explanation. - For the purpose of this rule, the public notice and other documents shall be deemed to have been received one week after the date on which these documents were sent by the Director General by registered post or transmitted to the appropriate diplomatic representative of the Government of Japan.
(5) The Director General may also provide opportunity to the industrial users of the originating good under investigation and to representative consumer organisations in cases where the originating good is commonly sold at retail level to furnish information which is relevant to the investigation.
(6) The Director General may allow an interested party or its representative to present the information relevant to investigation orally but such oral information shall be taken into consideration by the Director General only when it is subsequently submitted in writing, within the time frame specified by the Director General.
(7) The Director General shall make available the evidence presented to him by one interested party to the other interested parties, participating in the investigation.
(8) In case where an interested party refuses access to or otherwise does not provide necessary information within the period specified by the Director General or significantly impedes the investigation, the Director General may record his findings on the basis of the facts available to him and make such recommendations to the Central Government as he deems fit under such circumstances.
### 6. Confidential information.
(1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 5, sub-rule (2) of rule 8 and sub-rule (5) of rule 10, any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the Director General and shall not be disclosed without specific authorisation of the party providing such information.
(2) The Director General may require the parties providing information on confidential basis to furnish nonconfidential summary thereof and if, in the opinion of the party providing such information, the same cannot be summarised, such party may submit to the Director General a statement of reasons why summarisation is not possible.
(3) Notwithstanding anything contained in sub-rule (2), if the Director General is satisfied that the request for confidentiality is not warranted or the supplier of the information is unwilling either to make the information public or to authorise its disclosure in a generalised or summary form, he may disregard such information unless it is demonstrated to his satisfaction from appropriate sources that such information is correct.
### 7. Determination of serious injury or threat of serious injury.
- The Director General shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, the following principles, namely:-
(a) the Director General shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute and relative terms, the share of the domestic market taken by increased imports of the originating good, changes in the level of sales, production, productivity, capacity utilisation, profits and losses and employment; and
(b) the determination referred under this rule, shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the originating good and serious injury or threat thereof and when factors other than increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good.
### 8. Preliminary findings.
(1) The Director General shall proceed expeditiously with the conduct of the investigation and in critical circumstances, may record a preliminary finding regarding serious injury or threat of serious injury to the domestic industry as a result of increased imports of an originating good.
(2) The Director General shall issue a public notice regarding such preliminary findings and send a copy of the public notice to -
(a) the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance;
(b) the Government of Japan.
### 9. Application of provisional bilateral safeguard measure.
(1) The Central Government, on the basis of the preliminary findings of the Director General, may -
(a) suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement; or
(b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of:
(i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or
(ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement.
(2) The bilateral safeguard measure under sub-rule (1) shall remain in force only for a period not exceeding two hundred days from the date on which it was imposed.
### 10. Final findings.
(1) The Director General shall, within eight months from the date of initiation of the investigation, or within an extended period not exceeding one year from the date of initiation of the investigation, as the Central Government may allow, determine whether,-
(a) the increased imports of the originating good under investigation has caused or threatened to cause serious injury to the domestic industry; and
(b) a causal link exists between the increased imports of the originating good due to the elimination or reduction of a customs duty under the Trade Agreement and serious injury or threat of serious injury.
(2) The Director General shall also give his recommendation regarding bilateral safeguard measure which would be adequate to prevent or remedy the serious injury and to facilitate adjustment.
(3) The Director General shall also make his recommendations regarding the duration of the bilateral safeguard measure:
Provided that where the period recommended is more than one year, the Director General shall also recommend progressive liberalisation of the bilateral safeguard measure at regular intervals during the period of application as necessary to facilitate adjustment.
(4) The final findings, if affirmative, shall contain all information on the matter of facts and law and reasons which have led to the conclusion.
(5) The Director General shall issue a public notice recording his final findings.
(6) The Director General shall send a copy of the public notice regarding his final findings to -
(a) the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance;
(b) the Government of Japan.
### 11. Application of bilateral safeguard measure.
(1) On receipt of the recommendation of the Director General, in order to prevent or remedy the serious injury and to facilitate adjustment in respect of the originating good covered under the final findings, the Central Government may suitably amend the notification, issued under sub-section (1) of section 25 of the Customs Act, 1962 (
52 of 1962
) to give effect to the provisions of the Trade Agreement, so as to -
(a) suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement; or
(b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of:
(i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or
(ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement.
(2) In case, the final findings of the Director General is contrary to the prima facie evidence on the basis of which the investigation was initiated and the final findings do not have recommendation for applying bilateral safeguard measure, the Central Government shall within thirty days of the publication of final findings by the Director General under rule 10, withdraw the provisional bilateral safeguard measure imposed, if any.
(3) Upon termination of a bilateral safeguard measure, whether provisional or final, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect but for the bilateral safeguard measure.
### 12. Date of commencement of bilateral safeguard measure.
(1) The bilateral safeguard measure applied under rule 9 and rule 11 shall take effect from the date of publication of the notification, in the Official Gazette, imposing such bilateral safeguard measure.
(2) Notwithstanding anything contained in sub-rule (1), where a provisional bilateral safeguard measure has been imposed and where the Director General has recorded a finding that increased imports have caused or threaten to cause serious injury to domestic industry, it shall be specified in the notification issued under rule 11 that such bilateral safeguard measure shall take effect from the date of imposition of the provisional bilateral safeguard measure.
### 13. Refund of duty.
- If the bilateral safeguard measure taken after the conclusion of the investigation results in a rate of duty which is lower than the rate of duty resulting from a provisional bilateral safeguard measure already taken, the differential duty collected shall be refunded to the importer.
### 14. Duration.
(1) The bilateral safeguard measure applied under rule 11 shall be only to the extent and for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment.
(2) Notwithstanding anything contained in sub-rule (1) of this rule, the bilateral safeguard measure applied under rule 11 shall not exceed a period of three years from the date of its imposition:
Provided that in highly exceptional circumstances, the Central Government may extend the period of bilateral safeguard imposition, on receipt of the recommendation of the Director General under sub-rule (1) of rule 16:
Provided further that the total duration of the bilateral safeguard measure, including such extensions, shall not exceed five years.
(3) No bilateral safeguard measure under these rules shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is at least one year.
### 15. Liberalisation of bilateral safeguard measure.
- If the duration of the bilateral safeguard measure applied under rule 11 exceeds one year, the bilateral safeguard measure shall be progressively liberalised at regular intervals during the period of its application.
### 16. Review.
(1) The Director General may review the need for continued application of the bilateral safeguard measure in terms of sub-rule (2) of rule 14 and, if he is satisfied on the basis of information received by him that -
(a) the bilateral safeguard measure is necessary to prevent or remedy the serious injury and there is evidence that the domestic industry is adjusting positively, he may recommend to the Central Government for the continued imposition of bilateral safeguard measure;
(b) there is no justification for the continued imposition of such measure, recommend to the Central Government for its withdrawal.
(2) The provisions of rules 4, 5, 6 and 10 shall, mutatis mutandis apply in the case of review.
|
65ba6aa0ab84c7eca86eb33c | acts |
Union of India - Act
----------------------
The Religious Societies Act, 1880
-----------------------------------
UNION OF INDIA
India
The Religious Societies Act, 1880
===================================
Act 1 of 1880
---------------
* Published on 1 November 1956
* Commenced on 1 November 1956
The Religious Societies Act, 1880
(1 of 1880)
### 077. [9 th January , 1880]...
An Act to confer certain powers on Religious Societies.
Preamble .Whereas it is expedient to simplify the manner in which certain bodies of persons associated for the purpose of maintaining religious worship may hold property acquired for such purpose, and to provide for the dissolution of such bodies and the adjustment of their affairs and for the decision of certain questions relating to such bodies;
It is hereby enacted as follows:
| |
| --- |
|
The Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949 and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territory (Laws) Act
30 of 1950
. Manipur and Tripura are full-fledged States now, see Act
81 of 1971
. Vindhya Pradesh is a part of Madhya Pradesh State now, see Act
37 of 1956
.It has been extended to the Union Territory of Dadra and Nagar Haveli by Regn. 6 of 1963 and of Pondicherry by Act 26 of 1968.
|
### 1. Short title
.This Act may be called The Religious Societies Act , 1880.
Local extent .It [\* \* \*]
[The words " shall come into force at once, and" repealed by the Repealing and Amending Act 10 of 1914, Section 3 and Sch.II.]
shall extend to the whole of India except [the territories which, immediately before the 1st November, 1956, were comprised in Part B States]
[Substituted by the Adaptation of Laws (No.2) Order, 1956.]
,
but nothing herein contained shall apply to any Hindus, Muhammadans or Buddhists, or to any persons whom the State Government may from time to time, by notification in the Official Gazette, exclude from the operation of this Act.
### 2. Appointment of new trustee in cases not otherwise provided for
.When any body of persons associated for the purpose of maintaining religious worship has acquired, or hereafter shall acquire, any property,
and such property has been or hereafter shall be vested in trustees in trust for such body,
and it becomes necessary to appoint a new trustee in the place of or in addition to, any such trustee or any trustee appointed in the manner hereinafter prescribed,
and no manner of appointing such new trustee is prescribed by any instrument by which such property was so vested or by which the trusts on which it is held have been declared, or such new trustee cannot for any reason be appointed in the manner so prescribed,
such new trustee may be appointed in such manner as may be agreed upon by such body, or by a majority of not less than two-thirds of the members of such body actually present at the meeting at which the appointment is made.
### 3. Appointment under section 2 to be recorded in a memorandum under the hand of the chairman of the meeting
.Every appointment of new trustees under section 2 shall be made to appear by some memorandum under the hand of the chairman for the time being of the meeting at which such appointment is made.
Such memorandum shall be in the form set forth in the schedule hereto annexed, or as near thereto as circumstances allow, shall be executed and attested by two or more credible witnesses in the presence of such meeting, and shall be deemed to be a document of which the registration is required by the [Indian Registration Act, 1877]
Now see the Registration Act, 1908 (
[16 of 1908
).]
, section 17.
### 4. Property to vest in new trustees without conveyance
.When any new trustees have been appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner hereinbefore provided, the property subject to the trust shall forthwith, notwithstanding anything contained in any such instrument, become vested, without any conveyance or other assurance, in such new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such new trustees wholly, upon the same trusts, and with and subject to the same powers and provisions as it was vested in the old trustees.
### 5. Saving of existing modes of appointment and conveyance
.Nothing herein contained shall be deemed to invalidate any appointment of new trustees, or any conveyance of any property, which may hereafter be made as heretofore was by law required.
### 6. Provision for dissolution of societies and adjustment of their affairs
.Any number not less than three-fifths of the members of any such body as aforesaid may at a meeting convened for the purpose determine that such body shall be dissolved; and thereupon it shall be dissolved forthwith, or at the time when agreed upon; and all necessary steps shall be taken for the disposal and settlement of the property of such body, its claims and liabilities, according to the rules of such body applicable thereto, if any, and, if not, then as such body at such meeting may determine:
Provided that, in the event of any dispute arising among the members of such body, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of such body is situate; and the Court shall make such order in the matter as it deems fit.
### 7. Upon a dissolution no member to receive profit
.If upon the dissolution of any such body there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of such body or any of them, but shall be given to some other body of persons associated for the purpose of maintaining religious worship or some other religious or charitable purpose to be determined by the votes of not less than three-fifths of the members present at a meeting convened in this behalf, or in default thereof by such Court as last aforesaid.
### 8. Saving of certain provisions of instruments
.Nothing in sections 6 and 7
shall be deemed to affect any provisions contained in any instrument for the dissolution of such body, or for the payment or distribution of such property.
### 9. Questions may be submitted to High Court
.When any question arises, either in connection with the matters hereinbefore referred to, or otherwise, as to whether any person is a member of any such body as aforesaid, or as to the validity of any appointment under this Act, any person interested in such question may apply by petition to the High Court for its opinion on such question. A copy of such petition shall be served upon, and the hearing thereof may be attended by, such other persons interested in the question as the Court thinks fit.
Any opinion given by the Court on an application under this section shall be deemed to have the force of a declaratory decree.
The costs of every application under this section shall be in the discretion of the Court.
The Schedule
(See section 3)
Memorandum of the appointment of the new trustees of the (describe the church, chapel, or other buildings and property) situate at a meeting duly convened and held for that purpose (in the vestry of the said )
on the day of 20 , A.B. of Chairman.
Names and descriptions of all the trustees on the constitution or last appointment of trustees, made the day of (here insert the same)
Names and descriptions of all the trustees in whom the said (chapel and property) now become legally vested.
First.Old continuing trustees:
(here insert the same.)
Second.New trustees now chosen and appointed:
(here insert the same.)
Dated this day of 20
Signed by the said A.B. as Chairman of the Said Meeting, at and in the presence of the Said Meeting on the day and year aforesaid in the presence of
A.B. ,
Chairman of the said Meeting
C.D.
E.F.
|
65b90cf0ab84c7eca86e83ae | acts |
State of Telangana - Act
--------------------------
The Telangana Judicial Ministerial and Subordinate Service Rules, 2018
------------------------------------------------------------------------
TELENGANA
India
The Telangana Judicial Ministerial and Subordinate Service Rules, 2018
========================================================================
Rule THE-TELANGANA-JUDICIAL-MINISTERIAL-AND-SUBORDINATE-SERVICE-RULES-2018 of 2018
------------------------------------------------------------------------------------
* Published on 18 May 2018
* Commenced on 18 May 2018
The Telangana Judicial Ministerial and Subordinate Service Rules, 2018
Published vide Notification No. G.O.Ms. No.29, Law (La&J-Home-Courts-B) Department, dated 18.5.2018
G.O.Ms. No.29, Law (La&J-Home-Courts-B) Department, dated 18.5.2018. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling and in supersession of the Andhra Pradesh Judicial Ministerial Service Rules, 2003, in its application to the State of Telangana issued in G.O.Ms.No.129, Law (L.A.&J-Home-Courts-D), 12th November 2003 and subsequent amendments issued thereto from time to time, the Governor of Telangana hereby makes the following Special Rules for the Telangana Judicial Ministerial and Subordinate Services :-
### 1. Short Title and Commencement.
- 1. These rules may be called "the Telangana Judicial Ministerial and Subordinate Service Rules, 2018."
### 2. They shall apply to the holders of all posts whether temporary or permanent, in the service appointed thereto either under Andhra Pradesh Judicial Ministerial Service Rules, 2003 or under Andhra Pradesh Last Grade Service Rules or Andhra Pradesh General Subordinate Service Rules before, on or after these Rules came into force except to the extent otherwise expressly provided:-
(i) By or under any law for the time being in the force or
(ii) In respect of any member of the service under a contract or agreement subsisting between such member and the State Government.
### 2. Definitions. - For the purpose of these rules:-
(a) "Aboriginal Tribes" means the communities defined as such in the Telangana State and Subordinate Service Rules for the time being in force.
(b) "Appointed to the Service" means a person is said to be appointed to the service when, in accordance with these rules or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of the service or commences probation, instruction or training prescribed for the members thereof.
Explanation. - The appointment of a person holding a post borne on the cadre of another service to hold additional charge of a post borne on the cadre of this service or to discharge the current duties thereof does not amount to appointment to this service:
(c) "Approved candidate," means a candidate whose name appears in an authoritative list of candidates approved for appointment to the service or a category thereof.
(d) "Approved probationer in the service or a category thereof" means a member of the service or category who has satisfactorily completed his/her probation and awaits appointment as a full member of the service or category, as the case may be.
(e) "Conversion" means appointment of a member of the service from one category to another or from one post to another carrying the same scale of pay.
(f) "Duty": A person is said to be "on duty" as a member of the service :-
a. When he/she is performing the duties of a post borne on the cadre of the service or undergoing probation:
b. When he/she is on joining time; or
c. When he/she is absent from duty on training or deputation by the Department during vacation or on authorized holidays or on leave taken in accordance with the instructions regulating such leave issued by the State Government having been on duty immediately before and immediately after such absence.
(g) "Full Member" of the service means a member of the service who has been appointed substantively to a permanent post borne on the cadre thereof.
(h) "Member of the Service" means a person who has been appointed to the service and who has not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service or been discharged otherwise than for want of a vacancy. He/She may be a probationer, an approved probationer or a full member of the service.
(i) "Minimum general educational qualification" means the qualification prescribed in the Schedule to the Telangana State and Subordinate Service Rules for the time being in force.
(j) "Probationer" means a member of the service whose services are regularized and placed on probation.
(k) "Promotion" means the appointment of a member of any category of the service to a higher category of the service carrying higher scale of pay.
(l) "Recruited direct" - A candidate is said to be "recruited direct" to the service when in case his/her first appointment thereto is made by the Unit Officer, on the date of notification inviting applications for the recruitment, and in any other case at the time of his/her first appointment thereto, he/she is not in the service of the Government of India or the Government of a State.
Provided that for the purposes of this definition a person shall be deemed to be not in the service of the Government of India or the Government of a State:
(i) If a period of five years has elapsed since his/her first appointment to a service under the Government of India or the Government of a State; or
(ii) If he/she is a practicing member of the Bar, although holding an office under the Government, or
(iii) If he/she holds a post, the conditions of service of the holder of which have been declared to be a matter not suitable for regulation by rule, or
(iv) If he/she belongs to the Scheduled Castes or Scheduled Tribes or Backward Classes.
(m) "Recruited by transfer" a candidate is said to be recruited by transfer to the Service,
(i) if at the time of his/her first appointment thereto, he/she is either a full member or an approved probationer in any other service, the rules for which prescribe a period of probation for members thereof; or
(ii) in case at the time of his/her first appointment thereto he/she is the holder of a post which has been included in another service but for which no probation has been prescribed, if he/she has put in that post satisfactory service or a total period of two years within a continuous period of three years.
(n) "Regular appointment" means the appointment made by the authorities concerned in accordance with the rules or orders in force governing the respective posts.
(o) "Scheduled Castes" means the communities defined as such in the Telangana State and Subordinate Service Rules for the time being in force.
(p) "Scheduled Tribes" means the communities defined as such in the Telangana State and Subordinate Service Rules for the time being in force.
(q) "Service" means a group of persons classified as the Telangana Judicial Ministerial and Subordinate Service.
Explanation. - (1) "Ministerial Service" means the Group of posts from Category 1 (Chef Administrative Officer) to Category 12 (Copyist) of these Rules.
(2) "Subordinate Service" means the Group of posts from Category 13 to Category 17 which posts comes under the categories mentioned in T.S. General Subordinate Service Rules and T.S. Last Grade Service Rules.
Note. 1. - The age of superannuation for all the categories is as per the State Public Employment (Regulation of Age of Superannuation) Act, 1984.
Note. 2. - where the context so requires "Service" means the period during which a person holds a post in accordance with these rules except Rule 27 or a lien on a post or is a member of a service as above defined.
(r) The "Unit" means each individual Revenue District existing as on 01-10-2016 but in the case of Hyderabad City, the area falling within the territorial jurisdiction of the Court of Chief Judge, City Civil Court, the area falling within the territorial jurisdiction of the Court of Chief Judge, City Small Causes Court, the area falling within the territorial jurisdiction of the Court of Metropolitan Sessions Judge, Hyderabad and the area falling within the territorial jurisdiction of the Court of Principal Special Judge for CBI cases at Hyderabad for adjudication of matters of CBI Cases, Court of SPE & ACB Cases at Hyderabad, Court of Essential Commodities Act Cases at Hyderabad, Court of Economic Offences cases at Hyderabad, Court of Cases on Fraudulent drawals and misappropriation of Scholarship Amounts in Social Welfare, Tribal Welfare and Backward Classes Departments at Hyderabad respectively.
(s) The "Unit Head" means the Principal District & Sessions Judge in the Districts existing as on 01-10-2016 and in the case of Hyderabad city, the Chief Judge, City Civil Court, the Chief Judge, City Small Causes Court, and the Metropolitan Sessions Judge and the Principal Special Judge for CBI cases, Hyderabad.
### 3. Pay, Allowances, Leave, Leave Salary, Pension and other condition of service.
- The Telangana Civil Service (Classification, Control and Appeal) Rules, 1991, the rules regulating the pay of the services, the TCS (Conduct) Rules, 1964, the Fundamental Rules, the Telangana Leave Rules and the Pension Rules and the rules applicable to the Government servants for the time being in force shall, insofar as they may be applicable and except to the extent expressly provided in these rules, govern members of this service in the matter of their pay, allowances, leave, leave salary, pension and other conditions of service:
Provided that:-
(i) Where any such member has selected to be governed by the provisions of the Civil Service Regulations, those provisions shall apply to him/her;
(ii) Save as otherwise expressly provided in these rules, nothing contained in this rule shall affect the operation of the provisions of Article 526 of the Civil Service Regulations relating to the fixation of a member of a service who is in receipt of a military pension;
### 4. Cadres.
- The permanent cadre of each category in each unit shall be determined by the State Government as suggested by and with the concurrence of the High Court.
### 5. Constitution.
- The service shall consist of the following category of posts.
Category-1: Chief Administrative Officers: (formerly designated as Administrative Officer).
Category-2: Senior Superintendents (formerly designated as Head Clerk, District Court, Additional District Courts, Sheristadar of Sub-Courts and Central Nazir of District Courts)
Category-3: Superintendents (formerly designated as Translators, Head Clerks of Munsif Courts, U.D. Record Keepers of District Courts and Copying Superintendent).
Category-4: Stenographers Grade-I. (Restructured category of Personal Assistant)
Category-5: Stenographers Grade-II (Restructured category of Personal Assistant)
Category-6: Stenographers Grade III (Restructured category of Personal Assistant)
Category-7: Senior Assistants (formerly designated as Upper Division Clerk)
Category-8: Junior Assistants (formerly designated as L.D.Clerk)
Category-9: Typists
Category-10: Field Assistants (formerly designated as Bailiffs/ Amins)
Category-11: Examiners
Category-12: Copyists
Category-13: Senior Drivers (Light Vehicle).
Category-14: Drivers (Light Vehicle)
Category-15: (a) Record Assistants.
(b) Roneo Duplicator Operators
(c) Lift Operators.
Category-16: Process Servers.
Category-17: Office Subordinates/Attenders.
Note. - The posts in categories 1 to 5 and 7 above are selection posts, promotion to which shall be made on the basis of seniority-cum-merit.
### 6. Method of appointment and appointing authority.
- Subject to the other provisions contained in these rules, the method of appointment and appointing authority for the various categories shall be as follows;
| | | |
| --- | --- | --- |
|
Category and name of the post.
|
Method of appointment
|
Appointing Authority
|
|
1. Chief Administrative Officer
|
By Promotion of Senior Superintendents
(Category-2) and Stenographer Grade-I (category-4) in the ratio
of 5:1
|
Principal District Judge / Unit Head
|
|
2. Senior Superintendent
|
By promotion of Superintendents (Category 3)
|
Principal District Judge / Unit Head
|
|
3. Superintendent
|
By promotion of Senior Assistants (Category-7)
|
Principal District Judge / Unit Head.
|
|
4. Stenographer Grade I
|
By promotion of stenographers grade II
(category- 5)Note:In the Unit of Principal
Special Judge for CBI cases, Hyderabad, the Stenographers Grade
II working in the other Units in the State of Telangana are
eligible for promotion as Stenographers Grade-I by appointment by
transfer as per merit-cum-seniority.
|
Principal District Judge / Unit Head.
|
|
5. Stenographer Grade II
|
By promotion of stenographers grade III
(category-6)
|
Principal District Judge / Unit Head.
|
|
6. Stenographer Grade III
|
1. 60% By direct recruitment2. 40% By
Promotion of Junior Assistants(category-8)/ Typists (category-9)
from a combined seniority.Provided that if the candidates in
the categories of Junior Assistant (Category-8), Typist
(Category-9) are not eligible, the candidates below the Category
of Junior Assistant/Typist i.e. categories 10 to 17 are also
eligible by transfer, if they are having 5 years of
service.Further Provided that if the candidates in the
categories of Junior Assistant (Category-8), Typist (Category-9)
for promotion and Categories 10 to 17 by transfer to the post of
Stenographer Grade-III (Category-6), are not available as on the
date of issue of Notification, the said post(s) may be filled up
by way of direct recruitment.
|
Principal District Judge / Unit Head.
|
|
7. Senior Assistant
|
By promotion of Junior Assistants (Category-8) /
Typists. (Category-9) and Field Assistants (Category-10) by
fixing the ratio of 5: 1 in a cycle of Six (6) vacancies as
prescribed in Note 2.Provided that the persons working in
category-10 i.e., Field Assistant shall not be eligible for
promotion to Category-7 i.e., Senior Assistant unless they
complete the minimum service of 10 years in the category of Field
Assistant.
|
Principal District Judge / Unit Head
|
|
8. Junior Assistant
|
1. 50% By direct recruitment2. 50% By
promotion of Examiners (Category -11) / Copyists (Category - 12)
from the combined seniority and promotion of Record Assistants /
Roneo Duplicator Operator/ Lift Operator, (Category-15(a) (b)(c)),
Senior Drivers/Drivers (Category-13&14) and Process Servers
(Category- 16) by fixing ratio of 8:4:1:3 in a cycle of 16
vacancies as prescribed in Note 2.
|
Principal District Judge / Unit Head
|
|
9. Typist
|
1. 50% By direct recruitment2. 50%By
promotion of Examiners (Category- 11)/Copyists (Category -12)
from the combined seniority and promotion of Record Assistants/
Roneo Duplicator Operator/ Lift Operator, (Category-
15(a) (b)(c)), and Process Servers (Category-16) by fixing ratio
of 9:4:3 in a cycle of 16 vacancies as prescribed in Note 2.
|
Principal District Judge / Unit Head
|
|
10. Field Assistant
|
1. 33 ⅓%By direct recruitment.2. 66 2/3%
By Promotion of Process Server (Category-16).
|
Principal District Judge / Unit Head
|
|
11. Examiner
|
1. 50% By direct recruitment2. 50% By
Promotion of Office Subordinates / Attenders (Category-17).
|
Principal District Judge / Unit Head
|
|
12. Copyist
|
1. 50% By direct recruitment2. 50% By
Promotion of Office Subordinates / Attenders (Category-17).
|
Principal District Judge / Unit Head
|
|
13. Senior Driver (Light Vehicle)
|
By promotion of Driver (light Vehicle)
(Category-14)
|
Principal District Judge / Unit Head
|
|
14. Driver (Light Vehicle)
|
By Promotion of Office Subordinates/Attenders
(Category-17) If no eligible candidate is available for
Promotion, the post may be filled up by way of direct
recruitment.
|
Principal District Judge / Unit Head
|
|
15.(a) Record Assistant(b) Roneo Duplicator
Operator.
|
1. By Promotion of Office Subordinates
/Attenders(Category-17)Provided that if eligible candidates
in the category of Office Subordinates/Attenders are not
available for promotion, then upto 50% posts may be filled up by
way of direct recruitment.
|
Principal District Judge / Unit Head
|
|
15. (c) Lift Operator
|
By Promotion of office Subordinate
/Attender(Category-17).
|
Principal District Judge / Unit Head
|
|
16. Process Server
|
a) 75% by promotion of Office Subordinates /
Attenders. Category-17) b) 25% by direct recruitment.
|
Principal District Judge / Unit Head.
|
|
17. Office Subordinates/ Attender
|
By direct recruitment only.
|
Principal District Judge / Unit Head.
|
Note. - 1. The combined seniority list shall be prepared as referred supra with reference to the date of their regular appointment to the respective categories.
Note. - 2. Cycle for Promotion of Senior Assistants.
### 1. Junior Assistant/Typist ###
2. Junior Assistant/Typist
### 3. Junior Assistant/Typist ###
4. Field Assistant
### 5. Junior Assistant/Typist ###
6. Junior Assistant/Typist
If there is no qualified and suitable member in above 06 Points Cycle at any level, the turn will lapse and the said vacancies shall be filled by next turn in the order of rotation. No account shall be taken of any such lapsed turns in filling future vacancies.
Cycle for Promotion of Junior Assistants.
### 1. Examiner/Copyist ###
2. Examiner/Copyist
### 3. Record Assistant/Roneo Duplicator Operator//Lift operator ###
4. Process Server
### 5. Examiner/Copyist ###
6. Examiner/Copyist
### 7. Record Assistant/Roneo Duplicator Operator//Lift operator
### 8. Senior Driver/Driver
### 9. Examiner/Copyist
### 10. Examiner/Copyist
### 11. Record Assistant/Roneo Duplicator Operator//Lift operator
### 12. Process Server.
### 13. Examiner/Copyist
### 14. Examiner/Copyist
### 15. Record Assistant/Roneo Duplicator Operator//Lift operator
### 16. Process Server
If there is no qualified and suitable member in above 16 Points Cycle at any level, the turn will lapse and the said vacancies shall be filled by next turn in the order of rotation. No account shall be taken of any such lapsed turns in filling future vacancies.
Cycle for Promotion of Typists
### 1. Examiner/Copyist. ###
2. Examiner/Copyist.
### 3. Examiner/Copyist ###
4. Record Assistant/Roneo Duplicator Operator/Lift operator
### 5. Process Server ###
6. Record Assistant/Roneo Duplicator Operator/Lift operator
### 7. Examiner/Copyist ###
8. Examiner/Copyist
### 9. Examiner/Copyist ###
10. Record Assistant/Roneo Duplicator Operator//Lift operator
### 11. Process Server ###
12. Record Assistant/Roneo Duplicator Operator//Lift operator
### 13. Examiner/Copyist ###
14. Examiner/Copyist
### 15. Examiner/Copyist ###
16. Process Server
If there is no qualified and suitable member in above 16 Points Cycle at any level, the turn will lapse and the said vacancies shall be filled by next turn in the order of rotation. No account shall be taken of any such lapsed turns in filling future vacancies.
Note. - 3. The appointing authorities shall exercise their power subject to Control of the High Court.
### 7. Reservation of appointments. (a) The rule of special representation (Rule 22(A) of the Telangana State and Subordinate Service Rules, shall apply to appointment by direct recruitment to the various posts in the service.
Provided that Roster Points 6 and 31 meant for visually handicapped and hearing handicapped candidates in a unit of 100 vacancies shall not apply in the categories of Stenographer Grade-III, Typist and Copyist, and the said categories shall stand exempted so far as these reservations are concerned.
(b) In the matter of direct recruitment to the posts for which women and men are equally suited, there shall be reservation for women to the extent of 33 1/3% of the posts in each category of O.C., B.C (Group A), B.C (Group B), B.C. (Group.C), B.C. (Group.D), and as the case may be in B.C. (Group - E), (subject to outcome of Civil Appeal Nos.2628-2637/2010 pending before the Hon'ble Supreme Court of India) S.C, S.T., Physically Handicapped and Ex-servicemen quotas.
### 7A. Reservation In Promotions.
- The rule of reservation in the matter of promotions in favour of Scheduled Castes and Scheduled Tribes shall be followed by applying Telangana State and Subordinate Service Rules.
### 8. Qualifications. (a) No person shall be eligible for appointment to the categories specified in Column (1) of Annexure I to these rules by the method specified in Column (2) unless such person possesses the qualification specified in the corresponding entry in column (3) thereof.
(b) Linguistic qualification. - A candidate shall not be eligible for appointment if he/she does not possess an adequate knowledge of the language or languages of the district in which he/she is to be appointed. The language or language of the districts is as specified in Annexure - III to these rules.
Provided that where two or more languages are specified for a district and sufficient number of candidates who have an adequate knowledge of all the languages are not available, candidates who have an adequate knowledge of any one of the said languages according to the needs of the district may be selected and such candidates shall be eligible for appointment in that district.
### 9. Age. - No person shall be eligible for appointment by direct recruitment if he/she has completed 34 years of age on the first day of July of the year in which the notification for selection is made or such age as may be prescribed by the Government of Telangana from time to time.
### 10. Unit of appointment. (a) "Except as otherwise provided herein below, the unit of appointment for the purpose of direct recruitment, transfer, seniority, appointment as full member and discharge for want of vacancy shall be the erstwhile Revenue District existing as on 01-10-2016.
(b) But in the case of Hyderabad City, the unit of appointment will be the area falling within the territorial jurisdiction of the City Civil Court, Hyderabad, the City Small Causes Court, Hyderabad and the Metropolitan Sessions Court, Hyderabad and the Court of the Principal Special Judge for CBI Cases, Hyderabad, which includes SPE & ACB Cases and other Special Courts at Hyderabad (shown at Rule 2(r)).
(i) In respect of City Civil Court, the Chief Judge, City Civil Court, Hyderabad shall be the appointing authority in the Unit.
(ii) In respect of City Small Causes Court, the Chief Judge, City Small Causes, Hyderabad, shall be the appointing authority in the Unit.
(iii) In respect of Metropolitan Sessions Courts, the Metropolitan Sessions Judge, Hyderabad, shall be the appointing authority in the Unit.
(iv) In respect of the CBI Courts, SPE & ACB Courts and other Special Courts at Hyderabad (shown at Rule 2(r)), the Principal Special Judge for CBI Cases, Hyderabad, shall be the appointing authority in the Unit.
(c) In respect of Special Courts constituted for adjudication of matters of any nature in the districts, the Principal District Judge shall be the appointing authority.
### 11. Manner of appointment by Direct Recruitment. - The manner of appointment by direct recruitment shall be as prescribed in Annexure-II to these rules.
### 12. Revision of orders promotion to selection posts. - An order promoting a member of the service to a selection category made by a competent authority may be revised by an authority to which an appeal would lie against an order of dismissal passed against such member. Such revision may be made by the authority aforesaid either suo motu at any time or on a petition submitted by any person aggrieved by the order within six months from the date of passing of such order:
Provided that the revisional authority may extend the said period of six months if cause is shown for the delay in the submission of the petition.
### 13. Probation. (a) Every person appointed by direct recruitment to any post in the service shall, from the date on which he/she commences probation, be on probation for a total period of two years on duty within a continuous period of three years.
(b) Every person appointed to any of the posts either by promotion or by transfer shall, from the date on which he/she commences probation, be on probation for a total period of one year on duty within a continuous period of two years.
### 14. Probation-Suspension-Termination or Extension. (1) At any time before expiry of the period of probation referred to in Rule 13 or where such period of probation has been extended under Rule 15, the appointing authority may, at any time before the expiry of the prescribed period of probation or the extended period of probation, as the case may be:-
(i) suspend the probation of a probationer and discharge him/her for want of a vacancy, and
(ii) at its discretion, by an order, either extend the period of probation of the probationer in case the probation has not been extended under Rule 17 or terminate his/her probation and discharge him/her from the service after giving him/her one month's notice or pay in lieu of such notice:
Provided that if the termination or probation and the discharge of the probationer from service is to be made as a measure of punishment on the ground of misconduct, negligence or any specific fault on the part of the probationer, the procedure prescribed in Rule 19(2) read with Rule 20 of the Telangana Civil Service (Classification, Control and Appeal) Rules, 1991, shall be followed and it shall not be necessary to give him/her one month's notice or pay in lieu of such notice.
Explanation. - In cases where the discharge of a probationer is made reverting him/her to his/her lower officiating or substantive post, the pay in lieu of one month's notice shall be limited to the difference in pay between the officiating post and that of the lower officiating or substantive post to which he/she is reverted.
(2) (i)
If a probationer has appeared within the original or extended period of probation for any tests and the results of the tests for which he has so appeared are not known before the expiry of such period, he/she shall continue to be on probation until the publication of the results of the tests for which he/she has appeared or the first of them in which he/she fails to pass, as the case may be. In case the probationer fails to pass any of the probation tests for which he/she has so appeared, the appointing authority shall forthwith, by order discharge him/her unless the period of probation is extended under Rule 15.
(ii) Where a probationer has, before he/she commenced his/her probation, already passed any of the special tests prescribed, he shall not be required to pass such special tests again.
(3) (i)
Approved Probationer: If, at the end of the period of probation or of the period of probation as extended under Rule 15, the appointing authority considers the probationer to be suitable for full membership, it shall issue an order declaring the probationer to have satisfactorily completed his/her period of probation. On the issue of such order, the probationer shall be deemed to have satisfactorily completed his/her probation on the date of the expiry of the prescribed or extended period of probation;
(ii) Termination of Probation: If the appointing authority decides that the probationer has failed to give satisfaction in regard to his/her suitability for full membership it shall, unless the period of probation is extended under Rule 15, by order, discharge him/her from the service after giving him/her one month's notice or pay in lieu of such notice:
Provided that if the discharge of a probationer is as a measure of punishment on the ground of misconduct, negligence or any specific fault on the part of the probationer, the procedure prescribed under Rule 19 (2) read with Rule 20 of the Telangana Civil Service (Classification, Control and Appeal) Rules, 1991, shall be followed and it shall not be necessary to give him/her one month's notice or pay in lieu of such notice.
Explanation I. - The decision of the appointing authority that the probationer has failed to give satisfaction in regard to his/her suitability for full membership may be based also on his/her work and conduct till the date of the decision, inclusive of the period subsequent to the prescribed or extended period of probation.
Explanation II. - In case where the discharge of the probationer is made by reverting him/her to his/her lower officiating or substantive post, the pay in lieu of one month's notice shall be limited to the difference in pay between the officiating post and that of the lower officiating or substantive post to which he/she is reverted.
(iii) Decision on declaration of probation: The decision whether a probationer is suitable for full membership or his/her probation be extended shall be taken soon after the expiry of the prescribed period of probation, i.e., within a period of six months after such expiry and be communicated to him/her. The appointing authority shall communicate the lapse on the part of the probationer if any, well in advance of the expiry of the prescribed period of probation so that he/she may rectify such lapse.
### 15. Extension of probation. - In the case of any probationer falling under subrule (2) or clause (ii) of sub-rule (3) of Rule 14, the appointing authority may extend his/her probation to enable him/her to acquire the special qualifications or pass the prescribed tests, as the case may be, to enable the appointing authority to decide whether the probationer is suitable for full membership or not. Such extended period of probation or the period of probation as extended under clause (ii) of sub-rule (1) of Rule 14 shall terminate at the lastest when the probationer has, after the date of expiry of the period of probation prescribed for the class or category in which he/she is on probation, completed one year of duty in such category.
In case where the probation is extended, increments of the probationer shall be postponed until he completes his/her probation satisfactorily within the period for which his/her probation is extended. Such postponement of increment shall not be treated as a penalty but only as a condition of the extension of probation and shall not have the effect of postponing future increments after he/she has passed the prescribed tests or examinations or after he/she completes his/her probation satisfactorily.
### 16. Appeal against termination or probation. (1) A probationer who is discharged under clause (ii) or sub-rule (1) or under sub-rule (3) of Rule 14 shall be entitled to appeal to the High Court within the period of limitation within which an appeal would lie against an order of dismissal passed against a full member of the division or category as the case may be, to which the probationer belongs.
(2) Revision of order of termination of probation: - The High Court may, either of its own motion or otherwise, revise any order discharging a probationer under any of the provisions referred to in sub-rule (1) within one year of the date of such order.
(3) Conditions of service on restoration of discharged probationers: (i) When an order discharging a probationer is set aside on appeal under sub-rule (1) or on revision under sub-rule (2) and the probationer is restored to the service, the period on and from the date of discharge to the date of such restoration may be treated as duty except for purposes of probation. The period of probation undergone by such probationer at the time of his/her discharge shall, however, count towards the period of probation prescribed by the rules applicable to him/her.
(ii) Such probationer may, during the period on and from the date of his/her discharge to the date of his/her restoration, be paid such pay and allowances, not exceeding the pay and allowances to which he/she would have been entitled if he/she had not been discharged, as the High Court may, with the previous sanction of the State Government, determine.
### 17. Discharge of probationers and approved probationers for want of vacancies.
(1) Probationers and approved probationers may be discharged for want of vacancies in the following order:-
(i) First, probationers in the order of juniority and
(ii) Second, the approved probationers in order of juniority. The order of discharge may be departed from in cases where such order would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience.
Explanation. - A member of the service who is transferred at his/her own request from one unit to another shall, for the purpose of this sub rule, be treated as junior to all probationers appointed in the new unit prior to his/her joining that unit, notwithstanding the fact that he/she is already an approved probationer or will complete probation earlier than the other probationers in that unit.
(2) Reappointment of probationers and approved probationers: Approved probationers and probationers who have been discharged for want of vacancies shall be reappointed as vacancies arise, in the inverse order laid down in clause (i) or (ii) or sub-rule (1).
Provided that the said order may be departed from in cases where such order would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience.
### 18. Appointment of full member.
(1) Subject to the provisions of Rule 32: an approved probationer shall be appointed to be a full member in the category for which he/she was selected at the earliest possible opportunity in any substantive vacancy which may exist or arise in the permanent cadre of such category and if such vacancy existed from a date previous to the issue of the order of appointment, he/she may be so appointed with retrospective effect from such date or, as the case may be, from such subsequent date from which he/she was continuously on duty as a member of the service in such category or in a higher category:
Provided that, where more than one approved probationer is available for such appointment as a full member, the senior-most approved probationer on the date of the vacancy shall be appointed;
Provided further that where, by reason of administrative convenience, a member of the service completes his/her probation earlier than another member of the service who is senior to him/her, the member who so completes his/her probation earlier shall not be confirmed before the member who is senior to him/her. The senior member shall be confirmed according to his/her seniority in the service after he/she completes satisfactorily the period of his/her probation.
Explanation. - (i) For the purposes of this sub-rule, an approved probationer on leave shall be deemed to be on duty as a member of the service in the category concerned, if he/she would have been on duty in such category or in a higher category but for his/her absence on leave.
(ii) A member of the service who is transferred on his/her own request from one unit to another shall not, by reason of having completed his/her probation earlier than the other probationers in the new unit, be confirmed before them.
(2) No person shall, at the same time, be a full member of this and another service, State or Sub-ordinate.
A probationer, approved probationer or full member of this service who is appointed to be a full member of another service shall cease to be a member of this service.
### 19. Seniority.
(1) The seniority of a person in a category shall, unless he/she has been reduced to a lower rank as a punishment, be determined by the date of his/her first appointment to such category. If any portion of the service of such person does not count towards probation under Rule 25 (4), his/her seniority shall be determined by the date of commencement of his/her service, which counts towards probation.
(2) After the selection process is completed, the appointing authority shall draw up the merit list of candidates selected, including the candidates selected against reservation categories, by arranging them in accordance with their merit rankings and shall follow the same for the purpose of determination of seniority.
(3) The transfer of a person on administrative grounds from one category to another category carrying the same pay or scale of pay after commencement of these Rules shall not be treated as the first appointment to the latter for purposes of seniority and the seniority of a person so transferred shall be determined with reference to the date of his/her first appointment to the category from which he/she was transferred. Where any difficulty or doubt arises in applying this sub-rule, the appointing authority shall determine seniority and such decision shall be final.
(4) Where a member of any category is reduced, for a specified period, to a lower category :-
(a) in cases where the reduction does not operate to postpone future increments, the seniority of such member on re-promotion shall, unless the terms of the order of punishment provide otherwise, be fixed in the higher category at what it would have been but for his/her reduction.
(b) in cases where the reduction operates to postpone future increments, the seniority of such member on re-promotion shall, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service rendered by him/her only in the higher category.
### 20. Scope of application of rules.
- For the purpose of first appointment, discharge for want of vacancies, reappointment, seniority and appointment of full members, every post or group of posts in a category for which qualification in a particular subject is prescribed shall be deemed to be a separate category.
### 21. Training.
(a) Every person selected for appointment by direct recruitment as Junior Assistant shall undergo training for a period of not less than four months or for such period as the High Court may prescribe from time to time.
(b) Every person appointed to the service by direct recruitment shall, before the commencement of training, execute an agreement bond that he/she shall serve the Department for a period of three years after the completion of training referred to in sub-rule (a).
(c) He/She shall be liable to refund to the Government the pay and allowances or any other remuneration received by him/her in addition to the amount spent by the Government in his/her training:-
(i) if he/she fails to serve the Department for a period of three years after the completion of his/her training for any reason; or
(ii) if he/she discontinues the training or is discharged from training for misconduct or any other reasons; or
(iii) if he/she secures any other employment elsewhere than under the State Government.
(d) The period of training shall count for purposes of probation, increments, leave and pension.
(e) A direct recruit shall be eligible during the period of training for the initial pay of the post with usual allowances admissible at the place of training.
### 22. Security.
(a) Where the State Government, by general or special order, directs that the holder(s) of any specified post or category of posts shall deposit security for the due and faithful performance of his/her duties; and
(b) Every person appointed to the following posts shall, for the due and faithful performance of duties attached thereto, deposit security in the sum specified below:
(i) Posts in Category 1 & 2 ...... Rs. 50,000/-
(ii) Category 3 ............. ......... Rs. 25,000/-
(iii) Category 4 to 16 .............. Rs. 10,000/-
(c) If within a month from the date of his/her appointment or promotion, the person concerned fails to deposit the security required, his/her probation shall be deemed to have been terminated and the appointing authority shall forthwith, by order, discharge him/her from the service or revert him/her to the post from which he/she was promoted, as the case may be, unless he/she has already been otherwise discharged or reverted.
Provided that the termination of probation under this sub-rule shall not disentitle a person for promotion to any post in the service which does not require a security and for which he/she would have been eligible for promotion otherwise than by reason of his/her promotion or appointment to the post requiring a security.
### 23. Probationer-desiring courses of study not connected with probation.
(1) A probationer who desires to undergo any course study, which though not essentially connected with his/her probation is likely to enhance his/her usefulness as a member of the service, may, on his/her application and subject to exigencies of service, be permitted by the appointing authority to undergo the desired course of study. He/She shall also be granted the entire amount of leave, if any, admissible under the rule applicable to him/her if, but for such leave, he/she would have continued to be on duty.
(2) Such a probationer shall, on the completion of the course of study, be entitled to appointment according to the rank and seniority held by him/her in his/her unit in the category before undergoing the said course of study. He/She shall also be entitled to count his/her continuous service immediately before his/her undergoing the said course of study for increments in the time scale of pay applicable to him/her but for his/her absence from the service (whether on leave or otherwise) for undergoing the said course of study, he/she would have continued to be on duty.
(3) The absence of an employee as above shall be regularized in accordance with the provisions of the Fundamental Rules.
### 24. Special provisions relating to Copyists and Process Establishment.
- Nothing in these rules shall affect the operation of the copyists and process establishment rules in the Civil Rules of Practice and Circular Orders, Volume-I.
### 25. Temporary Promotions.
(1) (i)
Where it is necessary in public interest, owing to an emergency which has arisen, to fill immediately a vacancy in a post borne on the cadre of a higher category of the service by promotion from a lower category and there would be undue delay in making such promotion in accordance with these rules the appointing authority may promote a person otherwise than in accordance with these rules, temporarily, until a person is promoted in accordance with these rules. Such promotion shall not, except with the specific permission of the High Court, exceed a period of six months. The High Court may grant such permission only for stated reasons and in very exceptional cases, without prejudice to the normal claims of any other employees.
(ii) A person who does not possess the qualifications prescribed for the post shall ordinarily not be promoted under clause (i). Every person who does not possess such qualifications and who has been or is promoted under clause (i) shall be replaced as soon as possible by promoting a person possessing such qualifications.
(2) Where it is necessary to fill a short vacancy in a higher category in any division of the service by promotion from a lower category and the appointment of the person who is entitled to such promotion under these rules would involve excessive expenditure on traveling allowance or exceptional administrative inconvenience, the appointing authority may promote any other person who possesses the qualifications, if any, prescribed for the higher category.
(3) A person temporarily promoted under clause (i) of sub-rule (1) shall, whether or not he/she possesses the qualification prescribed for the post to which he/she is promoted, be replaced as soon as possible by a member of the service who is entitled to promotion under these rules.
(4) A person promoted under sub-rule (I) shall not be regarded as a probationer in the higher category or be entitled, by reason only of such promotion, to any preferential claim to future promotion to such higher category. If such person is subsequently promoted to the higher category in accordance with these rules, he/she shall commence his/her probation, if any, in such category from the date of such subsequent promotion or from such earlier date as the appointing authority may determine.
(5) The appointing authority shall have the right to revert to a lower category any person promoted under sub-rule (1)(i) at any time without assigning any reason and without notice.
### 26. Transfers and postings.
(1) The transfers and postings of persons shall ordinarily be made by the appointing authorities within the unit.
(2) Transfer of members of the service who are full members or approved probationers from the jurisdiction of one appointing authority to that of another shall be made by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
Provided that the seniority of a member who is transferred on administrative grounds shall be fixed with reference to the date of his/her appointment in the unit from which he/she is transferred while seniority of a member transferred on his/her own request from one Unit to another shall be fixed in the latter Unit with reference to the date of his/her appointment in that Unit upon such transfer.
(3) Transfers of Chief Administrative Officers from one Unit to another shall be made by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
(4) It shall be competent for the High Court to combine two or more districts into one unit of appointment for purposes of transfer and posting of personnel working in the district or units. In cases of transfer of any such personnel, the provisions of Rule 38 of Telangana State and Subordinate Rules shall, unless specifically ordered otherwise, apply.
In cases of such combination of Units of appointment, each appointing authority may submit proposals for transfer to the High Court, which shall pass final orders in that regard. With the concurrence of both the Unit Heads, the High Court may transfer a candidate from one unit to the other unit.
### 27. Consequences of resignation.
(a) A member of the service shall, if he/she resigns his/her post, forego not only the service rendered by him/her in the particular post held by him/her at the time of resignation but all his/her previous service under the Government of Telangana or any other State Government in India.
(b) The reappointment of such person to the service shall be treated in the same way as a first appointment to the service by direct recruitment and all rules governing such appointment shall apply; and on such reappointment he/she shall not be entitled to count any portion of his/her previous service for any benefit or concession admissible under any rule or order;
Provided that nothing contained in this Rule shall affect the operation of clause (b) of Article 418 of the Civil Service Regulations.
### 28. Military duty to count for pension.
- Notwithstanding anything in these rules and notwithstanding anything contained in the pension rules made or deemed to be made by the State Government, a member of the service, who was deputed from military duty, shall be entitled to count the periods spent on military duty for purpose of pension, if he/she would have counted for that purpose his/her service in the civil department but for his/her deputation for military duty.
Explanation. - This rule shall, in its application to a member who has been or may be called to or employed in service paid for from Defence Services Estimates, be subject to the condition specified in the letter of the Government of India, War Department (Army Branch) to the Adjutant - General in India, No.11008/AGAINST - 14(a) , dated the 11th June, 1944, recorded in G.O.Ms.No.465, Finance, dated 6th September, 1944.
### 29. Reduction of full member.
- If a full member of any category in the service is subsequently reduced to a lower category, he/she shall be deemed to be a full member of the latter and the permanent cadre thereof shall, if there is no vacancy in which he/she could be absorbed, be deemed to be increased by one so long as such member continues therein;
Provided that against every such addition, an officiating or temporary vacancy, if any, in such lower category shall be kept unfilled and such addition shall be absorbed in the first permanent vacancy that subsequently arises in such lower category.
### 30. Appointment in place of members dismissed, removed or reduced.
- Where a person has been dismissed, removed or reduced in rank from any category in the service, no vacancy caused thereby or arising subsequently in such category in the service shall be subsequently filled to the prejudice of such person except temporarily until the appeal, if any, preferred by him/her against such dismissal, removal or reduction is decided and except in conformity with such decision, or until the time allowed for preferring an appeal has expired, as the case may be.
### 31. Relinquishment of Rights by members.
- Any person may in writing, relinquish any right or privilege to which he/she may be entitled under these rules, if, in the opinion of the appointing authority, such relinquishment is not opposed to public interest and nothing in these rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.
### 32. Members absent from duty.
- The absence of a member of the service from duty, whether on leave, or on foreign service or on deputation or for any other reason and whether his/her lien in a post borne on the cadre of the service is suspended or not, shall not, if he/she is otherwise fit, render him/her ineligible in his/her turn:
(a) for re-appointment to a substantive or officiating vacancy in the category or post in which he/she may be a probationer or an approved probationer.
(b) for promotion from a lower to a higher category in the service; or
(c) For appointment to any substantive or officiating vacancy in another service for which he/she may be an approved candidate, as the case may be, in the same manner as if he/she had not been absent. He/She shall be entitled to all the privileges in respect of appointment, seniority, probation and confirmation, which he/she would have enjoyed, but for his/her absence, subject to his/her completing satisfactorily the period of probation on his/her return.
Provided that a member of the service, who is appointed to another service and is a probationer or an approved probationer in that latter service, shall not be appointed under clause (c) to any other service for which he/she may be an approved candidate unless he/she relinquishes his/her membership in the latter service, in which he/she is a probationer or an approved probationer.
### 33. Relaxation of Rules.
- (A) Relaxation of Rules by the Governor. - Notwithstanding anything contained in these rules, the Governor of the State may relax the application of the rules in relation to any member of the service or any person to be appointed to the service.
Provided that where any such rule is applicable to the case of any person, the case shall not be dealt with in a manner less favourable to him/her than that provided by the rules.
(B) Relaxation of rules by the High Court. - Without prejudice to the power of the Governor under Rule 33-A, the High Court shall also have the power to relax any of the rules and deal with the case of a member of the service holding a post carrying a scale of pay less than that of a Junior Assistant or any person to be appointed to such post insofar as such case relates to the service conditions governed by these rules in such manner as may appear to it to be just and equitable.
Provided that where any such rule is applicable to the case of any member, the case shall not be dealt with in any manner less favourable than that provided by that rule.
### 34. Applicability of General Rules.
- In respect of matters, which are not covered by these rules, the provisions of the Telangana State and Subordinate Service Rules shall apply to the members of the service.
### 35. Transitory Provisions.
(a) In case of person who are in service on the date of issue of these rules and who are eligible for promotion or transfer to a higher post and for whom a test is now prescribed as a pre-requisite for such promotion or appointment by transfer but for whom such test was earlier required to be passed after promotion or transfer within the period of probation, may be promoted or transferred, even though they have not passed the tests, but shall be required to pass the test within the prescribed period of probation for such higher post. This concession shall be in force for a period of two years from the date of issue of these rules.
(b) In case of persons who are in service on the date of issue of these rules and who are otherwise eligible for promotion to the higher posts of category 2 to 7 and for whom a Graduation Qualification is now prescribed as a pre-requisite for such promotion, may be promoted, even though they do not possess the Graduation Qualification, but they shall be required to acquire the prescribed qualification within the period of five (5) years from the date of promotion. This concession shall be in force for a period of three (3) years from the date of issue of these rules.
### 36. Repeal and Saving.
- The Special Rules issued in G.O.Ms.No.129, Law (L.A. & J-Home-Courts-D), 12th November 2003 as amended from time to time are hereby repealed.
Provided further that nothing in these rules shall affect the appointments made in accordance with the repealed Rules prior to the coming into force of these rules.
Provided further that nothing in these rules shall affect the appointments made in accordance with the rules issued in G.O.Ms.No.965 General Administration (Ser.B) Department, dated 21st October, 1995 (Andhra Pradesh Last Grade Service Rules) and G.O.Ms.No.565 General Administration (Services B) Department, dated 24th October, 1992(Andhra Pradesh General Subordinate Service Rules) prior to the coming into force of these rules.
Annexure- I
(See Rule 8)
| | | | |
| --- | --- | --- | --- |
|
Sl.No.
|
Category and name of the post
|
Method of appointment
|
Qualifications
|
|
1
|
Chief Administrative Officer
|
By Promotion from category 2 & 4
|
Must be a Graduate from any recognized
UniversityMust have Passed prescribed Departmental Tests
i.e., Civil Judicial Test Part-I & II, Criminal Judicial
Test, Accounts Test for Subordinate Officers Part-I, and
Translation Test
|
|
2
|
Senior Superintendent
|
By promotion from category 3
|
Must be a Graduate from any recognized
UniversityMust have Passed prescribed Departmental Tests
i.e., Civil Judicial Test Part-I & II, Criminal Judicial
Test, Accounts Test for Subordinate Officers Part-I, and
Translation Test
|
|
3
|
Superintendent
|
By promotion from category 7
|
Must be a Graduate from any recognized
University.Must have Passed prescribed Departmental Tests
i.e., Civil Judicial Test Part-I & II, Criminal Judicial
Test, Accounts Test for Subordinate Officers Part-I, and
Translation Test i.e.(i) .Translation from English to the Regional
Language and (ii) Translation from Regional Language to English
|
|
4
|
Stenographers Grade I
|
By promotion from category 5
|
Must be a Graduate from any recognized
University.
|
|
5
|
Stenographer Grade II
|
By promotion from category 6
|
Must be a Graduate from any recognized
University.
|
|
6
|
Stenographer Grade III
|
By direct recruitment Or By promotion from
category 8 & 9
|
Must be a Graduate from any recognized
University and must have passed Telangana Government technical
examination English Typewriting by higher grade and must have
passed Telangana Government Technical examination in English shorthand
by higher grade or equivalent examination.Provided that if
candidates who have passed the examination by higher grade are
not available, those who have passed the examination by the lower
grade may be considered.Must have knowledge or qualification
in computer operation.
|
|
7
|
Senior Assistant
|
By promotion from categories 8, 9 and 10
|
Must be a Graduate from any recognized
University.Must have Passed prescribed Departmental Tests
i.e., Civil Judicial Test Part-I & II, Criminal Judicial Test
and Accounts Test for Subordinate Officers Part-I.
|
|
8
|
Junior Assistant
|
By direct recruitment Or By promotion
|
Must have passed Intermediate examination
conducted by the State Board of Intermediate Education or its
equivalent examination.Must have knowledge or qualification
in computer operation.
|
|
9
|
Typist
|
By direct recruitment Or By promotion
|
For direct recruitment.Must have passed
Intermediate examination conducted by the State Board of
Intermediate Education or its equivalent examination.Must
have passed Telangana Government Technical examination in English
Typewriting by higher grade qualification or its equivalent
examinationMust have knowledge or qualification in computer
operation.For promotionMust have passed Intermediate
examination conducted by the State Board of Intermediate
Education or its equivalent.Must have passed Telangana Government
Technical examination in English Typewriting by higher grade
qualification or its equivalent examination.Provided that
candidates who have passed the examination by the higher grade
are not available those who have passed the examination by the
lower grade may be considered.Must have knowledge or
qualification in computer operation.
|
|
10
|
Field Assistant
|
By direct recruitment or By promotion
|
Must have passed Intermediate examination
conducted by the State Board of Intermediate Education or its
equivalent examination.
|
|
11
|
Examiner
|
By direct recruitment Or By promotion
|
Must have passed Intermediate examination
conducted by the State Board of Intermediate Education or its
equivalent examination.
|
|
12
|
Copyist
|
By direct recruitment or By promotion
|
For direct recruitmentMust have passed
Intermediate examination conducted by the State Board of
Intermediate Education or its equivalent.Must have passed
Telangana Government Technical examination in English Typewriting by
higher grade qualification or its equivalent
examination.Provided that candidates who have passed the
examination by the higher grade are not available those who have
passed the examination by the lower grade may be considered.For
promotionMust have passed Intermediate examination conducted
by the State Board of Intermediate Education or its
equivalent.Must have passed Telangana Government Technical
examination in English Typewriting by higher grade qualification
or Lower Grade qualification or its equivalent examination.
|
|
13
|
Senior Driver (Light Vehicle)
|
By Promotion only
|
|
|
14
|
Driver (Light Vehicle)
|
By direct recruitment or By promotion
|
(i) Must be able to read and write Telugu and
Urdu/Hindi or English.(ii) Must possess a current valid light
motor vehicle driving licence, issued by competent authority
under the Motor Vehicles Act, 1988 with practical experience in
driving Motor Vehicles for a period of not less than (3) years
with endorsement to drive Motor Cycle and Auto rickshaw.
|
|
15.(a) |
Record Assistant
|
By Promotion or By direct recruitment.
|
Must have passed Intermediate conducted by the
State Board of Intermediate Examination or its equivalent
examination.
|
|
15(b) |
Roneo Duplicator Operator.
|
By Promotion or By direct recruitment.
|
(i) Must have passed Intermediate examination
conducted by the State Board of Intermediate Education or its
equivalent examination.(ii) Must have undergone training in
operating Roneo Duplicators.
|
|
15(c) |
Lift Operator
|
By promotion
|
(i) Must have passed SSC examination or its
equivalent examination.(ii) Must possess a Certificate issued
by the Electrical Supervisor in any Engineering Department of the
State Government to the effect that the individual has adequate
elementary knowledge of operating an electric lift and can attend
to emergencies in the operation of the lifts.
|
|
16
|
Process Server
|
By direct recruitment or By promotion
|
Must have passed SSC examination or its
equivalent examination.
|
|
17
|
Office Subordinate/Attender.
|
By direct recruitment only.
|
Must have passed 7thclass examination or its
equivalent examination. Candidates who failed 10th class will be
considered eligible, but those who have higher qualifications
than that shall not be considered eligible.
|
Note: 1. - A person who has appeared for the test on the date of occurrence of the vacancy in the higher post and passed the same subsequent thereto shall be treated as qualified on the date following the date of completion of the test or tests, if as on that date there is a vacancy in higher category remaining unfilled for want of a test qualified candidate.
Note: 2. - A person appointed to a post in accordance with the rules applicable to him/her at the time of his/her appointment shall not be required to acquire higher qualifications prescribed for that post subsequent to his/her appointment.
Annexure -II
(See Rule 11)
Manner of appointment by direct recruitment. - For Stenographer Grade-III, Junior Assistants, Typists, Field Assistants, Examiners, Copyists, Drivers (Light Vehicle), Record Assistants, Roneo Duplicator Operators, Process Servers and Office Subordinates / Attenders.
### 1. The Direct Recruitment to the above said posts shall be made by way of Centralized Recruitment and such recruitment shall be through the Public Service Commission or such other recruiting agency as may be decided upon by the High Court and shall be made under the supervision of the High Court. ###
2. For such Centralized Recruitment, the State as a whole or a Group of Districts or a District may be taken as a Unit.
### 3. As per the recruitment schedule issued by the High Court every year, the Unit whether a State or Group of Districts or a District, as the case may be, shall assess the vacancies in each of the categories and issue notification for recruitment calling for applications from the eligible candidates by fixing the last date for submission of applications. ###
4. The Recruitment Agency, be it for the State or Group of Districts or District, as the case may be, shall conduct written examination, Computer Based Online test or Offline OMR based examination of objective type for the eligible candidates to test their ability.
### 5. The minimum qualifying marks for appearing at the interview shall be OCs.40%, B.Cs.35%, SCs, STs & PHs.30%. ###
6. Mere securing of minimum qualifying marks will not vest any candidate with a right to be considered for the interview / selection.
### 7. The Recruitment Agency shall conduct skill test for the candidates who applied for the posts of Stenographer Grade-III, Typist, Copyist. Provided that the Typing test for the posts of Typist and Copyist and transcription test from shorthand to longhand will be conducted in MS Word with use of Computers.
### 8. Selection of the meritorious candidates for all the vacant posts in all the categories shall be finalized separately in accordance with the Rule of Reservation (Telangana State and Subordinate Service Rules). ###
9. The qualified candidates shall be interviewed in the ratio of 1:3 in each category by the Interview Board constituted by the High Court.
### 10. After finalization of the merit list, the Recruiting Agency shall follow Rule of Reservation and send final merit list in the ratio of 1:2 to the High Court for its approval. ###
11. After approval of the list of selected candidates by the High Court, the candidates will be allotted to the District concerned for issue of appointment orders by the Unit Head of the concerned District Court, after following the due procedure.
Annexure-III
(See Rule 8(b) )
| | |
| --- | --- |
|
District
|
Language
|
|
Hyderabad
|
Telugu and Urdu/Hindi
|
|
Adilabad
|
Telugu, Urdu / Hindi and Marati
|
|
Karimnagar
|
Telugu and Urdu/Hindi
|
|
Khammam
|
Telugu and Urdu/Hindi
|
|
Mahabubnagar
|
Telugu and Urdu/Hindi
|
|
Medak
|
Telugu and Urdu/Hindi
|
|
Nalgonda
|
Telugu and Urdu/Hindi
|
|
Nizamabad
|
Telugu and Urdu/Hindi
|
|
Warangal
|
Telugu and Urdu/Hindi
|
|
Ranga Reddy
|
Telugu and Urdu/Hindi
|
|
65b9b03cab84c7eca86e99e0 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Highways Act, 1995
------------------------------
RAJASTHAN
India
Rajasthan Highways Act, 1995
==============================
Act 27 of 1995
----------------
* Published on 1 January 1995
* Commenced on 1 January 1995
Rajasthan Highways Act, 1995
(Act
No. 27 of 1995
)
RJ91
[Received the assent of the President on the 6th Day of November 1995].
An Act to provide for the declaration of certain highways to be State Highways. to provide for restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters.
Be it enacted by the Rajasthan State Legislature in the Forty-sixth year of the Republic of India as follows.-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement:
(1) This Act may be called the Rajasthan Highways Act, 1995.
(2) It extends to the whole of the State, Rajasthan.
(3) It shall come into force on such date' as the State Government may. by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different areas of the State.
### 2. Definitions:
In this Act, unless there is anything repugnant in the subject or context. -
(a) "building" includes any erection of whatsoever material and in whatsoever mariner constructed (including a farm building for agricultural purposes) and also includes plinths, door-setps, walls (including compound walls and fences). advertisement boards and the like;
(b) "building line" means a line on either side of any highway or part of a highway fixed in respect of such highway or part by a notification under sub-section (1) of section 6;
(c) "Collector" means the Collector of a district and includes any officer specially appointed by the State Government to perform the functions of a Collector under this Act;
(d) "Control line" means a line on either side of any highway or part of a highway beyond the building line fixed in respect of such highway or part by a notification under sub-section (1) of section 6;
(e) "Court" means a principal civil court of original jurisdiction, unless the State Government has appointed a special judicial officer within any specified local limit to perform the functions of Court under this Act;
(f) "to errect" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building;
(g) "excavation" in relation to any piece of land does not include any working which does not pierce the surface of that piece of land, but includes walls and tanks;
(h) "Highway Authority" means to authority appointed as such or to which the functions of such authority are entrusted under section 4;
(i) "highway boundaries" means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of section 6
(j) means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes any street;
(k) "middle of highway" means the point half-way between the highway boundaries;
(l) "highway" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3 and the expression includes.-
(i) any land acquired or demarcated with a view to construct a highway long it:
(ii) the slopes, berms, borrow-pits, foot-paths, pavements and side, wrath catch and boundary drains attached to such road or way:
(iii) all bridges, culverts, causeways, carriageways and other structures built on or across such road or way; and
(iv) the trees, fences, posts, boundary, meter and Kilometre stones, and other highway accessories and materials stacked on the road or way:
(m) "occupier" includes.-
(i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable.
(ii) an owner living in or otherwise using his premises;
(iii) a rent free tenant;
(iv) a licensee in occupation of any premises, and
(v) any person who is liable to pay to the owner damages for the use and occupation of any premises;
(n) "owner" means.-
(a) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes.-
(i) an agent or trustee who receives such rent on account of the owner;
(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned with any premises devoted to religious or charitable purposes;
(iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction, and
(iv) a mortgage in possession;
(b) when used with reference to an institution or a body corporate, the manager of such institution or body corporated.
(o) "prescribed" means prescribed by rules made under this Act;
(p) "vehicle" includes a barrow, sledge, plough, drag and a wheeled or tracked conveyance of any description capable of being used on a highway.
(q) the expression "land" and "person interested" used in this Act shall have the same meanings as the said expressions have in the Land Acquisition Act, 1894 (Central Act 1 of 1894).
Chapter II
Declaration of Highways, Highway Authorities and their Powers and Functions
-------------------------------------------------------------------------------------------
### 3. Declaration of roads, ways or lands as highways.
- The State Government may, by notification in the Official Gazette, declare any road way or land to be a highway and classify it as.
(i) a state highway (special),
(ii) a state highway,
(iii) a major district road,
(iv) other district road, or.
(v) a village road.
### 4. Appointment of Highway Authorities.
- The State Government may, by notification in the Official Gazette, appoint for the purpose of this Act or any of its provisions, any person or any authority to be a Highway Authority for all the highways in the State or in part of the Stage or for any particular highway or highways in the State. specified in the notification.
### 5. Powers and duties of Highway Authorities.
- Subject to such conditions as may be specified in the notification appointing a Highway Authority and subject to the general or special orders of the State Government, a Highway Authority shall exercise powers and discharge duties in accordance with the provisions of this Act for the restriction of ribbon development along highways, for prevention and removal of encroachment and for all matters necessary and incidental to any or all of the above subjects. Also subject to the approval of the State Government and to such general or special orders which the State Government may make in this behalf, it shall be lawful for a Highway Authority to under-take the construction maintenance, development or improvement of highways.
Chapter III
Restriction of Ribbon Development
--------------------------------------------------
### 6. Power to fix highway boundaries, building line and control line of highway.
(1) In any area in which the provisions of the Act have been brought into force, and
(a) where any highway has been declared to be a highway under this Act; or
(b) where the construction or development of a highway is under taken;
the State Government may, by notification in the Official Gazette, fix as respects such highway, the highway boundaries, the building line and the control line:
Provided that having regard to the situation or the requirement of a highway or the condition of the local area through which a highway passes, it shall be lawful for the State Government,
(i) to fix different building line or control line or
(ii) not to fix building line or control line, in respect of any highway or portions thereof.
(2) Not less than sixty days before issuing a notification under sub-section (1). the State Government shall cause to be published in the Official Gazette, and in the prescribed manner in the village and at the headquarters of the tehsil and the district in which the highway is situated, a notification stating that it proposes to issue a notification in terms of sub-section (1) and specifying therein all the land situated between the highway boundary and the building line and between the building line and the control line proposed to be fixed under such notification togehter with a notice requiring all persons affected by such notification, who may wish to make any objections or suggestions or suggestions in writing to the Highway Authority or appear before such authority within one month of the Publication of the notification in the Official Gazette or within fifteen days from the date of the publication of the notification in the village, Whichever period expires later.
(3) The Highway Authority shall after all such objections or suggestions have been considered or heard, as the case may be, and after such further enquiry, if any, as it may think necessary, forward to the State Government a copy of the record of the proceedings held by it together with a report setting forth its recommendations on the objections or suggestions.
(4) If, before the expiration of the time allowed by sub-section (2) for the filing or hearing of objections or suggestions, no objection or suggestion has been made. the State Government shall proceed at once to issue the notification under sub-section (1), If any such objection or suggestion has been made, the State Government shall, consider the record and the report referred to in sub-section (3) and may either.-
(a) abandon the proposal to issue a notification under sub-section (1) or
(b) issue the notification under sub-section (1) with such modifications: if any. as it may think fit.
(5) In considering the objections or suggestions, the decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.
### 7. Map to be prepared and maintained.
- within two months from the date of publication of the notification under sub-section (1) of section 6 fixing the highway boundary, building line and control line with respect to any highway, the Highway Authority shall cause a map to be made showing the alignment of the highway, the highway boundaries, building and control lines and any other particulars necessary for the purposes of this Act and within one month from the date of making any alteration or addition thereto, cause the said map to be corrected and such map, with the date indicate, thereon of the last time when the same shall have been so corrected shall bear the seal of the Highway Authority, shall be open to inspection. copies of such map shall also be kept for inspection at such other places as may be prescribed.
### 8. Restriction on buildings between highway boundary and building line and between building line and control line.
(1) Not withstanding anything contained in any law, custom, agreement or instrument for the time being in force on or after the appointed day, the following restrictions shall, subject to the provisions of this Act. be in force that is to say,-
no person shall, without the previous permission in writing of the Highway Authority,-
(a) upon any land lying between the highway boundary and the building line, proposed to be fixed under sub-section (2) or fixed under sub-section (1) of section 6, as the case may be.-
(i) construct, form or lay out any means of access to or from highway, or
(ii) erect any building, or
(iii) materially alter any existing building, or
(iv) make or extend any excavation, or
(v) construct, form or lay out any works, or
(b) upon any land lying between the building line and the control line proposed to be fixed under sub-section (2), or fixed under sub-section (1) of section 6. as the case may be.-
(i) construct, form or lay out any means of access to or from a highway, or
(ii) erect any building, or
(iii) materially alter any existing building, or
(iv) make or extend any excavation, or a highway. or
(c) use any building or alter the use of any building already erected in a manner. which will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected.
(2) Every person desiring to obtain such permission under sub-section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building, alteration, excavation works or means of access, as the case may be, to which the application relates.
(3) On receipt of such application, the Highway Authority, after making such further enquiries as it may consider necessary, shall by order in writing. either
(a) grant the permission, subject to Such conditions, if any, as may be specified in the order, or
(b) refuse to grant such permission:
(i) permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that such sewer. drain , electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, development or maintenance of a road thereover will not be prevented or prejudicially affected thereby:
(ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or the making or extending of any excavation which conform to the requirements of public health, welfare and safety and convenience of traffic on the adjoining road shall be neither withheld nor made subject to unreasonable conditions;
(iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day, shall be neither withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building.
(4) When the Highway. Authority refuse permission . the reasons therefore shall be recorded and communicated to the applicant :
Provided that nothing therein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features communicated to 'him as aforesaid on account of which such permission was refused.
(5) If, at the expiration of the period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority or after such further period not exceeding three months, as may have been notified by the Highway Authority, has elapsed and no decision has been notified in writing, posted or delivered to the applicant at that address then (except as may otherwise be agreed in writing between the Highway Authority and the applicant permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions.
(6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be to take extracts therefrom.
Explanation. For the purpose of this section the 'appointed day' shall with reference to any highway boundary, building line or control line. mean.-
(i) the day on which the notification is published in the Official Gazette under sub-section (2) of section 6 proposing to fix such highway boundary. building line or control line :and
(ii) If any, modification is made in such highway boundary building line or control line, the day on which the notification is published under sub-section (1) of section 6 fixing such highway boundary, building line or control line.
### 9. Appeal.
(1) If any applicant is aggrieved by any decision of the Highway Authority under section 8, withholding permission or impOsing any condition, he may appeal to the concerning superintending Engineer, within thirty days from the date on which such decision was communicated to him.
(2) The Superintending Engineer may, after giving an opportunity to the appellant to be heard, make such order as he may think fit and the decision of the Superintending Engineer shall be final.
### 10. Exemption for works in Progress.
(1) No restrictions in force under section 8 shall apply to the erection or making of a building or excavation or the construction, formation or laying out of any means of access or works begun before the appointed day referred to in section 8.
(2) No restriction in force under section 8 shall apply to any excavation or works necessary for the repair, renewal, enlargement or maintenance or any sewer. drain, electric line, pipe, duct or other apparatus constructed in or upon the land before the date on which the restrictions came into force or with the consent of the Highway Authority on or after that date.
### 11. Setting back or Building to building line or control line.
- Whenever any building or any part thereof erected before the appointed day referred to in section 8 lies betWeen the building line and the middle of a highway. the Highway Authority may, whenever any such building or part thereof has either entirely or in greater part been taken down, burnt down or fallen down, by notice require such building or part thereof. when re-erected, to be set back to the building fine or control line.
### 12. Regulation or diversion of right of access to highway.
(1) The Highway Authority may. if it is considered essential in the interest of safety or convenience of traffic, regulate or divert any existing right of access to highway across the land lying between the control line and the highway boundary :
Provided that any existing right of access shall not be diverted until alternative access has been given.
(2) Where any existing right of access is diverted. the point at which alternative access is given to the highway shall not be unreasonably distant from the existing point of access.
(3) The Highway Authority fight or access shall, by notification in the Official Gazette, publish the date on which the existing right of access has been diverted and alternative access has been given.
### 13. Powers of Highway Authority and its officers and servants in respect of surveys.
- For the purpose of carrying out any of the provisions of this Act the Highway Authority and its officers and servants may,-
(a) enter upon, survey and take measurements and levelS of any land:
(b) mark such levels, dig or bore into the sub-soil of any land:
(c) lay out the building and control line by placing marks in different colours and cutting trenches;
(d) If the survey cannot otherwise be made, or measurement or level taken or building or control lines laid doubt, cut down and clear away any standing crop, tree, fence or jungle or any part thereof:
(e) do all other acts necessary in this behalf,
Provided that the Highway Authority shall not, except with the consent of the occupier thereof, enter or permit any of its officers or servants to enter any premises without previously giving such occupier atleast twenty-four hours notice in writing of its intention to do so.
### 14. Acquisition of land.
- if any time, on the application of the Highway Authority, the State Government is satisfied that any land required for the purpose of a Highway should be compulsorily acquired, it shall be acquired under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894),
### 15. Notice for extinguishment of right or interest in land.
(1) If at any time. on the request of the Highway Authority, the State Government is satisfied that any right or interest of any person in any land be extinguished for the purposes of a highway and such extinguishment did not amount to acquisition of land as specified in the Land Acquisition Act, 1894 (Central Act 1 of 1894). the State Government shall cause a public notice to be given by pasting at a convenient place on or near the land or by publication in two daily newspapers having circulation in the locality of which one shall be in the Hindi language, stating that the State Government intends to extinguish any right or interest in the land and that all claims to compensation for such right or interest to be extinguished may be made to the Collector.
(2) The notice to be given under sub-section (1) shall state the particulars of the right or interest in the land to. be extinguished and shall require all persons having such right or interest to appear personally or by agent before the Collector on a day not earlier than fourteen days after the publication of such notice Nature of the rights or interests in the land to be extinguished. the amount and particulars of claiM to the compensation and the objections, if any. may be required to be stated in writing.
### 16. Matters to be considered in determining compensation.
(1) in determining the amount of compensation for extinguishment of right of interest. the Collector shall take into consideration the damage sustained by any person interested owing to,-
(a) the fixation of control line under section 6;
(b) the imposition of restrictions under section 8:
(c) the -setting back of any building or part thereof under section 11:
(d) the regulation or diversion of any right of access to a highway under section 12;
(e) the entry. survey, measurement and doing any other acts in or on an land under section 13;
(f) the closure of any highway or part thereof under section 51.
(2) Notwithstanding anything contained in sub-section (1), no compensation shall be claimed or awarded if in so far as the land is subject to substantially similar restrictions in force under some other law, for the time being in force, as are imposed under this Act.
(3) No compensation shall be awarded for extinguishment of any right or interest in land to any person if compensation in respect of the same restrictions as are imposed under this Act, has already been paid while imposing substantially similar restrictions under any other law in respect of the land to the claimant or to predecessor in interest of the claimant.
### 17. Determination of the amount of compensation.
(1) On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall give the claimant or claimants an opportunity of being heard in person or by any person authorised by him in this behalf or by pleader and shall, after hearing all the claims and after making such further enquiry, if any, as he thinks necessary, determine the amount of compensation in respect of extinguishment of right or interest in the land for which notice under section 15 was issued/published and the determination so made by the Collector shall be final :
Provided that no such determination of compensation shall be made by the Collector under this sub-section without the previous approval of the State Government or such other officer, as the State Government may authorise in this behalf :
Provided further that it shall be competent for the State Government to direct that the Collector may make an order of the determination of compensation without such approval in such class of cases as the State Government may specify in this behalf
(2) The determination of compensation for extinguishment of any right or interest in any land under sub-section (1) shall not in any way affect the determination of any compensation for extinguishment of right or interest in respect of other lands in the same locality or elsewhere in accordance with the provisions of the Act.
(3) The Collector shall make an order of determination of compensation under sub-section (1) within a period of two years from the date of publication of notice under section 15 and if no determination is made within that period, the entire proceeding for extinguishment of right or interest of right or interest in land shall lapse.
Explanation. In computing the period of two years referred to in this section. the period during which any action or proceeding to be taken in pursuance to that notice is stayed by an order of the court shall be excluded.
(4) Whenever any order of determination of compensation is made by the Collector under sub-section (1) such determination shall be final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not. of the true nature of land in which the right or interest is sought to be extinguished and the amount of compensation among the persons interested.
(5) The Collector shall give immediate notice of the determination made by him under sub-section (1) to such of the persons interested as are not present personally or by their representative when the determination is made.
### 18. Rights and interest when to be extinguished.
(1) Whenever an order of determination is made by the Collector under sub-section (1) of section 17 and becomes final under the provisions of that section, the Collector shall tender payment of compensation determined by him to the persons entitled thereto according to the said determination unless prevented by the contingency mentioned in the next sub-section.
(2) If the persons entitled to receive the compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of compensation in the court to which a reference under section 19 would be submitted :
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount :
Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 19.
Provided also that nothing herein contained shall affect the liability of any person who may receive the whole or any pan of compensation determined under this Act, to pay the same to the person lawfully entitled thereto.
(3) Whenever the amount of compensation is tendered, paid or deposited in the court, the right or interest in the land sought to be extinguished under section 15 shall thereupon stand extinguished free from all encumbrances and the State Government or the Highway Authority shall be free to enforce the provisions of this Act over such lands.
### 19. Reference to court.
(1) Any person interested who has not accepted the order awarding compensation may, by written application to the Collector, require that the matter be referred by the Collector for determination of the Court, whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the ground on which objection to the determination of compensation is taken:
Provided that every such application shall be made.-
(a) if the person making it was present before the Collector at the time when he made his determination under section 17, within six weeks from the date of the Collectors' determination;
(b) in other cases, within six weeks of the receipt of notice from the Collector under sub-section (5) of section 17. or within six months from the date of order of determination made by the Collector. whichever period shall first expire.
### 20. Collector's statement to the court.
(1) In making the reference the Collector shall state for the information of the court in writing under his hand,-
(a) the situation and extent of land, with particulars of any building, structure etc.:
(b) the names of persons whom he has reason to think interested in land:
(c) the amount of compensation determined under section 17:
(d) the amount paid or deposited under section 18: and
(e) if the objection be to the amount of compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.
### 21. Service of notice :
The Court shall thereupon cause a notice specifying the day on which the Court shall proceed to determine the objection and directing their appearance before the court on the day, to be served on the following persons, namely.-
(a) the applicant.
(b) all persons interested in the objection except such (if any) of them as have consented without protest to receive payment of the compensation determined: and
(c) if the objection is in regard to the area of the land or to the amount of compensation, the Collector.
### 22. Restriction of scope.
- The scope of the enquiry in every such proceeding shall be restricted to the consideration of the interests of persons affected by the objection.
### 23. Proceedings to be in the open court.
- Every such proceeding shall take place in the open court, and all persons entitled to practice in any civil court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.
### 24. The amount of compensation by court not to be lower than the amount determined by the Collector.
- The amount of compensation awarded by the court shall not be less than the amount determined by the Collector under section 17.
### 25. Form of award :
Every award of compensation by the court under this section shall be in writing signed by the judge and shall specify the amount awarded and every such award, a judgement within the meaning of section 2, clause (2) , and section 2 clause (9), respectively, of the Code of Civil Procedure, 1908 (5 of 1908).
### 26. Costs.
- While deciding every reference the court shall state the amount of costs incurred in the proceedings before it and by what persons and proportions they are to be paid :
Provided that when the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the court shall be of the opinion that the claim of the applicant was so extravagant or he was negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.
### 27. Interest on excess compensation.
- If the sum which in the opinion of the court, the Collector ought to have awarded as compensation is in excess of the sum which the' Collector did award as compensation, the award of the court may direct that the Collector shall pay interest on such excess at the rate of nine percentum per annum from the date on which the rights or interest over such land were extinguished wider the provisions of section 18 to the date of payment of such excess into court :
Provided that the award of the court may also direct that where such excess or part thereof is paid into court after the date of expiry of one year from the date on which the right of interest over such land were extinguished under the provision of section 18, interest at the rate of fifteen percentum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into the court before the date of such expiry.
### 28. Re-determination of the amount of compensation on the basis of the award of the court.
(1) where in any determination, the court allows to the applicant any amount of compensation in excess of the amount determined by the Collector under section 17, the persons interested in all other land covered by the sale notification under section 15, sub-section (1) and who are also aggrieved by the determination made by the Collector may, notwithstanding that they had not made an application to the Collector under section 19, by written application to the Collector within three months from the date of award of the court require that the amount of compensation awarded by the court.
Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section , the day on which the determination was made by the court and the time requisite for obtaining a copy of the determination shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an enquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an order determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the order of determination made under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the court and the provisions of sections 19 to 27 shall, so far as may be, apply to such reference as they apply to a reference under section 19.
### 29. Special powers in cases of urgency.
(1) In case of urgency whenever the State Government so directs, the collector, though no determination of compensation for extinguishment of right or interest in the land has been made under sub-section (1) of section 17. may , on the expiration of fifteen days from the publication of notice under section 15. declare that the provisions of this Act are to be enforced on the land urgently and that the rights and interest in the land for which a notice under section 15, sub-section (1) was issued or published, shall stand extinguished free from all encumbrances.
(2) Before making any declaration under sub-section (1) , the collector shall, without prejudice to the provisions of section 15, 17 and 18.
(a) tender payment of eighty percentum of the compensation for extinguishment of right or interest in the land as estimated by him to the persons interests thereto, and
(b) pay to them unless prevented by some one or more of the contingencies mentioned in section 18, sub-section (2) and where the Collector is so prevented. the provisions of section 18 sub-section (2) except the second provision thereto shall apply to the payment of compensation under that section.
(3) The amount paid or deposited under sub-section (2) shall be taken into account for determining the amount of compensation under section 17,sub-section (1) and which may be required to be tendered under section 18, sub-section (1), and where the amount so paid or deposited exceeds the compensation determined by the Collector under section 17, sub-section (1). the excess may unless refunded, within three months. from the date of collector's award, be recovered as an arrear of land revenue.
(4) In cases of urgency whenever it appears to the State Government that the land is required for temporary occupation by the Highway Authority, it may direct the Collector to procure the occupation and use of the same for the Highway Authority, as per provisions contained in section 35. 36 and 37 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).
Chapter IV
Prevention of Unauthorised Occupation of and Encroachment on a Highway and Removal of Encroachment.
-------------------------------------------------------------------------------------------------------------------
### 30. Land forming part of highway deemed to be Government property.
- All land forming part of a highway, which do not already vest in the State Government, but certain rights and interest therein have been extinguished under the provisions of section 18, shall, for the purpose of this chapter, be deemed to be the property of the State Government.
### 31. Prevention of unauthorised occupation of highway.
(1) No person shall occupy or encroach upon any highway within the highway boundaries without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by the Highway Authority.
(2) The Highway Authority or an officer authorised by the Highway Authority in this behalf may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government and on payment of such rent or other charges under such rules, permit any person.-
(i) to place a temporary encroachment on or along any highway in front of any building owned by him or to make a temporary structure over-hanging the highway, or
(ii) to put up a temporary owning, tent, pandal or other similar erection or a temporary staff or scaffolding on any highway, or
(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on highway, or
(iv) to make a temporary excavation for carrying out any repairs or improvements in the adjoining building:
Provided that no such permission shall be deemed to be valid beyond a period of one year, unless expressly renewed by the Highway Authority or the said authorised officer.
(3) The permission so granted shall clearly specify the date up to which the person is authorised to occupy the highway, the purpose for which occupation is authorised and the exact portion of the highway permitted to be occupied and shall also be accompanied by a plan or sketch of the portion of the highway, if necessary.
(4) The person in whose favour such a permission has been given shall produce the permit for inspection, whenever called upon to do so, by the Highway Authority or any officer by a general or special order empowered in that behalf and shall at the end of the period specified in the permit release the land occupied by him after restoring it to the same state as it existed before its occupation by him.
(5) The Highway Authority or the officer issuing the permission shall maintain a complete record of all such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period upto which occupation has been authorised to ensure that the land has actually been vacated.
### 32. Power to cancel permit.
(1) The Highway Authority may cancel any permission granted under section 31.-
(a) if any rent or charge is not duly paid,
(b) if the purpose for which the permission was given has ceased to exist,
(c) in the event of any breach of any terms and conditions of such permission.
(d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic.
(2) Where the permission has been cancelled under clauses (b) or (d) of sub-section (1), any rent or charge paid in advance shall be refunded to the holder of such permission less the amount, if any, due to the State Government.
### 33. Removal of encroachment.
(1) When as a result of a checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 31 shall serve a notice on the person responsible for the encroachment or on his representative requiring him to remove such encroachment and restore the land to its original condition, as it exited before the said encroachment, within the period specified in the notice.
(2) The notice shall specify the land encroached upon and the time limit within which such encroachment is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction.
(3) If the encroachment is not removed within the period specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may request in writing to the Collector to remove the encroachment and thereupon the Collector shall take action for summary eviction as if the matter falls within the scope of section 64.
(4) When the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1) may, in addition to prosecution work. as may be feasible at a reasonable cost, carried out so as to Minimize the danger to traffic on the highway.
### 34. Appeal against notice served under sub-section (1) of section 33.
- Where the person on whom notice to remove an encroachment has been served under sub-section (1) of section 33 lays claim that the land in respect of which encroachment has been alleged. is his property or that he has acquired a right over it by virtue of adverse possession or otherwise, he shall within the time limit prescribed in the notice for the removal of the encroachment. file an appeal before the Collector under intimation to the Highway Authority or the officer authorized under sub-section (1) of section 31. as the case may be. The Collector shall after due enquiry record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from taking further action in the matter.
### 35. Recovery of cost of removal of encroachment.
(1) Whenever the Highway Authority or the officer authorised under sub-section (1) of section 31 has. under the provision of section 33, removed any encroachment or carried out any protective work in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
(2) A bill representing the expenditure incurred shall be served by the Highway Authority or the authorised officer referred to in sub-section (3) on the person responsible for the encroachment or his representative with a direction to pay up the amount within a specified period to the authority mentioned in the bill.
(3) The bill shall be accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof of the fact that the charges have actually been incurred.
(4) The material, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the amount within the specified period and if such payment is not made, the material may be auctioned and after deducting the amount of the bill from the proceeds, the balance, if any, shall be made over to such person.
(5) If the proceeds of the auction sale do not cover the total amount billed for, the excess over the amount realized by the sale of material or if there are no material to dispose of and billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such person as arrear of land revenue.
Chapter V
Supplemental Provisions Relating to Compensation
---------------------------------------------------------------
### 36. Determination of amount of compensation by agreement.
- After the issuance of notice under section 15 and before the determination of amount of compensation under section 17, the Collector may eater into an agreement for setting the amount of compensation, including apportionment of such amount among persons interested, with any person interested in the land wherein the rights and interests are sought to be extinguished for the purposes of the highway and as and when such an agreement is concluded, the Collector shall intimate to the Highway Authority the fact of conclusion of the agreement with a certified copy thereof and thereafter the Collector shall stop further proceedings with regard to determination of the amount of compensation under section 17 and shall make payment to the person or persons interested in accordance with the said agreement.
Provided that no such agreement shall be concluded by the Collector under this section without the previous approval of the State Government or such officer as the State Government may authorize in this behalf.
### 37. Compensation for divers/ion of access not to exceed cost of alternative access.
- Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given, the amount of compensation shall in no case exceed the cost of laying new means of access from the property of the claimant to such alternative route.
### 38. Compensation for cutting of standing crops; trees etc.
- At the time of any entry, survey or measurement or doing of any of the things under section 13, the officer making the entry, survey or measurement or doing any other thing shall prepare a detailed report of the damage done as a result of such entry, survey, measurement or execution of work including the cutting of standing crops, trees, or removal of temporary structures,if any, on the land and forward it to the Collector for consideration at the stage of determination of compensation under section 17.
### 39. No compensation for unauthorised erections.
- If any person has unauthorisedly erected, re-erected, added or altered any building on any land which is required for the purpose of a highway, then any appreciation in the utility of the land from such erection, re-erection, addition or alteration shall not be taken into account in determining the amount of compensation under section 17.
### 40. No compensation for removal of encroachment.
- No compensation shall be payable for the removal of any encroachment.
### 41. Payment by adjustment.
- All payments due to be made to any person by way of compensation by the Highway Authority under this Act shall, as far as possible, be made by adjustment in such person's account regarding betterment charges, if any, due from such person under Chapter VI.
Chapter VI
Levy of Betterment Charges
------------------------------------------
### 42. Notice to owners and persons interested.
- Where any work which a Highway Authority is empowered to undertake on a highway by or under the provisions of this Act, is undertaken, the officer authorised by the State Government in this behalf shall give notice to the persons known or believed to be the owners of or interested in the land benefited by such work, requiring, them to appear before him either personally or by an agent at a time and place therein mentioned such time not being earlier than thirty days from the date of notice and to state their objections, if any, to the imposition and recovery of betterment charges on such lands:
Provided that no such notice shall be given unless the 1-highway Authority. with the previous sanction of the State Government, has declared that the value of such lands is likely to increase or has increased by reason of the construction of such work.
### 43. Inquiry and order.
- On the date fixed under section 42 or on such other date to which the inquiry may be adjourned, the officer authorised under section 42 shall, after holding a formal inquiry and after hearing the objections, if any, stated by the persons as required by notice under section 42, make an order.
The order shall specify.-
(a) the lands benefited by the construction of the works:
(b) the increase in the value of such lands by the proposed construction;
(c) the amount of the betterment charges leviable on each of the said lands: and
(d) the date from which such betterment charges shall be leviable.Provided that no betterment charges shall be leviable in respect of any land.-
(i) which is unsuitable for development as a building site; or
(ii) which is situated beyond a distance of two hundred meters the middle of the highway on either side.
### 44. Increase in value and betterment charges.
- The increase in value on account of the construction of such work shall be the amount by which the value of the land on the date of the completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one half of such Increase in value.
Explanation.- For the purpose of this section, the State Government by notification in the Official Gazette, specify.-
(a) the date of commencement of the construction of any work; and
(b) the date of completion of such work.
### 45. Reference against order of authorised officer under section 43.
(1) Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorised under section 42, require that the matter be referred to the court.
(2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.
(3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) shall apply to the computation of the time fixed for reference under sub-section (2).
(4) The officer authorised under section 42 shall make the reference in such manner as may be prescribed.
### 46. Finality of order fixing betterment charges and of decision on reference.
- From the .date specified in the order fixing the betterment charges as the date from which such charges shall be leviable or from such date as may be otherwise specified by the Authority under section 45 as the date from which such charges shall be leviable and the betterment charges recoverable in respect of any land. if not paid on demand within the specified period, shall be recoverable as arrears of land revenue.
### 47. Betterment charges to be first charge on land next to land revenue.
- From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable or from such date as may be otherwise specified by the Authority under section 45 as the date from which such charges \*hall be leviable and the betterment charges recoverable in respect of any land, if not paid on demand within the specified period, shall be recoverable as arrears of land revenue.
### 48. Payment of betterment charges.
- The betterment charges shall be payable on the date fixed under the rules made by the State Government under section 69:
Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the State Government agreeing to pay the amount of such charges by annual instalments together with interest at such rate and within such period as may be prescribed.
### 49. Relinquishment of or exchange of land in lieu of payment of betterment charges.
- Notwithstanding anything contained in section 48, the State Government may allow the owner of the land on which the betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in lieu of payment of the charges in favour of the State Government on such conditions as may be prescribed:
Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.
Chapter VII
Supplemental Provisions to Secure Safety of Traffic and Prevention of Damage to Highways.
----------------------------------------------------------------------------------------------------------
### 50. Prevention of obstructions of view of person using any highway.
(1) Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any highway, specially at any bend or corner of the highway, it may, same as otherwise provided in section 10, serve a notice upon the owner or occupier of land in such manner as may be specified in the notice, the highs or character of any existing wall not being a wall forming part of a permanent structure, fence, hedge, trees, advertisement-posts, bill-board or any other object thereon. so as to cause it to conform with any requirements specified in the notice.
(2) If any person upon whom a notice has been served under sub-section (1) objects to comply with any requirement of such notice, he may, within one month of the receipt, send to the Highway Authority his objection in writing stating the grounds thereof.
(3) The Highway Authority shall, within one month of the receipt of the objection. consider the grounds advanced and shall by order in writing. withdraw the notice or amend or confirm it.
(4) If a person is aggrieved by an order issued by the Highway Authority under sub-section (3), he may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final.
(5) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (3), the Highway Authority may take action to alter the object causing obstruction of view at its own expense, and such expenditure shall be recovered from such person in accordance with the provisions of section 35, without prejudice to any other action which may be taken against him.
### 51. Highway Authority to regulate traffic when highway declared unsafe.
- If any, time, if appears to the Highway Authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise. it may subject to such rules as may be prescribed in this behalf. either close the highway or the portion of it to all traffic or to any class of traffic. or regulate the number and speed or weight of vehicles using the highway.
### 52. Prohibition of use of heavy vehicles on certain highway.
- Where the Highway Authority is satisfied that any highway or a portion thereof, or any bridge, culvert, or cause way built on or across any highway is not designed to carry vehicles of which laden-weight exceeds such limit as may be fixed in this behalf, it may subject to such rules, as may be prescribed in that behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway.
### 53. Procedure to be followed when Highway Authority desires to close any highway permanently.
(1) Where in exercise of the powers conferred on it by section 51 the Highway Authority desires to close down any highway or part thereof permanently. it shall give notice of its intention so to do in the Official Gazette. The notification shall also be published in at least two newspapers. one of which shall be in the Hindi language.
(2) The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already be in existence, and shall also invite objections, if any, to the proposal to be submitted within such time as may be specified.
(3) The Highway Authority shall finalize its proposal to close down any highway or part of it after considering the objections, if any, received within the specified time and shall submit the final proposal to the State Government for approval together with such objections as may have been received against the proposal.
(4) The State Government may either approve the proposal, with or without modifications, or reject it.
(5) When the State Government has approved the proposal, it shall publish its order in the Official Gazette.
(6) When the orders of the State Government have been published in the Official Gazette, the Highway Authority shall arrange for further publicity to be given to the orders in at least two newspapers one of which shall be in the Hindi language and the highway or part thererof shall then be closed.
(7) Whenever any highway or any part thereof has been so closed, reasonable compensation shall be paid to every person who entitled otherwise than as a mere member of the public, to use such highway or part thereof as a means of access to or from his property and has suffered damage for such closure.
### 54. Consent of Highway Authority required to do certain acts on highway.
- Notwithstanding anything contained in any other enactment for the time being in force but subject to the provisions of section 70, no person other than the Highway Authority or any person authorised by it shall construct or carry any cable, wire, pipe, drain, sewer. channel of any kind through, across, under or over any highway, except with the permission in writing of the Highway Authority.
(2) In giving its consent the Highway Authority may impose such conditions as it may deem to be necessary, and may also impose a rent or other charge for land forming part of the highway, occupied by or applied to the proposed . work.
(3) If any person constructs or carries out anywork in contravention of sub-section (1), the Highway Authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of section 32 as if the work constituted an encroachment on the highway. and such expenses as the Highway Authority may incur for this purpose, shall. without prejudice to any other action- that may be taken against such persons, be recovered from him in accordance with the procedure provided in section 35 in so far as the procedure is applicable.
### 55. Prevention and rectification of damage to highway.
(1) No person shall wilfully cause, or allow any vehicle or animal in his charge to cause any damage to any highway.
(2) Where in contravention of sub-section (1) any damage has been caused to any highway. the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible to the contravention of sub-section (1) be recovered from him in accordance with the procedure provided in section 35 in so far as that procedure is applicable.
Chapter VIII
Penalties
---------------------------
### 56. Disobedience of orders, instructions and refusal to give information etc.
- Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or obstructs any person or authority in the discharge of any functions that such person or authority is required or empowered under this Act to discharge, or being required by or under this Act to supply any information, withhold such information or gives information which he knows to be false or which he does not believe to be true shall, on conviction be punishable with fine which may extend to two thousand rupees.
### 57. Contravention or restrictions relating to access or erecting any building etc.
- Whoever erects, alters or extends any building or makes any excavation , or constructs any means of access to or from a highway or does any other work in contravention of the provisions of section 8, shall, on conviction, be punishable.-
(a) with fine which may extend to five thousand rupees; and
(b) with further fine which may extend to one thousand rupees for each day after such conviction, during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition.
### 58. Unauthorised occupation of highway.
- Whoever.-
(a) occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of section 31; or
(b) fails to comply with the notice served on him under sub-section (1) of section 33 for no valid reason, shall on conviction be punishable.-
(i) for first offence with fine which may extend to five thousand rupees: and
(ii) for a subsequent offence in relation to the same encroachment with fine which may extend to ten thousand rupees, and
(c) for persistent encroachment, imprisonment upto two months plus a further fine not exceeding live hundred rupees per day on which such occupation of the highway or encroachment continues.
Explanation.-For the purposes of this sub-clause. "persistent encroachment" shall mean continuance or committing of encroachment by any person on the same portion or place of the highway for which he was punished earlier under sub-clause (b) of this section.
### 59. Causing damage to highways.
- Whoever, in contravention of sub-section (1) of section 55. wilfully. causes or allows any vehicles or animal in his charge to cause any damage to any highways, shall on conviction, be punishable with fine which may extend to one thousand rupees or imprisonment upto two months.
### 60. General provisions for punishment of offences.
- Whoever contravenes any provision of this Act or any rule or order made thereunder shall, if no other penalty is provided for the offence, on conviction, be punishable.-
(a) for a first offence with fine which may extend to one hundred rupees: and
(b) for a subsequent offence with fine which may extend to five hundred rupees.
### 61. Power to compound offences.
- Any offence committed under this Act may be compounded by the Highway Authority and if any proceedings have been instituted against any person in any criminal court, then on the terms of the compromise being carried out, the composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or any property of such person with reference to the same facts.
Chapter IX
Miscellaneous
-----------------------------
### 62. Powers and duties of Police.
- Every Police Officer shall forthwith furnish information to the nearest Highway Authority or the nearest Officer subordinate to the Highway Authority for any offence coming to his knowledge which has been committed against this Act or any rule made under this Act, and shall be bound to assist the Highway Authority and its officers and servant in the exercise of their lawful authority.
### 63. Duties of village officials.
- Every village headman, village watchman or other village official by whatever name called, shall forthwith inform the nearest police station or the nearest Highway Authority or any officer duly authorised by the Highway Authority whenever he becomes. aware that any survey mark of any highway or any mark showing the building or control line determined in respect of a highway has been destroyed. damaged, removed, displaced or otherwise tempered with or that any damage to any highway has been made.
### 64. Eviction.
- Any person wrongfully occupying any land.-
(a) which is a part of a highway;
(b) the occupation of which contravenes any provision of this Act and the said provision do not provide for the eviction of such person; shall be evicted under and in accordance with the provisions of this Act and
said provision do not provide for the eviction of such person; shall be evicted under and in accordance with the provisions of the Rajasthan Public Premises, (Eviction of Unauthorised Occupants) Act. 1964 (Act
No. 2 of 1965
).
### 65. Registration of map made under section 7 not required.
(1) Nothing in the Indian Registration Act, 1908 (Central Act XVI of 1908) shall require the-registration of any map made under section 7.
(2) All such maps shall, for the purpose of sections 49 and 50 of the Indian Registration Act, 1908 (Central Act XVI of 1908) be deemed to have been registered in accordance with the provisions of that Act:
Provided that the maps shall be accessible to the public in the manner prescribed.
### 66. Certain persons to be public servants.
- The Highway Authority and all the officers and other persons authorised or appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 1860 (Central Act XLV of 1960).
### 67. Bar of jurisdiction.
- No Civil Court shall have jurisdiction to settle. decide or deal with any question, which is by or under this Act required to be settled, decided or dealt with by the Highway Authority. the Collector. an officer or person authorised under this Act, or the State Government.
### 68. Protection of persons acting in good faith and limitation of suit or prosecution.
(1) No suit, prosecution or other legal proceedings shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act, or the rules or orders made thereunder.
(2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything done or intended to be done under this Act, miles the suit or prosecution has been instituted within six months from the date of the act complained of.
### 69. Power to make rules.
(1) The State Government may, by notification in the official Gazette, and subject to the condition of previous publication make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power. the State Government may make rules for all or any of the following matters.-
(a) the manner in which the notification may be published in the village at the headquarters of the tehsil and district under sub-section (2) of section 6;
(b) the other places at which copies of map may be kept for inspection under section 7;
(c) the form of application and its contents under sub-section (2) of section 8;
(d) the manner of publishing the notification under section 15;
(e) die conditions on which and the amount of rent or charge on payment of which encroachments may be made on a highway;
(f) fixation of the date on which the betterment charges shall be payable under section 48 and instalments together with the rate of interest and the period within which such instalments shall be paid under the proviso to the said section:
(g) the conditions on which any land may be relinquished or delivered in exchange in favour of the State Government under section 49;
(h) rules subject to which a highway or portion of it may be closed to traffic or any class or traffic or the number and speed or weight of vehicles using the highway may be regulated under section 51;
(i) rules subject to which plying of vehicles may be prohibited under section 52;
(j) the prevention of obstruction of view of persons using highways and of annoyance, danger or injury to the public;
(k) the prevention of obstruction encroachment and nuisance on or near and of damages to highway:
(l) the proper maintenance of boundary marks, demarcating highway boundaries and building and control lines;
(m) the prescription of various forms of applications required to be made and the forms of notices and bills required to be served on persons, the charges to be made for the supply of copies of maps, and the rent or other charges to be imposed or levied under the provisions of this Act;
(n) the general guidance of the Highway Authority in the discharge of its functions under this Act;
(o) regulation or diversions of existing rights of access;
(p) the manner in which the notice or bills may be served or presented; and
(q) any other matter which is to be or may be prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the State Legislature agrees in making any modification in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modification or annulment shall be without prejudice to the validity of anything previous done under that rule.
### 70. Savings.
(1) Subject to the provisions of this section, nothing in this Act shall effect.-
(a) the rights of any local authority to make any excavation for the purpose of laying, making, altering, repairing or renewing any sewer, drain, water-course or other work;
(b) the rights of any authority appointed under any law for the time being in force for gas, water, electricity, railways, telephone to erect any support or make any excavation for the purpose of laying, making altering, repairing or renewing any main pipe, sluice, wire, electric-line, cable, duct. drain or other apparatus;
(c) any land belonging to railway administration or belonging to or used by a person holding a licence or sanction for the generation. transformation or distribution or electricity under the Indian Electricity Act, 1910 (Central Act IX 1910), when such land is held or used by the railway or for generation. transformation or distribution of electricity. except in so far as they may consent thereto;
(d) any land within the limits of a cantonment;
(e) any land within the jurisdiction of a local authority under the administrative control of the Central Government: Provided that.-
(i) any restriction in force under section 8 as to construction, formation or laying out of means of access to or from any road shall without any such consent as aforesaid, extend to any such land as is specified in clause (c) in so far as the restrictions relate to means of access over or under such land to or land other than land so specified; and
(ii) any consent required for the purpose of this section shall not be unreasonably withheld and the question whether or not the consent so required is unreasonably withheld shall be determined by the State Government and the decision of the State Government on question shall be final.
(2) Nothing in this Act shall affect any powers and duties of the Telegraph Authority under the provisions of the Indian Telegraph Act, 1985 (Central Act XIII of 1885).
### 71. Provisions of this Act or rules to prevail over inconsistent provisions in other law.
- Save as provided in section 70, the provisions of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, in so far as such law is inconsistent with the said provisions or rules and such law to the extent of such inconsistency shall cease to apply or shall not apply to any such matter:
Provided that if any highway is declared to be a National Highway under the National Highway Act, 1956 (Central Act XLVIII of 1956), it shall be lawful for the State Government to fix the building and control lines for different portions of the said highway under section 6 or to levy betterment charges under section 41 on lands the value of which has increased by reasons of the construction or proposed constructions of such highway and thereafter the provision of this Act in so far as they apply to the restrictions on buildings. between the highway boundary and the building line or between the building line and the control line and other provisions relating to such building and control lines shall, or as the case may, the provisions of this Act relating to the levy of betterment charges shall. mutatis mutandis, apply.
### 72. Act not to apply to national highway.
- Save as otherwise provided in proviso to section 71, or the removal of doubt, it is hereby declared that nothing in this Act shall apply to highways which are or have been declared by or under the National Highway Act, 1956 (Central Act XLVIII of 1956), as national highways.
### 73. Repeal and Savings.
- The Bombay Highways Act, 1955 (Bombay Act LV 1955) as in force in Abu Area now forming part of the State of Rajasthan is hereby repealed but not so as to. affect as previous operation.
|
65ba6b28ab84c7eca86eb39e | acts |
Union of India - Act
----------------------
ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990
------------------------------------------------------------------------
UNION OF INDIA
India
ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990
========================================================================
Rule ATA-CARNET-FORM-OF-BILL-OF-ENTRY-AND-SHIPPING-BILL-REGULATIONS-1990 of 1990
----------------------------------------------------------------------------------
* Published on 6 April 1990
* Commenced on 6 April 1990
ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990
Published vide Notification No. 14/90 Cus. (N.T.), dated 6th April, 1990
Notification No. 14/90 Cus. (N.T.), dated 6th April, 1990. - In exercise of the powers conferred by Section 157, read with Sections 46 and 50 of the Customs Act, 1962, (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations, namely :
### 1. Short title and commencement.
(1) These Regulations may be called the ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990.
### 2. They shall come into force on the 1st day of May, 1990.
### 3. Definition.
- In these regulations "ATA Carnet means ATA Carnet" issued in accordance with the Customs Convention on ATA Carnets by any Issuing Authority affiliated to the International Bureau of Chamber of Commerce and guaranteed in India by the Federation of Indian Chamber of Commerce and Industry.
### 4. Form of bill of entry and shipping bill.
- The bill of entry of the shipping bill to be presented by an importer or an exporter of any goods for import or export shall be in the forms annexed to these regulations.
Forms for ATA Carnet (Bill of Entry and Shipping Bill) Regulations, 1990
Annexure 2
| | |
| --- | --- |
|
Issuing ApplicationAssociation emettrice
|
Issuing AssociationAssociation emettrice
|
|
InternationalGuarantee ChainChain
De GarantieInternationale
|
InternationalGuarantee ChainChain
De GarantieInternationale
|
Carnet De Passages En Douane For Temporary Admission
Carnet De Passages En Douane Pour L' Admission Temporaire
Customs Convention On The A.T.A. Carnet For The Temporary Admission Of Goods
Convention Douaniere Sur Le Carnet A.T.A. Pour L' Admission Temporaire De Marchandises
(Before completing the Carnet, please read Notes on cover page 3)
(Avant de remplir le carnet, lire la notice en page 3 de la couverture)
To Be Returned To Office Of Issue After Use
| | |
| --- | --- |
|
A. HOLDER AND ADDRESS/
|
For Issuing
Association Use/
Titulaire
et address Reserve al' Association emettrice
Front
Cover/Couverture(a) A.T.A. Carnet No.Carnet A.T.A.
No.
|
|
B.[Represented By]
[If applicable/s'ily a lieu.]
/
|
(b) issued by/Delivre par[Represente par]
[If applicable/s'ily a lieu.]
|
|
C. Intended Use/Utilisation(inclusive) |
(c) Valid Until/Valable jusq' au prevue
des marchandieses
...../............../............Year
month dayann'ee
mois jour (inclus) |
| |
| --- |
|
This Carnet may be used in the following countries under the guarantee of the following association:/Ce carnet est valable dans les pays ci-apre's, sous la garantie des associations suivantes:
|
|
Australia (AU) The State chamber of Commerce and Industry, Victoria.
AUSTRIA (AT) Bundeskammer der gewerblichen Wirschaft. Vienna.
BELGIUM (BE) Federation Nationale des Chambres de Commerce et d' Industrie de
Belgique, Brussels.
BULGARIA (BG) The Bulgarian Chamber of commerce and Industry, Sofia.
CANADA (CA) The
Canadian Chamber of Commerce, Montreal, Quebec.
FRANCE (FR) Chambre de Commerce et d' Industrie de Paris, Paris.
GERMANY (DE) Deutscher Industrieund Handelstag, Bonn.
GIBRALTAR (GI) Gibraltar Chamber of Commerce, Gibraltar.
GREECE (GR) The Athens Chamber of Commerce, and Industry, Athens.
HONG KONG (HK) The Hong Kong General Chamber of Commerce.
HUNGARY (HU) Magyar Kereskedelmi Kamara, Budapest.
ICELAND (IS) Iceland Chamber of Commerce (Verzlunarrad islands) Reykjavik.
IRELAND (IE) The Dublin Chamber of commerce, Dublin.
ISRAEL (IL) Tel-Aviv Yaffo Chamber of Commerce, Tel-Aviv.
ITALY (IT) Unione Italiana delle Camere di Commercio Industria e
Agricoltura, Rome.
JAPAN (JP) The Japan Chamber of commerce and Industry, Tokyo.
KOREA (KR) The Korea Chamber of Commerce and Industry, Seoul.
LUXEMBOURG (LU) Federation Nationale des Chambres de Commerce et d' Industrie de
Belgique, Brussels.
MAURITIUS (MU) the Mauritius Chamber of commerce and Industry, Port Louis.
NETHERLANDS (NL) Kamer van Koophandel en Fabrieken voor's-Gravenhage, The Hague.
NEW ZEALAND (NZ) The Wellington Chamber of commerce, Wellington.
NORWAY (NO) Oslo Chamber of commerce,
Oslo.
|
COTE D'IVOIRE
(CI) Chambre de Commerce de la Co'te d' lvoire, Abidjan.
CYPRUS (CY) Cyprus Chamber of Commerce and Industry, Nicosia.
CZECHOSLOVAKIA
(CS) Ceskoslovenska Obchodni a Prumyslova Komora, Praha.
FINLAND (FI) The Central Chamber of commerce of Finland, Helsinki.
POLAND (PL) Polish Chamber of Foreign Trade, Warsaw.
PORTUGAL (PT) Associacao commercial de Lisboa, Lisbon.
ROMANIA (RO) Camera De Comert si Industrie and Republich Socialiste Romania,
Bucarest.
SENEGAL (SN) Chamber de Commerce et d' Industrie de la Region de Dakar, Dakar.
SINGAPORE (SG) The Singapore International Chamber of Commerce, Singapore.
SOUTH AFRICA (ZA) the association of Chambers of Commerce of South Africa,
Johannesburg.
SPAIN (ES) Consejo Superior de las Cameras Oficiales de Comercio Industria y
Navegacion de Espana, Madrid.
SRI LANKA (LK) Sri Lanka National Council of the International Chamber or
Commerce, Colombo.
SWEDEN (SE) The Stockholm Chamber of commerce, Stockholm.
SWITZERLAND (CH) Alliance des Chambers de commerce Suisses, Ganeva.
TURKEY (TR) Union of Chambers of Commerce, Industry, Maritime Commerce and
Commodity Exchanges of Turkey, Ankara.
UNITED KINGDOM
(GB) The London Chamber of Commerce and Industry,. London.
UNITED STATES OF
AMERICA (US) U.S. Council for International Business, New
York.
YUGOSLAVIA (YU) The Yugoslav Federal
Economic Chamber, Belgrade.
|
|
This holder of this carnet and his representative
will be held responsible for compliance with the laws and
regulations of the country of departure and the countries of
importation/A change pour le titulaire et son representant de se
conformer aux lois et reglements du pays de depart et des pays d'
importation.
|
| | |
| --- | --- |
|
Certificate
by Customs Authorities/Attestation des autorites
douanieres
(a) Identification marks have been affixed as indicated in column 7
against the following item No(s) of the General List/Appose'
les marques d' identification mentionne es dans la colonne 7 en
regard du (desnume'ro(s) d'ordre suivant(s) de la liste
generale........................................................................
(b) Goods
examined\*/Verifie les marchandises\*
|
Signature
of authorised official and stamp of the Issuing
Association/Signature du delegue et timbre de l'
association e'
meltrice...............................................................
Place
and Date of Issue(year/month/day)
Lieu
et date d' emission(annee/mois/jour)
X..........................................X
Signature
of Holder/Signature du titlulaire
|
|
Yes/Oitti
|
[]
|
No/Non
|
[]
|
|
(c) Registered under Reference No. \*/...............Enregistre
sous le numero\*
(d) ...................................
|
|
CustomsOfficeBureau dedouane
|
PlaceLieu
|
Date
(Year/month/day)Date (anne/mois/jour)
|
Signature
and stampSignature et Timbre
|
| |
| --- |
|
Identification Marks have been affixed as indicated in
column 6 against the following items No(s) of the General List :/Appose les marques d' identification mentionnees dans la colonne 7, en regard du
(des) numero(s) suivant(s) de la liste
generale:......................................................................................................................................................................................................................
|
|
..............................Customs
OfficeBureau de
Douane
|
...................PlaceLieu
|
..............................Date(year/month/day)Date(annee/mois/jour)
|
............................Signature
and StampSignature
et Timbre
|
| |
| --- |
|
Identification Marks have been affixed as indicated in
column 6 against the following items No(s) of the General List :/Appose les marques
d' identification mentionnees dans la colonne 7, en regard du
(des) numero(s) d' ordre suivant(s) de la liste
generale:...........................................................................................................…...........................................................................................................
|
|
..............................Customs
OfficeBureau de
Douane
|
...................PlaceLieu
|
........./......../...........Date (year/month/day)date/annee/mois/jour
|
............................Signature and StampSignature et Timbre
|
GENERAL LIST/LISTE GENERALE
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Item No./No.
D' order
|
Trade description of goods and marks and
numbers, if any/Designation
commercial des marchandises et, le cas echeant, marques et
numcros
|
Number of Pieces/Nombre
de Peices
|
Weight of volume/Poids
ou volume
|
[Value]
[Commercial value in country of issue and in its currency, unless stated differently/ Valeur commerciale dans le pays d 'emission et dans sa monnaie, sauf indication contraire.]
/Valeurorigin/
|
[Country of origin]
[Show country of origin if different from country of issue of the Carnet, using ISO country codes./ Indiquer le pays d'origine s'il est different du pays d' emission du carnet, en utilisant le code international des pay ISO.]
/Pays
d'origine
|
For Customs use/Reserve
a la douane
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
Total or Carried
Over/Total ou A Reporter
|
|
|
|
|
| | |
| --- | --- |
|
EXPORTATION COUNTERFOIL No.SOUCHE D' EXPORTATION
|
A.T.A CARNET No.CARNET
A.T.A No.
|
| |
| --- |
|
1. The goods described in the
General list under Item No. (s) ...................................Les
marchandises enumerees a la liste generale sours le (s) No. (s).........................................................................................................have
been exported/ont ete exportees
|
|
2.[Final date for
duty-free re-importation'
[If applicable/sily a lieu.]
/Date limite pour la reimportation
en franchise]
{|
|
|
year
/ month/dayannee / mois / jour
|
|-
| 3.[Other
remarks
[If applicable/sily a lieu.]
/Autres
mentions].........................................................................................................................................
| 7.
.........................Signature
and stampSignature et Timbre
|-
| 4.
.................................Customs
OfficeBureau de dounae
| 5.
..........PlaceLieu
| 6.
...../.........../..........Date(year/month/day)Date
(annee/mois/jour)
|}
| | | | |
| --- | --- | --- | --- |
|
EXPORTATION
|
EXPORTATION
|
A. HOLDER AND ADDRESS/Titulaire et
addresse
|
FOR ISSUING ASSOCIATION USE/Reserve
a l' Association emettriceG. EXPORTATION VOUCHER
No..................Volet d' ecportation
No.......................
|
|
|
(a) A.T.A. CARNET No.
….............................Carnet A.T.A. No.
|
|
B.[REPRESENTED BY
[If applicable/sily a lieu.]
/Represente par]
|
(b) ISSUED BY/Delvre par
|
|
C. INTENDED USE OF GOODS/Utilisation
prevue Des marchandies
|
(c) VALID
UNTIL/valable jusqu' au
…............/................/.............year
month day (inclusiveannee
mois jour (inclus) |
|
|
D.[MEANS OF
TRANSPORT
[If applicable/sily a lieu.]
/Moyens de transport]
................................................................
E.[PACKING DETAILS (Number, Kind, Marks
etc.)
[If applicable/sily a lieu.]
/Details d' emballage (nombre, nature, marques,
etc.)]
|
FOR CUSTOMS USE
ONLY/Reserve a la DouaneH. CLEARANCE ON
EXPORTATION/Dedouanement a l' exportation(a) The gods referred to in the above declaration have been
exported/Les marchandises faisant l'object de la
declaration ci-conntre ont ete exportess(b) Final date
for duty-free re-importation/date limite pour la
reimortation en franchise.
…....../.............../.............year
month dayannee mois jour
(c) [This voucher must be forwarded
to the Custom Office at
[If applicable/sily a lieu.]
/Le present volet devra etre
transmis au bureau de douane
de]…......................................................................
|
|
F. TEMPORARY
EXPORTATION/Declaration d'exportation temporaire.
I,
duly authorised:/le soussigne, doment authorise:
(a) declare that
I am temporarily exporting the goods enumerated in the list
overleaf and described inn the General List under item No. (s) /declar exporter temporairement les marchandises anumerees al
l a liste figurant au verso et reprises a la liste generale des
marchandises sous le (s) no. (s)
(b) undertake to
reimport the goods within the period stipulated by the Custom
Officer or regulrize their status in accordance with the laws and
regulations of the country of importation./Im engage a
reimporterces marchandises dans le delai fixe par le bureau de
douane or a regulariser leur situation selon les lois et
reglements du pays d'importation
(c) confirm that the information given true and
complete./ceritifie siceres et completes les indications
portees sur le present volet.
|
(d) [Other
remarks
[If applicable/sily a lieu.]
:/Autres mentions]
At/A..........................................................Customs
Office/Bureau de douane
|
|
…............../................../................Date
(year/month/day)Date(annee/mois/jour)
|
..............................................Signature
and StampSignature et Timbre
|
|
Place............Lieu
|
Date(Yearmonth/day)Date(annee/mois/jour)
|
|
Name...........................................Nom
Signature
X....................................XSignature
|
GENERAL LIST / Liste Generale
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Item No./d' ordre
|
Trade description of goods and marks and
numbers, if any/Designation
commercial des marchandises et, le cas echeant, marques et
numeros
|
Number of Pieces/Nombre
de Pieces
|
Weight of volume/Poids
ou volume
|
[Value]
[Commercial value in country of issue and in its currency, unless stated differently/ Valeur commerciale dans le pays d'emission et dans sa monnaie, sauf indication contraire.]
/Valeur
|
[Country of origin]
[Show country of origin if different from country of issue of the Carnet, using ISO country codes./ Indiquer le pays d'origine s'il est different du pays demission du carnet, en utilisant le code international des pay ISO.]
/Pays
d'origine
|
For Customs use/Reserve
a la douane
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
TOTAL or CARRIED
OVER/TOTAL ou A REPORTER
|
|
|
|
|
| | |
| --- | --- |
|
RE-IMPORTATIN COUNTERFOIL No.SOUCHE
DEREIMPORTATION No.
|
A.T.A. CARNET No.CARNET
A.T.A. No.
|
| |
| --- |
|
1. The goods described in the General list under Item No.
(s) .........................Les marchandises
enumerees a la liste generale sous le (s) No.
(s) .....................................................................................................................which
were temporarily exported under cover of exportation voucher(s) No.(s) .....................of this Carnet have been
re-imported/exportees temporairement sous le couvert du
(des) volet(s) d'exportation No. (s) du present carnet
ont 'ete' reimportees.
|
|
2.[Other remarks
[If applicable/Sily a lieu.]
/Autres Mentions]..................................................
|
|
3.
....................Custom officeBureau
dedouane
|
4.
............PlaceLieu
|
5.
......../......./............Date
(year/Month/day)Date(annee/mois/jour)
|
6.
.................Signature
and StampSignature
et Timbre
|
| | | | |
| --- | --- | --- | --- |
|
REIMPORTATION
|
REIMPORTATION
|
A. HOLDER AND ADDRESS/Titulaire
et adress
|
FOR ISSUING ASSOCIATION USE/Reserve a
l' Association emettriceG. REIMPORTATION VOUCHER
No............Volet dereimportation No.
...............................
|
|
(a) A.T.A. CARNET
No...........................Carnet A.T.A. No.
|
|
B.[REPRESENTED BY /
[If applicable/Sily a lieu.]
Represente par]
|
(b) ISSUED BY/Delivre Par
|
|
C.[INTENDED USE OF GOODS
[If applicable/Sily a lieu.]
Utilisation
preoue des marchandises]
|
(c) VALID
UNTIL/Valable jusqu' au
…..../............/............/.........Year
month day (inclusive) annee
mois jour (inclus) |
|
|
D.[MEANS OF TRANSPORT
[If applicable/Sily a lieu.]
/Moyens de
transport]
|
FOR CUSTOMS USE
ONLY/Reserve a la DounneH. CLEARANCE ON
REIMPORTATION/Dedouanement a l/a reimportation
(a) The goods
referred to in declaratin have been paragraph F(a) and (b) of the
holder's reimported/Les marchandises visees aux paragraph
F (a) et (b) de la declaration cl-contre ont ete reimportees
(b) [This voucher
must be forwarded to the customs Office at
[If applicable/Sily a lieu.]
/Le present
volet devra etre transmis au bureau de douane
de]….......................................................
(c) [Other
remarks:
[If applicable/Sily a lieu.]
/Autres mentions]:
At/A......................................................Custom
Office/Bureau de douane
{|
|
|
...../............/.........Date
(year/month/day(Date (annee/mois/jour)
|
…........................Signature
and StampSignature
et Timbre
|
| | |
| --- | --- |
|
Place.............Lieu
|
Date(year
Month/day)Date(annee/mois/jour
|
Name
…...........................................Nom
Signature
X..........................................XSignature
|-
| E.[PACKAGING
DETAILS (Number, Kind, Marks etc.)
[If applicale/sily a lieu.]
/Detail
d'emballage (nombre, nature, marques, etc.)]
|-
| F. RE-IMPORTATION
DECLARATION/Declaration de reimportation.
I,
duly authorised:/Je soussigne, dument authorise
(a) declare that
the goods enumerated in the list overleaf and described in the
General List under Item No.(s) /declare que les
marchandises enumerees a la liste figurant au verso et reprises a
la liste generale sous le(s) No.(s)
................................................were
temporarily exported under cover of exportation voucher (s) No.
(s) /ont ete exportees temporairement sous le couvert
du(des) volet(s) d' exportation No. (s).request duty free
reimportation of the said goods/demande la reimportation en
franchise de ces marchandises.
(b) [declare that
the said goods have Not under gone any process abroad, except for
those described under No. (s) :
[If applicale/sily a lieu.]
/declare que les dites
marchandises n' ont subiaucune ouvraison a l' etranger, sauf
celles enurmerees sous le(s) No. (s).]......................................
(c) [declare
that goods of the following item No. (s) have not been
re-imported]
[If applicale/sily a lieu.]
/declare ne pas reimported les marchandises
reprises ci-dessous sous le(s) no.
(s) ..................................
(d) confirm that
the information given is true and complete/certifie
sinceres et completes les indications portees sur le present
volet.
|}
GENERAL LIST/LISTE GENERALE
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Item No./d' ordre
|
Trade description of goods and marks and numbers,if any/Designation commerciale des marchandises et, le cas echeant,
marques et numeros
|
Number of Pieces/Nombre de Pieces
|
Weight or Volume/Poids ou Volume
|
[Value]
[Commercial value in country of issue and in its currency, unless stated differently/ Valeur commerciale dans le pays d' emission et dans sa monnaie, sauf indication contraire.]
/Valeur
|
[Country of origin]
[Show country of origin if different from country of issue of the Carnet, using ISO Country codes./ Indiquer le pays d'origine s'il est different du pays demission du carnet, en utilisant le code international des pays ISO.]
/Pays d'origine
|
for Customs Use/Reserve a la douane
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
Total or Carried Over/Total ou A Reporter
|
|
|
|
|
| | |
| --- | --- |
|
IMPORTATION COUNTERFOIL No.SOUCHE
D IMPORTATION No.
|
A.T.A. CARNET No.CARNET
A.T.A. No.
|
| |
| --- |
|
1. The goods
described in the General List Under Item No. (s) ....................................Les marchandises
enumerees a la liste generale sous le(s) No.(s).…..................................................have
been temporarily imported./ont
ete importees/temporairement
|
|
2.[Final date for re-exportation/production to the Customs of
goods
[If applicale/sily a leiu.]
/Date limite pour la reexportation la
re-representation a la douane des merchandises]
{|
|
|
year/
|
/month
|
/day/
|
|
anee/
|
mois
|
/jour
|
|-
| 3.[Registered under reference No.
[If applicale/sily a leiu.]
/Enregistresous
le No.]........................................................
|-
| 4.[Other remarks
[If applicale/sily a leiu.]
/Autres
mentions]........................................…...............................................................................
|-
| 5.….....................Customs
officeBureau dedouane
| 6.…........PlaceLieu
| 7.…....../......../........Date(year/month/day)Date(annee/mois/jour)
| 8.…..........Signature
and StampSignature et Timbre
|}
| | | | |
| --- | --- | --- | --- |
|
IMPROTATION
|
IMPROTATION
|
A. HOLDER AND ADDRESS/Titulaire et
adresse(a) |
FOR ISSUING
ASSOCIATION USE/Reserve a l'Association emettrice
G. IMPORTATION VOUCHER
No..............Volet d' importation No.
..................A.T.A. CARNET No......................Carnet A.T.A. No.
|
|
B.[REPRESENTED BY
[If applicale/sily a leiu.]
/Represente par]
|
(b) ISSUED BY/Delivre par
|
|
C. INTENDED USE OF GOODS/Utilisation
prevue des marchandises
|
(c) VALID UNTIL/Valable
jusque'au…......../
............/ ............/Year month day(Inclusive) annee
mois Jour (inclus) .
|
|
|
D.[MEANS OF TRANSPORT
[If applicale/sily a leiu.]
/Moyens de
transport]
|
FOR CUSTOMS USE
ONLY/Reservea la douane
H. CLEARANCE ON
EXPORATION/Dedouanement a l'importation
(a) The goods
referred to in above declaration have been temporarily
imported/Les marchandises faisant l' object de la
declaration ci-contre ont ete importees tempoairement.(b) [Final date for re-exporatation/production to the customs:
[If applicale/sily a leiu.]
/Date
limite pour la re-exportation la re-presenstation a la douane des
marchandises]:
…........./........./.............................year
month dayannee
mois jour
(c) [Registered under reference No.
[If applicale/sily a leiu.]
/Enregistre
sous le No.]..........................................(d) [Other remarks
[If applicale/sily a leiu.]
:/Autres
mentions]:At/A....................................................Customs
Office/Bureau de
douane
{|
|
|
…....../ …......../ …...........
|
…..................................................
|
|
Date (year/month/day)Date (annee/mois/jour)
|
Signature and StampSignature et
Timbre
|
| | |
| --- | --- |
|
Place …..........
|
Date (year month/day)
|
|
Lieu
|
Date (annee/mois/jour)
|
Name…..............................Nom
|-
| E.[PACKAGING DETAILS
(Number, Kind, Marks etc.)
[If applicale/sily a leiu.]
/Detail d' emballage
(nombre, nature, marques, etc.)]
|-
| F.
TEMPORARY IMPORTATION/DECLARATION/D'e claration
d'importation temporaire
I,
duly authorised:/Je soussigne, dument autorise:
(a) declare that I am temporarily importing in compliance with the
condition laid down in the laws and regulations of the country of
importation, the goods enumerated in the list overleaf and
described in the General List under item No.(s) /declare
importer temporairment, dans les conditions prevues par les lois
et reglements du pays d'importation, les marchandises enumerees a
la liste figurant au verso et reprises a la liste generale sous
le(s) No.(s)
....................................…...............................
(b) declare that goods are intended for use at/declare que les
marchandises sont destinees a etre utilises a
…................…...................................
(c) undertake to comply with these laws and regulations and to
re-export the said goods within the period stipulated by the
Customs Office or regularize their status in accordance with the
laws and regulations of the country of importation./m
' engage a' observe ces lois et reglements et a re exporter ces
marchandises dans les delais fixes par le bureau de douance ou a
regulariser leur situation selon les lois et reglements du pays d'importation.
(d) confirm that
the information given is true and complete./certifie
sinceres et completes les indications portees sur le present
volet..
Signature
X.......................XSignature
|}
GENERAL LIST/LISTE GENERALE
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Item No./d'ordre
|
Trade description of goods and marks and numbers,if any/Designation commerciale des marchandises et, le cas echeant,
marques et numeros
|
Number of Pieces/Nombre de Pieces
|
Weight or Volume/Poids ou Volume
|
[Value]
[Commercial value in country of issue and in its currency, unless stated differently/ Valeur commerciale dans le pays d'emission et dans sa monnaie, sauf indication contraire.]
/Valeur
|
[Country of origin]
[Show country of origin if different from country of issue of the Carnet, using ISO Country codes./ Indiquer le pays d'origine s'il est different du pays demission du carnet, en utilisant el code international des pays ISO.]
/Pays d'origine
|
For customs Use/No. Reserve a la douane
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
Total or Carried Over/Total ou A Reporter
|
|
|
|
|
| | |
| --- | --- |
|
RE-EXPORTATION COUNTERFOIL No.SOUCHE
DE RE-IMPORTATION No.
|
A.T.A. CARNET No.CARNET
A.T.A. No.
|
| |
| --- |
|
1. The goods described in the
general list under Item No.(s) ........................................Les
marchanises enumerees a la liste generale sous le(s) No.
(s) .…........................................................................................................[Temporarily
imported under cover of importation
voucher(s) [If applicable/sily a lieu.]
No.(s) .....................Importees
temporairement sous le couvert du(des) volet(s) d'importation No.
(s) Of this Carnet have been re-exported /du
present carnet ont ete re/exportees]
|
|
2.[Action taken in respect of
goods produced but not re-exported
[If applicable/sily a lieu.]
…...............Measures
prises a l'egard des marchandises representees mais non
re/exportees]
|
|
3.[Action taken in respect of
goods not produced and not intended for later re-exportation
[If applicable/sily a lieu.]
/Measures prises a l' eagard des marchandises non representees
et non destinees a une reexportation
ulteneure]…...................................................................…..................................................................
|
8.….....................Signature
and StampSignature et Timbre
|
|
4.[Registered under reference
No.
[If applicable/sily a lieu.]
/Enrgistre
sous le No.].............................
|
|
5.…...........................Customs
officeBureau dedouane
|
6.…..................PlaceLieu
|
7.…..../............../..................Date(year/month/day)date(annee/mois/jour)
|
| | | | |
| --- | --- | --- | --- |
|
REEXPORTATION
|
REEXPORTATION
|
A. HOLDER AND ADDRESS/Titulaire
et adresse
|
FOR ISSUING
ASSOCIATION USE/Reserve a l' Association emettrice
G. RE-EXPORTATION VOUCHER
No..............Volet d' importation No.
..................(a) A.T.A. CARNET No......................Carnet
A.T.A. No.
|
|
B.[REPRESENTED BY
[If applicable/sily a lieu.]
/Represente
par]
|
(b) ISSUED BY/Delivre par
|
|
C. INTENDED USE/Utilisation
prevue
|
(c) VALID UNTIL/OF GOODS/Valable
jusque 'au des marchandises…......../
............/ ............/Year month day(Inclusive) annee
mois Jour (inclus) .
|
|
|
D.[MEANS OF TRANSPORT
[If applicable/sily a lieu.]
/Moyens de
transport]
E.[PACKING DETAILS (Number, kind , Marks etc.)
[If applicable/sily a lieu.]
/Details d'
emballage )(nombre, nature, marques, etc.)]
F.
RE-EXPORTATION DECLARATION/Declaration de reexporatation.
I,
duly authorised:/je sousiigne, dument autorise:
(a) declare that I am rexporting the goods enumberated in the list
overleaf and described in the General List under Items No..
(s) /declare reexporeter les marchandises enumberees a la
liste figurant au verso et reprises a la liste genaerale sous
le(s) No. )(s).…...............................of
this Carnet/du present carnet
(b) declare that goods produced against the following Item No. (s)
are not intended for re-exporation:/declare que les
marchandises representees et reprises sous le(s) No. (s)
suivants(s) ne sont pas destinees a la
reexporation:….............................................
(c) declare that goods of the following item No. (s) not produced,
are not intended for later re-exporation;/ declare que les
marchandises not representees et reprieses swous le (s) No. (s)
suivant(s) ne seront pas reexportees ulterieurement;
(d) in support of this declaration present the following
documents/presente a l ' appui de mes declarations, les
documents suivants:
(e) confirm that the information given is true and complete./certifie
sinceres et completes les indications portees sur le present
volet.
|
FOR CUSTOMS USE
ONLY/Reservea la
douaneH. CLEARANCE ON
EXPORATION/Dedouanement
a l'importation
(a) [The goods referred to in paragraph F. (a) of the holder's
declaration have been re-exported
[If applicable/sily a lieu.]
/Les marchandises visees
au paragraphe F. (a) de declaration ci-contre ont ete
rexportees.]
(b) [Action taken in respect of goods produced but not re-exported.
[If applicable/sily a lieu.]
/measures prises a l'egard des marchandises representees
mais non reexportees.]…...........................
(c) [Action taken in respect of goods NOT produced and NOT intended
for later re-exportation.
[If applicable/sily a lieu.]
/Measures prises a l'egard des
marchandises non representees et not destinees a une
reexportation ulterieure.]…..........................
(d) [Registered under reference No.
[If applicable/sily a lieu.]
/Enregistre sous le No.]…..........................
(e) [This voucher must be forwarded to the Customs Office at
[If applicable/sily a lieu.]
/Le
present volet etre transmis au bureau de dounae
de:]…...........................
(f) [Other Remarks
[If applicable/sily a lieu.]
/Autres mentions]:Which were
temporarily imported under cover of importation voucher(s) No.
(s) /quit ont ete importees temporairement sous le couvert
du (des) volets(s) d'importation No.
(s) At/A.........................…...../........./................../...................
{|
|
|
….......................................Date(year
month /day)Date
(annee/mois/jour)
|
….......................................Signature
and StampSignature et
Timpre
|
| | |
| --- | --- |
|
Place…......Lieu
|
Date (year month/day)Date (annee/mois/jour)
|
Signature
x...........................xSignature
|}
GENERAL LIST/LISTE GENERALE
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Item No./d' ordre
|
Trade description of goods and
marks and numbers, if any/Designation commerciate des
marchandises et, le cas exheant, marques et numeros
|
Number of Pieces/Nomber de
Pieces
|
Weight or Volume/Poids ou
volume
|
[Value]
[Commercial value in country of issue and in its currency, unless stated differently/ Valeur commerciale dans le pays d'emission et dans sa monnaie, sauf indication contraire.]
/Valeour
|
[Country of origin]
[Show country of origin if different from country of issue of the Carnet, using ISO Country codes./ Indiquer le pays d'origine s'il est different du pays demission du carnet, en utilisant el code international des pays ISO.]
/Pays
d, origine
|
For customs Use/No..Reserve
a la douane
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
TOTAL or CARRIED OVER/TOTAL
ou A REPORTER
|
|
|
|
|
|
65b9b6e0ab84c7eca86e9b48 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
------------------------------------------------------------------------------------------------
RAJASTHAN
India
The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
================================================================================================
Rule THE-RAJASTHAN-LAND-REVENUE-CONVERSION-OF-AGRICULTURAL-INTO-NON-AGRICULTURAL-LAND-RULES-1961 of 1961
----------------------------------------------------------------------------------------------------------
* Published on 19 April 1961
* Commenced on 19 April 1961
The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
Published vide Notification No. F. 6(42) Revenue B/48, Dated 19-4-1961; published in Rajasthan Extraordinary Gazette, Part 4-C, Dated 23-8-63
Last Updated 22nd May, 2019
In exercise of the powers conferred by Clause (xia) of sub-section (2) of Section 261 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), the State Government hereby makes the following rules, namely:
### 1. Short title and commencement.
(1) These rules may be called the Rajasthan Land Revenue (Conversion of Agricultural into Non Agricultural Land) Rules, 1961.
### 2. Interpretation.
- In these rules, unless there is anything repugnant in the subject or context:
(1) The "Act" means the Rajasthan Land Revenue Act, 1956; and
(2) "form" means a form appended to these rules.
### 2A. Non-Agricultural Purposes for which land may be permitted to be used.
(1) Subject to the other provisions of these rales, agricultural land may be permitted to be used for:-
(i) Construction of a factory or mill or setting up of a small scale industry [or Information Technology Industry:]
[Inseted by Notification No.G.S.R. 14, dated 10.5.2001 (w.e.f. 23.8.1963).]
(ii) setting up of brick kiln in or lime kilns: and
(iii) Manufacturing of salt.
(2) If any agricultural land has already been used for any of the purposes mentioned in sub-rule before the commencement of these rules without obtaining prior permission of the State Government in the prescribed manner, such use may be regularised by the Collector subject to the conditions laid down in rule 5 and in consultation with the District Industries Officer/ Assistant Director, Industries, Dy. Town Planner and representative of the Municipality/Urban Improvement Trust [or Jaipur Development Authority]
[Inserted by G.S.R. 170, Dated 22-1-1983; published in Rajasthan Gazette Part 4(Ga) I, Dated 3-2-83, p. 696-697.]
if the land is situated within the limits of a Municipal Board/municipal Council:
Provided that such persons shall have to pay the following penalty:-
(i) Rs. 150/- per acre for land situated in a rural area.
(ii) Rs. 3000/- per acre for land situated within the limits of the Municipal Board/Council of Jaipur, Kota, Ajmer, Jodhpur, Udaipur and Ganganagar.
(iii) Rs. 500/- per acre for land situated within the limits of other Municipal Board/Council Towns.
### 2B. [ Use of Agricultural Land for setting up of small industry.
[Inserted by G.S.R. 74, Dated 12-11-1979.]
- Whenever any person holding any land for the purpose of agricultural wishes to use it or a part thereof for the purpose of constructing of a factory or a mill or for setting up of a small industry, he shall be able to do so subject to the following conditions]:-
(1) The area so used shall not be more than [1000]
[Substituted by GSR 36, Dated 4-3-1991; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 7-3-91, p. 102.]
sq. meters or 2 percent of the holding, whichever is higher.
(2) For all conversions for putting agricultural land to the aforesaid purpose, the premium and urban assessment as provided hereinafter in these Rules shall be payable. On such payment the land shall be deemed to have been converted automatically and shall be so entered in the revenue record.
(3) The facility provided in condition No. 2 shall not be so available for lands situated within the municipal limits of town or city.
(4) In case of town or cities having a population of one lakh or more, the facility shall not be available within a distance of 8 miles of the municipal boundary.
(5) In case the land is so used by a person who has obtained the same in violation of clause (a) of Section 42 of the Rajasthan Tenancy Act, 1952 (Rajasthan Act III of 1955), he shall have to seek exemption under the third proviso to Section 42(a) of the said.)
### 3. [ Application for permission to use agricultural land for non-agricultural purposes.
[Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
(1) Whenever any person holding any lands for purpose of agricultural land [not covered by Rules 2-B] wishes to use the same or any part thereof, for non-agricultural purpose, he may submit an application, in triplicate, in Form A, to the Tehsildar of the Tehsil in which the land is situated.
[Provided that no application shall be required for conversion where the entire piece of land and building constructed thereon is to be used exclusively for setting up of Information Technology Industry with the permission of Empowered Committee of Investment chaired by the Chief Secretary. However, the premium and urban assessment shall be payable under these rules. The Information Technology Department shall submit the list of project approved by Empowered Committee on Investment chaired by the Chief Secretary, to the Revenue Department for verification. On such payment and verification by the Revenue Department, the land shall be so entered in the revenue record.]
[Added by Notification No. G.S.R. 14, dated 30.4.2001 (w.e.f. 23.8.1963).]
(2) All application made under rule 3 as it stood prior to the 20th Dec. 1963 and still pending shall be rejected.]
4. Enquiry by Tehsildar and Transmission of application to Collector. - (1) The Tehsildar shall-
[(i) Send a copy of the application to the Village Panchayat, Municipal Board or Urban Improvement Trust as the case may be, asking them to intimate in writing within thirty days, whether they have objection to the permission applied for being granted, and no receipt of the objections, if any, dispose of the same: and
(ii) Prepare a report, in Form B. and submit the record of the case tot he Collector for orders.]
(2) Upon receipt of the Tehsildar's report the Collector shall, after such further enquiry, if any, as he deems fit to make, either reject the application, giving reasons for the rejection or sanction is or accord the required permission after charging the premium and/or urban assessment chargeable under the succeeding rules:-
[Provided that where the area involved exceeds 10 acres of unirrigated land or one acre of irrigated land, permission shall not be accorded by the Collector without obtaining the prior approval of the State Government in the Revenue Department:
Provided further that no permission shall be accorded in respect of irrigated land unless the Collector has satisfied himself that no suitable unirrigated land is available for the purpose.]
[Amended by GSR 11, Dated, 8-4-1983; published in Rajasthan Gazette Part 4(Ga) I, Dated 21-4-83, p. 56.]
### 5. [ Premium and urban assessment under sub-section (4) of Section 90-A.
[Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
(1) The premium and the urban assessment payable under sub- section (4) of Section 90-A in respect of land forming the subject matter of an application under rule 3 and the terms and conditions on which permission shall be granted and the restrictions applicable to special arrears shall be as shown below]
[Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
:-
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Particulars of non-agricultural purpose
|
Rates of premium and urban assessment and terms
and conditions
|
Restriction applicable to special areas
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
|
1
|
Construction of Factory or Millor the setting up of some
smallindustry[or InformationTechnology Industry.]
[Inserted by Notification No. G.S.R. 14, dated 30.4.2001 (w.e.f. 23.8.1963).]
|
Will have to surrender hiskhatedari rights whereupon land
will beallotted subject tot he termsand conditions mentioned
inthe Rajasthan Industrial AreasAllotment Rules 1959with the
modification thatcost of the land at 30times the sanctioned
rentrates will be adjusted againstdevelopment charges andrent
and for the purposesor these rules thedevelopment chargespayable shall be deemed tobe premium and therent payable shall
bedeemed to be urban assessment.
|
[No conversion of agricultural land for non-agricultural
purposes shall be allotted in the area not shown as reserved for
industries within the approved master plan if any prepared for
the City or town except after prior consultation with the
consultation with the Town Planning Department provided that of
the Master Plan has not been prepared and approved for any of
the cities of Jaipur Udaipur Jodhpur Ajmer Kota Bikaner and
Ganganagar. the conversion of agricultural land for
non-agricultural purposes would be permitted by the Government
only after prior consultation with the Town Planning Department]
[Substituted by No. G.S.R. 19, Dated 25-4-1974; published in Rajasthan Gazette E.O. Part IV-C(I) , Dated 2-5-74.]
|
|
2
|
stablishment of brick klin
|
Will have to surrender his tenancyright where upon land willbe allotted on the terms andconditions mentioned in theRajasthan ColonisationProject Areas Brick Kiln(Leases) Conditions 1959or the Rajasthan L.R. (Brick-Kiln Leases in
Non-ProjectAreas) Conditions 1960 whichevermay be applicable
subject to themodification that for the firstten years the
rate of rentto be charged shall be Rs. 40/-per Bigha per annum
and therent payable shall be deemed tobe urban assessment.
|
Provided that till such time as the master plan is ready no
industrial areas within fifteen miles of the limits of the
Jaipur Municipality and ten miles of the limits of the
municipalities of Jodhpur Ajmer Udaipur Kota Bikaner and
Gan-ganagar shall be set up.
|
|
3.
|
Setting up oflime Klin
|
Will have to surrender histenancy rights whereupon land willbe allotted subject to paymentof urban assessment Rs. 30/-per
acre per annum.
|
Conversion of agricultural land for the establishment of a
factory or a mill shall be allowed only if an industrial area
within the master plan limits is not available. If an industrial
area is available the industry should be allowed to be set up
within that area.
|
|
4.
|
Manufacture of Salt
|
Will have to surrender his tenancy right whereupon permission
will be accorded for use of land for the manufacture of Salt on
the terms and conditions mentioned in the Rajasthan Land Revenue
(Saline Areas Allotment) Rules 1962 with the modification that
the rent payable thereunder shall be deemed to be urban
assessment payable under these rules.
|
|
[(2) The premium shall be payable in a lump sum immediately on the grant of permission and the urban assessment shall be payable in two half-yearly installments, along with the agricultural assessment payable in respect of the remaining agricultural land.
(3) If the premium and/or urban assessment is not. paid in accordance with the provisions of sub-rule (2), the same shall be recovered as arrears of land revenue under Section 256 of the Act.
### 6. Premium to be charged on lands already sold by estate holder.
- Notwithstanding anything contained in rule 5, where agricultural lands have already been sold by an estate-bolder or any other person for non-agricultural purpose, the rate of premium to be charged therefor shall be such, not exceeding Rupee one and paise fifty per square yard, as the State Government [in the revenue Department]
[Inserted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
may, in each case determine:
Provided that no such sale made after the fifteenth day of December, 1960 shall be recognised, and fine in respect of any such sale shall be charged in accordance with provisions of rule 7.
### 7. Fine under proviso to sub-section (5) of Section 90-A.
- [Except as provided in Rule 2-A]
[Amended by No. G.S.R. 19, Dated 25-4-1974; published in Rajasthan Gazette E.O. Part IV-C(I) , Dated 2-5-74.]
where any land held for the purpose of agricultural is used for any noil-agricultural purpose, in any of the circumstances specified in Cls. (a) , (b), (c) and (d) of sub-section (5) of Section 90-A of the Act, the fine referred to in the proviso to the said sub-section shall be calculated at the rate of not less than five times the prevalent highest market price of [Abadi land]
[Amended by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
in the neighbourhood:
[Provided that in towns or villages that are not municipalities, and the population whereof does not exceed eight thousand, such fine shall not exceed the market price of abadi land in the vicinity, in addition to the premium leviable under rule 5 or 6:]
[Amended by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
Provided further that no fine shall be required to be paid in cases in which an application was submitted under rule 3 and permission to use agricultural land for non-agricultural purposes was finally accorded and the applicant has furnished in writing sufficient reasons for having used agricultural land for non- agricultural purposes during the pendency of such application:
Provided also that cases decided under this rule before the coming into force of this amendment may be reviewed under the second proviso on the application submitted for the purposes within ninety days of coming into force of this amendment.]
[Amended by GSR 28, Dated 9-1-1991; published in Rajasthan Gazette Extraordinary, Part 4(Ga) (I), Dated 9-1-91, p. 78.]
[Repeal:These rules are hereby repealed to the extent they are applicable to the conversion of Agricultural land for Non- Agricultural purposes in Rural areas .]
[Amended by 4.No. F. 6(6) Revenue B/63, Dated 27-4-1992.]
[Form A]
[Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
Application for permission to use agricultural land for non- agricultural purposes
To,
The Tehsildar
Tehsil
Sir,
I hereby apply under Section 90-A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), read with rule 3 of the Rajasthan Land Revenue (Conversion of Agricultural into Non- Agricultural Land) Rules, 1961 for permission to use the agricultural land particulars whereof are given hereunder, for the non-agricultural purposes indicated below.
### 2. The required particulars age given: (1) Name of applicant, with parentage and address.
(2) Particulars of land in respect of which permission is required.
(a) Name of village, with name of Tehsil.
(b) Khewat No. (if any)
(c) Khasra Number
(d) Area
(e) Soil class, if known
(f) Annual assessment
(g) Use to which the land was put during the past three years.
(h) Name, parentage and address of land holder.
(i) Name, parentage and address of tenant, together with class of tenancy if known.
(3) The exact area proposed to be converted, in square yards.
(4) Full details of the non agricultural purpose for which the land is to be used if permission is accorded, e.g. construction of factory or mills, establishment of brick klin etc.
### 3. I verify that the particulars given above are correct to the best of my knowledge and belief: and I hereby undertake to pay the premium and/or urban assessment to accordance with the rules and to abide by the terms and conditions on which the permission may be granted. Witness........
Date...........
Signature
..............
[Form B]
[Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
(See rule 4)
Tehsildar's Report
### 1. Name of the applicant with parentage and residence. ###
2. Name of land holder with parentage and residence.
### 3. Name of tenant, with parentage and residence and class of tenancy. ###
4. Khewat number (if any). -
### 5. Khasra number. ###
6. Area
### 7. Soil class of the land. ###
8.
Whether irrigated or un-irrigated.
### 9. If irrigated, particulars of source of irrigation, together with remarks on its present condition.
### 10. Use to which the land is put at present.
### 11. If under cultivation, particulars of cultivation according to the Gashi Girdawari during the last 3 years.
### 12. Whether there is any objection from the point of view of the Tehsildar to the permission applied for being granted?
### 13. Rate of premium applicable.
### 14. Prevailing prices of non-agricultural land in the vicinity of the land sought to be converted.
### 15. Whether any objections were raised by the Village Panchayat, Municipal Board or the Urban Improvement Trust; and if so, how the same were disposed of.
### 16. Any other remarks.
Signature
(Tehsildar.........)
Part II – Collector's Order
-----------------------------
The permission applied for is hereby refused for the following reasons (Reasons granted subject to the payment of premium to be recorded) amounting to Rs. and......urban assessment amounting to Rs..................................per square yeard per.........annum and subject to the following special conditions (Conditions of rule 5 to be specified).
Date..................
Collector.............
|
65ba7e6eab84c7eca86ebad8 | acts |
Union of India - Act
----------------------
The Coast Guard Act, 1978
---------------------------
UNION OF INDIA
India
The Coast Guard Act, 1978
===========================
Act 30 of 1978
----------------
* Published in Gazette 30 on 18 August 1978
* Assented to on 18 August 1978
* Commenced on 18 August 1978
1. Amended by
[The Coast Guard (Amendment) Act, 2002 (Act 44 of 2002)
on
1 January 2002
]
An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones and for matters connected therewith.
BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:—
Chapter 1
Preliminary
--------------------------
### 1. Short title and commencement.—
(1) This Act may be called the Coast Guard Act, 1978.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.—
In this Act, unless the context otherwise requires,—
(a) “Chief Law Officer” and “Law Officer” mean, respectively, the Chief Law Officer and a Law Officer of the Coast Guard appointed under section 115;
(b) “civil offence“ means an offence which is triable by a criminal court;
(c) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
(d) “Coast Guard” means the Coast Guard constituted under this Act;
(e) “Coast Guard Court” means a court convened under section 64;
(f) “Coast Guard custody” means the arrest or confinement of a member of the Coast Guard according to rules;
(g) “Commanding Officer”, when used in any provision of this Act with reference to any unit or ship of the Coast Guard, means the officer whose duty it is under the rules to discharge with respect to that unit or ship, the functions of a Commanding Officer in regard to matters of the description referred to in that provision;
(h) “criminal court” means a court of ordinary criminal justice in any part of India;
(i) “Deputy Inspector-General” means a Deputy Inspector-General of the Coast Guard appointed under section 5;
(j) “Director-General” means the Director-General of the Coast Guard appointed under section 5;
(k) “enrolled person” means a subordinate officer, sailor or other person enrolled under this Act;
(l) “Inspector-General” means an Inspector-General of the Coast Guard appointed under section 5;
(m) “maritime zones of India” means the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of India;
(n) “member of the Coast Guard” means an officer, a subordinate officer, a sailor or other enrolled person;
(o) “notification” means a notification published in the Official Gazette;
(p) “offence” means any act or omission punishable under this Act and includes a civil offence;
(q) “officer” means a person appointed or in pay as an officer of the Coast Guard, but does not include a subordinate officer, sailor or other enrolled person;
(r) “prescribed“ means prescribed by rules made under this Act;
(s) “rule” means a rule made under this Act;
(t) “sailor” means a member of the Coast Guard other than an officer, a subordinate officer or other enrolled person;
(u) “ship”, except in the expression “on board a ship”, means a Coast Guard vessel, and includes any establishment or station belonging to, or under the control of, the Coast Guard whether within or without India;
(v) “skipper” means a subordinate officer in command of a ship;
(w) “subordinate officer” means a person appointed or in pay as a Pradhan Adhikari, a Pradhan Sahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, an Adhikari, a Sahayak Engineer or a Pradhan Yantrik of the Coast Guard;
(x) “superior officer”, when used in relation to a person subject to this Act, means any officer or subordinate officer—
(i) who is senior to that person under the rules; or
(ii) who is entitled under this Act or the rules to give a command to that person;
(y) “territorial waters”, “contiguous zone”, “continental shelf” and “exclusive economic zone”, shall have the meanings respectively assigned to them in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);
(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings assigned to them in that Code.
### 3. Persons subject to this Act.—
(1) The following persons shall be subject to this Act, wherever they may be, namely:—
(a) officers;
(b) subordinate officers and other persons enrolled under this Act;
(c) persons who have, by a general or special order of the Central Government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed; and
(d) persons ordered to be received, or being passengers, on board any ship or aircraft of the Coast Guard, to such extent and subject to such conditions as may be prescribed.
(2) Every person referred to in clauses (a) and (b) of sub-section (1) shall remain so subject until he retires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with the provisions of this Act and the rules.
Chapter II
Constitution of the Coast Guard and conditions of service of the members of the Coast Guard
-----------------------------------------------------------------------------------------------------------
### 4. Constitution of the Coast Guard.—
(1) There shall be an armed force of the Union called the Coast Guard for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones.
(2) Subject to the provisions of this Act, the Coast Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Coast Guard shall be such as may be prescribed.
### 5. Control, direction, etc.—
(1) The general superintendence, direction and control of the Coast Guard shall vest in, and be exercised by, the Central Government and subject thereto, and to the provisions of this Act and the rules, the command and supervision of the Coast Guard shall vest in an officer to be appointed by the Central Government as the Director-General of the Coast Guard.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as may be appointed by the Central Government.
### 6. Enrolment.—
(1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed.
(2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Coast Guard shall be deemed to have been duly enrolled.
### 7. Liability for service outside India.—
Every member of the Coast Guard shall be liable to serve in any part of India as well as outside India.
### 8. Oath of allegiance.—
Every member of the Coast Guard shall, as soon as may be, after appointment or enrolment to the Coast Guard, make and subscribe before his Commanding Officer or other prescribed officer, an oath or affirmation in the prescribed form.
### 9. Resignation and withdrawal from the post.—
No member of the Coast Guard shall be at liberty—
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment,
except with the previous permission in writing of the prescribed authority.
### 10. Tenure of service under the Act.—
Every member of the Coast Guard shall hold office during the pleasure of the President.
### 11. Dismissal or removal by Central Government and by other officers.—
Subject to the provisions of this Act and the rules—
(a) the Central Government may dismiss or remove from service any member of the Coast Guard;
(b) the Director-General or any Inspector-General may dismiss or remove from the Coast Guard any person other than an officer;
(c) any prescribed officer not below the rank of a Deputy Inspector-General may dismiss or remove from the Coast Guard any person under his command other than an officer or a subordinate officer.
### 12. Certificate of termination of service.—
An enrolled person who retires, or is discharged, released, removed or dismissed from the Coast Guard or permitted to resign therefrom, shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in Hindi or English language setting forth—
(a) the authority terminating his service;
(b) the reasons for such termination; and
(c) the full period of his service in the Coast Guard.
### 13. Restrictions respecting right to form association, freedom of speech, etc.—
(1) No member of the Coast Guard shall, without the previous sanction in writing of the Central Government or of the prescribed authority,—
(a) be a member of, or be associated in any way with, any trade union, labour union, or political association; or
(b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Coast Guard or is not of a purely social, recreational or religious nature; or
(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.
Explanation.—
If any question arises whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.
(2) No member of the Coast Guard shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the Central Government.
Chapter III
Duties and functions of the Coast Guard
--------------------------------------------------------
### 14. Duties and functions of Coast Guard.—
(1) It shall be the duty of the Coast Guard to protect by such measures, as it thinks fit, the maritime and other national interests of India in the maritime zones of India.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for—
(a) ensuring the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in any maritime zone;
(b) providing protection to fishermen including assistance to them at sea while in distress;
(c) taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution;
(d) assisting the customs and other authorities in anti-smuggling operations;
(e) enforcing the provisions of such enactments as are for the time being in force in the maritime zones; and
(f) such other matters, including measures for the safety of life and property at sea and collection of scientific data, as may be prescribed.
(3) The Coast Guard shall perform its functions under this section in accordance with, and subject to such rules as may be prescribed and such rules may, in particular, make provisions for ensuring that the Coast Guard functions in close liaison with Union agencies, institutions and authorities so as to avoid duplication of effort.
Chapter IV
Offences
------------------------
### 15. Correspondence, etc., with offenders.—
Any person subject to this Act, who,—
(a) treacherously holds correspondence with, or communicates intelligence to, an offender; or
(b) wilfully fails to make known to the proper authorities any information he may have received from an offender; or
(c) assists the offender in any manner; or
(d) having been captured by an offender, voluntarily serves with or aids him,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Explanation.—
For the purposes of this section, “offender” includes—
(a) all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; and
(b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India.
### 16. Deserting post and neglect of duty.—
Any person subject to this Act, who,—
(a) deserts his post; or
(b) sleeps upon his watch; or
(c) fails to perform, or negligently performs, the duty imposed on him; or
(d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 17. Mutiny.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Coast Guard or in the military, navel or air forces of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commanding Officer or other superior officer; or
(e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union,
shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned:
Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government.
### 18. Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.—
Any person not otherwise subject to this Act who, being on board any ship or aircraft belonging to or in the service of the Coast Guard endeavours to seduce any person subject to this Act from his allegiance to the Constitution or loyalty to the State or duty to his superior officers shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 19. Striking or threatening superior officers.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) uses criminal force to or assaults his superior officer; or
(b) uses threatening language to such officer; or
(c) uses insubordinate language to such officer; or
(d) behaves with contempt to such officer,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned:
Provided that in the case of offences specified in clauses (c) and (d), the imprisonment shall not exceed five years.
### 20. Disobedience to superior officer.—
(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 21. Ill-treating subordinates.—
Any person subject to this Act who uses criminal force to or otherwise ill-treats any other person subject to this Act, being his subordinate in rank or position, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 22. Quarrelling, fighting and disorderly behaviour.—
Any person subject to this Act, who,—
(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to this Act; or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(c) behaves in a disorderly manner,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 23. Certain forms of disgraceful conduct.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 24. Drunkenness.—
(1) Any person subject to this Act, who is guilty of drunkenness shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.
(2) For the purposes of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Coast Guard.
### 25. Desertion and aiding desertion.—
(1) Any person subject to this Act, who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert.
(2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned and in every such case he shall forfeit,—
(a) all pay, salvage, prize money and allowances that have been earned by him;
(b) pension and gratuity, medals and decorations that have been granted to him; and
(c) all clothes and effects which he may have left on board the ship or the place from which he deserted,
unless the Tribunal by which he is tried or the Central Government or the Director-General otherwise directs.
Explanation.—
For the purposes of this sub-section, all pay, salvage, prize money and allowances shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him.
(3) Any person subject to this Act, who knowingly harbours any such deserter, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
### 26. Breaking out of ship and absence without leave.—
Any person subject to this Act who without being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed.
### 27. Losing ship or aircraft.—
(1) Any person subject to this Act who wilfully loses, strands or hazards or suffers to be lost stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act, who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 28. Dangerous unauthorised flying.—
Any person subject to this Act who is guilty of any act or neglect in flying or in the use of any aircraft belonging to or in the service of the Coast Guard, or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by a Coast Guard Court,—
(a) if he acts wilfully or with wilful neglect, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned; and
(b) in any other case, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 29. Inaccurate certificate.—
Any person subject to this Act who signs any certificate in relation to an aircraft belonging to or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 30. Low flying and annoyance by flying.—
Any person subject to this Act, being the pilot of an aircraft belonging to or in the service of the Coast Guard, who—
(a) flies it at a height lower than the minimum height authorised by his Commanding Officer except while taking off or landing; or
(b) flies it so as to cause or likely to cause unnecessary annoyance to any person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 31. Disobedience of lawful command of captain of an aircraft.—
Any person subject to this Act, who while he is in an aircraft belonging to or in the service of the Coast Guard, disobeys any lawful command given by the captain of the aircraft whether such captain is subject to this Act or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 32. False accusations.—
Any person subject to this Act, who commits any of the following offences, that is to say,—
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
### 33. Falsifying official documents and false declarations.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any documents which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false, or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
### 34. Offences in respect of property.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) commits theft of any property belonging to the Government or to any Coast Guard mess, or institution, or to any person subject to this Act; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or damages any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
### 35. Damage to property.—
Any person subject to this Act, who commits any act which causes damage to, or destruction of, any property of the Government shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
### 36. Taking unauthorised goods on board.—
Every officer or subordinate officer in command of any ship belonging to or in the service of the Coast Guard who receives on board or permits to be received on board such ship, any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be ship-wrecked or in imminent danger either on the high seas or in some port, creek or harbour for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may, at any time be ordered to take or receive on board by order of the Central Government or his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
### 37. Offences in respect of papers relating to vessel, craft or aircraft taken into custody.—
(1) All the papers, charter parties, bills of lading, passports and other documents that shall be taken, seized or found on board any vessel, craft or aircraft taken into custody by the Coast Guard shall be duly preserved and the Commanding Officer or skipper shall send the same to his immediate superior.
(2) Every Commanding Officer or skipper who fails to send the documents as required under sub-section (1) shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
### 38. Offences in respect of vessel, craft or aircraft taken into custody.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) takes out without proper authority from any vessel, craft or aircraft taken into custody, any money or goods; or
(b) pillages, beats or ill-treats persons on board the said vessel, craft or aircraft; or
(c) breaks bulk on board any such vessel, craft or aircraft with intent dishonestly to misappropriate anything therein or belonging thereto,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 39. Unlawful taking of ransom.—
Every Commanding Officer or skipper of a ship who,—
(a) unlawfully agrees with any person for the ransoming of any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard; or
(b) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 40. Offences relating to Coast Guard Courts.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) being duly summoned or ordered to attend as a witness before a Coast Guard Court, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a Coast Guard Court to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a Coast Guard Court to be produced or delivered by him; or
(d) refuses, when a witness, to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of a Coast Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
### 41. Escape from custody.—
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
### 42. Violation of the Act, rules and orders.—
Any person subject to this Act who neglects to obey, or contravenes any provision of this Act or any rule or any order issued by any lawful authority under this Act, shall, if no other punishment is provided in this Act for such neglect or contravention, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
### 43. False answers on enrolment.—
Any person having become subject to this Act who is discovered to have made at the time of enrolment, a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
### 44. Offences against good order and discipline.—
Any person subject to this Act who is guilty of any act or omission or disorder or neglect, which, though not specified in this Act, is prejudicial to good order and discipline of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
### 45. Attempt.—
Any person subject to this Act who attempts to commit any of the offences specified in sections 15 to 44 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Coast Guard Court, where no express provision is made by this Act for the punishment of such attempt, be liable,—
(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
(b) if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
### 46. Abetment of offences that have been committed.—
Any person subject to this Act who abets the commission of any of the offences specified in sections 15 to 44 (both inclusive), shall on conviction by a Coast Guard Court, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment provided for that offence or such less punishment as is in this Act mentioned.
### 47. Abetment of offence punishable with death and not committed.—
Any person subject to this Act, who abets the commission of an offence punishable with death under section 17 shall, on conviction by a Coast Guard Court, if that offence be not committed in consequence of that abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
### 48. Abetment of offences punishable with imprisonment and not committed.—
Any person subject to this Act who abets the commission of any of the offences specified in sections 15 to 44 (both inclusive) and punishable with imprisonment shall, on conviction by a Coast Guard Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
### 49. Civil offences.—
Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Coast Guard Court, and, on conviction, be punishable as follows, that is to say,—
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law or such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
### 50. Civil offences not triable by a Coast Guard Court.—
A person subject to this Act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Coast Guard Court, unless he commits any of the said offences,—
(a) at any place outside India; or
(b) at any place specified by the Central Government by notification in this behalf.
### 51. Period of limitation for trial of offences under the Act.—
(1) No person unless he is an offender who has avoided apprehension or escaped arrest or committed the offence of desertion or of giving false entry on enrolment or the offence of mutiny shall be tried or punished in pursuance of this Act for any offence committed by him unless such trial commences within a period of three years from the commission of such offence and such period shall commence,—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority; or
(c) where it is not known by whom the offence was committed, on the first day on which the identity of the offender becomes known to the person aggrieved by the offence or to the authority competent to initiate action,
whichever is earlier.
Explanation.—
For the purposes of this sub-section, in the computation of the period of time mentioned in this sub-section, any time spent by such person, as a prisoner of war in the enemy territory, or in evading arrest, after the commission of the offence, shall be excluded.
(1A)
Where a proceeding in respect of an offence has been stayed by an injunction or an order of a court, then, in computing the period of limitation under this section, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn shall be excluded.
(2) No trial for an offence of desertion or of giving false entry on enrolment shall be commenced if the person in question, not being an officer, has subsequent to the commission of the offence served continuously in an exemplary manner for not less than three years in the Coast Guard.
### 52. Trial, etc., of a person who ceases to be subject to the Act.—
(1) Where an offence under this Act had been committed by any person while subject to this Act, and such person has since the commission of the offence ceased to be subject to this Act, he may be taken into and kept in the Coast Guard custody, and tried and punished for such offence as if he had continued to be so subject.
(2) No such person shall be tried for an offence, unless his trial commences within a period of two years after he has ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where a proceeding in respect of an offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn, shall be excluded:
Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of mutiny or desertion.
Chapter V
Punishments
--------------------------
### 53. Punishments awardable by Coast Guard Courts.—
(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say,—
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term;
(c) dismissal from the Coast Guard;
(d) detention in Coast Guard custody for a period not exceeding two years;
(e) reduction to the ranks or to a lower rank in the case of sailors;
(f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion;
(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;
(h) fine, in respect of civil offences;
(i) mulcts of pay and allowances;
(j) severe reprimand or reprimand except in the case of persons below the rank of an Uttam Navik or Uttam Yantrik.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
### 54. Alternative punishments awardable by Coast Guard Courts.—
Subject to the provisions of this Act, a Coast Guard Court may, on convicting a person subject to this Act of any of the offences specified in sections 15 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable, or in lieu thereof, any one of the punishments lower in the scale set out in section 53 regard being had to the nature and degree of the offence.
### 55. Combination of punishments.—
Subject to the provisions of section 58, a sentence of a Coast Guard Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 53 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section.
### 56. Punishments otherwise than by Coast Guard Courts.—
Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Coast Guard Court in the manner stated in section 57 or section 57A.
### 57. Minor punishments.—
Subject to the provisions of section 58, a Commanding Officer or such other officer as is, with the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as an officer, who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,—
(a) imprisonment for a period not exceeding three months;
(b) dismissal from the Coast Guard;
(c) detention in Coast Guard custody for a period not exceeding three months;
(d) reduction to the ranks or to a lower rank in the case of sailors;
(e) fine, in respect of civil offences;
(f) mulcts of pay and allowances;
(g) deprivation of good conduct badges;
(h) reprimand;
(i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an Uttam Navik or Uttam Yantrik;
(j) stoppage of leave for a period not exceeding sixty days;
(k) admonition:
Provided that no punishment specified in clauses (a) to (d) (both inclusive) shall be inflicted,—
(a) in the case of a subordinate officer, unless it is approved by an officer not below the rank of an Inspector-General; and
(b) in the case of others, unless it is approved by an officer not below the rank of a Deputy Inspector-General.
### 57A. Punishment for officers below the rank of Commandant.—
(1) The Director-General or an officer not below the rank of Deputy Inspector-General who is appointed as Commander of a region or such other officer as is, with the consent of the Central Government, specified by the Director-General, may in the prescribed manner proceed against an officer below the rank of Commandant, who is charged with an offence under this Act and award such person one or more of the following punishments, that is to say,—
(a) forfeiture of seniority of rank or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion, for a period not exceeding twelve months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(b) forfeiture of seniority of rank, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding six months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(c) mulcts of pay and allowances;
(d) severe reprimand:
Provided that no punishment specified in clause (a) shall be inflicted by an officer other than the Director-General:
Provided further that no punishment specified in clause (b) shall be inflicted by an officer below the rank of Deputy Inspector-General who is appointed as the Commander of a region.
### 58. Provisions as to award of punishments.—
(1) The punishments that may be inflicted under this Act shall be awarded in accordance with the provisions of this section.
(2) A sentence of imprisonment under this Act shall in all cases be accompanied by a sentence of dismissal.
(3) A sentence of imprisonment may be rigorous or simple or partly rigorous and partly simple.
(4) No officer shall be subject to detention for any offence under this Act.
(5) No subordinate officer shall be sentenced to detention except for desertion.
(6) A sentence of detention shall not be accompanied by a sentence of dismissal from the Coast Guard.
(7) A sentence of detention for a period exceeding fourteen days shall in all cases be accompanied by stoppage of pay and allowances during the period of detention.
(8) Where mulcts of pay and allowances are awarded for absence without leave, the absence shall be treated as regularised for all purposes.
Chapter VI
Arrest and proceedings before trial
---------------------------------------------------
### 59. Custody of offenders.—
(1) Any person subject to this Act who is charged with an offence may be taken into Coast Guard custody, under the order of any superior officer.
(2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a higher rank.
### 60. Duty of Commanding Officer in regard to detention.—
(1) It shall be the duty of every Commanding Officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service.
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the Commanding Officer to the Deputy Inspector-General under whom he is serving or such other officer to whom an application may be made to convene a Coast Guard Court for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Coast Guard custody, pending the trial by any competent authority for any offence committed by him.
### 61. Arrest by civil authorities.—
Whenever any person subject to this Act, who is accused of an offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or police officer shall aid in the apprehension and delivery to Coast Guard custody of such person upon receipt of a written application to that effect signed by his Commanding Officer or an officer authorised by the Commanding Officer in that behalf.
### 62. Capture of deserters.—
(1) Whenever any person subject to this Act deserts, the Commanding Officer of the unit or ship to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he was a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, into Coast Guard custody.
(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest Magistrate, to be dealt with according to law.
### 63. Coast Guard police officers.—
(1) The Director-General or any prescribed officer may appoint persons for discharging the functions specified in sub-sections (2) and (3).
(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to the Coast Guard.
(3) Notwithstanding anything contained in section 59, a person appointed under sub-section (1) may, at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a Coast Guard Court or by an officer exercising authority under section 57 but shall not inflict any punishment on his own authority:
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
Chapter VII
Coast Guard Courts
-----------------------------------
### 64. Power to convene a Coast Guard Court.—
(1) A Coast Guard Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General (hereafter in this Act referred to as the convening authority).
(2) A warrant issued under sub-section (1) may contain such restrictions, reservations or conditions as the Director-General may think fit.
### 65. Composition of Coast Guard Courts.—
(1) A Coast Guard Court shall consist of not less than five officers each of whom has held the post of Assistant Commandant for not less than three years.
Explanation.—
For the purposes of this sub-section “Assistant Commandant” includes any post of a higher rank and any post declared by the Central Government by notification to be an equivalent post as also any post higher in rank than the post so declared.
(2) At every Coast Guard Court, the senior member shall be the presiding officer.
(3) A Coast Guard Court shall not be duly constituted unless the members thereof are drawn from at least two ships.
(4) No Coast Guard Court for the trial of an officer shall be duly constituted unless the presiding officer and at least two members of the court are of the same rank as the accused or of a higher rank.
### 66. Dissolution of a Coast Guard Court.—
(1) If a Coast Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.
(2) If, on account of the illness of the Law Officer of the accused before the finding, it is impossible to continue the trial, a Coast Guard Court shall be dissolved.
(3) The convening authority of a Coast Guard Court may dissolve the same if it considers that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Coast Guard Court.
(4) Where a Coast Guard Court is dissolved under this section, the accused may be tried again.
### 67. Powers of a Coast Guard Court.—
Every Coast Guard Court shall have the power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby.
### 68. Prohibition of second trial.—
(1) When any person subject to this Act has been acquitted or convicted of an offence by a Coast Guard Court or by a criminal court or has been dealt with under section 57, he shall not be liable to be tried again for the same offence by a Coast Guard Court or dealt with under the said section.
(2) When any person, subject to this Act, has been acquitted or convicted of an offence by a Coast Guard Court or has been dealt with under section 57, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts.
### 69. Application of Act during term of sentence.—
(1) When a person subject to this Act is sentenced by a Coast Guard Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Coast Guard, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.
(2) When a person subject to this Act is sentenced by a Coast Guard Court to death, this Act shall apply to him till the sentence is carried out.
### 70. Place of trial.—
A Coast Guard Court may be held on shore or afloat.
### 71. Choice between criminal court and Coast Guard Court.—
When a criminal court and a Coast Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the Inspector-General or the Deputy Inspector-General within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Coast Guard Court, to direct that the accused person shall be detained in Coast Guard custody.
### 72. Power of criminal court to require delivery of an offender.—
(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 71 at his option either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government.
(2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.
Chapter VIII
Procedure of Coast Guard Courts
-------------------------------------------------
### 73. Law Officer.—
Every Coast Guard Court shall be attended by a Law Officer, or if no such officer is available, an officer approved by the Chief Law Officer or a Law Officer.
### 74. Challenges.—
(1) At all trials by a Coast Guard Court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court.
(2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection.
(3) If the objection is allowed by one-half or more of the votes of the members entitled to vote, the objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object.
(4) Where no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.
### 75. Oaths of member, Law Officer and witness.—
(1) An oath or affirmation in the prescribed manner shall be administered to every member of a Coast Guard Court and to the Law Officer or, as the case may be, the officer approved under section 73, before the commencement of the trial.
(2) Every person giving evidence before a Coast Guard Court shall be examined after being duly sworn or affirmed in the prescribed form.
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Coast Guard Court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.
### 76. Voting by members.—
(1) Subject to the provisions of sub-sections (2) and (3), every decision of a Coast Guard Court, shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.
(2) No sentence of death shall be passed by a Coast Guard Court without the concurrence of at least two-thirds of the members of the court.
(3) In matters, other than a challenge or the finding or sentence the presiding officer shall have a casting vote.
### 77. General rule as to evidence.—
The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of this Act, apply to all proceedings before a Coast Guard Court.
### 78. Judicial notice.—
A Coast Guard Court may take judicial notice of any matter within the general knowledge of the members as officers of the Coast Guard.
### 79. Summoning of witnesses.—
(1) The convening authority, the presiding officer of a Coast Guard Court, the Law Officer or, as the case may be, the officer approved under section 73 or the Commanding Officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons of any person either to give evidence or to produce any document or other thing.
(2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commanding Officer and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness were required in the court of such a Magistrate.
(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.
### 80. Documents exempted from production.—
(1) Nothing in section 79 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any letter, post card, telegram or other document in the custody of the postal or telegraph authorities.
(2) If any document in such custody is, in the opinion of any Chief Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or High Court, wanted for the purpose of any Coast Guard Court, such Magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court may direct.
(3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police or District Superintendent of Police wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for, and to detain such document pending the orders of any such Chief Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or High Court.
### 81. Commissions for examination of witnesses.—
(1) Whenever, in the course of a trial by a Coast Guard Court, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the Chief Law Officer in order that a commission to take the evidence of such witness may be issued.
(2) The Chief Law Officer may then, if he thinks necessary, issue a commission to any Metropolitan Magistrate or Judicial Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.
(3) The Magistrate to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate or Chief Judicial Magistrate, he or such Metropolitan Magistrate or Judicial Magistrate of the first class as he appoints in this behalf shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may, for this purpose, exercise the same powers, as in the trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of 1974).
(4) When the witness resides in any place outside India, the commission may be issued in the form and manner specified in sub-section (3) of section 285 of the Code of Criminal Procedure, 1973 (2 of 1974).
### 82. Examination of a witness on commission.—
(1) The prosecutor and the accused person in any case in which a commission is issued under section 81 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate executing the commission shall examine the witness upon such interrogatories.
(2) The prosecutor and the accused person may appear before such Magistrate by counsel, or except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.
(3) After a commission issued under section 81 has been duly executed, it shall be returned together with the deposition of the witness examined thereunder to the Chief Law Officer.
(4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer shall forward the same to the Coast Guard Court at whose instance the commission was issued or, if such court has been dissolved, to any other court covened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.
(5) In every case in which a commission is issued under section 81, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
### 83. Alternative findings.—
If an accused is charged before a Coast Guard Court with one offence and it appears in evidence that he committed a different offence, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
### 84. Presumption as to signatures.—
In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.
### 85. Enrolment paper.—
(1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given.
(2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.
### 86. Presumption as to certain documents.—
(1) A letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, any unit or ship of the Coast Guard, or respecting the circumstances of any person not having served in, or belonged to, any unit or ship, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.
(2) A Coast Guard List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers therein mentioned, and of any appointment held by them and of the unit or ship of the Coast Guard to which they belong.
(3) Where a record is made in the books of a ship in pursuance of this Act or any rule or otherwise in the discharge of official duties, and purports to be signed by the Commanding Officer or by the officer whose duty is to make such record, such record shall be evidence of the facts therein stated.
(4) A copy of any record in the books of a ship purporting to be certified to be a true copy by the officer having custody of such books shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act or any unit or ship of the Coast Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commanding Officer of the unit or ship to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed shall be evidence of the matters so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of improperly leaving a ship or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated.
(7) Any document purporting to be a report under the hand of a Chemical Examiner or Assistant Chemical Examiner to Government or any of the Government scientific experts, namely, the Chief Inspector of the Explosives, the Director of the Fingerprint Bureau, the Director, Haffkeine Institute, Mumbai, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory and the Serologist to the Government upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence in any proceeding under this Act.
Explanation.—
In this section, the term “books of a ship” shall include any official book, document or list purporting to contain the name or names of persons appointed to the ship.
### 87. Evidence of previous convictions and general character.—
(1) When any person subject to this Act has been convicted by a Coast Guard Court of any offence, such court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Coast Guard Court or by a criminal court, or any previous award of punishment under section 57 or section 57A, and may further inquire into and record the general character of such person and such other matters as may be prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Coast Guard Courts or other official records; and it shall not be necessary to give notice before trial to the person tried, that evidence as to his previous convictions or character will be received.
### 88. Lunacy of accused.—
(1) Whenever, in the course of a trial by a Coast Guard Court, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly.
(2) The presiding officer of the Coast Guard Court shall forthwith report the case to the convening authority.
(3) The convening authority to whom the finding of a Coast Guard Court is reported under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.
(4) On receipt of a report under sub-section (3), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.
### 89. Subsequent fitness of lunatic accused for trial.—
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 88, any officer prescribed in this behalf, may,—
(a) if such person is in custody under sub-section (3) of section 88, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in jail under sub-section (4) of section 88, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence,
take steps to have such person tried by the same or another Coast Guard Court for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.
### 90. Transmission to Central Government of orders under section 89.—
A copy of every order made by an officer under section 89 for the trial of the accused shall forthwith be sent to the Central Government.
### 91. Release of lunatic accused.—
Where any person is in custody under sub-section (3) of section 88 or under detention under sub-section (4) of that section,—
(a) if such person is in custody under the said sub-section (3), on the report of the medical officer, or
(b) if such person is detained under the said sub-section (4), on a certificate from any of the authorities mentioned in clause (b) of section 89 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person,
the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such asylum.
### 92. Delivery of lunatic accused to relatives.—
Where any relative or friend of any person who is in custody under sub-section (3) of section 88 or under detention under sub-section (4) of that section desires that he should be delivered to his care and custody, the Central Government may, upon application by such relative or friend and, on his giving surety to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend.
### 93. Order for custody and disposal of property pending trial.—
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Coast Guard Court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
### 94. Order for disposal of property regarding which offence is committed.—
(1) After the conclusion of a trial before a Coast Guard Court, an officer not below the rank of a Deputy Inspector-General within whose command the trial was held, may make such order as he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried out into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.
### 95. Powers of Coast Guard Court in relation to proceedings under this Act.—
Any trial by a Coast Guard Court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Coast Guard Court shall be deemed to be a court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
Chapter IX
Execution and suspension of sentences
-----------------------------------------------------
### 96. Form of sentence of death.—
In awarding a sentence of death, a Coast Guard Court shall in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death.
### 97. Interim custody until execution of sentence of death.—
A person sentenced to death may be detained in Coast Guard custody or may be removed to a civil prison to be kept in custody until further orders are received from the Central Government, the Director-General or the convening authority of the Coast Guard Court by which he was sentenced to death or other prescribed officer, and the order of the Central Government, the Director-General or the convening authority or such officer shall be sufficient warrant for detaining the person in custody.
### 98. Execution of sentence of death.—
(1) When a sentence of death is to be executed, the Director-General or the convening authority or the prescribed officer shall give directions as to the time, place and manner in which such sentence is to be carried out and the order of such officer or authority in the prescribed form shall be sufficient warrant for the execution of such sentence.
(2) There shall be attached to the prescribed form, an order of the Central Government certifying the confirmation of the sentence by the Central Government.
### 99. Commencement of sentence of imprisonment or detention.—
Whenever any person is sentenced under this Act to imprisonment or detention, the term of the sentence shall be reckoned to commence on the date on which the sentence was awarded.
### 100. Execution of sentence of imprisonment.—
(1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death is commuted to imprisonment, the presiding officer of the Coast Guard Court which passed the sentence or such other officer as may be prescribed shall direct that the sentence shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1), the Commanding Officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.
### 101. Temporary custody of offender.—
Where a sentence of imprisonment is directed to be undergone in a civil prison, the offender may be kept in Coast Guard custody or in any other fit place, till such time as it is possible to send him to a civil prison.
### 102. Conveyance of prisoner from place to place.—
A person under sentence of imprisonment may during his conveyance from place to place, or when on board a ship, aircraft or otherwise, be subject to such restraint as is necessary for his safe conduct and removal.
### 103. Communication of certain orders to prison officers.—
Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such person as may be prescribed, to the officer in charge of the prison in which such person is confined.
### 104. Execution of sentence of fine.—
When a sentence of fine is imposed by a Coast Guard Court under section 53, a copy of such sentence signed and certified by the presiding officer of the court may be sent to any Magistrate in India and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate.
### 105. Informality or error in the order or warrant.—
Whenever any person is sentenced to imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in, or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or is confined in any such place, and any such order, warrant or document may be amended accordingly.
### 106. Imprisonment or detention of offender already under sentence.—
Whenever a sentence is passed by a Coast Guard Court on a person already under sentence either of imprisonment or detention passed on him under this Act for a former offence, the court may award a sentence of imprisonment or detention for the offence for which he is under trial to commence at the expiration of the sentence of imprisonment or detention to which he has been previously sentenced:
Provided that so much of any term of detention imposed on a person by a sentence in pursuance of this section as will prolong the total term of detention beyond two years shall be deemed to be remitted.
### 107. Suspension of sentence of imprisonment or detention.—
(1) Where a person subject to this Act is sentenced to imprisonment or detention, the Central Government, the Director-General, the Commanding Officer imposing the sentence or any prescribed officer may suspend the sentence whether or not the offender has already been committed to prison or to Coast Guard custody.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to Coast Guard custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been reduced or commuted.
### 108. Release on suspension.—
Where a sentence is suspended under section 107, the offender shall forthwith be released from custody.
### 109. Computation of period of suspension.—
Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.
### 110. Order after suspension.—
The authority or officer specified in section 107 may, at any time while a sentence is suspended, order—
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
### 111. Reconsideration of case after suspension.—
(1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 107, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 107.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 107.
### 112. Fresh sentence after suspension.—
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence then—
(a) if the further sentence is also suspended under this Act, the sentence shall run concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Coast Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 110 or section 111 continue to be suspended.
### 113. Scope of power of suspension.—
The powers conferred by sections 107 and 110 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.
### 114. Effect of suspension and remission on dismissal.—
(1) Where in addition to any other sentence, the punishment of dismissal has been awarded under this Act and such other sentence is suspended under section 107, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 107.
(2) If such other sentence is remitted under section 110, the punishment of dismissal shall also be remitted.
Chapter X
Chief Law Officer and Law Officers
-------------------------------------------------
### 115. Appointment of Chief Law Officer and Law Officers.—
(1) There shall be appointed by the Central Government, a Chief Law Officer and as many Law Officers as the Central Government may deem necessary.
(2) A person shall not be qualified for appointment as Chief Law Officer unless he—
(a) is a citizen of India; and
(b) has for at least ten years held a judicial office in the territory of India; or
(c) has for at least ten years been an advocate of a High Court or two or more such Courts in succession:
Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.
(3) A person shall not be qualified for appointment as Law Officer unless he—
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate of a High Court.
Explanation.—
For the purposes of this section,—
(a) 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 has held a judicial office after he became an advocate;
(b) the expression “judicial office” shall be deemed to include the post of Law Officer.
### 116. Functions of Chief Law Officer.—
(1) It shall be the duty of the Chief Law Officer to perform such duties of a legal and judicial character pertaining to the Coast Guard as may, from time to time, be referred or assigned to him by the Central Government or the Director-General, and to discharge the functions conferred on him by or under this Act.
(2) The functions of the Chief Law Officer shall, in his absence or otherwise, be performed by such Law Officer as may be designated in this behalf by the Director-General.
Chapter XI
Judicial review of proceedings of Coast Guard Courts
--------------------------------------------------------------------
### 117. Judicial review by the Chief Law Officer.—
(1) All proceedings of trials by Coast Guard Courts shall be reviewed by the Chief Law Officer either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the Chief Law Officer shall transmit the report of such review together with such recommendations as may appear to him just and proper to the Director-General for his consideration and for such action as the Director-General may think fit.
(2) Where any person aggrieved has made an application under sub-section (1), the Chief Law Officer may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Coast Guard.
### 118. Consideration by the Director-General.—
(1) On receipt of the report and recommendations, if any, under section 117, the Director-General shall in all cases of sentences of death, and in all cases where the Coast Guard Court is convened by the Central Government, and may, in other cases, transmit the proceedings and the report to the Central Government together with such recommendations as he may deem fit to make.
(2) Nothing in section 117 or this section shall authorise the Chief Law Officer or the Director-General to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act.
Chapter XII
Modification of findings and sentences, pardons, commutation and remission of sentences
--------------------------------------------------------------------------------------------------------
### 119. Petitions to Central Government or Director-General against findings and sentences.—
Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Coast Guard Court may present a petition to the Central Government or to the Director-General, and the Central Government or the Director-General, as the case may be, may pass such orders thereon as it or he may think fit.
### 120. Powers of Central Government and Director-General in respect of findings and sentences.—
(1) Where any person is tried under the provisions of this Act, the Central Government or the Director-General may, in the case of a conviction,—
(a) set aside the finding and sentence and acquit or discharge the accused or order him to be re-tried; or
(b) alter the finding without modifying the sentence if such sentence may be legally passed on the altered finding; or
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale; or
(d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded; or
(e) with or without conditions release the person on parole:
Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded:
Provided further that nothing in this sub-section shall authorise the Central Government or the Director-General to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or has been released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or detention, such person shall undergo only the unexpired portion of the sentence.
Chapter XIII
Miscellaneous
-------------------------------
### 121. Powers and duties conferable and imposable on members of the Coast Guard.—
(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, any member of the Coast Guard may,—
(i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Emigration Act, 1922 (7 of 1922), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), the Merchant Shipping Act, 1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the Foreign Exchange Regulation Act, 1973 (46 of 1973), or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable offence punishable under any other Central Act; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes.
(2) The Central Government may, by general or special order published in the Official Gazette, direct, with the concurrence of the State Government concerned, that any of the powers or duties which may be exercised or discharged under a State Act by a police officer may, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, be exercised or discharged by a member of the Coast Guard who, in the opinion of the Central Government, holds a corresponding or higher rank.
(3) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such area in any maritime zone of India, as may be specified in the order, any member of the Coast Guard may,—
(i) for the purpose of prevention of any offence punishable under any enactment which extends for the time being to such area; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i),
exercise or discharge such of the powers or duties under that enactment, as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that enactment empowered to exercise or discharge for the said purposes.
(4) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
### 122. Protection for acts of members of the Coast Guard.—
(1) In any suit or proceeding against any member of the Coast Guard for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the member of the Coast Guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Coast Guard for anything done or intended to be done under the powers conferred by, or in pursuance of any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.
### 123. Power to make rules.—
(1) The Central Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
(a) the constitution, governance, command and discipline of the Coast Guard;
(b) the enrolment of persons to the Coast Guard and the recruitment of other members of the Coast Guard;
(c) the conditions of service (including service privileges and deductions from pay and allowances) of members of the Coast Guard;
(d) the rank, precedence, powers of command and authority of the officers, subordinate officers and other enrolled persons:
(e) the removal, retirement, release or discharge from the service of officers, subordinate officers and other enrolled persons;
(f) the purposes and other matters required to be prescribed under section 13;
(fa) the manner in which proceedings may be initiated under section 57A;
(g) the additional matters in respect of which the Coast Guard may undertake measures in the performance of its functions;
(h) the convening, constitution, adjournment, dissolution and sittings of Coast Guard Courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(i) the forms of orders to be made under the provisions of this Act relating to Coast Guard Courts and the awards and infliction of death, imprisonment and detention;
(j) the carrying into effect of sentence of Coast Guard Courts;
(k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(l) the procedure relating to the exercise of powers under section 120;
(m) the ceremonials to be observed and marks of respect to be paid in the Coast Guard;
(n) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.
(3) Every rules made under this Act shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
|
65ba74adab84c7eca86eb6cb | acts |
Union of India - Act
----------------------
The Company Secretaries (Election to the Council) Rules, 2006
---------------------------------------------------------------
UNION OF INDIA
India
The Company Secretaries (Election to the Council) Rules, 2006
===============================================================
Rule THE-COMPANY-SECRETARIES-ELECTION-TO-THE-COUNCIL-RULES-2006 of 2006
-------------------------------------------------------------------------
* Published on 5 September 2006
* Commenced on 5 September 2006
The Company Secretaries (Election to the Council) Rules, 2006
Published vide Notification No. G.S.R. 533(E) , dated 5th September 2006
Ministry of Company Affairs
G.S.R. 533(E) . - In exercise of the powers conferred by clause (a) of sub-section 2 of Section 38A read with clause (a) of sub-section (2) of Section 9 of the Company Secretaries Act, 1980, the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement.
(1) These Rules may be called the Company Secretaries (Election to the Council) Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these Rules, unless the context otherwise requires,-
(a) "Act" means the Company Secretaries Act, 1980 (
56 of 1980
);
(b) "Approved Form" means form approved by the Council for use for a specific purpose under these Rules:
Provided that if any form has not yet been approved by the Council, after coming into force of these Rules, then the appropriate form laid down for the same purpose before coming into force of these Rules shall be the approved form;
(c) "Returning Officer" means the Secretary of the Council appointed under Section 16 of the Act, or, in case the post of Secretary is vacant, any officer of the Institute designated by the Council for the purpose of conduct of elections.
(2) Words and expressions used but not defined in these Rules and defined in the Act shall have the same meaning as assigned to them in the Act.
### 3. Regional Constituencies.
- For the purpose of constitution of the Council in pursuance of Clause (a) of Sub-section (2) of Section 9, the regional constituencies shall comprise of such States or Union Territories as listed out in Schedule 1 to these Rules.
### 4. Dates of Elections.
(1) The election to the Council shall be held on a date or dates to be determined by the Council, which shall, in any case, not be less than one month before the expiry of the term of the existing Council:
Provided that if elections cannot be conducted, in extraordinary circumstances, within the time period permitted under this sub-rule, the Central Government, on a specific request of the Returning Officer or otherwise, may postpone the date or dates of election, which in any case shall not be after the expiry of the term of the existing Council.
(2) Subject to provision of sub-rule (1), the Returning Officer shall notify in the Gazette of India at least three months before the date or dates of election so determined under sub-rule (1), the dates fixed for the following stages of election of members to the Council, namely:-
(a) the last date and time for receipt of nominations, which shall not be less than 21 days from the date of the notification;
(b) date or dates and place of scrutiny of nominations, the last day of which shall not be more than fifteen days from the last date for receipt of nominations fixed under clause (a);
(c) the last date and time for withdrawal of nominations, which shall be ten days from the last date for scrutiny of nominations fixed under clause (b);
(d) the date or dates of polling;
(e) the last date for receipt of applications for permission to vote by post under rule 28;
(f) the last date and time for receipt by post of ballot papers back from voters;
(g) the date or dates of counting;
(h) the date of declaration of results.
(3) If, in the opinion of the Returning Officer, it becomes necessary to change for compelling reasons any date or dates notified under sub-rule (2), he may notify a fresh date or dates, subject to provisions of sub-rule (1), in the Gazette of India:
Provided that such a notification shall be issued at least ten days before the revised date or dates, except for change in dates under sub-clauses (g) and (h) of sub-rule 2.
(4) If any of the last date so notified in sub-rule (2) or sub-rule (3), not being the date or dates of polling, is subsequently declared as a holiday by the Central Government, the last date so fixed shall be construed as the immediately next working day.
### 5. Members eligible to vote.
- Subject to other provisions of these rules, a member, whose name is borne on the Register on the 1st day of April of the financial year in which the election to the Council is to take place, shall be eligible to vote in the election from the regional constituency within whose territorial jurisdiction his professional address falls on the said date:
Provided that his name has not been removed from the Register on the date of publication of the list of voters:
Provided further that if the professional address is not borne on the Register on the relevant date, the residential address borne on the Register shall determine his regional constituency:
Provided also that, in the case of members having their professional addresses outside India and eligible to vote, their regional constituencies shall be determined according to their professional addresses in India registered immediately before they went abroad or the residential addresses in India borne on the register of members on the relevant date, whichever is later.
### 6. List of voters.
(1) At least three months before the date of election, the Returning Officer shall publish a list of members eligible to vote, as defined in rule 5, as per Schedule 2 to these Rules.
(2) Subject to the provisions of these Rules, the address of a member published in the list of voters shall be final for determining the manner in which he shall be entitled to cast his vote, the constituency and the polling booth to which he shall belong for the purpose of casting his vote.
(3) The list of members eligible to vote shall be made available at the Headquarters, relevant Regional Councils and their relevant chapters on payment of such price as may be fixed by the Council.
(4) The inclusion of the name of a member in the list of members eligible to vote shall not confer an absolute right to vote at the election which shall be subject to the other provisions of these Rules, Regulations or the Act.
(5) An announcement about the availability of the list, as per sub-rule (3), shall be put on the web-site of the Institute, Notice Board of the Council, the Notice Board of the Regional Council concerned, as well as the Notice Board(s) of the chapters of Regional Council concerned, wherever these exist.
(6) If a clerical mistake or omission is detected in the list of members eligible to vote, the Returning Officer may rectify the same at any time by issue of a suitable corrigendum.
### 7. Members eligible to stand for election.
- Subject to other provisions of these Rules, a member who is a fellow on the fist day of April of the financial year in which an election is to take place and whose name continues to be borne on the Register on the last date of scrutiny of nominations under sub-rule (2) of rule 4, shall be eligible to stand for election to the Council from the regional constituency in which he is eligible to vote:
Provided that no person shall be eligible to stand for election to the Council, if
(a) he has been found guilty of any professional or other misconduct and his name is removed from the register or he has been awarded penalty of fine as provided in proviso to clause (a) of sub-section (2) of Section 9 of the Act;
(b) he is holding a post under the Central or State Government as provided in sub-section (3) of Section 9 of the Act;
(c) he has been auditor of the Institute during the last three year as provided in sub-section (4) of Section 9 of the Act;
(d) he has held the office for more than two consecutive terms as provided in first proviso to Section 10 of the Act; or
(e) he has been elected as President under sub-section (1) of Section 12 of the Act as provided in second proviso to Section 10 of the Act.
For the purpose of this rule-
(i) the penalties awarded to a person before coming into force of the Company Secretaries (Amendment) Act, 2006 or penalties awarded to a person after coming into force of the Company Secretaries (Amendment) Act, 2006 for offences committed before the coming into force of the same, shall also be taken account for the purpose of attracting disqualification under clause (a) of the proviso above.
(ii) a person drawing salary from the Consolidated Fund of India or the Consolidated Fund of a State, as the case may be, or from any body corporate or any organization where the Central Government or the state government own individually or jointly a majority stake, shall be deemed to be a person holding a post under the Central Government or the State Government, as the case may be, for the purpose of attracting of disqualification under clause (b) of the proviso above.
(iii) for a person who has been the auditor of the Institute before coming into force of the Company Secretaries (Amendment) Act, 2006, the three year period limitation provided under Sub-section (4) of Section 9 of the Act shall also include the period between his ceasing to be an auditor and the coming into force of the Company Secretaries (Amendment) Act, 2006.
(iv) the number of term(s) of Office held by a person as a member of the Council either under clause (a) or under clause (b) or partly under clause (a) and partly under clause (b) of sub-section (2) of Section 9 of the Act, prior to coming into force of the Company Secretaries (Amendment) Act, 2006, shall not be taken into account for reckoning of the two consecutive terms for the purpose of disqualification under clause (d) of the proviso above.
(v) the holding of the office of the President of the Institute of sub-section (1) of Section 12 of the Act, prior to coming into force of the Company Secretaries (Amendment) Act, 2006, shall also be taken into account for the purpose of attracting disqualification under clause (e) of the proviso above.
### 8. Number of members to be elected.
- The number of members to be elected from each regional constituency shall be calculated as per the procedure described in Schedule 3.
### 9. Nominations.
(1) At least 3 months before the date of election, the Council shall publish in the Gazette of India a notice stating the number of members to be elected from each regional constituency and calling for nominations of candidates for election by the date and time notified vide sub-rule (2) of Rule 4.
(2) The maximum number of nominations that can be submitted by a candidate shall be 10 only:
Provided that in the event of receipt of more than 10 nominations, the first 10 nominations determined, on the basis of date and time of receipt, shall be taken into consideration.
(3) The nomination of a candidate shall be:
(i) in the approved form duly signed by the candidate and by one proposer and one seconder both of whom shall be persons entitled to vote in the election in the relevant regional constituency; and
(ii) delivered along with requisite fee(s), security deposit and other papers as are laid out in these Rules to the Returning Officer by name not later than 6 P.M. on the notified date:
Provided that an acknowledgement of delivery shall be issued by the Returning Officer or by a person authorized by him on receipt of nomination form mentioning the time and date of receipt of nomination form.
(4) The nomination shall be valid only if it is accompanied by a statement signed and verified by the candidate containing information as provided in Schedule 4.
### 10. Fee for election.
(1) A candidate for election shall pay such fee as may be fixed by the Council from time to time which shall not in any case exceed Rs. 50,000/-, irrespective of the number of nominations.
(2) The fee shall be paid by demand draft in favour of Secretary of the Institute and payable at New Delhi.
(3) A candidate whose nomination is held to be invalid shall be entitled to the refund of fifty percent of the fee payable.
### 11. Security Deposit.
(1) A candidate for election, in addition to fee as provided in rule 10, shall pay, irrespective of the number of nominations filed or specified under rule 9, an amount of Rs. 20,000/- (Rupees Twenty Thousand only) as security deposit, which shall be forfeited if he fails to secure not less than 2% of the original votes as defined in rule 35 polled in the concerned regional constituency.
(2) The method of payment of security deposit shall be specified in the notification issued under sub-rule (1) of Rule 9.
### 12. Scrutiny of nominations.
(1) The Council shall appoint for each election a Panel for the scrutiny of the nomination papers of all the candidates.
(2) The Panel shall consist of three persons of whom one shall be the Returning Officer and the other two shall be persons nominated by the Council, from among the members of the Council referred to in clause (b) of sub-section (2) of Section 9 of the Act, of which one shall be an officer of the Central Government and the other shall not be a member of the Institute, provided that if one or more of such members are not available or are unwilling to act, then any other officer or officers of the Central Government, as the Central Government may nominate for the purpose.
(3) A notification containing the names of the members of the Panel shall be issued before the last date for the receipt of nomination for the election for which it is appointed.
(4) The term of the Panel shall end with the conclusion of the polling for which it is appointed.
(5) The Panel shall have the power to regulate its procedure in such manner as it considers just and expedient.
(6) The quorum of the panel for the transaction of its business shall be two.
(7) In case a vacancy arises in the Panel by reason of one or more members of the Panel being unable to act for any reason, the vacancy shall be filled up by the Returning Officer from among the members of the Council referred to in clause (b) of sub-section (2) of Section 9 of the Act, provided he is not a member of the Institute, and provided that if one or more of such members are not available or are unwilling to act, then by any other officer or officers of the Central Government, as the Central Government may nominate for the purpose.
(8) The Panel shall scrutinize the nomination papers of all the candidates and shall endorse on each nomination paper its decision, whether it accepts or rejects the nomination.
(9) The Panel shall record a brief statement of its reasons, if it rejects a nomination.
(10) (a)
The Panel shall reject a nomination, if it is satisfied that:
(i) the candidate was ineligible to stand for election under rule 7; or
(ii) the proposer or the seconder was not qualified to subscribe to the nomination of the candidate in the approved Form; or
(iii) the signature of the candidate or of the proposer or the seconder is not genuine; or
(iv) there has been a failure to comply with the provisions of rule 9, rule 10 or rule 11.
(b) The Panel shall not reject a nomination paper on the ground of a technical defect which is not of a substantial character.
(c) The rejection of the nomination of a candidate by reason of any irregularity in respect of that nomination shall not be a bar to the acceptance of another nomination submitted under rule 9 and is also valid in respect of the same candidate.
(d) If a proposer or a seconder incurs a disability by reason of the operation of the provisions of the Act, Rules or Regulations made thereunder subsequent to the date of signing the nomination, it shall not invalidate the nomination.
(11) In a case where the nomination or, if more nominations than one were filed, all the nominations of a candidate has or have been refused or rejected, the Returning Officer shall give notice of the decision of the Panel together with a brief statement of the reason(s) therefor to the candidate concerned by registered/speed post.
### 13. Preparation of lists of valid nominations.
(1) On completion of the scrutiny of the nominations, the Returning Officer shall forthwith prepare a list of valid nominations for each constituency and cause a copy of the list to be sent by registered/speed post to each candidate from that constituency who had filed his nomination:
Provided that such list should sent at least ten days before the last date of withdrawal of nominations fixed under clause (c) of sub-rule (2) of Rule 4.
(2) The list shall contain full names in alphabetical order and the addresses, as published in the list of voters, of the validly nominated candidates for each constituency:
Provided that if the names of two or more candidates are same, then person with earlier date of enrolment as a member shall be included in the list before other person or persons having the same name but having a subsequent date of enrolment.
### 14. Withdrawal of candidature.
(1) A candidate may withdraw his candidature by giving a notice in his own hand and duly signed by him and have it delivered to the Returning Officer anytime before 6.00 P.M. of the last date notified vide sub-rule (2) of Rule 4.
(2) No candidate who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel or withdraw that notice.
(3) Within five days of the last date notified vide sub-rule (2) of Rule 4, the list of such candidates who have withdrawn their candidature from a regional constituency shall be intimated by the Returning Officer to the other candidates standing for election from the same constituency.
(4) A candidate who has withdrawn his candidature in accordance with sub-rule (1) shall be entitled to the refund of fifty percent of the fee paid by him under sub-rules (1) and (2) of rule 10 and the full security deposit under rule 11.
### 15. Intimation of final list of nominations to candidates and voters.
(1) The Returning Officer shall omit from the list of valid nominations the names of candidates who have withdrawn their candidature and send the final list of nominations for each constituency to all the candidates for that constituency by registered or speed post and to the voters of the constituency by ordinary post.
(2) The list shall be put on the Notice Board of the Institute, Website of the Institute, the Notice Board of the Regional Council concerned as well as the Notice Boards of chapters of Regional Council concerned, wherever these exist.
(3) The list shall also be accompanied by such particulars of all contesting candidates of that constituency as compiled, prepared and presented in accordance with Schedule 5 by the Returning Officer from the particulars to the extent supplied by the candidates under sub-rule (4) of Rule 9:
Provided he may correct any manifest errors in the particulars furnished that may have come to his notice.
(4) The particulars required to accompany the list of nominations, as aforesaid shall prominently indicate that they are compiled on the basis of the particulars furnished by the candidates under sub-rule (4) of rule 9 and that no responsibility is accepted as to the veracity of the said particulars.
### 16. Election Code of Conduct.
(1) With a view to maintain a healthy and peaceful atmosphere during the election process for ensuring a free and fair election, the Returning Officer, shall issue a Election Code of Conduct for candidates, as approved by the Council before issue of notification under sub-rule (2) of Rule 4, and which shall be published on the web-site of the Institute.
(2) The Election Code of Conduct shall contain instructions and norms to be followed by candidates and their authorized representatives appointed under these Rules during the entire election process including at the polling booth and counting centre.
(3) The Election Code of Conduct shall come into force from the date of issue of notification under sub-rule (2) of Rule 4.
(4) The Election Code is deemed to be a guideline of the Council under item (1) of Part II of the Second Schedule of the Act and it is obligatory for each candidate to comply with the Election Code of Conduct.
### 17. Death of a candidates.
(1) If a candidate dies before the date of election but after the date fixed for the withdrawal of candidature under rule 14 and his nomination is or has been accepted as valid, the election in his constituency shall be conducted among the remaining candidates and no fresh proceedings with reference to the election of members in the constituency in which such member was a candidate shall be commenced.
(2) The votes cast in favour of any such candidate shall be deemed to have been cast in favour of the candidate, if any, next in order of preference in the ballot paper.
(3) If a candidate dies after the date of election but before the commencement of the counting, the votes cast in favour of any such candidate shall be deemed to have been cast in favour of the candidate, if any, next in order of preference in the ballot paper.
(4) If the candidate dies after commencement of the counting and before declaration of result, counting of votes would continue as if the person has not died, and, if as a result of such counting he is found to be in a position to be declared elected, then the entire ballot papers would be recounted afresh, with the votes cast in favour of the candidate deemed to have been cast in favour of the candidate, if any, next in order of preference in the ballot paper.
(5) If a candidate dies after declaration of results in which he has been declared elected, then the resultant vacancy would be deemed to be a casual vacancy under Section 13 of the Act.
### 18. Candidates deemed to be elected if their number is equal to or less than the number of members to be elected.
(1) Where the number of candidates validly nominated from any constituency is equal to or less than the number of members to be elected from that constituency on the date of issue of the final list of nominations to the candidates, or where the number of candidates from any constituency becomes equal to or less than the number of members to be elected from that constituency, by reason of the death before the date of election, such candidates shall be deemed to be elected and the Returning Officer shall declare all such candidates duly elected.
(2) Where the number of such candidates from the constituency is less than the number of members to be elected from that constituency, the Returning Officer shall commence fresh proceedings for the election of the remaining member or members to be elected from that constituency.
### 19. Mode of election.
(1) The election shall be held in accordance with the system of proportional representation by means of a single transferable vote.
(2) Except as otherwise provided, at every election where a poll is taken, vote shall be given by secret ballot and every voter in any election, shall cast his vote personally in the booth provided for the purpose, unless a voter is allowed in respect of any election to cast his vote by post as hereinafter provided.
Explanation: For purpose of clarity it is reiterated that a voter desiring to record his vote, shall do so in person and not by proxy.
(3) Notwithstanding anything contained in these Rules or the Regulations, the giving or recording of votes through voting machines or internet in such manner as may be determined by the Council, and with the approval of the Central Government, may be adopted in such constituency or constituencies as the Returning Officer may, having regard to the circumstances of each case, specify.
Explanation: For the purposes of this sub-rule, the approval of the Central Government should be sought and obtained prior to publication of notification in the Gazette of India required under sub-rule (2) of rule 4.
### 20. Admissible number of votes to a voter.
(1) A voter shall have one vote only, and he shall have as many preferences as there are candidates.
(2) The voter in order to cast his vote:
(a) shall place on his ballot paper the number 1 (in Arabic or Roman numerals or in words) in the square opposite the name of the candidate for whom he desires to vote; and
(b) may, in addition, place on his ballot paper the number 2, or the numbers 2 and 3 or the numbers 2, 3 and 4 (in Arabic or Roman numerals or in words) and so on in the squares opposite the names of other candidates in the order of his preference, upto the maximum number of preferences available to him under sub-rule (1).
(c) may put 'X' against whom he has not mentioned any preference.
### 21. Polling booths.
(1) The Returning Officer shall set up such number of polling booths at such places as he deems necessary:
Provided that no polling booth shall be set up in any place having less than 25 members eligible to vote in accordance with rule 5 in the said place or within a distance of 50 kilometers thereof:
Provided further that if, in the opinion of the Returning Officer for compelling reasons, it becomes necessary to change the address of one or more polling booths, he may do so and inform by post or e-mail of the change to all voters who are affected by such a change and to all candidates of the constituency in which the polling booth is situated, in addition to publishing the same on the web-site of the Institute.
(2) In a place having less than 2500 voters, there shall be one polling booth for every 500 voters or part thereof, though the allocation of voters among different polling booths in the same place need not necessarily be in groups of 500 and the polling shall be held on one day.
(3) In a place having more than 2500 voters each polling booth shall be allotted 1000 voters or part thereof and the polling shall be held on two consecutive days.
### 22. Polling Officer.
(1) The Returning Officer shall appoint a Polling Officer, preferably a officer serving under the Central or any State Government, for each polling booth and may also appoint such other persons as he may deem necessary to assist the polling officer:
Provided that no member of the Institute shall be appointed as Polling Officer.
(2) The Polling Officer shall, in addition to performing the duties imposed upon him by these Rules, be in general in charge of all arrangements at the polling booth and may issue orders as to the manner in which persons shall be admitted to the polling booth and generally for the preservation of peace and order at or in the vicinity of the polling booth.
(3) Where the Polling Officer appointed by the Returning Officer is unable to conduct the polling on one or more of the day or days fixed for the polling, he may intimate the same to the Returning Officer or any other officer nominated by the Returning Officer for the purpose, who shall appoint another person, subject to proviso of sub-rule (1), as polling officer in his place.
### 23. Appointment of Election Observers.
(1) The Returning Officer shall appoint such number of election observers, who shall not be members of the Institute, for all or any of the polling booths and for counting venue or venues, as may be deemed appropriate by him and such observers shall perform such duties as may be decided by the Council.
(2) The duties of the Election observers so decided by the Council be given due publicity among candidates and voters.
### 24. Secret Chamber.
(1) There shall be a secret chamber or chambers in each polling booth.
(2) The chamber shall be so arranged that no person may be able to see how a voter has recorded his vote.
### 25. Ballot paper.
(1) The ballot paper shall contain, in alphabetical order in English, a list of the candidates validly nominated for a constituency and shall be printed on one side only.
(2) Each such ballot paper shall contain the Institute's emblem printed in such manner, as may be decided by the Returning Officer having regard to the security considerations of the ballot paper.
### 26. Presence of the candidates and their authorised representatives at the polling booths.
(1) A candidate for election from a constituency shall be entitled to be present at the polling booths in that constituency.
(2) He may appoint any two members as his authorised representatives for each polling booth, only one of whom shall be entitled to be present at a time on his behalf at that particular polling booth.
(3) No appointment of an authorised representative shall be valid unless the candidate has issued a letter of authority to such a representative. The letter of authority shall be produced before the polling officer concerned, and shall include the full name, the membership number and the address of the authorised representative, as well as the number of polling booth at which he is authorised to be present.
(4) The polling officer shall keep a record of attendance of the candidates and/or their authorised representatives, which shall be forwarded to the Returning Officer after the polling is over.
### 27. Appointment of assistants.
- The polling officer may employ at the polling booth such persons not being members of the Institute as he thinks fit to assist him in identifying the voters or for any other purpose.
Provided that a person so appointed would not be entitled to discharge the duties of polling officer laid out in these Rules and would be there only to assist the Polling Officer.
### 28. Eligibility to vote by post.
(1) A member whose name is included in the list of voters and whose name is not shown under any polling booth shall be permitted to vote by post.
(2) A member who is entitled to vote at a polling booth may be permitted at the discretion of the Returning Officer, to vote by post, if by reason of his suffering from any permanent infirmity or, in case of a member in service, a permanent change in address, he is unable to exercise his vote at the polling booth allotted to him:
Provided that in such a case he shall send an application in the approved Form for permission to vote by post under this sub-rule together with the medical certificate issued by a medical practitioner, not below the rank of a Surgeon in any Government Hospital, confirming such permanent infirmity, or, as the case may be, proof of permanent change in address duly signed by an authorized personnel of the organization where the member is employed, to the Returning Officer so as to reach him at least 60 days before the date of election and an application not received within the time specified shall not be considered.
Explanation: "Member in service" for the purpose of this section means members of the Institute who are employed in an organization not being a firm.
(3) A member who is residing outside India shall notwithstanding anything contained in these Rules be eligible to vote by post provided that his overseas address is registered with the Institute and has been published in the list of members eligible to vote.
(4) Any misuse of the concession under this rule or any misstatement or false verification in this behalf shall be deemed to have brought disrepute to the Council under item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council of the Institute.
### 29. Procedure of voting at the polling booth.
- Voting at a polling booth shall take place as per procedure laid out in Schedule 6 to these Rules
### 30. Procedure of voting by post.
- Voting by post shall take place as per procedure laid out in Schedule 7 to these Rules.
### 31. Grounds for declaring ballot papers invalid.
- A ballot paper shall be invalid:
(a) if a voter signs his name or writes any word or figure upon it or makes any mark including a tick (√)/cross (x), not being a mark of 'x' put under clause (c) of sub-rule (2) of Rule 20, upon it by which the ballot paper becomes recognizable or by which the voter can be identified; or
(b) if it is not print by or under the authority of the Council or it is different in any manner from the ballot papers printed under Rule 25; or
(c) if number 1 (in Arabic or Roman numerals or in words) is not marked on it; or
(d) if number 1 (in Arabic or Roman numerals or in words) is set opposite the name of more than one candidate; or
(e) if number 1 (in Arabic or Roman numerals or in words) and some other numbers are put opposite the name of the same candidate; or
(f) if it is unmarked or the marks made are void or cannot be unambiguously determined; or
(g) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
### 32. Appointment of time and date for the counting of votes.
- The Returning Officer shall, at least fifteen days before date of polling, appoint for each regional constituency, a date or dates, place and time for each such date for the counting of votes at the headquarters of the Institute and shall also give notice of such date or dates, place and time in writing to all the candidates.
### 33. Appointment of scrutinisers.
- The Returning Officer may appoint two or more persons who are neither members of the Council nor candidates for election to act as scrutinisers of the voting papers and to assist him generally in counting the votes.
### 34. Presence of candidates at the time of counting of votes.
- A candidate for election shall be entitled to be present in person or to appoint a member as a representative to be present on his behalf at the time of counting of votes.
### 35. Counting of votes and declaration of results.
- Counting of votes shall take place as per procedure laid down in Schedule 8.
### 36. Notification of the declaration of results.
- The names of all the candidates declared elected shall be notified by the Council in the Gazette of India.
### 37. Election not to be invalid due to accidental omission, etc.
- No election shall be deemed to be invalid merely by reason of any accidental omission of the name of a member from the list of members eligible to vote or any accidental mistake in not allowing him to vote or the accidental inclusion of name of a person not entitled to vote in the list of members eligible to vote or allowing him to vote or any accidental irregularity or informality in the conduct of the election, including accidental omission to send or delay in sending the voting paper to a voter or the accidental non-receipt of, or delay in receipt of a voting paper, by voter.
### 38. Duties of the Returning Officer.
(1) The Returning Officer shall conduct the elections in accordance with these Rules.
(2) The Returning Officer may delegate any of the duties to be performed by him as Returning Officer to any of the other Officer or Officers of the Institute, as he may deem fit.
### 39. Decision of the Returning Officer to be final.
- Unless otherwise provided in these Rules, the decision of the Returning Officer or of the officer authorised by him under these Rules shall be final in all matters pertaining to conduct of election, interpretation of these Rules and the procedure adopted for such matters which are not specifically covered by these Rules.
Explanation: For the purpose of this rule, the conduct of election shall also include the process of counting of votes and declaration of results.
### 40. Vacancy in any seat not to hold up constitution of the Council.
- If for any reason any seat or seats to a regional constituency or constituencies is not filled up after the election, it would not be deemed to hold up the constitution of the Council under Section 9 of the Act.
### 41. Election Expenses.
(1) No candidate, whose name has been included in the final list of nominations under Rule 15, shall incur an expenditure above an amount to be fixed by the Council for this purpose.
(2) Every such candidate shall file an account of expenses incurred for the election in a format approved by the Council, within fifteen days of notification issued under Rule 36.
(3) A member shall be deemed to have brought disrepute to the Council under item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council of the Institute, he is found to have contravened the provisions of sub-rule (1) or sub-rule (2).
### 42. Disciplinary action against member in connection with conduct of election.
(1) A member shall be deemed to have brought disrepute to the Council under item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council of the Institute, he is found to have contravened the provisions of sub-rule (2) or all or any of the clauses of sub-rule (3) or sub-rule (4) of this rule.
(2) Only one manifesto or circular shall be issued by a candidate in relation to the election in the period commencing from the date of issue of final list of nominations to the candidates.
(3) A manifesto or circular issued shall conform to the following requirements in the interest of maintaining dignity in the election, namely:-
(a) A manifesto or circular shall contain information regarding the candidate himself and shall not make any reference, directly or indirectly, to any other candidate;
(b) The information, which a candidate may furnish in a manifesto or circular regarding himself, shall not differ in any material respect from the information furnished by the Institute to the voters under rule 9. A candidate may, however, include in such manifesto or circular, any additional information not contained in the information furnished under rule 9;
(c) A manifesto or circular shall neither contain any appeal to the voters on the basis of caste or on communal, religious, regional or sectional lines nor any tall claim;
(d) The distribution of a manifesto or circular shall be restricted only to the members of the constituency concerned;
(e) A certified copy of such manifesto or circular shall be sent to the Returning Officer by speed/registered post within 15 days of its issue;
(f) While a candidate may repeat, in any form, the manifesto or circular issued under sub-rule (2) of this rule without changing its contents, however, he shall not issue more than one manifesto or circular.
(4) A member shall not adopt or more of the following practices with regard to the election to the Council, namely:-
(i) Bribery, that is to say, any gift, offer or promise of any gifts or gratification to any person by a candidate or any other person, with his connivance, with the object directly or indirectly of:-
(a) inducing a member to stand or not to stand as a candidate at an election or rewarding him for act or omission; or
(b) inducing to withdraw his candidature or rewarding such withdrawal; or
(c) inducing a voter to vote or not to vote at an election, or as a reward for act or omission;
Explanation: For the purpose of this clause, the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money, and it includes organizing parties or providing any other form of entertainment, and all forms of employment for reward; but it does not include the payment of any expenses bonafide incurred at or for the purpose of any election;
(ii) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or any other person, with his connivance, with the free exercise of any electoral right;
(iii) the publication by a candidate or by any other person, with his connivance, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;
(iv) the obtaining or procuring or abetting, or attempting to obtain or procure, by a candidate or by any other person, with his connivance, any assistance for the furtherance of the prospects of the candidate's election from any person serving under the Government of India or the Government of any State, other than the giving of vote by such person, if he is a member entitled to vote;
(v) the hiring or procuring, whether on payment or otherwise, of a vehicle by a candidate or by any other person, with his connivance, for the conveyance of voters;
(vi) resorting to disorderly behaviour or misbehaviour within the zero tolerance zone to be determined by the Returning Officer of the polling booth and/or venue for counting of votes;
Explanation: For the purpose of this clause, canvassing for votes, distribution of visiting cards, pamphlets, manifestos, letters, hand-outs, circulars and the like, erection of any stall and display of any banner shall be treated as disorderly behaviour or misbehaviour;
(vii) exhibiting or placing any notice or sign board relating to the election by a candidate or by any other person with the connivance of the candidate at any time and any where during the election period including on the date/s of polling within a distance of 200 meters from the polling booth;
(viii) non-compliance with any of the directives or circulars or instructions issued by the Returning Officer under these Rules in any matter relating to elections;
(ix) contesting the election representing a political party or on political lines;
(x) any act specified in clause (i) to (ix) when done by a member, who is not a candidate, but is acting with the concurrence or connivance of a candidate;
(xi) the receipt by a member or an agreement by a member to receive any gratification:
(a) as an inducement or reward for standing or not standing as a candidate; or
(b) as an inducement or reward for withdrawing his candidature; or
(c) as an inducement or reward for himself or any other person for voting or refraining from voting; or
(d) as an inducement or reward for inducing or attempting to induce any voter to vote or refrain from voting; or
(e) inducing or attempting to induce any candidate to withdraw his candidature;
(xii) Contravention or misuse of any of the provisions of these Rules or making of any false statement knowing it to be false or without knowing it to be true, while complying with any of the provisions of these Rules.
Schedule 1
------------
Regional Constituencies
(see rule 3)
The electorate for the purpose of election to the Council, shall be constituted into four regional constituencies as follows:
(i) Western India Regional Constituency :- Comprising the States of Chattisgarh, Goa, Gujarat, Madhya Pradesh, Maharashtra and the Union Territories of Dadra and Nagar Haveli and Daman and Diu;
(ii) Southern India Regional Constituency :- Comprising the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu and the Union Territories of Andaman and Nicobar Islands, Lakshadweep and Pondicherry;
(iii) Eastern India Regional Constituency :- Comprising the States of Arunachal Pradesh, Assam, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura and West Bengal;
(iv) Northern India Regional Constituency :- Comprising the States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttaranchal and Uttar Pradesh and the Union Territories of Chandigarh and Delhi.
Schedule 2
------------
List of Voters
(see sub-rule (1) to (6) of rule 6)
(1) The list of voters shall be prepared separately for each regional constituency.
(2) The list so prepared under clause (1) above shall show distinctly and separately :-
(i) whether the voter is an associate or a fellow;
(ii) the address of each member as determined under rule 5 for deciding the eligibility of the member to vote;
(iii) in the case of voters residing outside India, in addition to their address in India under clause (ii), their respective addresses outside India if furnished to the institute by the voters concerned;
(iv) details of internet address or e-mail address as furnished by a voter to the Institute, provided an express consent is given by the voter for its inclusion in the list of voters;
(v) the manner in which the voter shall exercise his franchise; and
(vi) in case the voter is to exercise his franchise at a polling booth, the number and address of the polling booth, at which the franchise shall be exercised.
(3) In respect of place having more than one polling booth located at different addresses, the Returning Officer shall do the following to decide the polling booth to be published in the list of voters vide sub-clause (vi) of clause (2) above:
(i) He shall publish a notice containing the addresses of different polling booths at a place where there are more than one polling booth, at least two months before publication of the list of voters, in the Journal of the Institute and the Newsletter of the Regional Council concerned, and also upload the same on the Institute's website;
(ii) Any voter in such a place wishing to vote at a particular polling booth published under clause (i) above may send a request to the Returning Officer within one month from the date of publication of such a notice;
(iii) The Returning Officer may, at his discretion, permit such a voter to vote at the polling booth of his choice, and accordingly include the details of the said polling booth in the List of Voters;
(iv) In case it is not possible for the Returning Officer to permit a voter to vote at the polling booth requested, the Returning Officer may decide to permit him to vote at any other polling booth at the place and accordingly include the details of the said polling booth in the List of Voters.
Schedule 3
------------
Number of members to be elected
(see rule 8)
(1) Subject to provision of clause (5) below, the number of members to be elected from each regional constituency shall be one member for such number of members in the constituency as may be determined by dividing the total number of members as determined in accordance with clause (4) below by the maximum number of members to be elected to the Council as provided in sub-section (2) of Section 9 of the Act.
(2) In case the resultant number of members for each constituency, after being added up in terms of the absolute number without considering the fraction, is less than the maximum number as provided in sub-section (2) of Section 9 of the Act, the fraction in respect of the region with the highest fraction will be counted as one. In case the total is still less than the maximum number, the fraction in respect of the region with the next highest fraction will be counted as one. This process be continued, subject to provision of clause (5) below, until the total is equal to the maximum number of members to be elected under sub-section (2) of Section 9 of the Act.
(3) In case the resultant number of members for each constituency, after being added up, is less than the maximum number of members and there are more than one regional constituency with exactly the same fraction, the constituency with a higher number of members will have precedence in the matter of conversion of the fraction into one, subject to provision of clause (5) below.
(4) The total number of members referred to in clause (1), shall be determined with reference to the number of members in the list of members published under sub-section (3) of Section 19 of the Act in the financial year in which the election is to take place.
(5) Notwithstanding anything contained in clauses (1) to (3), each constituency shall have at least two persons elected therefrom to the Council.
Schedule 4
------------
Information to be included in the Statement accompanying the Nomination
(see sub-rule (4) of rule 9)
(1) Nomination of a candidate shall be accompanied by a statement signed and verified by the candidate containing following information:
(a) Name, membership No., Professional Address and voter's serial number as published in the List of Voters;
(b) Date of birth;
(c) Whether Fellow and the date on which became Fellow;
(d) Date of Enrolment as an Associate member;
(e) Whether citizen of India;
(f) Whether found guilty of any professional or other misconduct and consequently whether he has been reprimanded or the name has been removed from the Register or has been awarded penalty of fine as on the date of nomination;
(g) If the answer to (f) above is in affirmative, to provide the following details, wherever applicable (separately for each misconduct for which found guilty):
(i) the offence for which found guilty
(ii) the date of reprimand
(iii) the date from which the name was removed on account of above disqualification from the Register
(iv) the total period of removal
(v) the date on which the period of removal expires
(vi) whether the removal was on account of misconduct falling under the First Schedule or Second Schedule
(vii) the date on which the penalty of fine was awarded
(viii) amount of penalty of fine
(ix) the date on which the payment was made for penalty of fine awarded;
(h) (i)
Whether appointed as the auditor of the Institute and, if so, whether a period of three years had already expired after he has ceased to be the auditor of the Institute, along with dates of appointment and cessation as auditor;
(ii) If the period has not yet expired, the date on which it shall expire;
(i) Details of past and present membership of the Council including the Office of the President and/or Vice-President of the Institute;
(j) Whether holding a post under the Central or State Government as defined in sub-rule II to rule 7.
(2) The statement referred to in clause 1 may also contain, at the option of the candidate, information concerning the candidate in respect of the following:
(a) Academic qualification (diplomas including post qualification diploma(s) and degrees recognized by Government or Council and membership of professional bodies recognized by the Council);
(b) Merit awards (limited upto first three positions) in the examinations of recognized universities and the examinations conducted by the Institute;
(c) Particulars of occupations:
(i) Employment (designation with name of present employer)
(ii) Practice (sole proprietor or in partnership including the name of the firm)
(iii) Particulars of other occupation/engagement, if not covered by (i) and (ii) above;
(d) Past and present membership of Regional Councils and Managing Committees of chapters of Regional Councils and office of Chairman, Vice-Chairman, Secretary and/or Treasurer in the case of Regional Councils and/or chapters of Regional Councils.
Schedule 5
------------
Particulars of contesting candidates to be including in the final list of valid nominations
(see sub-rule (3) of rule 15)
The final list of valid nominations shall be accompanied by following particulars of contesting candidates to the extent they have been supplied by the candidates under sub-rule (4) of rule 9:
(a) Name, membership No., Professional Address and voter's serial number, as published in the List of Voters
(b) Date of birth
(c) Whether Fellow and the date on which became Fellow
(d) Date of Enrolment as an Associate member
(e) Whether citizen of India
(f) Whether found guilty of any professional or other misconduct and consequently has been reprimanded or the name has been removed from the Register or has been awarded penalty of fine, as on the date of nomination, with details thereof
(g) Details of past and present membership of the Council including the Office of the President and/or Vice-President of the Institute
(h) Academic qualifications (diplomas including post qualification diploma(s) and degrees recognized by Government or Council and membership of professional bodies recognized by the Council)
(i) Merit awards (limited upto first three positions) in the examinations of recognised universities and the examinations conducted by the Institute.
(j) Particulars of occupation :-
(i) Employment (designation with name of present employer)
(ii) Practice (sole proprietor or in partnership including the name of the firm)
(iii) Particular of other occupation or engagement, if not covered by (i) and (ii) above.
(k) Past and present membership of Regional Councils and Managing Committees of chapters of Regional Councils and office of Chairman, vice-Chairman, Secretary and/or Treasurer in the case of Regional Councils and/or chapters of Regional Councils.
Schedule 6
------------
Procedure for polling at the polling booth
(see rule 29)
### 1. Identification of voters and Tendered Ballots - (1) Every person claiming to be a voter shall be required to sign the copy of the list of members eligible to vote provided by the Returning Officer and his identity or signature shall be verified by the polling officer in such manner as may be advised by the Returning Officer from time to time. (2)
At any time before a ballot paper is delivered to a person claiming to be a voter, the polling officer may, on his own accord, if he has reason to doubt the identity of the person or his right to vote at the polling booth or if his specimen signatures are not available with the polling officer, and shall, if so required by a candidate or his authorised representative, satisfy himself in any manner as he may deem advisable as to his identity.
(3) If the polling officer is not satisfied as to the identity of the person claiming to be voter, he may issue a ballot paper to such person but instead of getting the ballot paper inserted in the ballot box, he shall place the same in a separate sealed cover superscribed as "Tendered ballot" and send it to the Returning Officer along with a letter from the person concerned together with his own observations thereon, for the Returning Officer's decision which shall be final and conclusive.
(4) In deciding the right of a person to obtain a ballot under this schedule, the Polling Officer at any polling booth may interpret any entry in the list of members eligible to vote so as to overlook merely clerical or printing error, provided that he is satisfied that such person is same as the voter to whom such entry relates.
### 2. Record to be kept by the polling officer - The polling officer shall, at the time of delivery of the ballot paper place against the name of the voter in the list of members eligible to vote, a mark to denote that the voter has received a ballot paper. ###
3. Ballot Box - The ballot box shall be so constructed that a ballot paper can be inserted there into during the poll but cannot be withdrawn therefrom, without the box being unlocked or the seals being broken.
### 4. Manner of recording of votes after receipt of ballot paper - On receiving the ballot paper, the voter shall forthwith proceed into the secret chamber set apart for the purpose and shall record his vote on the ballot paper in the manner specified in rule 20. He shall thereafter fold the ballot paper, leave the secret chamber and insert the ballot paper in the ballot box provided for the purpose, in the presence of the polling officer. ###
5. Return of Ballot paper by voter - (1) Where a voter, after obtaining a ballot paper, chooses not to vote, he shall return the ballot paper to the polling officer and the ballot paper so returned shall then be marked as "cancelled returned" and kept in a separate envelope set apart for the purpose and a record shall be kept by the polling officer of all such ballot papers.
(2) Where any ballot paper, which was delivered to a voter, is found, with or without any writing thereon, in the secret chamber, it shall be dealt with in accordance with the provisions of sub-clause (1), as if it had been returned to the polling officer.
### 6. Procedure at the polling booth - (1) A polling booth shall be kept open on the day or days appointed for recording of votes from 8.00 a.m. to 7.00 p.m. unless otherwise directed by the Council. (2)
If the polling at any polling booth cannot take place on the day or days appointed for recording of votes or is interrupted or obstructed by any sufficient cause or the ballot box used at the booth is tampered with or is accidentally or deliberately destroyed, lost or damaged, the polling officer with the prior approval of the Returning Officer, may adjourn the polling to a subsequent date or the Returning Officer may declare the polling at the booth void and order a fresh polling.
(3) If a polling is adjourned or declared void under sub-clause (2), the Returning Officer shall, as soon as possible, appoint the place where the polling shall be subsequently conducted and the time, date or dates, as the case may be, for the said polling.
(4) The place, date or dates and the time of polling appointed under sub-clause (3), shall be notified individually to all the voters affected as well as in the Gazette of India.
(5) The Returning Officer shall not proceed to count the votes cast at the election until the polling at all the polling booths in the constituency has been completed.
(6) The polling officer shall close the polling booth at the end of the day, or if the polling is for more than one day, at the end of each day, at the hour appointed under sub-clause (1), and no voter shall be admitted thereto after that hour:
Provided that any voter present in the polling booth before it is closed, shall be entitled to have his vote recorded.
(7) The polling officer shall, as soon as practicable after the close of the poll or after its close on each day, if the polling is for more than one day, in the presence of any candidates or their authorised representatives who may be present, seal the ballot box or boxes with his own seal and the seals of such candidates or authorised representatives as may desire to affix their seals thereon.
Explanation: Where the polling is conducted over more than one day, the ballot box or boxes used on a day shall be sealed at the end of each day, and a new ballot box shall be used on the next day for the purpose of casting of votes.
(8) The polling officer shall, at the close of the poll or after its close on each day make up into separate packets:
(i) the unused ballot papers;
(ii) the returned ballot papers;
(iii) the tendered votes;
(iv) the marked copy of the list of members eligible to vote; and
(v) any other paper directed by the Returning Officer to be kept in a sealed cover
and seal each such packet with his own seal and the seals of such candidates or authorised representatives as may desire to affix their seals thereon.
(9) Where the polling is arranged to take place for more than one day, the polling officer shall arrange for the safe custody of the ballot box and such packets after the end of polling on one day and start of polling on the next day.
(10) Where the polling is arranged to take place for more than one day, just before the polling booth is opened to the voters on the following day the polling officer shall, in the presence of any candidates or their authorised representatives who may be present, remove the seal or seals affixed in accordance with sub-clause (8), after the seals are examined by him and by the candidates or authorised representatives, for use during the course of that day.
(11) The ballot box and packets, referred to earlier, shall be accompanied by an account of ballot papers showing the total number of ballot papers received, issued and un-issued, returned, as also the number of ballot papers which should be found in the ballot box and packets. This account shall be forwarded to the Returning Officer.
### 7. Transport of ballot boxes etc. and their custody - (1) The Returning Officer and the polling officer shall make adequate arrangements for the safe custody of the ballot boxes and other papers and for the safe transport to the headquarters of the Institute of all the packets or boxes and other papers referred to in rule 6. (2)
The Returning Officer shall be responsible for the safe custody of the articles referred to in sub-clause (1) , until the commencement of the counting of votes.
Schedule 7
------------
Procedure for polling by post
(see rule 30)
### 1. Returning Officer to send ballot papers by post - Not less than twenty one days before the last date and time notified for receipt of ballot papers by post, the Returning Officer shall send by Speed or registered post to the voters permitted to vote by post, the ballot paper, together with a letter explaining the manner in which the vote shall be recorded thereon, the manner in which the recorded ballot papers shall be returned and specifying the date and hour by which it shall reach the Returning Officer: Provided that in the case of voters residing outside India, the ballot papers shall be sent by speed or registered post at least thirty days before the last date and time notified for receipt of ballot papers by post.
### 2. Issue of undelivered and fresh ballot papers - Where a ballot paper and other connected papers sent by post under sub-clause (1) are damaged in transit or are for any reason returned undelivered or the Returning Officer is satisfied that the ballot papers have been sent incorrectly by post, the Returning Officer may reissue the same by speed or registered post or deliver them to the voter on his applying for the same, and submitting sufficient proof of damage or non-delivery. ###
3. Postal Ballot papers to be returned after recording votes. - (1) The postal ballot paper received under clause 1 above shall, if he desires to vote, be returned by the voter, in the manner mention herein below:
(a) for a voter residing within India, after recording his vote thereon in the manner specified in rule 20 and in the pre-stamped envelope provided for the purpose and in the manner specified by the Returning Officer under clause 1 from the place to which the ballot paper was sent by the Returning Officer under clause 1 so as to reach the Returning Officer before the date and time specified in this behalf. The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form;
(b) for a voter residing outside India, after recording his vote thereon in the manner specified in rule 20 and by ordinary post or speed or registered post and in the manner specified by the Returning Officer under clause 1 but from the country to which the ballot paper was sent by the Returning Officer under clause 1 so as to reach the Returning Officer before the date and time specified in this behalf. The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form;
(2) A cover containing ballot paper which does not reach the Returning Officer either in the manner specified by him under clause 1 on or before the date and time specified shall not be taken into consideration in the counting of votes. The Returning Officer shall note on all such covers the manner in which each was received back by him including use of the envelope other than the one provided for the purpose, dispatch by a mode other than required mode and the date and time of receipt and keep all such covers together in a packet.
(3) In regard to covers where the postal stamp of place of posting is not clear or decipherable, the decision taken by the Returning Officer on ascertaining or determining the place or country from which the cover containing the ballot papers is sent shall be final.
(4) The Returning Officer shall disregard all covers containing the voting papers relating to two or more members and posted in one and the same envelope.
(5) If the signature of the voter as appended in the envelope and Form referred to in clause (3) of this schedule does not tally with any of his signature as available in the Institute's records, the Returning Officer shall disregard such cover containing the voting paper.
(6) The Returning Officer shall keep in safe custody all covers containing postal ballot papers received by him until commencement of the counting of votes.
Schedule 8
------------
Procedure for counting of votes and declaration of results
(see rule 35)
### 1. Definitions - For the purposes of this schedule, unless the context otherwise requires: (a) "continuing candidate" means any candidate not elected and not excluded from the poll at any given time at the time of counting;
(b) "exhausted paper" means a ballot paper on which no further preference is recorded for a continuing candidate at the time of counting:
Provided that a paper shall also be deemed to be exhausted in any case in which:-
(i) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference; or
(ii) the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not following consecutively after some other figures on the ballot paper or by two or more figures;
(c) "First preference" means number 1, "second preference" means number 2 and "third preference" means number 3 (in Arabic or Roman numerals or in words) as the case may be, set opposite the name of any candidate, and so on;
(d) "original vote" in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for such candidate;
(e) "transferred vote" in regard to any candidate means a vote, the value or part of the value of which is credited to such candidate at the time of counting and which is derived from a ballot paper on which a second or subsequent preference is recorded for such a candidate;
(f) "surplus" means the number by which the value of the votes of any candidate, original or transferred, exceeds the quota at the time of counting;
(g) "unexhausted paper" means a ballot paper on which a further preference is recorded for a continuing candidate.
### 2. Counting of votes - (1) On the date and at the time and place, appointed under rule 32 the Returning Officer shall, for the purpose of counting of votes in respect of a constituency, shall follow the following steps in the order mentioned: (a)
(i) open only the covers containing the postal ballot papers received by him in accordance with rule 30 and schedule 7 and shall take out the ballot papers from each cover and shall record the number thereof in a statement; and shall make a separate packet of those ballot papers;
(ii) set aside the covers containing the ballot papers not received by him in accordance with rule 30 and schedule 7 or in respect of which he has taken a decision under sub-clause (3) of clause 3 of schedule 7:
Provided the Returning Officer shall allow the candidates or their authorized representatives present at the counting a reasonable opportunity to inspect the covers containing the ballot papers received by post for satisfying themselves that they are in order but shall not allow them to handle those covers.
(b) allow the candidates and their authorised representatives, present at the counting, an opportunity to inspect the ballot boxes and packets received from the polling officers and their seals for satisfying themselves that they are in order; and
(c) proceed as follows:-
(i) If he is satisfied that the ballot boxes and packets which have been received are in order, he shall take up the counting of the ballot papers contained in the ballot boxes.
(ii) If he finds any of the ballot boxes has been tampered with he shall not count the ballot papers contained in such box for the purposes of election and keep a record of such ballot papers separately.
(iii) The ballot boxes found to be in order shall be opened and the ballot papers shall be taken out from them and shall be counted and the number thereof recorded in a statement. To these shall be added the postal ballot papers taken into consideration under sub-clause (1)(a).
(iv) The ballot papers shall be examined and any invalid ballot papers shall be rejected.
(v) Before rejecting any ballot paper, the Returning Officer shall allow each candidate or his representative present a reasonable opportunity to inspect the ballot paper but shall not allow him to physically touch or handle it or any other ballot paper.
(vi) The Returning Officer shall endorse on every ballot paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of rubber stamp and shall initial such endorsement.
(vii) All ballot papers rejected under this rule shall be bundled together.
(viii) He shall divide the remaining ballot papers into parcels according to the first preferences recorded for each candidate.
(ix) He shall then count the number of papers in each parcel.
(2) In complying with clauses hereinafter enacted, the Returning Officer shall:-
(a) disregard all fractions;
(b) ignore all preferences recorded for candidates already elected or excluded from the poll.
(3) For the purpose of facilitating the processes specified in the sub-clauses hereinafter enacted, each valid paper shall be deemed to be of the value of one hundred.
(4) The Returning Officer shall add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled and the quotient increased by one shall be the number sufficient to secure the return of a candidate (hereinafter called the quota).
(5) If at any time, a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be treated as elected, and no further steps shall be taken.
(6) (i)
Any candidate, the value of whose parcel, on the first preference being counted is equal to or greater than the quota, shall be declared elected.
(ii) If the value of the papers in any such parcel is equal to the quota, the papers shall be set aside as finally dealt with.
(iii) If the value of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the continuing candidates indicated on the voting papers as next in the order of the voters' preference, in the manner specified in the following sub-clause.
(7) (i)
If and when, as the result of any operation specified in these sub-clauses a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this sub-clause.
(ii) If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude.
Provided that every surplus arising on the first counting of votes, shall be dealt with before those arising on the second count and so on.
(iii) Where two or more surpluses are equal, the Returning Officer shall decide, as hereinafter provided, which shall first be dealt with.
(iv) (a)
If the surplus of any candidate to be transferred arises from only the original votes, the Returning Officer shall examine all the papers in the parcel belonging to the candidate whose surplus is to be transferred, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers.
(b) He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.
(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers, at the value at which they were received by the candidate whose surplus is being transferred.
(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcel of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.
(v) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Returning Officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of the sub-parcels referred to in item (iv) of this sub-clause.
(vi) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.
(vii) All papers in the parcel or sub-parcel of an elected candidate not transferred under this sub-rule shall be set aside as finally dealt with.
(8) (i)
If after all surpluses have been transferred, as hereinbefore directed, less than the number of candidates required has been elected, the Returning Officer shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with.
(ii) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(iii) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value of which he obtained them.
(iv) Each of such transfers shall be deemed to be a separate transfer.
(v) The process directed by this sub-clause shall be repeated on the successive exclusions, one after another, of the candidates lowest on the poll until the last vacancy is filled either by the election of a candidate with the quota or as hereinafter provided.
(9) If as the result of a transfer under this clause, the value of the votes obtained by a candidate is equal to or greater than the quota, then transfer proceeding shall be completed, but no further papers shall be transferred to him.
(10) (i)
If after the completion of any transfer under this clause, the value of the votes of any candidate shall be equal to or greater than the quota, he shall be declared elected.
(ii) If the value of the votes of any such candidate shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with.
(iii) If the value of the votes of any such candidate shall be greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided before the exclusion of any other candidate.
(11) (i)
When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.
(ii) When only one vacancy remains unfilled and the value of the votes of some one continuing candidate exceeds the total value of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected.
(iii) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding sub-clause and the other declared elected.
(12) If, when there is more than one surplus to distribute, two or more surpluses are equal, or if at any time it becomes necessary to exclude a candidate and two or more candidates have the same values of votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded shall have his surplus first distributed, or shall be first excluded as the case may be. If the values of their original votes are equal, the Returning Officer shall decide by lot which candidate shall have his surplus distributed or be excluded.
### 3. Procedure in case of a tie - (1) Where after counting of votes, a tie is found to exist between any candidates and the addition of one vote shall entitle any of those candidates to be declared elected, then the person who has received larger number of first preference votes shall be considered to have received an additional vote and shall be declared to be duly elected. (2)
If it is not possible to declare a candidate elected even after operation of sub-clause (1) then lots shall be drawn between the candidates in a tie and the successful candidate shall be considered to have received an additional vote and shall be declared to be duly elected.
### 4. Provision for re-counts - Any candidate or, in his absence his authorized representative may, at any time during the counting of the votes either before the commencement or after the completion of any transfer of votes (whether surplus or otherwise) request the Returning Officer to reexamine and re-count the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with) along with reasons for asking such a recount, and the Returning Officer may re-examine and re-count the same if he finds that the reasons given are sufficient for having a recount: Provided that such a recount should be restricted to only the immediately previous count.
Provided further that recount shall be done only once at end of any round of count.
|
65ba2f3dab84c7eca86eacb6 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Restoration of Name "Mumbai" for "Bombay" Act, 1996
---------------------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Restoration of Name "Mumbai" for "Bombay" Act, 1996
=====================================================================
Act 25 of 1996
----------------
* Published on 1 September 1996
* Commenced on 1 September 1996
The Maharashtra Restoration of Name "Mumbai" for "Bombay" Act, 1996
Maharashtra Act
No. 25 of 1996
For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1996, Part VIII, Extraordinary, page 473.
[This Act received the assent of the Governor on the 1st September 1996; assent first published in the Maharashtra Government Gazette, Part IV, Extraordinary, on the 4th September 1996.]
An Act to provide for restoration of the original name "Mumbai" for "Bombay" in certain State enactments.
Whereas the Government of Maharashtra has decided to restore the original name of the city as "Mumbai" for "Bombay" and use the same for all purposes;
And Whereas it is expedient to amend certain State enactments for the purposes aforesaid; It is hereby enacted in the Forty-seventh Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Maharashtra Restoration of name "Mumbai" for "Bombay" Act, 1996.
### 2. Amendment of certain enactments.
- The State enactments specified in column (1) of the Schedule appended to this Act (hereinafter referred to as "the said Schedule") are hereby amended to the extent and in the manner mentioned in column (2) thereof.
### 3. Construction of references to "Bombay" and "Greater Bombay".
- Unless the context otherwise requires, any references to the name "Bombay" or any reference to "Greater Bombay" appearing in the title, or in the name of the area, corporation or authority in any of the enactments specified in the said Schedule, in any other State enactments, or in any rules, regulations, bye-laws, notifications or orders issued under any enactment, or in any instrument, shall after the commencement of this Act, be construed as a reference to "Mumbai or to "Brihan Mumbai" as the case may be.
### 4. Validation and saving.
- Nothing contained in section 3 restoring the name "Mumbai" in place of "Bombay" shall affect the previous operation of any notification, order rule or bye-laws, issued or made or anything done or suffered under any State enactments as they exist on the day of commencement of this Act, or any right, privilege, obligation or liability already acquired, accured or incurred under any such law.
Schedule
----------
(See section 2)
| | | | |
| --- | --- | --- | --- |
|
|
State Enactment
|
|
Amendments
|
|
|
(1) |
|
(2) |
|
(1) |
The Bombay Municipal (1) Corporation Act. (Bombay III of
1888).
|
(1) |
In the long title and in the preamble, for the
words "Greater Bombay" the words "Brihan Mumbai"
shall be substituted.
|
|
|
|
(2) |
In section 1,-
|
|
|
|
|
(a) |
for the words "Bombay Municipal Corporation"
the words "Mumbai Municipal Corporation" shall be
substituted.
|
|
|
|
|
(b) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted.
|
|
|
|
(3) |
In section 3,
|
|
|
|
|
(a) |
In clause (a1), for the words "Greater
Bombay" appearing for the first time, the words "Brihan
Mumbai" shall be substituted;
|
|
|
|
|
(b) |
in clause (b) , for the words "Greater Bombay"
the words "Brihan Mumbai shall be substituted;
|
|
|
|
|
(c) |
in clause (d) , for the words "Greater Bombay"
the words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(d) |
in clause (f) , for the words "Greater Bombay"
the words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(e) |
in clause (i) , for the words "Greater Bombay"
the words "Brihan Mumbai" shall be substituted;
|
|
|
|
(4) |
In the following sections,-
|
|
|
|
|
(1) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted, namely:-
|
|
|
|
|
|
section 5, sub-section (2) ,
|
|
|
|
|
|
section 5A, sub-section (2) and (3),
|
|
|
|
|
|
section 19, sub-section (1) ,
|
|
|
|
|
|
section 54, sub-section (1) ,
|
|
|
|
|
|
section 61, claue (1) ,
|
|
|
|
|
|
section 63B,
|
|
|
|
|
|
section 64, sub-section (2) ,
|
|
|
|
|
|
section 66, sub-section (1) , clauses (b) and (c)
|
|
|
|
|
|
section 66A,
|
|
|
|
|
|
section 87,
|
|
|
|
|
|
section 91D,
|
|
|
|
|
|
section 91DA,
|
|
|
|
|
|
section 105F, sub-section (1) ,
|
|
|
|
|
|
section 109, clauses (b) , (c), (dd) and (ddd),
|
|
|
|
|
|
section 109A, sub-section (2) ,
|
|
|
|
|
|
section 111A,
|
|
|
|
|
|
section 112,
|
|
|
|
|
|
section 118A,
|
|
|
|
|
|
section 124, sub-section (1) ,
|
|
|
|
|
|
section 140, sub-section (1) ,
|
|
|
|
|
|
section 141, sub-sections (1) and (2),
|
|
|
|
|
|
section 142, sub-sections (1) , (2) and (4),
|
|
|
|
|
|
section 143, sub-section (1) ,
|
|
|
|
|
|
section 144, sub-sections (2) and (3)
|
|
|
|
|
|
section 156, clause (a) ,
|
|
|
|
|
|
section 157, sub-section (1) ,
|
|
|
|
|
|
section 180,
|
|
|
|
|
|
section 190,
|
|
|
|
|
|
section 191A, sub-section (1) ,
|
|
|
|
|
|
section 192, sub-sections (1) and (6),
|
|
|
|
|
|
section 194A,
|
|
|
|
|
|
section 195, sub-sections (1) and (3)
|
|
|
|
|
|
section 195F, sub-section (2) ,
|
|
|
|
|
|
section 210, sub-section (1) and the marginal
note.
|
|
|
|
|
|
section 221, sub-section (1) ,
|
|
|
|
|
|
section 222, sub-section (1) ,
|
|
|
|
|
|
section 233, sub-section (1) ,
|
|
|
|
|
|
section 245,
|
|
|
|
|
|
section 246, sub-section (1) ,
|
|
|
|
|
|
section 261,
|
|
|
|
|
|
section 265,
|
|
|
|
|
|
section 266,
|
|
|
|
|
|
section 270A,
|
|
|
|
|
|
section 271, sub-section (2) ,
|
|
|
|
|
|
section 288 and in the marginal note,
|
|
|
|
|
|
section 289, sub-section (1) ,
|
|
|
|
|
|
section 348, sub-section (1) ,
|
|
|
|
|
|
section 354C, sub-section (1) , clause (o) and (b),
|
|
|
|
|
|
section 354F,
|
|
|
|
|
|
section 354O, sub-section (1) ,
|
|
|
|
|
|
section 354R, sub-section (1) ,
|
|
|
|
|
|
section 354R, sub-section (4) , clause (a),
|
|
|
|
|
|
section 354R, sub-section (1) and (2),
|
|
|
|
|
|
section 354RJ, sub-section (3) and (6),
|
|
|
|
|
|
section 354RL, sub-section (1) ,
|
|
|
|
|
|
section 354RM, sub-section (1) ,
|
|
|
|
|
|
section 354WBB,
|
|
|
|
|
|
section 365,
|
|
|
|
|
|
section 369,
|
|
|
|
|
|
section 371,
|
|
|
|
|
|
section 376,
|
|
|
|
|
|
section 384, sub-section (1) clause (a),
|
|
|
|
|
|
section 385, sub-section (1) and (2),
|
|
|
|
|
|
section 394, sub-section (1) and (f),
|
|
|
|
|
|
section 399, sub-section (2) ,
|
|
|
|
|
|
section 402, sub-section (1) ,
|
|
|
|
|
|
section 403, sub-section (1) clauses (b), and (c),
|
|
|
|
|
|
section 411,
|
|
|
|
|
|
section 412,
|
|
|
|
|
|
section 412A,
|
|
|
|
|
|
section 426A, sub-sections (1) and (8), and in
marginal note,
|
|
|
|
|
|
section 434, sub-section (1) ,
|
|
|
|
|
|
section 436,
|
|
|
|
|
|
section 441A, and in the marginal note,
|
|
|
|
|
|
section 441G, sub-section (1) |
|
|
|
|
|
section 442,
|
|
|
|
|
|
section 443, sub-section (2) ,
|
|
|
|
|
|
section 446, sub-section (1) ,
|
|
|
|
|
|
section 450, sub-section (2) ,
|
|
|
|
|
|
section 454,
|
|
|
|
|
|
section 476A, in the marginal note,
|
|
|
|
|
|
section 478,
|
|
|
|
|
|
section 478-1A,
|
|
|
|
|
|
section 481,
|
|
|
|
|
|
section 484, clauses (b) and (c),
|
|
|
|
|
|
section 486A,
|
|
|
|
|
|
section 515, sub-section (1) ,
|
|
|
|
|
|
section 522, sub-sections (1) and (2),
|
|
|
|
|
(2) |
for the word "Bombay" the word "Mumbai"
shall be substituted, namely:-
|
|
|
|
|
|
section 62, marginal note,
|
|
|
|
|
|
section 114, in the marginal notes,
|
|
|
|
|
|
section 181, sub-section (1) , clauses (e-3), where
it occurs for the first time, section 194-1A;
|
|
|
|
|
(3) |
for the words, "Bombay Electric Supply and
Transport Undertaking" the words "Brihan Mumbai
Electric Supply and Transport Undertaking" shall be
substituted, namely:-
|
|
|
|
|
|
section 3, clauses (mn) and (nn);
|
|
|
|
|
|
section 4, clause (g) ;
|
|
|
|
|
|
section 50, sub-section (1) ,
|
|
|
|
|
|
section 60D, sub-section (1) and clause (a),
|
|
|
|
|
|
section 63, clause (m) ;
|
|
|
|
|
|
section 64, in clauses (a) and (c) of sub-section
(4) ;
|
|
|
|
|
|
section 66, in clauses (b) and (c) of sub-section
(1) , sub-section (5),
|
|
|
|
|
|
section 66A, sub-section (5) ;
|
|
|
|
|
|
section 80B, clauses (c) and (e) of sub-section
(3) ;
|
|
|
|
|
|
section 92;
|
|
|
|
|
|
section 105A, clause (a) ; section 118, clause (b);
|
|
|
|
|
|
section 124, sub-section (1) ;
|
|
|
|
|
|
section 125, sub-clause (iii) of clause (a) and
clause (c) of sub-section (1);
|
|
|
|
|
|
section 126, sub-clause (iii) of clause (a) of
sub-section (1) , and clause (b) of sub-section (2);
|
|
|
|
|
|
section 126A, clauses (a) , (c) and in the marginal
note;
|
|
|
|
|
|
section 126B, sub-section (2) , clause (ia) and
(a) ;
|
|
|
|
|
|
section 128, clause (b) of sub-section (1) and the
marginal note;
|
|
|
|
|
|
section 134, sub-section (2) ;
|
|
|
|
|
|
section 138, sub-section (1) ; chapter XVIA, in the
heading;
|
|
|
|
|
|
section 460A, sub-sections (1) and (2)(c),
|
|
|
|
|
|
section 460B, sub-section (1) ;
|
|
|
|
|
|
section 460C, sub-section (1) ;
|
|
|
|
|
|
section 460D, sub-section (1) ;
|
|
|
|
|
|
section 460F;
|
|
|
|
|
|
section 460G, sub-section (1) ;
|
|
|
|
|
|
section 460H, sub-section (1) and in the proviso
to sub-section (1) and in sub-sections (2) and (4);
|
|
|
|
|
|
section 460I;
|
|
|
|
|
|
section 460K;
|
|
|
|
|
|
section 460L, sub-section (1) ;
|
|
|
|
|
|
section 460O, sub-section (1) ;
|
|
|
|
|
|
section 460P, sub-section (2) ;
|
|
|
|
|
|
section 460Q;
|
|
|
|
|
|
section 460R, sub-section (1) ;
|
|
|
|
|
|
section 460S;
|
|
|
|
|
|
section 460U;
|
|
|
|
|
|
section 460V, sub-section (3) ;
|
|
|
|
|
|
section 460Z;
|
|
|
|
|
|
section 460AA, in the proviso;
|
|
|
|
|
|
section 460DD, sub-section (1) , clause (f);
|
|
|
|
|
|
section 460GG, and in clauses (a) , (d), (e) and
(g) ;
|
|
|
|
|
|
section 460HH;
|
|
|
|
|
|
section 460JJ, sub-section (1) ;
|
|
|
|
|
|
section 460LL, sub-section (3) ;
|
|
|
|
|
|
section 460MM, sub-section (1) , and in the
marginal note;
|
|
|
|
|
|
section 460NN, sub-section (1) ;
|
|
|
|
|
|
section 460OO; section 460PP;
|
|
|
|
|
|
section 461, in the marginal note;
|
|
|
|
|
|
section 461A and in the marginal note; section
469A;
|
|
|
|
|
|
section 517, sub-section (3) .
|
|
|
|
|
(4) |
for the words "Bombay Electric Supply and
Transport Committee" the words "Brihan Mumbai Electric
Supply and Transport Committee" shall be substituted,
namely:-
|
|
|
|
|
|
section 4, clause (d) ;
|
|
|
|
|
|
section 7B;
|
|
|
|
|
|
section 16, sub-section (2) ;
|
|
|
|
|
|
section 23, clauses (iii) , (iv), and (vi);
|
|
|
|
|
|
section 36, clauses (1) and (q);
|
|
|
|
|
|
In the heading (D) above section 50;
|
|
|
|
|
|
section 50, sub-section (1) , and in the marginal
note;
|
|
|
|
|
|
section 50A, sub-section (1) , and in the marginal
note;
|
|
|
|
|
|
section 50B, sub-section (1) , and in the marginal
note;
|
|
|
|
|
|
section 50C;
|
|
|
|
|
|
section 50D, sub-section (1) , in the proviso to
sub-section (1) and in the marginal note;
|
|
|
|
|
|
section 50E, sub-section (1) , and in the marginal
note;
|
|
|
|
|
|
section 50F, and in the marginal note;
|
|
|
|
|
|
section 50G, sub-section (1) , and in the marginal
note;
|
|
|
|
|
|
section 50T;
|
|
|
|
|
|
section 60A, sub-section (1) ; section 60B,
sub-section (1) ;
|
|
|
|
|
|
section 60D, sub-section (1) ; and clauses (a), (c)
and (d) thereof;
|
|
|
|
|
|
section 64, in the proviso to clause (e) of
sub-section (3) , in clauses (a) and (c) of sub-section (4);
|
|
|
|
|
|
section 66, sub-section (5) ;
|
|
|
|
|
|
section 68B, sub-section (1) ;
|
|
|
|
|
|
section 78A, clause (a) of sub-section (1);
|
|
|
|
|
|
section 80B, clause (b) of sub-section (1); (3),
(4) and sub-section (5), and sub-section (8);
|
|
|
|
|
|
section 85A;
|
|
|
|
|
|
section 105H;
|
|
|
|
|
|
section 115, in the proviso to sub-section (2) ;
|
|
|
|
|
|
section 126A;
|
|
|
|
|
|
section 126B, sub-sections (1) , (3) and in the
marginal note;
|
|
|
|
|
|
section 126G, sub-sections (1) and (2);
|
|
|
|
|
|
section 127, sub-section (2) ;
|
|
|
|
|
|
section 129;
|
|
|
|
|
|
section 131, sub-section (1) ;
|
|
|
|
|
|
section 132;
|
|
|
|
|
|
section 133, clause (g) ;
|
|
|
|
|
|
section 134, sub-section (1) ;
|
|
|
|
|
|
section 460A, sub-sections (1) and (2);
|
|
|
|
|
|
section 460G, sub-section (2) ;
|
|
|
|
|
|
section 460H, sub-section (1) ,(3) and (4);
|
|
|
|
|
|
section 460I;
|
|
|
|
|
|
section 460J;
|
|
|
|
|
|
section 460K, clauses (c) and (d);
|
|
|
|
|
|
section 460L, in the proviso to sub-section (1) ;
|
|
|
|
|
|
section 460M, in the proviso to sub-section (2) ;
|
|
|
|
|
|
section 460O, sub-section (1) and (2);
|
|
|
|
|
|
section 460P, sub-section (1) ;
|
|
|
|
|
|
section 460Q, in the proviso to clause (b) and in
clause (c) ;
|
|
|
|
|
|
section 460R, sub-sections (1) and (2) and in the
marginal note;
|
|
|
|
|
|
section 460T, in sub-section (1) and (2);
|
|
|
|
|
|
section 460U;
|
|
|
|
|
|
section 460V, in sub-sections (1) , (2) and (3) and
in the marginal note;
|
|
|
|
|
|
section 460X, sub-section (2) ;
|
|
|
|
|
|
section 460AA, in the proviso;
|
|
|
|
|
|
section 460BB, sub-section (1) , clause (a) and
sub-section (2) and (3);
|
|
|
|
|
|
section 460CC;
|
|
|
|
|
|
section 4600D, sub-section (8) , clause (a);
|
|
|
|
|
|
section 460EE, and in the marginal note;
|
|
|
|
|
|
section 460FF;
|
|
|
|
|
|
section 460GG, clause (c) ;
|
|
|
|
|
|
section 460HH;
|
|
|
|
|
|
section 460H;
|
|
|
|
|
|
section 460JJ, sub-sections (2) and (3);
|
|
|
|
|
|
section 460MM, sub-section (1) ;
|
|
|
|
|
|
section 460NN, sub-section (1) and (2);
|
|
|
|
|
|
section 493;
|
|
|
|
|
|
section 501;
|
|
|
|
|
|
section 517, sub-section (3) ;
|
|
|
|
|
|
section 527, sub-section (3) ;
|
|
|
|
|
(5) |
for the words "Bombay Electric Supply and
Transport Fund "the words" Brihan Mumbai Electric
Supply and Transport Fund" shall be substituted, namely-
|
|
|
|
|
|
section 78, clause (a) of sub-section (2);
|
|
|
|
|
|
section 115, in the proviso to sub-section (2) ;
|
|
|
|
|
|
section 118, at both the places in clause (b) ;
|
|
|
|
|
|
section 131, sub-section (1) ;
|
|
|
|
|
|
section 132;
|
|
|
|
|
|
section 133, clause (g) ;
|
|
|
|
|
|
section 134, sub-section (1) ;
|
|
|
|
|
|
section 137A and in the marginal note;
|
|
|
|
|
|
section 460D, sub-section (2) ; in the heading
above section 460Z;
|
|
|
|
|
|
section 460Z and in the marginal note;
|
|
|
|
|
|
section 460AA, and in the marginal note;
|
|
|
|
|
|
section 460BB, in sub-sections (1) and (2) in the
marginal note;
|
|
|
|
|
|
section 460CC and in the marginal note;
|
|
|
|
|
|
section 460DD and in the marginal note;
|
|
|
|
|
|
section 460EE and in the marginal note;
|
|
|
|
|
|
section 460GG and in the marginal note;
|
|
|
|
|
|
section 460II;
|
|
|
|
|
|
section 460JJ sub-sections (1) and (4);
|
|
|
|
|
|
section 460KK sub-section (1) and (3),
|
|
|
|
|
|
section 460LL, sub-sections (1) , (2) and (4);
|
|
|
|
|
|
section 460 NN, sub-section (1) ;
|
|
|
|
|
|
section 487 (2) ;
|
|
|
|
|
|
section 527, sub-section (3) ;
|
|
|
|
|
(6) |
for the words "Bombay Electric Supply and
Transport Staff Benefit Fund" the words "Blihan Mumbai
Electric Supply and Transport Staff Benefit Fund" shall be
substituted, namely:-
|
|
|
|
|
|
section 460HH and in the marginal note;
|
|
|
|
|
(7) |
for the words "Bombay Electric Supply and
Transways Company Limited" the words "Mumbai Electric
Supply and Transways Company Limited" shall be substituted,
namely:-
|
|
|
|
|
|
section 60, sub-section (3) , section 5,17
sub-section (3) ;
|
|
|
|
|
(8) |
for the word "Bombay Electric Supply and
Transport Betterment Fund" the word "Brihan Mumbai
Electric Supply and Transport Betterment Fund" shall be
substituted, namely:-
|
|
|
|
|
|
section 460LL, clause (b) of sub-section (1) and
sub-section (3) ;
|
|
|
|
|
(9) |
in Schedule C,-
|
|
|
|
|
|
(a) |
for the words "the Bombay Municipal
Corporation Act" the words "the Mumbai Municipal
Corporation Act" shall be substituted;
|
|
|
|
|
|
(b) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
(10) |
in Schedule E,-
|
|
|
|
|
|
(a) |
for the words "Greater Bombay" words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
|
(b) |
for the words" Bombay Municipal Corporation
Act" the words "Mumbai Municipal Corporation Act"
shall be substituted;
|
|
|
|
|
(11) |
in Schedule F,-
|
|
|
|
|
|
(a) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
|
(b) |
for the words "Bombay Municipal Corporation
Act" the words "Mumbai Municipal Corporation Act"
shall be substituted;
|
|
|
|
|
(12) |
in Schedule I, for the words "Greater Bombay"
the words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(13) |
in Schedule 3, for the words "Greater Bombay"
the words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(14) |
in Schedule N, for the words "Greater Bombay"
the words "Greater Mumbai" shall be substituted;
|
|
|
|
|
(15) |
in Schedule O,-
|
|
|
|
|
|
(a) |
for the words "BOMBAY MUNICIPAL CORPORATION"
the words "MUMBAI MUNICIPAL CORPORATION" shall be
substituted;
|
|
|
|
|
|
(b) |
for the "GREATER BOMBAY" the words
"BRIHAN MUMBAI" shall be substituted;
|
|
|
|
|
|
(c) |
for the words "Bombay" wherever it
occurs the words, "Mumbai" shall be substituted;
|
|
|
|
|
(16) |
in Schedule P, -
|
|
|
|
|
|
(a) |
for the words "THE MUNICIPAL COMMISSIONER,
BOMBAY" the words "THE MUNICIPAL COMMISSIONER, MUMBAI"
shall be substituted;
|
|
|
|
|
|
(b) |
for the words "Bombay Municipality" the
words "Mumbai Municipality" shall be substituted;
|
|
|
|
|
(17) |
in Schedule U, - for the word "BOMBAY" the word
"MUMBAI" shall be substituted;
|
|
|
|
|
(18) |
in Schedule FF, -
|
|
|
|
|
|
(a) |
for the words "Bombay Municipal Corporation
Act" wherever they appear the words "Mumbai Municipal
Corporation" shall be substituted;
|
|
|
|
|
|
(b) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
(19) |
in Schedule FFA-
|
|
|
|
|
|
(a) |
for the words "Bombay Municipal Corporation
Act" the words "Mumbai Municipal Corporation Act"
shall be substituted;
|
|
|
|
|
| (b) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
(20) |
in Schedule GG,- for the words "Greater
Bombay" the Words "Brihan Mumbai" shall be
substituted;
|
|
|
|
|
(21) |
in Schedule HH,- for the words "Greater
Bombay" the Words "Brihan Mumbai" shall be
substituted;
|
|
(2) |
The Bombay Metropolitan Region Development Authority Act,
1974. (Maharashtra IV of 1975).
|
1.
|
In the long title,-
|
|
|
|
|
(a) |
for the words ""Greater Bombay" the
words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(b) |
for the words "Bombay Metropolitan Region"
the words "Mumbai Metropolitan Region" shall be
substituted;
|
|
|
|
2.
|
In the preamble,-
|
|
|
|
|
(a) |
for the words ""Greater Bombay" the
words "Brihan Mumbai" shall be substituted;
|
|
|
|
|
(b) |
for the words "Bombay Metropolitan Region"
the words "Mumbai Metropolitan Region" shall be
substituted;
|
|
|
|
3.
|
In section 1, in sub-section (1) , for the words
and figures "Bombay Metropolitan Region Development
Authority Act, 1974" the words "the Mumbai
Metropolitan Development Authority Act, 1974" shall be
substituted.
|
|
|
|
4.
|
In section 2,-
|
|
|
|
|
(a) |
in clause (b) , for the words "Bombay
Metropolitan Region" in both the places where they occur,
the words "Mumbai Metropolitan Region" shall be
substituted;
|
|
|
|
|
(b) |
in clause (f) , for the words "the Bombay
Metropolitan Region" the words "Mumbai Metropolitan
Region" shall be substituted.
|
|
|
|
5.
|
In section 3,-
|
|
|
|
|
(a) |
in sub-section (1) , for the words "Bombay
Metropolitan Region Development Authority" shall be
substituted;
|
|
|
|
|
(b) |
in the marginal note, for the words "Bombay
Metropolitan Region Development Authority" the words
"Mumbai Metropolitan, Region Development Authority"
shall be substituted.
|
|
|
|
6.
|
In section 4, in sub-section (1) ,-
|
|
|
|
|
(a) |
for the words "Mayor of Bombay" the
words "Mayor of Mumbai" shall be substituted;
|
|
|
|
|
(b) |
for the words "Greater Bombay" in both
the places wherever they occur, the words "Brihan Mumbai"
shall be substituted;
|
|
|
|
|
(c) |
for the worlds "Bombay Metropolitan Region"
the words "Mumbai Metropolitan Region" shall be
substituted.
|
|
|
|
7.
|
In section 7-
|
|
|
|
|
(a) |
in sub-section (1) , in clause (v), for the words
"Bombay Municipal Corporation" the words "Mumbai
Municipal Corporation" shall be substituted;
|
|
|
|
|
(b) |
in sub-section (3) , in clause (v), for the words
"the Bombay Metropolitan Region Development Fund" the
words "Mumbai Metropolitan Region Development Fund"
shall be substituted.
|
|
|
|
8.
|
In section 12, in sub-section (1) , in clause
(i) , for the words "the Bombay Metropolitan Region
Development Fund" the words "the Mumbai Metropolitan
Region Development Fund" shall be substituted;
|
|
|
|
9.
|
In section 17,-
|
|
|
|
|
(a) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted;
|
|
|
|
|
(b) |
for the words "Bombay Municipal Corporation
Act" the words "Mumbai Municipal Corporation Act,"
shall be substituted;
|
|
|
|
|
(c) |
in the marginal note, for the words "Bombay
Municipal Corporation" the words "Mumbai Municipal
Corporation" shall be substituted;
|
|
|
|
10.
|
In section 18, in sub-section (1) , for the words
"the Bombay Metropolitan Region Development Fund" the
words "the Mumbai Metropolitan Region Development Fund"
shall be substituted;
|
|
|
|
11.
|
In section 18A in sub-section (1) , for the words
"the Bombay Metropolitan Region Development fund" the
words "the Mumbai Metropolitan Region Development Fund"
shall be substituted.
|
|
|
|
12.
|
In section 21A for the words "the Bombay
Municipal Corporation Act, the words "the Mumbai
Corporation Act" shall be substituted.
|
|
|
|
13.
|
In section 24A for the words "Bombay
Metropolitan Region Development Fund" the words "the
Mumbai Metropolitan Region Development Fund" shall be
substituted.
|
|
|
|
14.
|
In section 25, in sub-section (1) , for the words
"Bombay Metropolitan Region" the words "Mumbai
Metropolitan Region" shall be substituted.
|
|
|
|
15.
|
In section 35, in sub-section (1) , for the words
"Greater Bombay" the words "Brihan Mumbai"
shall be substituted.
|
|
|
|
16.
|
In section 37, in sub-section (2) , for the words
"Greater Bombay" the words "Brihan Mumbai' shall
be substituted.
|
|
|
|
17.
|
In section 42, in sub-section (1) for the words
"Greater Bombay" the words "Brihan Mumbai"
shall be substituted.
|
|
|
|
18.
|
In section 43, in the Explanation, for the words
"the Bombay Municipal Corporation Act" the words "the
Mumbai Municipal Corporation Act" shall be Substituted.
|
|
|
|
19.
|
In Schedule I,-
|
|
|
|
|
(a) |
For the words "the Bombay Metropolitan
Region" the words "the Mumbai Metropolitan Region
"shall be substituted;
|
|
|
|
|
(b) |
For the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted.
|
|
|
|
20.
|
In Schedule II.-
|
|
|
|
|
(a) |
In Entry I,-
|
|
|
|
|
| (i) |
for the words "the Bombay Metropolitan Region
Development Authority" the words "the Mumbai
Metropolitan Region Development Authority" shall be
substituted;
|
|
|
|
|
|
(ii) |
for the words and figures "the Bombay
Metropolitan Region Development Authority Act, 1974" the
words 'the Mumbai Metropolitan Region Development Authority Act,
1974" shall be substituted.
|
|
|
|
|
(b) |
In Entry III,-
|
|
|
|
|
|
(i) |
for the words "the Bombay Metropolitan Region
Development Authority" the words "the Mumbai
Metropolitan Region Development Authority' shall be substituted;
|
|
|
|
|
|
(ii) |
for the words and figures "the Bombay
Metropolitan Region Development Authority Act, 1974" the
words "the Mumbai Metropolitan Region Development Authority
Act, 1974" shall be substituted.
|
|
(3) |
The Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977).
|
1.
|
Throughout the Act, for the words "Greater
Bombay" wherever they occur, the words "Brihan
Mumbai'" shall be substituted.
|
|
|
|
2.
|
In section 2,-
|
|
|
|
|
(a) |
in clause (7) , for the words "the Bombay
Municipal Corporation Act" the words "the Mumbai
Municipal Corporation Act" shall be substituted;
|
|
|
|
|
(b) |
in clause (19) , for the words and figures "the
Bombay Metropolitan Region Development Authority Act, 1974"
the words "the Mumbai Metropolitan Region Development
Authority Act, 1974" shall be substituted;
|
|
|
|
|
(c) |
in clause (20) , for the words "the Bombay
Metropolitan Region Development Authority" the words "the
Mumbai Metropolitan Region Development Authority" shall be
substituted;
|
|
|
|
|
(d) |
in clause (32) , in sub-clause (a), for the words
"the Bombay Municipal Corporation Act", the words "the
Mumbai Municipal Corporation Act" shall be substituted.
|
|
|
|
3.
|
In section 18,-
|
|
|
|
|
(a) |
in sub-section (1) ,-
|
|
|
|
|
|
(I) |
in clause (a) , in the Table,-
|
|
|
|
|
|
(A) |
for the words "the Bombay Housing and Area
Development Board" the words "the Mumbai Housing and
Area Development Board" shall be substituted;
|
|
|
|
|
|
(B) |
for the words "the City of Bombay" the
words "the City of Mumbai" shall be substituted;
|
|
|
|
|
|
(C) |
for the words "The Bombay Suburban" the
words "The Mumbai Suburban" shall be substituted;
|
|
|
|
|
|
(II) |
In clause (c) ,-
|
|
|
|
|
|
(A) |
for the words "The Bombay Repairs and
Reconstruction Board" the words "The Mumbai Repairs
and Reconstruction Board" shall be substituted;
|
|
|
|
|
|
(B) |
for the words "The City of Bombay" in
both the places where they occur, the words "The City of
Mumbai" shall be substituted;
|
|
|
|
|
|
(C) |
for the words "The Bombay Suburban" the
words "The Mumbai Suburban" shall be substituted;
|
|
|
|
|
|
(D) |
for the words "The Bombay Slum Improvement
Board" the words "The Mumbai Slum Improvement Board"
shall be substituted;
|
|
|
|
|
(b) |
In clause (10) , for the words "The Bombay
Repairs and Reconstruction Board" the words "The
Mumbai Repairs and Reconstruction Board" shall be
substituted.
|
|
|
|
4.
|
In Section 29, in sub-section (2) , -
|
|
|
|
|
(a) |
for the words "the Bombay Housing and Area
Development Board" the words "The Mumbai Housing and
Area Development Board" shall be substituted;
|
|
|
|
|
(b) |
for the words "The Bombay Repairs and
Reconstruction Board" the words "The Mumbai Repairs
and Reconstruction Board" shall be substituted;
|
|
|
|
|
(c) |
for the words "The Bombay Slum Improvement
Board" the words "The Mumbai Slum Improvement Board"
shall be substituted.
|
|
|
|
5.
|
In section 35, in the Explanation, to sub-section
(1) ,
|
|
|
|
|
for the word "Bombay" the word "Mumbai"
shall be substituted.
|
|
|
|
6.
|
In section 51, in the Explanation, for the words
"The Bombay Municipal Corporation Act" the words "The
Mumbai Municipal Corporation Act" shall be substituted.
|
|
|
|
7.
|
In section 74, for the words "The Bombay
Repairs and Reconstruction Board" the wards- "The
Mumbai Repairs and Reconstruction Boards” shall be
substituted.
|
|
|
|
8.
|
In section 81. for the words "the Bombay
Corporation" the words "the Mumbai Corporation"
shall be substituted.
|
|
|
|
9.
|
For the heading "Bombay Building Repairs and
Reconstruction Cess" appearing after section 81,the heading
"Mumbai Building Repairs and Reconstruction Cess"
shall be substituted.
|
|
|
|
10.
|
In section 82,-
|
|
|
|
|
(a) |
in sub-section (1) , for the words "the Bombay
Building Repairs and Reconstruction Cess" the words "the
Mumbai Repairs and Reconstruction Cess" shall be
substituted;
|
|
|
|
|
(b) |
in sub-section (2) ,-
|
|
|
|
|
|
(i) |
for the words "the Bombay Corporation"
the words "the Mumbai Corporation Act" shall be
substituted:
|
|
|
|
|
|
(ii) |
for the words "the Bombay Municipal
Corporation Act" the words "the Mumbai Municipal
Corporation Act" shall be substituted;
|
|
|
|
|
(c) |
in sub-section (4) , for the words "the Bombay
Corporation" the words "the Mumbai Corporation"
shall be substituted;
|
|
|
|
|
(d) |
in sub-section (5) , for the words "the Bombay
Corporation" in both the places where they occur the words
"the Mumbai Corporation" shall be substituted;
|
|
|
|
|
(e) |
in the marginal note, for the words "Bombay
Building Repirs and Reconstruction Cess" the words "Mumbai
Building Repairs and Reconstruction Cess" shall be
substituted.
|
|
|
|
11.
|
In section 83. for the words "the Bombay
Corporation", wherever they occur, the words "the
Mumbai Corporation" shall be substituted.
|
|
|
|
12.
|
In section 85,-
|
|
|
|
|
(a) |
In sub-section (2) , for the words "Bombay
Corporation", in both the places where they occur, the
words " Mumbai Corporation" shall be substituted;
|
|
|
|
|
(b) |
In the marginal note, for the words "Bombay
Corporation" the words "Mumbai Corporation" shall
be substituted.
|
|
|
|
13.
|
In section 86,-
|
|
|
|
|
(a) |
in sub-section (1) ,-
|
|
|
|
|
|
(i) |
for the words "Bombay Corporation" the
words "Mumbai Corporation" shall be substituted;
|
|
|
|
|
|
(ii) |
for the words "the Bombay Building Repairs
and Reconstruction Fund" the words "the Mumbai
Building Repairs and Reconstruction Fund" shall be
substituted;
|
|
|
|
|
(b) |
in the marginal note, for the words "Bombay
Building Repairs and Reconstruction Fund" the words "Mumbai
Building Repairs and Reconstruction Fund" shall be
substituted.
|
|
|
|
14.
|
In section 87,-
|
|
|
|
|
(a) |
for the words "Bombay Corporation",
wherever they occur, the words "Mumbai Corporation"
shall be substituted.
|
|
|
|
|
(b) |
in the marginal note, for the words "Bombay
Corporation" the words "Mumbai Corporation" shall
be substituted.
|
|
|
|
15.
|
In section 91, in sub-section (5) , for the words
"the Bombay Corporation", the words "the Mumbai
Corporation" shall be substituted.
|
|
|
|
16.
|
In section 92, in sub-section (1) , for the words
"the Bombay Corporation" the words "the Mumbai
Corporation" shall be substituted.
|
|
|
|
17.
|
In section 93 in sub-section (3) , for the words
"Greater Bombay" the words "Brihan Mumbai"
shall be substituted.
|
|
|
|
18.
|
In section 97 (including in the marginal note for
the words "Bombay Corporation" the words "Mumbai
Corporation" shall be substituted.
|
|
|
|
19.
|
In section 99, -
|
|
|
|
|
(a) |
for the words "Bombay Corporation"
wherever they occur, the words "Mumbai Corporation"
shall be substituted;
|
|
|
|
|
(b) |
in the marginal note for the words, "Bombay
Corporation" the words "Mumbai Corporation" shall
be substituted.
|
|
|
|
20.
|
In section 100, for the words "the Bombay
Corporation" the words "the Mumbai Corporation"
shall be substituted.
|
|
|
|
21.
|
In section 103K, in sub-section (1) , for the words
"The Bombay Repairs and Reconstruction Board" the
words "The Mumbai Repairs and Reconstruction Board"
shall be substituted.
|
|
|
|
22.
|
In section 104, in sub-section (1) ,-
|
|
|
|
|
(a) |
for the words "The Bombay Housing and Area
Development Board" the words "the Mumbai Slum
Improvement Board" shall be substituted
|
|
|
|
|
(b) |
for the words "the Bombay Slum Improvement
Board" the word "the Mumbai Slum Improvement"
shall be substituted.
|
|
|
|
23.
|
In section 106, in the marginal note for the words
"Bombay Corporation" the words "Mumbai
Corporation" shall be substituted.
|
|
|
|
24.
|
24. In section 184, in sub-section (2) in clause
(xv) , for the words "the Bombay Building Repairs and
Reconstruction Fund" the words "the Mumbai Building
Repairs and Reconstruction Fund" shall be substituted.
|
|
(4) |
The Bombay Metropolitan Region Specified Commodities Markets
(Regulation of Location) Act, 1983. (Maharashtra XLII of 1983).
|
1.
|
In the long title, for the words "the Bombay
Metropolitan Region" the words "the Mumbai
Metropolitan Region" shall be substituted.
|
|
|
|
2.
|
In the preamble,-
|
|
|
|
|
(a) |
In the first paragraph,-
|
|
|
|
|
|
(i) |
for the words "the Bombay Metropolitan Region
Development Authority" the words "the Mumbai
Metropolitan Region Development Authority" shall be
substituted.
|
|
|
|
|
|
(ii) |
for the words and figures "the Bombay
Metropolitan Region Development Authority Act, 1974" the
words "the Mumbai Metropolitan Region Development Authority
Act, 1974" shall be substituted.
|
|
|
|
|
(b) |
In the second paragraph -
|
|
|
|
|
|
(i) |
for the words "Greater Bombay" the words
"Brihan Mumbai" shall be substituted:
|
|
|
|
|
|
(ii) |
for the words "South Bombay" in both the
places where they occur, the words "South Mumbai"
shall be substituted;
|
|
|
|
|
(c) |
in the third paragraph, for the words "New
Bombay", the words "Navi Mumbai;", shall be
substituted.
|
|
|
|
3.
|
In section 1,-
|
|
|
|
|
(a) |
in sub-section (1) , for the words, brackets and
figures "the Bombay Metropolitan Region Specified
Commodities Markets (Regulation of Location) Act, 1983" the
words and brackets "the Mumbai Metropolitan Region
Specified Commodities Markets (Regulation of Location) Act,
1983" shall be substituted;
|
|
|
|
|
(b) |
in sub-section (2) ,-
|
|
|
|
|
|
(i) |
for the words "the Bombay Metropolitan
Region" the words "the Mumbai Metropolitan Region"
shall be substituted;
|
|
|
|
|
|
(ii) |
for the words and figures "the Bombay
Metropolitan Region Development Authority Act, 1974" the
words "the Mumbai Metropolitan Region Development Authority
Act, 1974 shall be substituted.
|
|
|
|
|
(c) |
in sub-section (3) , for the words "Greater
Bombay" the words "Brihan Mumbai" shall be
substituted;
|
|
|
|
|
(d) |
in sub-section (4) , in clause (a), for the words
"Greater Bombay" the words "Brihan Mumbai"
shall be substituted.
|
|
|
|
4.
|
In section 2,-
|
|
|
|
|
(a) |
in clause (1) ,-
|
|
|
|
|
|
(i) |
for the words "the Bombay Metropolitan Region
Development Authority" the words "the Mumbai
Metropolitan Region Development Authority" shall be
substituted.
|
|
|
|
|
|
(ii) |
for the words and figures "the Bombay
Metropolitan Region Development Authority Act, 1974" the
words "the Mumbai Metropolitan Region Development Authority
Act, 1974" shall be substituted;
|
|
|
|
|
(b) |
in clause (9) , for the words and figures "the
Bombay Metropolitan Region Development Authority Act, 1974"
the words "the Mumbai Metropolitan Region Development
Authority Act, 1974" shall be substituted;
|
|
|
|
|
(c) |
in clause (9) , for the words and figures "the
Bombay Metropolitan Region Development Authority Act, 1974"
the words "the Mumbai Metropolitan Region Development
Authority Act, 1974" shall be substituted;
|
|
|
|
5.
|
In section 47, in sub-section (2) , for the words
and figures "the Bombay Metropolitan Region Development
Authority Act, 1974" the words "the Mumbai
Metropolitan Region Development Authority Act, 1974" shall
be substituted;
|
|
(5) |
The Maharashtra University Act, 1994. (Maharashtra XXXV of
1994).
|
|
In the Schedule in Part I, in entry 1,-
|
|
|
|
|
(a) |
in columns (1) and (2), for the words "the
University of Bombay" the words "the University of
Mumbai" shall be substituted;
|
|
|
|
|
(b) |
in column (3) ,-
|
|
|
|
|
|
(i) |
for the words "City of Bombay" the words
"City of Mumbai" shall be substituted;
|
|
|
|
|
|
(ii) |
for the words "Bombay Suburban" the
words "Mumbai Suburban" shall be substituted.
|
|
65b9b71aab84c7eca86e9b5c | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Kasar Bhom Abolition Rules, 1961
------------------------------------------------
RAJASTHAN
India
The Rajasthan Kasar Bhom Abolition Rules, 1961
================================================
Rule THE-RAJASTHAN-KASAR-BHOM-ABOLITION-RULES-1961 of 1961
------------------------------------------------------------
* Published on 1 December 1961
* Commenced on 1 December 1961
The Rajasthan Kasar Bhom Abolition Rules, 1961
Published vide Notification No. F. 5(77) Revenue/B/58, dated 1-12-1961, published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 4-12-61
In exercise of the powers conferred by section 5 of the Rajasthan Kasar Bhom Abolition Act, 1961 (Raj Act 45 of 1961), the State Government hereby makes the following rules, namely:-
### 1. Short title & Commencement.
(1) These rules may be called the Rajasthan Kasar Bhom Abolition Rules, 1961.
(2) They shall come into force at once.
### 2. Interpretation.
- In these rules, unless the subject or context otherwise requires-
(i) "Act" means the Rajasthan Kasar Bhom Abolition Act, 1961 (Rajasthan Act
35 of 1961
);
(ii) "Form" means a form appended to these rules;
(iii) "section" means a section of the Act;
(iv) words and expressions used in these rules and not defined in the Act or in these rules shall have the meanings assigned to them by the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
### 3. Complition of Kasar Khwars.
- Immediately on the publication of these rules, and in any case within one month thereof, the Tehsildars of the Tehsils containing the villages in which 'Kasar Khwars', as defined in clause (i) of section 2 of the Act, reside, shall cause to be prepared an accurate and up-to-date list in Form 'A', of all persons, who were entitled to receive Kasar Bhom for the year ending on the 31st day of December, 1960. Such list shall be complied on the basis of the old lists of kasar khwar bhomias' of the Tehsil and old 'kharas' and other Tehsil records, and, where 'settlement parchas' for the payment of kasar bhom were distributed by the Settlement Department and the record thereof is available in Tehsil, on the basis of such record.
### 4. Proclamation inviting applications for compensation.
(1) Immediately after the compilation of the list referred to in the preceding rule, and in any case within one month of the commencement of these rules, each Tehsildar shall issue a proclamation inviting applications for 'Kasar Khwars' for the payment of the compensation to which they are entitled under section 3 of the Act.
(2) The proclamation shall be in Form 'B' and shall be published by pasting copies thereof on the notice board of the Tehsil and on the notice board of the Village Panchayat and at some place of public resort in the village: and the proclamation shall be further published by beat of drum in the villages concerned.
### 5. Form of application for Compensation.
- An application by a 'Kasar Khwar' for the payment of compensation shall be in Form 'C' and shall be submitted in duplicate to the Tehsil in which the 'kasar khwar' resides, within one month of the publication of the proclamation referred to in rules 4:
Provided that the Tehsildar may entertain an application after the period prescribed in this rule if he is satisfied that the 'Kasar Khwar' was prevented by sufficient cause from submitting the application within the prescribed time:
Provided further that if a 'kasar khwar' is unable to file his application in the prescribed form, the Tehsildar shall, on his request, get the kasar khwar's claim prepared for him.
### 6. Determination of Compensation.
(1) On receipt of an application under rule 5, the Tehsildar shall verify the particulars given therein by reference to the list of 'kasar khwar bhomias' prepared under rule 3 and see whether the applicant's name appears in the list and the amount of Kasar Bhom payable according to the list tallies with that mentioned in the application; and the Tehsildar shall also look up the old Tehsil Kharas and verify the payment of Kasar bhom to t he applicant in the past and also see the 'settlement parcha', if any, possessed by the applicant.
(2) After satisfying himself by verification as indicated above, and by such further inquiry, if any as he may deem necessary, the tehsildar shall pass an order, in Part II of Form 'C', determining the amount of compensation.
Form 'A'
(See Rule 3)
List of Kasar Khwar Bhomias
### 1. Name of Tehsil with name of District. ###
2. Date of compilation of list.
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name of Village
|
Name of Kasar Khwar Bhomia with parentage, age,
if known, and address
|
Amount of Kasar Bhom payable to him for the
ending on 31-12 1960.
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Date on which Kasar Bhom was last paid to him
with particulars of the year for which paid; amount paid with
particulars of Ledger/Cashbook in which entered.
|
Remarks
|
(In this column enter reference to settlement
parcha for Kasar Bhom if any, and other evidence on the basis of
which the entry has been made).
|
|
5
|
6
|
7
|
|
|
|
|
Form 'B'
(See Rule 4)
Proclamation under rule 4 of the Rajasthan Kasar Bhom Abolition Rules, 1961
Whereas the Rajasthan Kasar Bhom Abolition Act. 1961 (Rajasthan Act
35 of 1961
) which provides for the abolition of Kasar Bhom in the State of Rajasthan came into force from the 14th day of November, 1961;
And whereas, by virtue of section 3 of the said Act, all Kasar Bhom rights stand abolished as from the first day of January, 1961 and all payments on account of such rights have been discontinued as from such date, and the Kasar Khwars have been released from the liability to render any service in lieu of the Kasar Bhom;
And whereas, under section 3 of the said Act, compensation is payable to every Kasar Khwar whose Kasar Bhom rights stand abolished, at an amount equal to five times the total amount of Kasar Bhom payable to him for the year ending on the 31st day of December, 1960 in three yearly installments, the first of such installments being payable on the first January, 1962; and the compensation payable under the said Act shall carry interest at the rate of 2, ½ percent per annum from the date of abolition till the date of payment:
Now, therefore, in pursuance of sub-section (2) of section 3 of the said Act and of rule 4 of the Rajasthan Kasar Bhom Abolition Rules, 1961, this Proclamation is hereby made directing every Kasar Khwar, who considers himself entitled to compensation under the said Act to submit his application for compensation in Form 'C' within one month of the publication of this proclamation.
| | |
| --- | --- |
|
Seal of tehsil
|
Signature of Tehsildar of
|
|
Date............
|
Tehsil.................
|
Form 'C'
(See Rule 5)
Part I – Application under Rule 5 of the Rajasthan Kasar Bhom Abolition Rules 1961 for the payment of compensation for the abolition of kasar Bhom rights.
------------------------------------------------------------------------------------------------------------------------------------------------------------
To
The Tehsildar,
Tehsil
District
| | | |
| --- | --- | --- |
|
1.
|
Name of village, with name of Tehsil and name of district.
|
......................
|
|
2.
|
Name of Kasar Khwar Bhomia (applicant) Parentage, Age; full
address.
|
......................
|
|
3.
|
Amount of Kasar Bhom that was payable to him on the 31st
December, 1960.
|
Rs. nP. .....................
|
|
4.
|
Last date on which applicant received payment of Kasar Bhom
from the Tehsil and amount received.
|
......................
|
|
5.
|
Evidence in support of the applicant being a kasar khwar;
|
......................
|
|
|
(i) |
No. and date of settlement parcha for Kasar Bhom if any
possessed by him (to be produced for the inspection of the
Tehsildar at the time of verification).
|
|
|
|
(ii) |
Entry in the Tehsil kharas Ledger or Cashbook or some other
record of payment of Kasar Bhom to the applicant in the past.
|
|
|
|
(iii) |
Other documentary evidence if any (particulars to be given)
|
|
|
|
(iv) |
Name of Lambardar/Patwari or some other responsible person,
who would verify applicant's claim of being a kasar khwar and the
amount of Kasar Bhom payable to him.
|
|
|
6.
|
Total amount of compensation claimed by applicant (amount of
Kasar Bhom payable for the year ending on the 31st December, 1960
multiplied by five).
|
......................
|
Signature.....
Date........
Verification
I solemnly verify that the particulars given above are correct to the best of my knowledge and belief and that 1 have stated the Truth and have not suppressed or concealed anything.
Date........
Signature........
Witness..........
Form 'C'
Part II – Determination of compensation by Tehsildar
------------------------------------------------------
I ..............Tehsildar of........... having satisfied myself by verification of the particulars given in Part I of this Form in the manner indicated in sub-rule (1) of rule 6 viz., by a reference to the list of kasar khwar bhomias/ settlement parchas of Kasar Bhom/local enquiry or otherwise that the particulars are correct and the applicant was a kasar khwar, I hereby declare Shri.................... S/o.............. of village................... Tehsil................. to be entitled to the following amount of compensation under section 3 of Rajasthan Act
35 of 1961
.
Amount of Kasar Bhom payable to him for the year ending on 31st December, 1960, Rs ......nP .......... multiplied by five equal to Rs..........nP........
I hereby direct that the total compensation of Rs........ nP....... shall be paid in cash to the said Shri.........as shown hereafter.
On the 1st of January, 1962:-
| | | | |
| --- | --- | --- | --- |
|
First installment of compensation
|
Interest @ 2 ½% from 1-1-61 to.....
|
Total of Cols. 1 & 2
|
Acknowledgment by applicant
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
On the 1st of January, 1963:-
| | | | |
| --- | --- | --- | --- |
|
Second installment of compensation
|
Interest @ 2 ½% from 1-1-61 to.....
|
Total of Cols. 1 & 2
|
Acknowledgment by applicant
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
On the 1st of January, 1964:-
| | | | |
| --- | --- | --- | --- |
|
Third installment of compensation
|
Interest @ 2 ½% from 1-1-61 to.....
|
Total of Cols. 1 & 2
|
Acknowledgment by applicant
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
I also direct that duplicate copy of this order be given to the said Shri.............to keep with him and to produce it at the time of receiving the installments of compensation and interest if any.
| | |
| --- | --- |
|
Seal of Tehsil
|
Signature of Tehsildar......
|
|
|
Date.........
|
|
65b9b2d4ab84c7eca86e9a5e | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019
-------------------------------------------------------------------------------------------------------
RAJASTHAN
India
Rajasthan Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019
=======================================================================================================
Act 14 of 2019
----------------
* Published on 17 July 2019
* Commenced on 17 July 2019
Rajasthan Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019
(Act
No. 14 of 2019
)
Last Updated 27th September, 2019
[Dated 17.7.2019]
An Act to provide for exemption from certain approvals and inspections for establishment and operation of the micro, small and medium enterprises in Rajasthan and matters connected therewith or incidental thereto.
Whereas, with a view to promote inclusive economic growth and employment generation, the State aims to address the specific needs of the micro, small and medium enterprises and promote entrepreneurship, it is expedient to give effect to exemption from certain approvals and inspections required for establishment and operation of micro, small and medium enterprises;
Be it enacted by the Rajasthan State Legislature in the Seventieth Year of the Republic of India, as follows: -
### 1. Short title, extent and commencement.
(1) This Act may be called the Rajasthan Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on and from 4thMarch,2019.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Acknowledgment Certificate" means the acknowledgment certificate issued under section 5;
(b) "approval" means any permission, no-objection, clearance, consent, approval, registration, licence and the like, required under any Rajasthan Law in connection with the establishment or operation of an enterprise in the State of Rajasthan;
(c) "Competent Authority" means any department or agency of the Government or a local authority, statutory body, State owned corporation, Panchayati Raj Institution, Municipality, Urban Development Authorities, Urban Improvement trust or any other authority or agency constituted or established by or under any Rajasthan Law or under administrative control of the Government, which is entrusted with the powers or responsibilities to grant or issue approval for establishment or operation of an enterprise in the State;
(d) "District Empowered Committee (DEC)" means the District Empowered Committee constituted under section 3 of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act
No. 7 of 2011
);
(e) "enterprise" means a micro, small or medium enterprise;
(f) "Government" means the State Government of Rajasthan;
(g) "micro, small or medium enterprise" means the Micro, Small or Medium Enterprises, as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act No. 27 of 2006), as amended from time to time;
(h) "nodal agency" means the nodal agency referred to in section 3;
(i) "notification" means a notification published in the Rajasthan Gazette and the word 'notified' shall be construed accordingly;
(j) "prescribed" means prescribed by the rules made under this Act;
(k) "State" means the State of Rajasthan; and
(l) "State Empowered Committee (SEC)" means the State Empowered Committee constituted under section 3 of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act
No. 7 of 2011
).
### 3. Nodal Agency.
(1) Subject to superintendence, direction and control of the Government and the State Empowered Committee, Bureau of Investment Promotion shall be the State level Nodal Agency for the purpose of this Act.
(2) Subject to superintendence, direction and control of the Government and the District Empowered Committee, District Industries Centre shall be the District level Nodal Agency for the purpose of this Act.
### 4. Powers and functions of nodal agencies.
(1) Subject to the superintendence, direction and control of the Government, the powers and functions of the nodal agencies shall be as follows: -
(a) to assist and facilitate establishment of enterprises in the State; and
(b) to maintain the record of Declaration of Intent received and Acknowledgement Certificate issued under this Act.
(2) The Government may assign such other powers and functions to the nodal agencies as it may deem fit for giving effect to the provisions of this Act.
### 5. Filing of Declaration.
(1) Any person who intends to start an enterprise may furnish to the State level nodal agency a declaration of intent to start an enterprise in such form and in such manner as may be prescribed.
Explanation. - Any person who has moved the Competent Authority to so obtain all or any of the approvals as defined in clause (b) of section 2 before the commencement of this Act may also opt to furnish Declaration of Intent to start an enterprise under this sub-section.
(2) On receipt of a declaration completed in all respects, the State level nodal agency shall, forthwith, issue an Acknowledgment Certificate, in the prescribed form, to the person who furnished the declaration under sub-section (1).
### 6. Effect of the Acknowledgement Certificate.
(1) An Acknowledgment Certificate issued under section 5 shall, for all purposes, have effect as if it is an approval as defined in clause (b) of section 2,for a period of three years from the date of its issuance and after the expiry of the said period of three years, the enterprise shall have to obtain required approvals as defined in clause (b) of section 2 within six months from the date of such expiry:
Provided that the Acknowledgement Certificate shall not entitle a person to use a land in deviation to the land use specified in the master plan wherever such plan is in force. It shall also not entitle a person to use the land falling in restricted category namely pasture land, water body, etc. as specified in section 16 of the Rajasthan Tenancy Act, 1955 (Act
No.3 of 1955
).
(2) During the period of three years specified in sub-section (1), no competent authority shall undertake any inspection for the purpose of, or in connection with, any approval as defined in clause (b) of section 2.
### 7. Exemption.
- Where the Government or any authority under it is empowered to exempt any enterprises from any approval or inspection or any provisions relating thereto under any Central Act, the Government or, as the case may be, any such authority shall, subject to the provisions of such Central Act, exercise such powers to grant such exemption to an enterprise established in the State for at least a period of three years from the date of issue of the Acknowledgement Certificate under section 5.
### 8. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Government or Nodal Agency or Competent Authority or any employee of the Government, Nodal Agency or Competent Authority for anything which, in good faith, is done or intended to be done under this Act or any rules made thereunder.
### 9. Act to override other laws.
(1) The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other Rajasthan law, for the time being in force.
(2) In particular and without prejudice to the generality of the foregoing provisions of this Act, such provisions shall have effect notwithstanding anything inconsistent therewith contained in the following enactments and the provisions of these enactments shall be read as amended in conformity with the provisions of this Act, namely: -
(a) Rajasthan Tenancy Act, 1955 (Act
No. 3 of 1955
);
(b) Rajasthan Land Revenue Act, 1956 (Act
No. 15 of 1956
);
(c) Rajasthan Urban Improvement Act, 1959 (Act
No. 35 of 1959
);
(d) Rajasthan Gramdan Act, 1971 (Act
No. 12 of 1971
);
(e) Jaipur Development Authority Act, 1982 (Act
No. 25 of 1982
);
(f) Rajasthan Panchayati Raj Act, 1994 (Act
No. 13 of 1994
);
(g) Rajasthan Municipalities Act, 2009 (Act
No. 18 of 2009
);
(h) Jodhpur Development Authority Act, 2009 (Act
No. 2 of 2009
); and
(i) Ajmer Development Authority Act, 2013 (Act
No. 39 of 2013
).
### 10. Savings.
- Subject to the provisions of section 7, nothing in this Act shall be construed as exempting any enterprise from the application of the provisions of any law for the time being in force, or any regulatory measures and standards prescribed thereunder, except to the extent expressly provided in this Act.
### 11. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:
Provided that no such order under this section shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before the House of the State Legislature.
### 12. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period not less than fourteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of session immediately following, the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such rules shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
### 13. Repeal and savings.
(1) The Rajasthan Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Ordinance, 2019 (Ordinance No. 1 of 2019) is hereby repealed.
(2) Notwithstanding such repeal and without prejudice to the provisions of the Rajasthan General Clauses Act, 1955 (Act
No. 8 of 1955
), all things done, actions taken or orders made under the said Ordinance shall be deemed to have been done, taken or made under this Act.
|
65b9cfa2ab84c7eca86ea0b1 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Paramedical Council (Maintenance, Publication and Revision of Register and Appeal) Rules, 2001
---------------------------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. Paramedical Council (Maintenance, Publication and Revision of Register and Appeal) Rules, 2001
=========================================================================================================
Rule THE-M-P-PARAMEDICAL-COUNCIL-MAINTENANCE-PUBLICATION-AND-REVISION-OF-REGISTER-AND-APPEAL-RULES-2001 of 2001
-----------------------------------------------------------------------------------------------------------------
* Published on 18 October 2002
* Commenced on 18 October 2002
The M.P. Paramedical Council (Maintenance, Publication and Revision of Register and Appeal) Rules, 2001
Published vide Notification No. F. 5-46-2002-55-ME-1, M.P. Rajpatra (Asadharan) , dated 18-10-2002 at pages 992 (51-55)
In exercise of the powers conferred by sub-section (1) of Section 45 read with Sections 34 and 39 of the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (No. 1 of 2001), the State Government hereby makes the following Rules, namely ;-
### 1. Short title and commencement.
(1) These rules may be called the Madhya Pradesh Paramedical Council (Maintenance, Publication and Revision of Register and Appeal) Rules, 2001.
(2) They shall come into force on the date of their publication in the "Madhya Pradesh Gazette".
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (No. 1 of 2001);
(b) "Council" means the Madhya Pradesh Paramedical Council constituted under Section 3 of the Act;
(c) "Farm" means a form appended to these rules;
(d) "Register" means the Register maintained under Sections 34 and 39 of the Act;
(e) "Section" means a Section of the Act; and
(f) "Year" means a calendar year.
### 3. State Register of Paramedical Practitioners.
(1) The Register shall be in Form I.
(2) Each page of the Register shall be verified and signed by the Registrar.
(3) Any change in the address of the enrolled Practitioner shall be communicated by such Practitioner to the Registrar and the Registrar shall enter the changed address in the Register accordingly.
### 4. Publication of the Register.
(1) The Registrar shall revise the Register every live years and enter therein :-
(i) the number of practitioners, practitioners already enrolled;
(ii) the number of practitioner enrolled during the period of five years preceding the revision of the Register;
(iii) the names of practitioners whose names have been restored to the Register;
(iv) the number of practitioners whose names have been removed from the Register during the period five years preceding the revision of the Register stating the sub-section and section of the Act, under which the names have been removed; and
(v) the number of practitioners whose names have been removed by reason of death during the period of five years preceding the revision of the Register.
(2) The first Register shall be published in the "Madhya Pradesh Gazette" within 180 days after 3 years from the date of constitution of the first Council.
(3) The revised Register shall he published in the "Madhya Pradesh Gazette" within 180 days after completion of the period of five years preceding the revision of the Register and the enrolled practitioners adversely affected by the revision shall be informed of the adverse effects on them, by registered post.
(4) A copy of the first Register or the revised Register, as the case may be, so published, shall be affixed on the notice-board of the Council.
(5) Printed copies of the Register may he made available for sale at a price to be decided by the Council from time to time.
(6) The Registrar shall keep a printed inter leaved copy of the Register wherein he shall make, during each year, any entry, alteration or erasure that may he necessary.
### 5. Application and fees for Registration.
- The application for enrolment under sub-section (1) of Section 39 shall be in Form-II and shall be accompanied by satisfactory proof of payment of fee of Rs. 400/- and a true copy of certificate of recognised qualifications duly attested by a Magistrate or a Gazetted Officer. The applicant may also enclose attested copies of such other certificates and documents in support of his application as he may think necessary and the Registrar may also require the applicant to furnish such other certificates and testimonials or the original certificates verification of which is considered necessary.
### 6. Certificate of Registration.
- Every enrolled paramedical practitioner shall be given a certificate of enrolment in Form-III. In the event of such certificate being lost, defaced or destroyed, a duplicate thereof shall he issued by the Registrar, on payment of a fees of Rs. 25/- and the certificate so issued shall be marked duplicate.
### 7. Manner of Payment of Fee.
- The fee required to be paid under sub-section (1) of Section 39 of the Act may be paid by money order, demand draft or in cash. In case the fee is paid in cash a receipt therefor may he obtained from the Registrar.
### 8. Memorandum of Appeal.
(1) Every appeal under the Act shall.-
(a) be filled within nineteen days from the date of communication of the order against which the appeal is to be filed;
(b) be accompanied by a satisfactory proof of payment of a fee of Rs. 200.00 (Rupees Two Hundred);
(c) be in writing;
(d) specify the name and address of the appellant;
(e) specify the date of the order against which appeal is to be filed;
(f) specify the date on which the order was communicated to the appellant;
(g) contain a clear statement of facts;
(h) state precisely the relict prayed for; and
(i) be signed and certified by the applicant in the following form, namely :-
"I ....... the appellant named in the above memorandum of appeal do hereby declare that what is stated therein is true to the best of my knowledge and belief".
..................
Signature
(2) The memorandum of appeal shall be accompanied by an authenticated copy of the order against which the appeal is preferred, unless the appellant satisfies the Appellate Authority at the time of presentation of the appeal that there is good cause for omission in which case it shall be filed within such time as may be fixed by the said authority.
(3) The memorandum of appeal shall be in duplicate and shall either by presented to the Appellate Authority by the appellant or his agent or sent to such authority by registered post. When an appeal is presented by an agent duly authorised by the appellant it shall be accompanied by a duly stamped letter of authority appointing him as such.
### 9. Summary Rejection of Appeal.
(1) If the memorandum of appeal docs not comply with all or any of the requirements of Rule 8, the appeal may be summarily rejected :
Provided that no appeal shall be summarily rejected under this sub-rule, unless the appellant is given such opportunity as the Appellate Authority thinks fit to amend such memorandum of appeal so as to bring it into conformity with the requirements of rule.
(2) An appeal may also be summarily rejected on any other grounds which shall be reduced in writing by the Appellate Authority :
Provided that before passing any order rejecting an appeal under this sub-rule, appellant shall be given reasonable opportunity of being heard.
### 10. Hearing of Appeal.
(1) If the Appellate Authority does not reject the appeal summarily, it shall fix date for hearing the appellant or his duly authorised agent.
(2) The said authority may at any stage adjourn the hearing of an appeal to any other date.
(3) If on the date fixed for hearing or any other date to which the hearing is adjourned, the appellant does not appear before the said authority cither in person or through an agent duly authorised by the appellant, the said authority may dismiss the appeal or may declare it ex parte as it thinks fit.
(4) When an appeal is dismissed or decided ex parte under sub-rule (3), the appellant may, within 30 days from the date of communication of such order apply to the Appellate Authority for remission or rehearing of the appeal and if the Appellate Authority is satisfied that the appellant or an agent duly authorised was prevented by sufficient cause from appearing when the appeal was called for hearing, he may readmit or rehear the appeal upon such terms including terms as to cost and conditions as it may think fit.
(5) After hearing, the Appellate Authority shall pass the order as he thinks fit and just.
### 11. Supply of Copy of order passed in Appeal.
- A copy of the order passed in appeal shall be supplied free of cost to the appellant and another copy shall be sent to the officer whose order forms the subject matter of the appeal.
Form I
[See Rule 3 (1) ]
Madhya Pradesh Paramedical Council State Register of Paramedical Practitioners
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S.No.
|
Enrolment No.
|
Name with Father's/ Husband's name
|
Address
|
Qualifications and date when obtained with name
of University or Board
|
Fees
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
| | | | | |
| --- | --- | --- | --- | --- |
|
Age with date of birth
|
Place of practice
|
Date and place of enrolment
|
Signature of Registrar
|
Remarks
|
|
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
Form II
[See Rule 5]
Form of Application for Enrolment
To,
The Registrar,
Madhya Pradesh Paramedical Council,
Bhopal.
Sir,
I have the honour to request that my name be enrolled in the State Register of Paramedical Practitioners maintained under Section 39 of the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (No. 1 of 2001) and I may kindly be furnished with the certificate of enrolment.
### 2. The information necessary for enrolment is given below :- Copies of degree, diplomas, certificates and testimonials fully attested by a Gazetted Officer are enclosed herewith.
### 3. Rs. 400 as Registration Fee has been sent by Money Order/Bank Draft under No...............dated.......... (1) Name (in full block letters)................................................
(2) Father's/Husband's name.....................................................
(3) Address.....................................................................
### 4. Date of birth and age on the date of presenting application.................. ###
5. Place of practice :
(a) Town or village.............................................................
(b) Post Office.................................................................
(c) District....................................................................
### 6. Qualifications and date of obtaining them. ###
7. The name of college or institution from when he passed the examination..................
### 8. Date on which applicant started practice.......................... It is certified that the above given information is true and I promise that I shall abide by the rules laid down by the Madhya Pradesh Paramedical Council from time to time in respect of etiquette or practice to be observed as practitioner.
........................................
Signature of applicant.
Form III
[See Rule 6]
Madhya Pradesh Paramedical Council, Bhopal
(Seal) Certificate of Enrolment
Certificate No..................
### 1. Name ###
2. Father's/Husband's Name..................................................
### 3. Address.................................................................. ###
4. Qualifications...........................................................
### 5. Age...................................................................... ###
6. Place of practice........................................................
### 7. Date of enrolment........................................................ It is certified that this is a true copy of the entry of the above specified name in the State Register of Paramedical Practitioners maintained by the Madhya Pradesh Paramedical Council, Bhopal.
Bhopal.
..........................................
Dated........................
Registrar.
Madhya Pradesh Paramedical Council.
Bhopal.
|
65b9c5f5ab84c7eca86e9ef3 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. District and Sessions Judges (Death-cum-Retirement Benefits) Rules, 1964
-----------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. District and Sessions Judges (Death-cum-Retirement Benefits) Rules, 1964
===================================================================================
Rule THE-M-P-DISTRICT-AND-SESSIONS-JUDGES-DEATH-CUM-RETIREMENT-BENEFITS-RULES-1964 of 1964
--------------------------------------------------------------------------------------------
* Published on 20 November 1964
* Commenced on 20 November 1964
The M.P. District and Sessions Judges (Death-cum-Retirement Benefits) Rules, 1964
Published vide Notification No. 39757-3546-21-B, M.P. Rajpatra, Part 4 (Ga) , dated 20th November, 1964 at page 833
Notification No. 39757-3546-XXI-B. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Madhya Pradesh has made the above rules.
### 1. Short title.
- The rules may the called the Madhya Pradesh District and Sessions Judges (Death-Com-Retirement Benefits) Rules, 1964.
### 2. Application of the rules.
(1) Subject to the provision of sub-rule (1-A), the All-India Services (Death-cum-Retirement Benefits) Rules, 1958, as amended from time to time, (hereinafter referred to as the said rules) shall apply mutatis mutandis to-
(a) all permanent District and Sessions Judges drawn from amongst the officers of the judicial service of the former State of Madhya Pradesh in the same manner as they have hitherto applied to them with effect from 29th October, 1951, by virtue of Rule 7 (2) of the Madhya Pradesh Judicial Service (Classification, Recruitment and Conditions of Service) Rules, 1955;
(b) all permanent District and Sessions Judges in the State who are drawn from amongst, the officers of the judicial services of the former States of Madhya Bharat, Vindhya Pradesh and Bhopal with effect from 1st April, 1958, subject to the exercise of option as provided in Rule 3;
(c) all other permanent District and Sessions Judges in the State not falling within clauses (a) and (b) above.
[(1-A) With regard to the age of compulsory retirement, the permanent District and Sessions Judges shall be governed by the Madhya Pradesh (Age of Compulsory Retirement) Rules, 1967, and provisions of F.R. 56, as amended from time to time]
[Substituted with effect from 15th December, 1967, vide Notification No. 30515-XXI-B, dated 26th September, 1967, Published in M.P. Rajpatra (Asadharan) dated 25th September 1967 at p. 2406.]
.
(2) Permanent District and Sessions Judges drawn from amongst the officers of the judicial service of the former State of Madhya Pradesh, who, having entered the said service before the first of July, 1937, were eligible for over age concession under paragraph 404-A of the Civil Service Regulations, shall continue to be so eligible.
### 3. Exercise of option by certain District and Sessions Judges.
(1) Such of the permanent District and Sessions judges, falling within clause (b) of Rule 2, who have retired after 31st March, 1958, or who on the date of issue of these rules are working as such shall be entitled to opt for the rules relating to Death-cum-Retirement Benefits applicable to them immediately before 1st April, 1958.
(2) The option referred to in sub-rule (1) shall be exercised in writing in the form appended to these rules and shall be communicated by the District and Sessions Judges concerned to the Accountant General, Madhya Pradesh, within six months from the date on which these rules are issued and a copy of the option so exercised shall be sent to the Secretary to Government of Madhya Pradesh, Law Department, Bhopal.
(3) Subject to such special orders as the State Government may issue in this behalf, option once exercised shall be final.
(4) District and Sessions Judge who is required to exercise his option under sub-rule (1) and fails to do so within the period specified in sub-rule (2) or who in the opinion of the State Government has exercised option in an ambiguous manner shall be treated as having opted for the said benefits.
### 4. Removal of doubt.
- For removal of doubt it is hereby declared that as a result of the application of the said rules mutatis mutandis to the permanent District and Sessions Judges-
(a) the expression "member of the service" occurring in the said rules shall be construed as referring to the permanent District and Sessions Judges;
(b) all powers of the Central Government under the rules shall be exercised by the State Government in relation to the permanent District and Sessions Judges by reason of their being under the rule-making control of the State Government;
(c) no approval of the Central Government under sub-rule (2) of Rule 17 and no previous sanction of the said Government under Rule 26 of the said rules shall be necessary.
### 5. Amendment of Madhya Pradesh Judicial Service (Classification, Recruitment and Conditions of Service) Rule, 1955.
- Sub-rule (2) of Rule 7 of the Madhya Pradesh Judicial Service (Classification, Recruitment and Conditions of Service) Rules, 1955, shall be omitted.
Form
(See Rule 3)
Declaration
I..................., permanent District and Sessions Judge, \*Since retired after 31st March, 1958/\*working as such on the date of issue of the Madhya Pradesh District and Sessions Judges (Death-cum-Retirement Benefits) Rules, 1964, hereby opt for the..... Rules which were applicable to me immediately prior to 1st April, 1958.
Signature..........
Date.................
|
65b95331ab84c7eca86e8def | acts |
State of Himachal Pradesh - Act
---------------------------------
Himachal Pradesh Judicial Officers (Pay, Allowances and Conditions of Service) Act, 2003
------------------------------------------------------------------------------------------
HIMACHAL PRADESH
India
Himachal Pradesh Judicial Officers (Pay, Allowances and Conditions of Service) Act, 2003
==========================================================================================
Act 13 of 2003
----------------
* Published on 18 July 2003
* Commenced on 18 July 2003
Himachal Pradesh Judicial Officers (Pay, Allowances and Conditions of Service) Act, 2003
(Act
No. 13 of 2003
)
Last Updated 18th January, 2020
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 18th July, 2003, pp. 808 and 814.
(Received the assent of the Governor on 11th August, 2003 and was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 13th August, 2003, pp. 1287-1294).
An Act to provide for the regulation of the pay [, allowances]
[Inserted vide H.P. Act No. 23 of 2006.]
and conditions of service of the Judicial Officers in the State of Himachal Pradesh and for matters connected therewith or incidental thereto.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 25th August, 2006, pp. 3967 and 3969.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12th March, 2007, pp. 11650-11651 and 11654-11655.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-fourth Year of the Republic of India, as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Himachal Pradesh Judicial Officers (Pay [, Allowances]
[Inserted vide H.P. Act No. 23 of 2006.]
and Conditions of Service) Act, 2003.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall be deemed to have come into force on the First day of July, 1996.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) [ "Allowances" means the allowances admissible to the Judicial Officers in Himachal Pradesh on 31st July, 2006 [or such other allowances [XXXXXXXXXXXXX]
[Existing clause (a) renumbered as clause (aa) and new clause (a) Inserted vide H.P. Act No. 23 of 2006]
as may be notified from time to time by the State Government];]
(aa) "Judicial Officers" means the persons appointed by the State Government to the Himachal Pradesh Higher Judicial Service and the Himachal Pradesh Judicial Service in the State;
(b) "notification" means a notification published in the Rajpatra, Himachal Pradesh;
(c) "prescribed" means prescribed by the rules made under this Act;
(d) "Schedule" means Schedule appended to this Act;
(e) "State" means State of Himachal Pradesh; and
(f) "State Government" means the Government of Himachal Pradesh.
### 3. [ Salaries.
[Section 3 amended by Act No. 23 of 2006 and substituted vide H.P. Act No. 5 of 2008.]
- Notwithstanding anything contained in any rules made under any other law for the time being in force, regulating the pay, allowances and other conditions of service, or any order or judgment passed by any court, the Judicial Officers in the State shall be paid the pay scales as specified in the Schedule and the rates of allowances and other conditions of service of such Officers shall be such as may be prescribed.]
### 3A. [ Power to amend Schedule.
[Section 3-A inserted vide H.P. Act No. 23 of 2010.]
- The State Government may, by notification published in the Official Gazette, amend or substitute the Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly.]
### 4. Power to make rules.
(1) Subject to the provisions of section 3, the State Government may, by notification in the Official Gazette, make rules [with retrospective effect]
[In section 4 the words 'with retrospective effect' inserted vide H.P. Act No. 5 of 2008.]
regulating the [pay, allowances]
[Substituted vide Act No. 23 of 2006.]
and conditions of of service of the Judicial Officers.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised is one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 5. Saving.
- Subject to the provisions of section 3, the rules applicable to the Judicial Officers, immediately before the commencement of this Act shall continue to regulate the [pay, allowances]
[Substituted vide H.P. Act No. 23 of 2006.]
and conditions of service of the Judicial Officers until the rules in that behalf are made under this Act.
[Schedule
[Schedule substituted vide H.P. Act No. 23 of 2010.]
(See section 3)
The Pay Scales for different cadres of the Judicial Officers:
### 1. Civil Judge (Junior Division),- (a) Initial Scale:- Rs. 27,700-770-33090-920- 40540-1080-44770.
(b) First stage Assured Career Progression Scale, after five years of service: Rs. 33090-920-40540-1080-45850.
(c) Second stage Assured Career Progression Scale, after another five years of service:- Rs. 39530-920-40450-1080-49090-1230-54010.
### 2. Civil Judge (Senior Division),- (a) Initial Scale:- Rs. 39530-920-40450-1080-49090-1230-54010.
(b) First stage Assured Career Progression Scale, after five years of service: Rs. 43690-1080-49090-1230-56470.
(c) Second stage Assured Career Progression Scale, after another five years of service:- Rs. 51550-1230-58930-1380-63070.
### 3. District Judges Cadre,- (a) Initial Scale:- Rs. 51550-1230-58930-1380-63070.
(b) Selection Grade: (Available to 25% Officers of the cadre): Rs. 57700-1230-58930-1380-67210-1540-70290.
(c) Super Time Scale (Available to 10% Officers of the cadre) : Rs.70290-1540-76450.]
|
65b9387cab84c7eca86e8a3a | acts |
State of Odisha - Act
-----------------------
The Orissa Dadan Labour (Control and Regulation) Act, 1975
------------------------------------------------------------
ODISHA
India
The Orissa Dadan Labour (Control and Regulation) Act, 1975
============================================================
Act 42 of 1975
----------------
* Published on 1 January 1975
* Commenced on 1 January 1975
The Orissa Dadan Labour (Control and Regulation) Act, 1975
Orissa Act
No. 42 of 1975
Statement of Objects and Reasons. - The rural working class of the State of Orissa who are sent outside the State by Sardars and Khatadars to work under contractors and employers; of the concerned States are not given proper wages and other facilities as promised them at the time of their recruitment. The Sardars and Khatadars are reported to obtain signature of these labourers on blank papers at the time of recruitment and later on fill up the same to suit their purpose. At times the labourers also do not go to the working places outside the State after taking the advance money given by the Sardars and thereby compel the Sardars to take the shelter of Court for realisation of the advance money.
The State Government have no legal power to take effective action against the contractors and employers residing outside the State for non-payment or underpayment of wages and for non-provision of other facilities. Even after best efforts of the State Government for taking remedial measures in consultation with the concerned State Government no appreciable improvement in the conditions of employment of these labourers has been noticed. The State Government therefore, proposed to hold the Sardars and Khatadars of this State who act as the agents of the said contractors and employers in recruiting and supplying these labourers responsible to make proper payment of wages and provision of other facilities by registering them and controlling their activities by means of a special legislation for that purpose.
The Bill seeks to achieve the above purpose.
Published vide Orissa Gazette Extraordinary No. 1737/29, 10. 1975, w.e.f. 1.1.1976
For Statement of Objects and Reasons see Orissa Gazette Extraordinary No. 496/ 17.3.1975.
An Act to regulate the recruitment of labourers from the State to work outside the State and for matters incidental thereto
Be it enacted by the Legislature of the State of Orissa in the Twenty-sixth Year of the Republic of India as follows :
Chapter-I Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the Orissa Dadan Labour (Control and Regulation) Act, 1975.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
### 2. Definitions.
- In this Act, unless the context otherwise requires-
(a) "agent" means a person who recruits Dadan Labourers on behalf of an employer for any work carried on outside the State of Orissa and includes a contractor, sub-contractor, Khatadar, Sardar and persons with similar designation who make such recruitment;
(b) "Chief Inspector" means the Chief Inspector appointed under Section 13;
(c) "Competent Authority" means a Competent Authority appointed under Section 12;
(d) "Dadan Labourer" means a person recruited on the basis of a contract (either express or implied) from the State of Orissa for doing any skilled, semi-skilled or unskilled manual work outside the State;
(e) "employer" means the person for whom a dadan labourer is under the terms of' an agreement (either express or implied), bound to work ;
(f) "establishment" in relation to an agent means the place or places where any records relating to the agency are kept ;
(g) "Inspector" means an Inspector appointed under this Act;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "registering authority" means the registering authority appointed under Section 3;
(j) "registration certificate" means the certificate of registration granted under Section 5;
(k) "rules" means rules made under this Act.
Chapter-II Registration of Agents
### 3. Appointment of registering authority.
- The State Government may, by an order notified in the Official Gazette-
(a) appoint an officer or officers, as they think fit to be registering authorities for the purposes of this Chapter ; and
(b) define the limits, within which a registering authority shall exercise the powers conferred on him by or under this Act.
### 4. No person to act as agent without registration.
- No person shall, after the commencement of this Act, act as an agent without being registered as such and except under and in accordance with a registration certificate issued in that behalf.
### 5. Registration of agents.
(1) Every agent who is acting as such immediately prior to the commencement of this Act shall make an application within sixty days from the said date, to the registering authority in the prescribed manner for his registration :
Provided that the registering authority may entertain any such application for registration after expiry of the said period, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(2) Any person who desires to act as an agent may also make an application for his registration to the registering authority in the prescribed manner.
(3) Every application for registration shall be made in such form and shall be accompanied by such fees as may be prescribed and shall be presented in the office of the registering authority.
(4) Where the application for registration is complete in all respects, the registering authority shall register the agent and issue to the agent a certificate of registration containing such particulars as may be prescribed and shall enter the particulars relating to the agent as contained in the application for registration in a register to be maintained in the prescribed form.
(5) A registration certificate shall be valid till the end of a calendar year during which it is issued and may be renewed for a period of one year on presentation of an application to the registering authority in such form and on payment of such fees as may be prescribed and every such application shall be presented not less than two months before the expiry of the registration certificate :
Provided that the registering authority may entertain an application for the renewal of a registration certificate after the last date for presentation of the application if the application is made before the expiry of the registration certificate and is accompanied by an additional fee equal to twenty-five per cent of the fees for renewal.
(6) Where the application is not complete in all respects, the, registering authority shall return the same to the applicant within fifteen days of receipt of the application pointing out the defects for rectification and re-submission within fifteen days of its receipt by the agent.
### 6. Revocation of registration in certain cases.
- If the registering authority is satisfied, either on a reference made to it in this behalf or otherwise, that-
(a) the registration of the agent has been obtained by mis-representation or suppression of any material fact ; or
(b) the agent has contravened any of the provisions of this Act or the rules made thereunder ; or
(c) for any reason the registration has become useless or ineffective and, therefore, requires to be revoked,
he may, after giving an opportunity to the agent to be heard, revoked the registration.
### 7. Appeal.
(1) Any person aggrieved by an order made under Section 5 or Section 6 may, within thirty days from the date on which, the order is communicated to him, prefer an appeal to an appellate authority appointed in that behalf by the State Government :
Provided that the appellate authority may entertain the appeal after the expiry of said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeals in time.
(2) On receipt of an appeal under Sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard dispose of the appeal as expeditiously as possible.
### 8. Register to be maintained by a registered agent.
- Every registered agent shall maintain a register in the prescribed form, showing-
(a) the name, father's name, age and address of the Dadan Labourer recruited by him;
(b) the name and address of the employer;
(c) place and nature of work;
(d) brief description of the agreement; and
(e) such other particulars as may be prescribed.
Chapter-III Conditions of Recruitment and Welfare of Dadan Labourer
### 9. Conditions of recruitment of Dadan labourer.
(1) No agent shall recruit any dadan labourer without entering into an agreement with him in the prescribed form.
(2) The recruitment of a dadan labourer shall be subject to the following terms and conditions, namely :
(a) the rate of wages payable to the dadan Labourer shall in no case be less than the minimum rate of wages fixed under the Minimum Wages Act, 1948 (11 of 1948) in respect of employees engaged in work similar in nature to that performed by the dadan labourer and in relation to the local area wherein such labourer is required to work ;
(b) the conditions relating to hours of work, day of rest and payment for work on a day of rest shall not be less favourable than those provided for under the aforesaid Act in respect of employees engaged in work similar in nature to that performed by the Dadan Labourer and in relation to the local area wherein such Labourer is required to work ; and
(c) such-other conditions as may be prescribed.
### 10. Liability to work to be extinguished on expiry of the period of agreement.
- The liability to work under the agreement between the agent and the dadan labourer shall stand extinguished on the expiry of the period specified in such agreement :
Provided that the extinguishment of the liability to work shall in no way affect the other rights and liabilities of the parties to the agreement.
### 11. Liability of the agent to pay the dues of labourer.
- The agent shall be liable for payment of all dues accruing to a dadan labourer in accordance with the terms of the agreement.
### 12. Recovery of dues.
(1) The State Government may, by notification in the Official Gazette, appoint any officer of the Labour Department of the State Government not below the rank of an Assistant Labour Commissioner or any other officer with judicial experience as a Judge of a Civil Court or and Sub-divisional Judicial Magistrate to be the competent authority having jurisdiction over such area as may be specified in the notification to hear and decide claims arising out of any agreement entered into between the agent and the dadan labourer in pursuance of Section 9.
(2) Where any agent or any dadan labourer has any claim of the nature referred to in Sub-section (1), the claimant himself, or any person authorised by him in writing in this behalf or in the case of the death of the claimant, any member of his family or an Inspector may, without prejudice to any other mode of recovery, make an application to the competent authority for computation of the dues of the claimant :
Provided that every such application shall be presented within six months from the date on which the dues become payable :
Provided further that an application may be entertained by the competent authority after the expiry of the said period of six months if it is satisfied that the claimant was prevented by sufficient cause from making the application in time.
(3) When any application under Sub-section (2) is entertained, the competent authority shall, after giving the concerned parties and such other persons as it considers to be interested a reasonable opportunity of being heard and after making such further enquiry as it may consider necessary, compute the dues of the claimant.
(4) If the competent authority, while hearing an application under this section, is satisfied that the application is either malicious or vexatious, it may direst that a penalty not exceeding fifty rupees be paid to the person against whom the claim is made by the persons presenting the application.
(5) Any amount due to the claimant as computed by the competent authority may be recovered-
(a) if the competent authority is a Magistrate, by it as if it were a fine imposed by it as a Magistrate ; or
(b) if the competent authority is not a Magistrate, by the issue of a certificate by it for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of public demand.
(6) All orders made under this section shall be final and shall not be liable to be challenged in any Court.
(7) Every competent authority appointed under Sub-section (1) shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of -
(a) summoning and enforcing the attendance of witnesses and examining them on oath ;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit ; and
(d) such other matters as may be prescribed.
(8) Every competent authority shall be deemed to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Chapter-IV Appointment, Powers and Duties of Chief Inspector and Inspectors
### 13. Appointment of Chief Inspector and Inspectors.
(1) The State Government may by notification, appoint a Chief Inspector who shall be the chief executive authority for the purpose of carrying out the provisions of this Act.
(2) The State Government may, by notification, appoint such persons as they think fit to be Inspectors for the purposes of this Act and define the local limits within which they shall exercise their powers under this Act.
(3) In addition to any power conferred on the Chief Inspector by or under this Act, he may exercise all or any of the powers of an Inspector.
### 14. Powers of Inspector.
(1) Subject to the rules made in this behalf, an Inspector may, within the local limits of his jurisdiction -
(a) make such examinations of the records and registers maintained by an agent and take the statement of any person as may be deemed necessary for carrying out the provisions of this Act;
(b) seize or take copies of such records as he may consider relevant in respect of an offence which he has reasons to believe to have been committed under this Act ;
(c) exercise such other powers as may be prescribed.
(2) Any person required to produce any document or thing or to give any information required by an Inspector shall be deemed to be legally bound to do so within the meaning of Section 175 and Section 176 of the Indian Penal Code (45 of 1860).
### 15. Inspectors to be public servants.
- The Chief Inspector and every Inspector appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
### 16. Agent bound to produce records.
(1) Every agent shall, on demand, produce for inspection by an Inspector all registers and records required to be kept under this Act and the rules made thereunder.
(2) Where the agent fails to produce for inspection any register or record before an inspector on demand, it shall be presumed that the agent has no register or record to produce and the Inspector shall proceed with the inspection accordingly.
Chapter-V Penalties and Procedures
### 17. Offence.
- Whoever contravenes any of the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
### 18. Cognizance of offences.
(1) No prosecution under this Act shall be instituted except with the previous sanction of the Chief Inspector.
(2) No Court shall take cognizance of any offence punishable under this Act, save on complaint made by an Inspector or the Chief Inspector.
Chapter-VI Miscellaneous
### 19. Protection of actions taken under this Act.
(1) No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any Rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
### 20. Power to make rules.
(1) The State Government may, subject to the condition of previous publication, make rules for the purpose of carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the form and manner of making an application to the registering authority for registration of an agent;
(b) fees for registration and renewal of registration of an agent;
(c) the form and manner of making application for renewal of registration of an agent;
(d) form of registration certificate to be issued to the agent;
(e) the records and registers to be maintained by an agent for the purpose of securing compliance with the provisions of this Act and the rules made thereunder and the particulars to a entered therein;
(f) the form of agreement to be entered into between the agent and the dadan labourer;
(g) other particulars and conditions to be fulfilled with regard to recruitment of dadan labourers;
(h) the submission of returns by the agent to the register in authority;
(i) the powers which may be conferred on the Inspectors and the Chief Inspector under this Act and their functions;
(j) form of register to be maintained by the registering authority; and
(k) any other matter which is required to be, or may be, prescribed.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if during the said period the State Legislature makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form; so, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules.
|
65ba7d3eab84c7eca86eba4f | acts |
Union of India - Act
----------------------
The Appellate Tribunal For Electricity (Procedure, Form, Fee And Record Of Proceedings) Rules, 2007
-----------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Appellate Tribunal For Electricity (Procedure, Form, Fee And Record Of Proceedings) Rules, 2007
=====================================================================================================
Rule THE-APPELLATE-TRIBUNAL-FOR-ELECTRICITY-PROCEDURE-FORM-FEE-AND-RECORD-OF-PROCEEDINGS-RULES-2007 of 2007
-------------------------------------------------------------------------------------------------------------
* Published on 22 January 2007
* Commenced on 22 January 2007
The Appellate Tribunal For Electricity (Procedure, Form, Fee And Record Of Proceedings) Rules, 2007
Published Vide Notification G.S.R. 33(E) , dated 22.1.2007, published in the Gazette of India, Extra, Part 2, Section 3(i), dated 22.1.2007
### 9. /477
In exercise of the powers conferred by sub-section (1) of section 176 and clauses(q), (t) and (z) of sub-section (2) of section 176 of the Electricity Act, 2003 (
36 of 2003
) and in supersession of the Appellate Tribunal for Electricity (Form, Verification and fee for filing an appeal) Rules, 2004, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Appellate Tribunal for Electricity (Procedure, Form, Fee and Record of Proceedings) Rules, 2007.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.-
In these rules, unless the context otherwise requires,-
(a) "Act" means the Electricity Act, 2003 (
36 of 2003
);
(b) "Advocate" means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (25 of 1961) ;
(c) `Chairperson" means the Chairperson of the Appellate Tribunal appointed under sub-section (2) of section 113 of the Act;
(d) "Member means", Members of the Tribunal appointed under sub-section (3) of section 113 of the Act;
(e) "Interlocutory Application" means an application in any appeal or original petition on proceeding already instituted in the Tribunal, but not being a proceeding for execution of the order or direction of Tribunal;
(f) "Registrar" means, the Registrar of the Tribunal and includes any other officer or staff member of the Tribunal to whom the Power and functions of the Registrar may be delegated or assigned or who is authorized to act as such by the Chairperson from time to time;
(g) "Registry" means the Registry of the Tribunal;
(h) "Tribunal" means the Appellate Tribunal for Electricity established under section 110 of the Act;
(i) "Section" means a section of the Act;
(j) The words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
### 3. Computation of time period.
- Where a period is prescribed by the Act and these rules or under any other law or is fixed by the Tribunal for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Tribunal is closed, that day and any succeeding days on which the Tribunal remains closed shall also be excluded.
### 4. Forms.-
The forms prescribed by these rules with such modifications or variations as the circumstances of each case may require shall be used for the purpose mentioned therein and where no form is prescribed to cover a contingency, a form as may be approved by the Registrar, shall be used.
### 5. Format of order or direction or rule.-
Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the Chairperson and shall be signed by the Registrar or any other officer specifically authorized in that behalf by the Chairperson, with the day, month and year of signing and shall be sealed with the seal of the Tribunal.
### 6. Official seal of the Tribunal.
- The official seal of the Tribunal shall be such, as the Chairperson may from time to time specify and shall be in the custody of the Registrar.
### 7. Custody of the records.-
The Registrar shall have the custody of the records of the Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal.
Provided a member of the establishment with prior written approval of the Registrar may remove any official paper or record for official purposes from the Tribunal.
### 8. Sitting hours of the Tribunal.-
The sitting hours of the Tribunal shall ordinarily be from 10.30 AM. to 1.15 P.M. and from 2.15 P.M. to 5.00 p.m. subject to any order made by the Chairperson and this will not disable the Bench of the Tribunal to extend its sitting as it deems fit.
### 9. Working hours of the Tribunal.- (1) The office of the Tribunal shall remain open on all working days from 10.00 A.M. to 5.30 P.M.
(2) The Filing Counter of the Registry shall be open on all working days from 10.30 AM to 5.00 P.M.
### 10. Calender.
- The Calendar of days of working of Tribunal in a year shall be as decided by the Chairperson and Members of the Tribunal.
### 11. Motion cases.
- All urgent matters filed before 12 noon shall be listed before the Tribunal on the following working day, if it is complete in all respects as provided in these rules and in exceptional cases, it may be received after 12 noon but before 3.00 P.M. for listing on the following day, with the specific permission of the Tribunal or Chairperson.
### 12. Power to exempt.
- The Tribunal may on sufficient cause being shown, exempt the parties from compliance with any requirement of these rules and may give such directions in matters of practice and procedure, as it may consider just and expedient on the application moved in this behalf to render substantial justice.
### 13. Power to extend time.
- The Tribunal may extend the time appointed by these rules or fixed by any order, for doing any act or taking any proceeding, upon such terms, if any, as the justice of the case may require, and any enlargement may be ordered, although the application therefore is not made until after the expiration of the time appointed or allowed.
CHAPTER-II Powers Of The Registrar
### 14. Powers and functions of the Registrar.
- The Registrar shall have the following powers and functions, namely:-
(a) registration of appeals, petitions and applications;
(b) to receive applications for amendment of appeal or the petition or application or subsequent proceedings.
(c) to receive applications for fresh summons or notices and regarding services thereof;
(d) to receive applications for fresh summons or notice and for short date summons and notices;
(e) to receive applications for substituted service of summons or notices;
(f) to receive applications for seeking orders concerning the admission and inspection of documents;
(g) transmission of a direction/ order to the civil court as directed by Tribunal with the prescribed certificate(s) for execution etc; and
(h) such other incidental/matters as the Chairperson may direct from time to time.
### 15. Power of adjournment.-
All adjournments shall normally be sought before the concerned bench in court and in extraordinary circumstances, the Registrar may, if so directed by the Tribunal in chambers, shall at any time adjourn any matter and lay the same before the Tribunal in chambers.
### 16. Delegation powers of the Chairperson.-
The Chairperson may assign or delegate to a Deputy Registrar or to any other suitable officer all or some of the functions required by these rules to be exercised by the Registrar.
CHAPTER-III Institution Of Proceedings/petition/appeals Etc.
### 17. Procedure for proceedings. -
(1) Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and with a right margin of 2.5 cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form;
(2) The cause title shall state "In the Appellate Tribunal For Electricity" and shall specify the jurisdiction Appellate, Original or Special Original respectively under section 111(1) and section 121 of the Act in which it is presented and also set out the proceedings or order of the authority against which it is preferred.
(3) Appeal or petition or application or counter or objections shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point.
(4) Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given.
(5) Full name, parentage, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application.
(6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. These numbers shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or matter, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.
(7) Every proceeding shall state immediately after the cause title the provision of law under which it is preferred.
### 18. Particulars to be set out in the address for service.
- The address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party and shall as far as possible contain the following items namely:-
(a) the name of the road, street, lane and Municipal Division/Ward, Municipal Door and other number of the house;
(b) the name of the town or village;
(c) the post office, postal district and PIN Code; and
(d) any other particular necessary to identify the addressee such as fax number, mobile number and e-mail address, if any.
### 19. Initialing alteration.-
Every interlineation, eraser or correction or deletion in any appeal or petition or application or document shall be initialed by the party or his recognized agent or advocate presenting it.
### 20. Presentation of appeal or petition.
(1) Every appeal, petition, caveat, interlocutory application and documents shall be presented in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorized agent or by an advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non compliance of this may constitute a valid ground to refuse to entertain the same.
(2) Every appeal or petition shall be accompanied by a certified copy of the impugned order.
(3) All such documents filed in the Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.
(4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed.
(5) In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his/her advocate on record.
(6) The processing fee prescribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filled alongwith memorandum of appeal.
### 21. Number of copies to be filed.
- The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party.
### 22. Lodging of caveat.
(1) The respondent may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition is being instituted by the expected appellant or petitioner with full address for service on other side, so that the appeal or petition could be served before the appeal or petition or interim application is taken up:
Provided, this will not affect the jurisdiction of the Tribunal to pass interim orders in case of urgency.
(2) The caveat shall remain valid for a period of ninety days from the date of its filling.
### 23. Endorsement and Verification.-
At the foot of every petition or appeal or pleading there shall appear the name and signature of the advocate on record, if any, who has drawn the same and also the name of the senior advocate, who may have settled it. Every appeal or petition shall be signed and verified by the party concerned in the manner provided by these rules.
### 24. Translation of document.
(1) A document other than English language intended to be used in any proceeding before the Appellate Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by an advocate engaged on behalf of parties in the case or by any other counsel whether engaged in the case or not or if the counsel engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order.
(2) Appeal or petition or other proceeding will not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies are filed into Tribunal . - 4 -
### 25. Endorsement and scrutiny of petition or appeal or document.-
(1) The person in charge of the filing-counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny.
(2) If, on scrutiny, the appeal or petition or application or document is found to be defective, such document shall, after notice to the party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders.
(3) The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance.
(4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the pleading or document.
### 26. Registration of proceedings admitted.-
On admission of appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein.
### 27. Exparte amendments.-
In every appeal or petition or application, arithmetical, grammatical, clerical and such other errors may be rectified on the orders of the Registrar without notice to Parties.
### 28. Calling for records.-
On the admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from the respective Commission or adjudicating authority and retransmit the same at the conclusion of the proceedings or at any time.
### 29. Production of authorization for and on behalf of an association.-
Where an appeal or application or petition or other proceeding purported to be instituted by or on behalf of an association, the person or persons who sign (s) or verify(ies) the same shall produce along with such application, for verification by the Registry, a true copy of the resolution of the association empowering such person(s) to do so:
Provided that the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization:
Provided further that it shall set out the list of members for whose benefit the proceedings are instituted.
### 30. Interlocutory applications.-
Every Inter-locutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in prescribed form and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing a affidavit supporting the application.
### 31. Procedure on production of defaced, torn or damaged documents.-
When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer authorized to receive the same.
Chapter IV
Cause List
--------------------------
### 32. Preparation and publication of daily cause list.-
(1) The Registry shall prepare and publish on the Notice Board of the Registry before the closing of working hours on each working day the cause list for the next working day and subject to the directions of the Chairperson, listing of cases in the Daily Cause List shall be in the following order of priority, unless otherwise ordered by the concerned Bench; namely;-
(a) cases for "pronouncement of orders";
(b) cases for "clarification";
(c) cases for "admission";
(d) cases for "orders or directions";
(e) part-heard cases, latest part-heard having precedence;and
(f) cases posted as per numerical order or as directed by the Bench;
(2) The title of the daily cause list shall consist of the number of the appeal or petition, the day, date and time of the court sitting, court hall number and the coram indicating the names of the Chairperson, Judicial member and Technical members constituting the Bench.
(3) Against the number of each case listed in the daily cause list, the following shall be shown, namely;-
(a) names of the legal practitioners appearing for both sides and setting out in brackets the rank of the parties whom they represent;
(b) names of the parties, if unrepresented, with their ranks in brackets.
(4) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks' column, whenever compliance is required.
### 33. Carry forward of cause list and adjournment of cases on account of non sitting of a Bench.
(1) If by reason of declaration of holiday or for any other unforeseen reason, the Bench does not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.
(2) When the sitting of a particular Bench is cancelled for the reason of inability of Member (s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date. The adjournment or posting or directions shall be notified on the Notice Board.
CHAPTER-V Record Of Proceedings
### 34. Diaries.-
Diaries shall be kept by the clerk-in-charge in such form as may be prescribed in each appeal or petition or application and they shall be written legibly. The diary in the main file shall contain a concise history of the appeal or petition or application, the substance of the order(s) passed thereon and in execution proceedings it shall contain a complete record of all proceedings in execution of order or direction or rule and shall be checked by the Deputy Registrar and initialed once in a fortnight.
### 35. Order sheet.
(1) Order sheet shall be maintained in every proceedings and shall contain all orders passed by the Tribunal from time to time .
(2) All orders passed by the Tribunal shall be in English and the same shall be signed by the members of the Tribunal constituting the Bench:
Provided that the routine orders, such as call for of the records, put up with records, adjourned and any other order as may be directed by the Member of the Tribunal shall be signed by the Court Master.
(3) The order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof.
### 36. Maintenance of court diary.-
(1) The Court Master of the Bench concerned shall maintain legibly a Court Diary, wherein he shall record the proceedings of the court for each sitting with respect to the applications or petitions or appeals listed in the daily cause list.
(2) The matters to be recorded in the court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the case may be, along with dates of next sitting wherever applicable.
### 37. Statutes or citations for reference.-
The parties or legal practitioners shall, before the commencement of the proceedings for the day, furnish to the Court Master a list of law journals, reports, statutes and other citations, which may be needed for reference or xerox copy of full text thereof.
### 38. Calling of cases in court.
- Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order.
### 39. Regulation of court work.
(1) When the Tribunal is holding a sitting, the Deputy Registrar shall ensure :-
(a) that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master or Stenographer or peon or attender;
(b) the Court Master shall ensure that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench and that proper care is taken to maintain dignity and decorum of the court.
(2) When the Bench passes order or issues directions, the Court Master shall ensure that the records of the case along with proceedings or orders of the Bench are transmitted immediately to the Registry and the Registry shall verify the case records received from the Court Master with reference to the cause list and take immediate steps to communicate the directions or orders of the Bench.
Chapter VI
Maintenance Of Registers
----------------------------------------
### 40. Registers to be maintained.-
The following Registers shall be maintained and posted on a day to day basis by the Registry of the Tribunal by such ministerial officer or officers as the Registrar may, subject to any order of the Chairperson, direct:-
(a) Register of Appeals;
(b) Register of Petitions;
(c) Register of original Petitions;
(d) Register of original special Petitions;
(e) Register of unnumbered Petitions or Appeals;
(f) Register of Caveats lodged; and
(g) Register of Interlocutory Applications;
### 41. Arrangement of records in pending matters.-
The record of appeal or petition shall be divided into the following four parts and shall be collated and maintained.
(a) Main file : (Appeal or Petition being kept separately);
(b) Miscellaneous application file;
(c) Process file; and
(d) Execution file
### 42. Contents of main file.-
The main file shall be kept in the following order and it shall be maintained as permanent record till ordered to be destroyed under the rules:-
(a) Index;
(b) Order sheet;
(c) Final order or judgement;
(d) Memo of appeal or petition as the case may be together with any schedule annexed thereto;
(e) Counter or reply or objection, if any;
(f) (i)
Oral evidence or proof of affidavit
(ii) Evidence taken on commission; and
(iii) Documentary evidence.
(g) Written arguments.
### 43. Contents of process file.-
The process file shall contain the following items; namely,-
(a) . index;
(b) . powers of attorney or vakalatnama;
(c) . summons and other processes and affidavits relating thereof;
(d) . applications for summoning witness;
(e) . letters calling records; and
(f) . all other miscellaneous papers such as postal acknowledgements
### 44. Execution file.
- The execution file shall contain the following items, namely,-
(a) . index;
(b) . the order sheet;
(c) . the execution application;
(d) . all processes and other papers connected with such execution proceedings;
(e) . transmission of order to civil court, if ordered; and
(f) . result of execution;
### 45. File for miscellaneous applications.-
For all miscellaneous applications there may be only one file with a title page prefixed to it and immediately after the title page, the diary, the miscellaneous applications, supporting affidavit, the order sheet and all other documents shall be filed.
### 46. Destruction of record.-
Record of tribunal, except permanent record, shall be ordered to be destroyed by the Registrar or Deputy Registrar after six years from the final conclusion of the proceedings and if any appeal is filed under section 125 of the Act, the same shall be destroyed after obtaining prior order of the Chairperson.
For purpose of Rule 46 Permanent record shall include order; appeal register, petition register and such other record as may be ordered to be included by the Chairperson.
CHAPTER-VII Service Of Process / Appearance Of Respondents And Objections
### 47. Issue of notice.
(1) Where notice of an appeal or petition for caveat or inter-locutory application is issued by the Tribunal, copies of the same, the affidavit in support thereof and if so ordered by the Tribunal the copy of other documents filed therewith, if any, shall be served along with the notice on the other side.
(2) The aforesaid copies shall show the date of presentation of the appeal or petition for caveat or inter-locutory application and the name of the advocate, if any, of such party with his full address for service and the interim order, if any, made thereon.
(3) The Tribunal may order for issuing notice in appropriate cases and also permit the party concerned for service of said notice on the other side by Dasti and in such case, deliver the notice to such party and it is for such party to file affidavit of service with proof.
(4) Acknowledgement before the date fixed for return of notice.
### 48. Summons.-
Whenever summons or notice is ordered by private service, the appellant or applicant or petitioner as the case may be, unless already served on the other side in advance, shall arrange to serve the copy of all appeals or petitions or applications by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing.
### 49. Steps for issue of fresh notice.
- If any notice is returned unserved in the circumstances not specified in rule 47, that fact and the reason thereof shall be notified immediately on the notice board of the Registry. The applicant or petitioner or his advocate shall within seven days from the date of such notification take steps to serve the notice afresh.
### 50. Consequence of failure to take steps for issue of fresh notice.
- Where, after a summon has been issued to the other side, and returned unserved, and the applicant or petitioner or appellant, as the case may be, fails to take necessary steps within a period as ordered by the Tribunal from the date of return of the notice on the respondent(s) , the Registrar shall post the case before the Bench for further directions or for dismissal for non prosecution.
### 51. Entries regarding service of notice or process.-
The Judicial Branch of the Registry shall record in the column in the order sheet "Notes of the Registry", the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services etc.
### 52. Default of appearance of respondent and consequences.-
Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition exparte and pass final order on merits.
Provided that it is open to the Tribunal to seek the assistance of any counsel as it deems fit in case the matter involves intricate and substantial questions of law having wide ramifications.
### 53. Filing of objections by respondent, form and consequences.
(1) The respondent, if so directed, shall file objections or counter within the time allowed by the Tribunal. The objections or counter shall be verified as an appeal or petition and wherever new facts are sought to be introduced with the leave of the Tribunal for the first time, the same shall be affirmed by a supporting affidavit.
(2) The respondent, if permitted to file objections or counter in any proceeding shall also file three copies thereof after serving copies of the same on the appellant or petitioner or their Counsel on record or authorized representative, as the case may be.
### 54. Sitting of vacation Bench and posting of cases.-
(1) When the Tribunal is closed for vacation, the vacation Bench shall sit on such days as may be specified by Chairperson or in his absence the seniormost member available.
(2) During the vacation, only the matters which are required to be immediately or promptly dealt with, shall be received in the Registry and the Registrar on being satisfied about the urgency, shall order registration and posting of such cases.
(3) Inspection of records may be permitted during the vacation according to the rules.
(4) Certified copies may also be supplied during the vacation according to the rules.
(5) Nothing in this rules shall disable the vacation Bench from taking the appeal or petition for final hearing, if so directed by the Bench.
Chapter VIII
Fee On Petition / Appeal, Process Fee And Award Of Costs
--------------------------------------------------------------------------
### 55. Fee payable on appeal or petition etc.
(1) Fee for filing appeal or petition either under sub-section(2) of section 111 or section 121, interlocutory application, application, enclosures or annexures, lodging caveat and process fee shall be, as prescribed in the Schedule of fee appended to these rules.
(2) The fee and process fee shall be deposited by separate demand draft favouring the Pay and Accounts Officer, Ministry of Power payable at New Delhi.
(3) The Tribunal may, to advance the cause of justice and in suitable cases, waive payment of such fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or appellant or applicant or such other reason, as the case may be.
(4) The Central Government shall review the fee prescribed for various purposes after every two years and the Schedule of fee may be amended by a notification.
### 56. Award of costs in the proceedings.
(1) Whenever the Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent of defaulting party.
(2) The Tribunal may in suitable cases direct appellant or respondent to bear the cost of litigation of the other side, and in case of abuse of process of court, impose exemplary costs on defaulting party.
Chapter IX
Inspection Of Record
------------------------------------
### 57. Inspection of the records.
(1) The parties to any case or their counsel may be allowed to inspect the record of the case by making an application in writing to the Registrar and fee prescribed therein.
(2) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing.
### 58. Grant of inspection.-
Inspection of records of a pending or decided case before the Tribunal shall be allowed only on the order of the Registrar.
### 59. Application for grant of inspection.-
(1) Application for inspection of record under sub-rule (1) and (2) of rule 57, shall be in the form prescribed and presented at the filing counter of the Registry between 10.30 AM and 3.00 PM on any working day and two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.
(2) The Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same, pass appropriate orders.
(3) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.
### 60. Fee payable for inspection.-
Fee as given in the Schedule of the fees appended to these rules shall be payable by way of Demand Draft or Indian Postal Order to be drawn in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi on any application for inspection of records of a pending or decided case.
### 61. Mode of inspection.-
(1) On grant of permission for inspection of the records, the Deputy Registrar shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10.30 AM and 12.30 PM and between 2.30 PM and 4.30 PM in the immediate presence of an officer authorized in that behalf.
(2) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.
(3) The person inspecting the records shall not make any marking on any record or paper so inspected and taking notes, if any, of the documents or records inspected may be done only in pencil.
(4) The person supervising the inspection, may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these rules and shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar and such notes shall be made in column (8) of the Inspection Register.
### 62. Maintenance of register of inspection.-
The Deputy Registrar shall cause to maintain a Register for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.
Chapter X
Appearance Of Legal Practitioner
-----------------------------------------------
### 63. Appearance of legal practitioners.-
Subject to as hereinafter provided, no legal practitioner shall be entitled to appear and act, in any proceeding before the Tribunal unless he files into Tribunal a vakalatnama in the prescribed form duly executed by or on behalf of the party for whom he appears.
### 64. Nomination or engagement of another legal practitioner.-
Where a legal practitioner who has filed the Vakalatnama engages or nominates another legal practitioner to appear and argue his client's case but not to act for the client, the Tribunal may permit such other legal practitioner to appear and argue on an oral request being made before commencement of the proceedings.
### 65. Consent for engaging another legal practitioner.-
: A legal practitioner proposing to file a Vakalatnama in any pending case or proceeding before the Tribunal in which there is already a legal practitioner on record, shall do so only with the written consent of the legal practitioner on record or when such consent is refused, with the permission of the Tribunal after revocation of Vakalatnama on an application filed in this behalf, which shall receive consideration only after service of such application on the counsel already on record.
### 66. Restrictions on appearance.
- A legal practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal.
### 67. Form and execution of Vakalatnama.
(1) Every Vakalatnama authorizing a legal practitioner to plead and act shall be in the prescribed Form and the name of the legal practitioner so appointed shall be inserted in the Vakalatnama before it is executed and it shall be dated at the time of its execution and acceptance and its execution shall be attested by an advocate or notary or a gazetted officer serving in connection with the affairs of the Union or of any State in India or a legal practitioner other than the legal practitioner accepting the Vakalatnama.
(2) The authority attesting the Vakalatnama under sub rule (1) shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation. Attestation shall be made only after the name of the legal practitioner is inserted in the Vakalatnama before its execution. When a Vakalatnama is executed by a party who appears to be illiterate, blind or not acquainted with the language of the Vakalatnama, the attestor shall certify that the Vakalatnama was read, translated and explained in his presence to the executant, in the language known to such executant, that he seemed to understand it and that he signed or affixed his thumb mark in his presence with full knowledge and understanding.
(3) Every Vakalatnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service and if the Vakalatnama is in favour of more than one legal practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.
### 68. Restriction on party's right to be heard.
- The party who has engaged a legal practitioner to appear for him before the Tribunal shall not be entitled to be heard in person unless permitted by the Tribunal.
### 69. Professional dress for the advocate.-
While appearing before the Tribunal, the Advocate shall wear the same professional dress as prescribed for appearance before the Court or wear a coat with a tie or a close coat.
Chapter XI
Affidavits
--------------------------
### 70. Title of affidavits.-
Every affidavit shall be titled as "In the Appellate Tribunal for Electricity." followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.
### 71. Form and contents of the affidavit.
- The affidavit shall conform to the requirements of order XIX, rule 3 of Civil Procedure Code, 1908 (5 of 1908).
### 72. Persons authorized to attest.-
Affidavits shall be sworn or affirmed before any Judicial Magistrate or Civil Judge or Registrar and Deputy Registrar of the Tribunal or Notary or District Registrar or Sub-Registrar, who shall affix his official seal or the Chief Ministerial Officer of any civil or criminal court in the state or any advocate.
### 73. Affidavits of illiterate, blind persons.-
Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form No. VIII.
### 74. Identification of deponent.-
If the deponent is not known to the attestor, his identity shall be testified by a person known to him and the person identifying shall affix his signature in token thereof.
### 75. Annexures to the affidavit.-
Document accompanying an affidavit shall be referred to therein as Annexure number and the attestor shall make the endorsement thereon that this is the document marked putting the Annexure number in the affidavit. The attestor shall sign therein and shall mention the name and his designation.
Chapter XII
Discovery, Production And Return Of Documents
--------------------------------------------------------------
### 76. Application for production of documents, form of summons.-
(1) Except otherwise provided hereunder, discovery or production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908.
(2) An application for summons to produce documents shall be on plain paper setting out the document/s the production of which is sought, the relevancy of the document/s and in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof.
(3) A summons for production of documents in the custody of a public officer other than a court shall be in Form No. IX and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal.
### 77. Suo motu summoning of documents.
- Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer.
### 78. Marking of documents.
(1) The documents when produced shall be marked as follows :
(a) If relied upon by the appellant's or petitioner's side, they shall be numbered as `A' series.
(b) If relied upon by the respondent's side, they shall be marked as `B' series.
(c) The Tribunal exhibits shall be marked as `C' series.
(2) The Tribunal may direct the applicant to deposit in Tribunal by way of Demand Draft or Indian Postal Order drawn in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi, a sum sufficient to defray the expenses for transmission of the records before the summons is issued.
### 79. Return and transmission of documents.
(1) An application for return of the documents produced shall be numbered. No such application shall be entertained after the destruction of the records.
(2) The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit.
Chapter XIII
Examination Of Witnesses And Issue Of Commissions
-------------------------------------------------------------------
### 80. Procedure for examination of witnesses, issue of Commissions.
- The provisions of the Orders XVI and XXVI of the Code of Civil Procedure, 1908, shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.
### 81. Examination in camera.-
The Tribunal may in its discretion examine any witness in camera.
### 82. Form of oath or affirmation to witness.-
Oath shall be administered to a witness in the following form :
" I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth".
### 83. Form of oath or affirmation to interpreter.-
Oath or solemn affirmation shall be administered to the Interpreter in the following form before his assistance is taken for examining a witness :
"I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation."
### 84. Officer to administer oath.-
The oath or affirmation shall be administered by the Court Officer or the Commissioner of Oaths.
### 85. Form recording of deposition.
(1) The Deposition of a witness shall be recorded in Form No. X .
(2) Each page of the deposition shall be initialed by the Members constituting the Bench.
(3) Corrections, if any, pointed out by the witness may, if the Bench/Commissioner is satisfied, be carried out and duly initialled. If not satisfied, a note to the effect be appended at the bottom of the deposition.
### 86. Numbering of witnesses.-
The witnesses called by the applicant or petitioner shall be numbered consecutively as PWs and those by the respondents as RWs.
### 87. Grant of discharge certificate.
- Witness discharged by the Tribunal may be granted a certificate in Form No. XI by the Registrar.
### 88. Witness batta payable.
(1) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, the person so summoned may draw from the Government traveling and daily allowances admissible to him as per rules.
(2) Where there is no provision for payment of TA and DA by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as batta, (a sum found by the Registrar sufficient to defray the traveling and other expenses), having regard to the status and position of the witness. The party applying for the summons shall deposit with the Registrar the amount of batta as estimated by the Registrar well before the summons is issued. If the witness is summoned as a court witness, the amount estimated by the Registrar shall be paid as per the directions of the Tribunal.
(3) The aforesaid provisions would govern the payment of batta to the interpreter as well.
### 89. Records to be furnished to the commissioner.
- The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. Original documents will be furnished only if a copy does not serve the purpose or cannot be obtained without unreasonable expense or delay. Delivery and return of records shall be made under proper acknowledgement.
### 90. Taking of specimen handwriting, signature etc..-
The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him.
Chapter XIV
Pronouncement Of Orders
----------------------------------------
### 91. Order.-
The final decision of the Tribunal on an application/petition before the Tribunal shall be described as Judgement.
### 92. Operative portion of the order.-
All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.
### 93. Corrections.-
The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.
### 94. Pronouncement of order.
(1) The Bench shall as far as possible pronounce the order immediately after the hearing is concluded.
(2) When the orders are reserved, the date for pronouncement of order shall be notified in the cause list which shall be a valid notice of intimation of pronouncement.
(3) Reading of the operative portion of the order in the open court shall be deemed to be pronouncement of the order.
(4) Any order reserved by a Circuit Bench of the Tribunal may also be pronounced at the principal place of sitting of the Bench in one of the aforesaid modes as exigencies of the situation require.
### 95. Pronouncement of order by any one member of the bench.-
(1) Any Member of the Bench may pronounce the order for and on behalf of the Bench.
(2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench consisting of Chairperson and Members was pronounced in open court on behalf of the Bench consisting of Two/Three Members.
### 96. Authorizing any member to pronounce order.
(1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the Chairperson may authorize any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case. The order pronounced by the Member so authorized shall be deemed to be duly pronounced.
(2) The Member so authorized for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule.
(3) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.
### 97. Making of entries by Court Master.
- Immediately on pronouncement of an order by the Bench, the Court Master shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order and he shall also make necessary entries in the court diary maintained by him.
### 98. Transmission of order by the Court Master.
(1) The Court Master shall immediately on pronouncement of order, transmit the order with the case file to the Deputy Registrar..
(2) On receipt of the order from the Court Master, the Deputy Registrar shall after due scrutiny, satisfy himself that the provisions of these rules have been duly compiled with and in token thereof affix his initials with date on the outer cover of the order. The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Registry for taking steps to prepare copies and their communication to the parties.
### 99. Format of order.-
(1) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cm long and 21.5 cm wide) with left side margin of 5 cm and right side margin of 2.5 cm. Corrections, if any, in the order shall be carried out neatly. Sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.
(2) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.
### 100. Indexing of case files after disposal.-
After communication of the order to the parties or legal practitioners, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Tribunal. He shall affix initials and then transmit the records with the Index initials to the records room.
### 101. Transmission of files or records or orders.-
Transmission of files or records of the cases or orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections or levels as per the directions of the Registrar.
### 102. Copies of orders in library.-
(1) The officer in charge of the Registry shall send copies of every order (final ) to the library.
(2) Copies of all orders received in each month shall be kept at the library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.
(3) At the end of every year, a consolidated index shall also be prepared and kept in a separate file in the library.
(4) The order folders and the indices may be made available for reference in the library to the legal practitioners.
Chapter XV
Supreme Court Orders
------------------------------------
### 103. Register of SLPs/Appeal.-
(1) A Register in Form no. XII shall be maintained in regard to SLPs or Appeals against the orders of the Tribunal to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch.
(2) The register shall be placed for scrutiny by the Chairperson in the first week of every month.
### 104. Placing of Supreme Court orders before Tribunal.-
Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the Chairperson / Members for information and kept in the relevant case file. Immediate attention of the Registrar shall be drawn to the directions requiring compliance.
### 105. Registrar to ensure compliance of Supreme Court orders.-
It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court.
Chapter XVI
Miscellaneous
------------------------------
### 106. Filing through electronic media.
- The Tribunal may allow filing of appeal or petition or application through electronic media such as online filing and provide for rectification of defects by e-mail or net and in such filing, these rules shall be adopted as nearly as possible on and from a date to be notified separately and the Chairperson may issue instructions in this behalf from time to time.
### 107. Removal of difficulties and issue of directions.-
Notwithstanding anything contained in the rules, wherever the rules are silent or no provision is made, the Chairperson may issue appropriate directions to remove difficulties and issue such orders or circulars to govern the situation or contingency that may arise in the working of the Tribunal.
Schedule
----------
[FEES]
| | | |
| --- | --- | --- |
|
(i) .
|
in respect of appeal under sub(2) of section 111 of the Act where the respondents are four or less and where Respondents exceed four, an additional fee of Rs.10,000/- shall be paid for each respondent
|
Rs. One lakh
|
|
(ii) .
|
For petition under section121 of the Act, if the Respondents are four or less and where Respondents exceed four, Additional Fee of Rs. 10,000/- for each respondent
|
Rs. One lakh
|
|
(iii) .
|
If proceedings are institute by more than one Appellants/Petitioners, or association fee payable on such Appeal/petition ...
|
Rs. 1,00,000/-
|
|
(iv) .
|
Review petition fee
|
Rs.30,000/-
|
|
(v) .
|
Execution Petition
|
Rs.5,000/-
|
|
(vi) .
|
Transmission of order or direction to Civil Court for execution
|
Rs.3,000/-
|
|
(vii) .
|
For lodging caveat
|
Rs.3000/-
|
|
(viii) .
|
Interlocutory application
|
Rs.1000/-
|
|
(ix) .
|
Vakalat/authorization Court fee payable
|
Rs. 25/-
|
|
(x) .
|
Copying charges for furnishing certified copy - per page
|
Rs. 25/-
|
|
(xi) .
|
One time process fee payable with each appeal/petition/interlocutory application/every proceeding instituted
|
Rs.2000/-
|
|
(xii) .
|
Inspection Fee
|
Rs. 500/-
|
|
(xiii) .
|
Enclosure/Annexure Court fee
|
Rs. 25/-
|
FORM I
(See Rule 20)
MEMORANDUM OF APPEAL PREFERRED UNDER SUB-SECTION 1 AND 2 OF SECTION 111 OF THE ELECTRICITY ACT, 2003
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY AT NEW DELHI
APPELLATE JURISDICTION
APPEAL NO. \_\_\_\_\_OF 200
CAUSE TITLE
Between
A.B............Appellant (s) And
C.D............Respondent(s) [including appropriate commission/adjudicating officer ]
(with short address )
### 1. Details of Appeal [ appeal under section .........of the Electricity Act, 2003 against impugned order of the (adjudicating officer/appropriate commission ) dated ........passed under section ..................of the Electricity Act, 2003.
### 2. Date on which the order appealed against is communicated and proof thereof, if any. ###
3. The address of the appellant for service is as set out hereunder:
(i) Postal address including PIN code
(ii) Phone number including mobile number.
(iii) E-mail
(iv) Fax No.
(v) Address of Counsel with Phone No., Fax No., e-mail
### 4. The address of the respondents for service of all notices in the appeal are as set out hereunder : (i) Postal address including PIN code
(ii) Phone number
(iii) E-mail
(iv) Fax Number
(v) Mobile Number
(vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.
### 5. Jurisdiction of the Appellate Tribunal The appellant declares that the subject matter of the appeal is within the jurisdiction of this Tribunal.
### 6. Limitation The Appellant/s declare that the appeal is within the period specified in sub-section (2) of section 111 of the Act. ( Explain how the appeal is within the period prescribed in case the appeal is preferred after the expiry of 45 days from the date of order/direction/decision against which this appeal is preferred ). In case the appeal barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay.
### 7. Facts of the case The facts of the case are given below :
(give here a concise statement of facts in a chronological order followed by elaboration of issues including the question of law arising in the appeal. Each paragraph should deal with, as far as possible a separate issue. )
### 8. Formulate (i) the facts in issue or specify the dispute between the parties and (ii) summarize the questions of law that arise for consideration in the appeal : (a)
Facts in issue
(b) Question of law
### 9. Grounds raised with legal provisions ###
10. Matters not previously filed or pending with any other court
The appellant further declares that the appellant had not previously filed any writ petition or suit regarding the matter in respect of which this appeal is preferred before any court or any other authority nor any such writ petition or suit is pending before any of them.
[In case the appellant previously had filed any such writ petition or suit, the stage at which it is pending and, if decided, the outcome of the same should be specified and a copy of the order should also be annexed ].
### 11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied upon. ###
12. Details of Interim Application, if any, preferred along with appeal.
### 13. Details of appeal/s, if any preferred before this Appellate Tribunal against the same impugned order/direction, by Respondents with numbers, dates... and interim order, if any passed in that appeal (if known). ###
14. Details of Index
[An index containing the details of the documents in chronological order relied upon is enclosed ].
### 15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer, Ministry of Power, New Delhi. In respect of the fee for appeal.
Name of the Bank \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Branch\_\_\_\_\_\_\_\_payable at Delhi. DD No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Date.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 16. List of enclosures : ###
1.
### 2. ###
3.
### 4. ###
17. Whether the order appealed as communicated in original is filed ? If not, explain the reason for not filing the same.
### 18. Whether the appellant/s is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents. ###
19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of Prescribed process fee.
### 20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out : ###
21. Reliefs Sought
In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s) :
a)
b)
c)
Dated at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_this \_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_200\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Counsel for Appellant(s) Appellant (s)
DECLARATION BY APPELLANT
The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true translation thereof.
Verified at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_on this at \_\_\_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_200\_\_\_\_\_\_\_\_\_\_\_\_\_
Counsel for Appellant (s) Appellant(s)
VERIFICATION
I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of the appellant ) S/o. W/o. D/o. [ indicate any one, as the case may be ] \_\_\_\_\_\_\_\_\_\_\_age\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_working as \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_in the office of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_resident of \_\_\_\_\_\_\_\_\_\_\_\_\_do hereby verify that the contents of the paras\_\_\_\_\_\_\_\_\_to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_are true to my personal knowledge/derived from official record) and para \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_to \_\_\_\_\_\_\_\_\_\_\_are believed to be true on legal advice and that I have not suppressed any material facts.
Date :
Place : ..................................................
Signature of the appellant or authorized officer
FORM II
(See Rule 20)
PETITION UNDER SECTIONS 121/111 (6) OF THE ELECTRICITY ACT 2003
BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY, NEW DELHI
(ORIGINAL JURISDICTION )
ORIGINAL/ORIGINAL SPECIAL PETITION NO...........OF 200 .....
Between
A.B.............................Petitioner(s) And
C.D.............................Respondent(s) [including appropriate commission/adjudicating officer ]
(with address )
The petitioner/s above named beg/s to prefer this original petition for issue of orders or instructions or directions under section 121 of the Electricity Act and state as follows :
### 1. The address for service on the petitioner is ..................... ###
2. The address for service on Respondent/s appropriate commission/adjudicating officer is /are.......................
### 3. Whether direction/order/rule/instruction sought for is within jurisdiction of the Tribunal under section 121. Set out the details and explain the circumstances under which the present original petition is being moved.
### 4. Set out the details of representations/demands made on the Respondent appropriate Commission and reply/order is any received. ###
5. Set out the grievance or prejudice caused to the petitioner and consequences of not issuing directions/orders/instructions prayed for.
### 6. Set out the basis of claims, legal contentions/grounds based on which reliefs are sought for. ###
7. Whether proceedings, if any already instituted before other forums and the result of the proceedings.
### 8. Whether any other remedy is available under the Electricity Act 2003 or any other Statutory Provision of Law or Rule, If so, why not invoked. (set out in detail )
### 9. Whether petition in respect of reliefs prayed for any proceeding in pending before the Appellate Tribunal at the instance of Respondents / or any other third party. ###
10. Particulars of fee payable and details of bank draft in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi.
In respect of the fee for appeal.
Name of the Bank \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Branch \_\_\_\_\_\_\_\_\_payable \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DD No.\_\_\_\_\_\_\_\_\_\_\_dated\_\_\_\_\_\_\_\_\_\_\_\_\_
### 11. List of enclosures and copies filed : ###
1.
### 2. ###
3.
### 4. ###
12. Whether the copy of memorandum of petition with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/comer receipt in addition to payment of process fee as prescribed by the rules.
### 13. Any other material particular which the Petitioner deems relevant for the petition may also be set out. ###
14. Relief sought for :
(a) (b)
(c) Dated at \_\_\_\_\_\_\_\_\_\_\_\_\_\_this day\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of 200\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Counsel for PetitionerPetitioner
DECLARATION
The petitioner (s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are original and fair reproduction of originals or true translation thereof. Verified at \_\_\_\_\_\_\_\_\_\_\_\_dated at \_\_\_\_\_\_\_\_\_this day\_\_\_\_\_\_\_\_\_of \_\_\_\_200 \_\_\_\_\_\_\_\_\_\_.
Counsel for Petitioner(s) Petitioner (s)
VERIFICATION
I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of the petitioner) S/o.W/o.D/o. (indicate any one, as the case may be ) \_\_\_\_\_\_\_\_\_\_\_age \_\_\_\_\_\_\_\_\_\_\_\_working as \_\_\_\_\_\_\_\_\_\_ in the office of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ do hereby verify that the contents of the paras \_\_\_\_\_\_\_\_\_\_\_\_\_to \_\_\_\_\_\_\_\_\_\_\_are true to my - 26 - personal knowledge / derived from official record ) and para \_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_are believed to be true on legal advice and that I have not suppressed any material facts.
Date :
Place :
...................................
Signature of the Petitioner or authorized officer
FORM III
[See Rule 20]
INTERLOCUTORY APPLICATION
BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY
IA NO. \_\_\_\_\_\_OF 200\_\_\_\_\_\_\_\_\_\_\_\_\_
IN
Appeal/Original Petition No. \_\_\_\_\_\_\_\_of 200 .
CAUSE TITLE
Set out the Appeal No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of 200
Appeal / Petition short cause title
Set out the 1. Appeal No.\_\_\_\_\_\_\_\_\_\_\_\_200
Cause Title - Interlocutory Application
Petition for stay/direction/dispense with/condone delay/calling records
The applicant above named state/s as follows :
### 1. Set out the relief (s) ###
2. Brief facts
### 3. Basis on which interim orders prayed for ###
4. Balance of convenience, if any :
(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the originals or fair reproduction of the originals or true translation thereof.
Verified at\_\_\_\_\_\_\_\_\_dated at \_\_\_\_\_\_\_this day \_\_\_\_\_\_\_\_\_\_of \_\_\_\_\_\_\_200\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Counsel for Applicant
Applicant
VERIFICATION
I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be ) \_\_\_\_\_\_\_\_\_\_\_age \_\_\_\_\_\_\_\_\_\_\_\_working as \_\_\_\_\_\_\_\_\_\_ in the office of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ do hereby verify that the contents of the paras \_\_\_\_\_\_\_\_\_\_\_\_\_to \_\_\_\_\_\_\_\_\_\_\_are true to my personal knowledge / derived from official record ) and para \_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_are believed to be true on legal advice and that I have not suppressed any material facts.
Date :
Place :
..........................................................
Signature of the Appellant/Petitioner or authorized officer
FORM IV
[See Rule 22]
CAVEAT PETITION
Memorandum Of Caveat
Before The Appellate Tribunal For Electricity
(Caveat No. \_\_\_\_of 200\_\_\_\_ )
Cause Title
Between
A B ...................Caveat or
And
C D ...................Expected Appellant/Petitioner
### 1. Set out details of the order against which appeal/application/petition is expected, in the matter of dispute between AB and CD. ###
2. a) Address for service on the caveator
(b) Address for service on the Counsel for the caveator
### 3. Specify the authority who passed the order with reference number and date (enclose copy of order appealed against ). ###
4. Set out the details of expected Appellant (s) /Petitioner (s)
With address
(i) (ii)
(iii) 5. Prayer : Let no orders be passed in the appeal expected to be filed or any interlocutory application that may be preferred by the expected Appellant/Petitioner without service of notice on the caveator.
The caveator undertakes to accept service of appeal or petition or application and appear before this Tribunal on the date and time at which the appeal/petition/application is moved by Respondent/expected appellant/petitioner.
Dated at New Delhi \_\_\_\_\_\_\_\_\_\_\_Day\_\_\_\_\_\_\_\_\_of (Month) 200\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Counsel for CaveatorCaveator
Verification
The caveator above named state and verify that the contents of this caveat lodged are true and correct.
Verified at New Delhi on
This \_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_200 .
Caveator
FORM NO. V
(See Rule 57)
Pending/disposed Off
Appellate Tribunal For Electricity
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_BENCH
Application No\_\_\_\_\_\_\_\_\_\_in\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of 200 \_\_\_\_\_\_\_\_\_
.................Applicant/s/3rd party/Appellant/Petitioner
vs
................................Respondent/s
Application for Inspection of Documents/Records under Rule 57
I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows :-
### 1. Name and address of the person seeking inspection : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ###
2. Whether he is a party to the case/his Legal Practitioner and if so,his rank therein. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 3. Details of the papers/documents sought to be inspected...............\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ###
4. Reasons for seeking the Inspection .................................. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 5. The date and duration of the inspection sought for ................... \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ###
6. Whether fee is paid and if so, the mode of payment................... \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 7. If a third party, whether a vakalat has been filed with Court Fee Stamp ................................. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Verification
I...............................state that the above facts are true and correct.
Date...............
place..............
...................
Applicant
Office Use
Granted inspection for \_\_\_\_\_hours on \_\_\_\_\_\_\_\_\_\_/rejected.
Registrar
APTEL.............
Endorsement after inspection:
I............, the applicant above named inspected the documents/records on ..........in the presence of Mr............................between .......................to ...........Hrs on ...........and inspection is completed/concluded.
Dated ..............day...............200...................
...................................
Applicant/Counsel
FORM NO. VI
(See Rule 67)
Form Of Vakalathnama
Appellate Tribunal For Electricity
\_\_\_\_\_\_\_\_\_\_\_\_\_\_BENCH
Appeal/petition /no. Of 200\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Appellant/s
vs
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Respondent/s
I, ............................................Appellant No............./Respondent No.................in the above appeal/petition do hereby appoint and retain Shri ......................................
..............................................Advocate/s to appear, plead and act for me/us in the above appeal/petition and to conduct and prosecute all proceedings that may be taken in respect thereof and applications for return of documents, enter into compromise and to draw any moneys payable to me/us in the said proceeding and also to appear in all applications for review and for leave to the Supreme Court of India in all applications for review of judgement.
Date..........................
Place.........................
..............................
Signature of the Party
| | |
| --- | --- |
|
Executed in my presence
...............................................
\*Signature with date
(Name and designation)
|
"Accepted"
.................................
\*Signature with date
(Name and Designation)
|
(Address for service on the Counsel for
Appellant/Respondent. Furnish
Full Address.......................
Phone No ......................
Fax No. ......................
\*The following certification to be given when the party is unacquainted with the language of the vakalat or is blind or illiterate:-
The contents of the vakalatnama were truly and audibly read over/translated into .........language known to the party executing the vakalatnama and he seems to have understood the same.
.....................
Signature with date
(Name and Designation)
FORM VII
(See Rule 70)
Appellate Tribunal For Electricity
\_\_\_\_\_\_\_\_\_\_\_\_\_BENCH
Appeal/petition/ /no. Of 200\_\_\_\_\_\_\_\_\_
.................................Appellant/Applicant
vs
.................................Respondent/s
AFFIDAVIT
I, ..................................aged.......................years, son/daughter/wife of ............ ..........................(name and occupation of the deponent)..................................... residing at (Full address) ........................................do hereby swear in the name of God/solemnly affirm and state as follows :
Para. 1
Para. 2
Para. 3
.......................................................
........................................................
........................................................
Contents of Paragraphs Nos. ......................are within my personal knowledge and contents of Paragraphs Nos...............are based on information received by me which I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any ).
................................
Signature of the Deponent
Date....................
Place...................Name in Block Letters
No. of corrections on page nos.
Identified by:Before me
................................................................................................................... Sworn/solemnly affirmed before me on this the .......................day of ...200.............
................
Signature
(Name and Designation of the
Attesting Authority with Seal)
\*To add endorsement in Form No., when necessary
FORM NO. VIII
Appellate Tribunal For Electricity
(See Rule 73)
Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate.
Contents of the affidavit were truly and audibly read over/translated into ........................language known to the deponent and he seems to have understood the same and affixed his LTI/Signature/Mark.
.........................
(Signature )
Name and designation with date.
FORM NO. IX
(See Rule 77)
Apellate Tribunal For Electricity
...............BENCH
Appeal/petition No......... Of 200............
Between
............................................................Appellant/Petitioner
(By Advocate Shri.............)
And
............................................... Respondent/s
(By Advocate Shri ............)
Under Section 120 of Electricity Act 2003 r/w C.P.C.
Whereas the Tribunal suo motu or on consideration of the request made by Shri .......................( Appellant/Petitioner No. ) having been satisfied that production of the following documents/records under your control/custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal /forward duly authenticated copies thereof on or before the .....................day of.....200.........
(Enter description of documents requisitioned )
"By Order of Tribunal"
Registrar
Date...................
FORM NO. X
(See Rule 85)
Appellate Tribunal For Electricity
.............BENCH
Appeal/petition No............... Of 200...............
Deposition of PW/RW
### 1. Name : ###
2. Father's/Mother's/Husband's Name :
### 3. Age : ###
4. Occupation :
### 5. Place of Residence and address : ###
6. Name of the Officer administering the
Oath / affirmation :
### 7. Name of the Interpreter if any, duly Sworn/ solemnly affirmed :
DULY SWORN/SOLEMNLY/AFFIRMED
Examination-in-chief : By
Date ...........................................................................................................................................................................
Cross examination : By ............................................................................................................................................................
Re-examination, if any:..............................................................................
.......................................
(Signature of the witness on each page)
Statement of witness as recorded was read over/translated to the witness, who admitted it to be correct.
..................................................
Signature of the Member of the Tribunal with date
FORM NO. XI
(See Rule 87)
Certificate Of Discharge
Certified that ...................................................appeared before this Tribunal as a witness/in/ No. .......................of 20......, on behalf of the appellant/petitioner/respondent/as Court witness on this ...............day of ....200...... and that he was relieved at ......................on........................ He was paid/not paid any T.A. and D.A./Batta of Rs...................
............................
Signature of the Registrar
Date................
(Seal of the Tribunal)
FORM XII
(See rule 103)
Appellate Tribunal For Electricity
...................BENCH
Register Of Slps/appeals To Supreme Court
| | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl.
No
|
No. of SLP/app-eal
Before the Supreme Court
|
No.of the case appealed against
|
Name of the Applicant/ Respondent
|
Date of dispatch
Of records to SC
|
Date of receipt of records from SC
|
SLP dismiss-
sed/
allowed with date
|
Interim
Direction
If any, with date
|
Final order
In the appeal with date
|
Direct-ion
If any, for compliance by the Tribunal
|
Steps
Taken for compliance
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
65b950c6ab84c7eca86e8db4 | acts |
State of Himachal Pradesh - Act
---------------------------------
The Himachal Pradesh Court fees Act, 1968
-------------------------------------------
HIMACHAL PRADESH
India
The Himachal Pradesh Court fees Act, 1968
===========================================
Act 8 of 1968
---------------
* Published on 30 January 1968
* Commenced on 30 January 1968
The Himachal Pradesh Court fees Act, 1968
(Act
No. 8 of 1968
)
For Statement of Objects and Reasons, see R.H.P. Extra., dated the 30th January 1968, Pages 101
(Received the assent of the President of India on the 30th April, 1968, and was published in R.H.P. Extra, dated the 29th October, 1968 at pages 1099-1130).
An Act to levy Court Fee in the [state]
[Substituted for 'Union territory' by A. O. 1973 ]
of Himachal Pradesh.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Nineteenth Year of the Republic of India as follows: -
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Himachal Pradesh Court Fees Act, 1968.
(2) It extends to the whole of the [state]
[Substituted for 'Union territory' by A.O. 1973]
of Himachal Pradesh.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act unless the context otherwise requires,-
(a) "High Court" means the High Court of [Himachal Pradesh]
[Substituted for the word 'Delhi, ibid.]
;
(b) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(c) "State Government" means [the Government of Himachal Pradesh]
[Substituted for the words 'the Lieutenant Governor of the Union territory of Himachal Pradesh', ibid.]
Chapter II
Fees in The High Court
--------------------------------------
### 3. Levy of fees in the High Court.
- The fees payable for the time being to the clerks and officers of the High Court or chargeable in that Court under No. 9 of the First, and Nos. 7, 10, 11, 16 and 17 of the Second Schedule to this Act annexed shall be collected in the manner hereinafter appearing.
### 4. Fees on documents filed, etc., in the High Court in its ordinary and extra-ordinary jurisdiction.
- No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, the High Court in any case coming before such Court,-
(a) in the exercise of its ordinary or extra-ordinary original civil jurisdiction; or
(b) in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; or
(c) in the exercise of its jurisdiction as a Court of reference of revision;
(d) in the exercise of its jurisdiction to issue directions, orders or writs under the Constitution of India; or
(e) in the exercise of its jurisdiction in any other manner;
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.
### 5. Procedure in case of difference as to necessity or amount of fee.
(1) When any difference arises between the officer whose duty it is to see that any fee is paid under this chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall when the difference arises in the High Court be referred to the Taxing Officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief justice of the High Court or of such judge of the High Court as the Chief justice shall appoint either generally or specially in this behalf.
(2) The Chief justice of the High Court shall declare who shall be the Taxing Officer for the purposes of sub-section (1).
Chapter III
Fees In other Courts and in Public Offices
-----------------------------------------------------------
### 6. Fees on documents filed, etc., in Mofussil Courts or in public offices.
- Except in the High Court, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
### 7. Computation of fees payable in certain suits.
- The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:-
(i) for money. - In suits for money (including suits for damages or compensation, or arrears of maintenance, annuities, or of other sums payable periodically)-according to the amount claimed;
(ii) for maintenance and annuities.-(a) In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year,
(b) In suits for reduction or enhancement of maintenance and annuities Or other sums payable periodically-according to the value of the subject matter of the suit and such value shall be deemed to be ten times the amount sought to be reduced or enhanced for one year,
(iii) for other movable property having a market value,-In suits for movable property other than money, where the subject matter has a market-value-according to such value at the date of presenting the plaint.
(iv) in suits-
(a) for movable property of no market value.-for movable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title;
(b) to enforce a right to share in joint family property.-to enforce the right to share in any property on the ground that it is joint family property.
(c) for a declaratory decree and consequential relief.-to obtain a declaratory decree or order where consequential relief is prayed,
(d) for an injunction.-to obtain an injunction;
(e) for easements.- for a right to some benefit (not herein otherwise provided for) to arise out of land, and
(f) for accounts.-for accounts;
according to the amount at which the relief sought is valued in the plant or memorandum of appea1 In all such suits the plaintiff shall state the amount at which the values the relief sought
Provided that the minimum court-fee in each case shall be thirteen rupees;
Provided further that in suit coming under sub-clause (c) , in cases where the relief sought is with reference to any property, such valuation shall not be less than the value of the property calculated in the manner provided for by paragraph (v) of this section.
(v) for possession of lands, houses and gardens.-In suits for the possess on of lands houses and gardens-according to the value of the subject-matter and such value shall be deemed to be -
Where the subject-matter is land, and -
(a) where the land forms an entire estate, or a definite share of an estate paying annual revenue to Government;
or forms part of such an estate and is recorded in the Collector s register as separately assessed with such revenue,
and such, revenue is permanently settled-ten times the revenue so payable.
(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government or forms part of such estate and is recorded as aforesaid, and such revenue is settled, but no permanently-ten time the revenue so payable;
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue;
and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits, but where no such net profits have arisen therefrom-the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood;
(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above mentioned-the market-value of the land;
Explanation. - The word "estate", as used/in this paragraph means any land subject to the payment of revenue, for which the proprietor or a farmer or ryot shall have executed as separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:
(e) for houses and gardens. - where the subject-matter is house or garden-according to the market-value of the house or garden;
(vi) to enforce a right of pre-emption.-In suits to enforce a right of pre-emption-according to the value [computed in accordance with paragraph (v) of this section] of the land, house or garden in respect of which the right is claimed;
(vii) for interest of assignee of land revenue. - In suits for the interest of an assignee of land revenue - fifteen times his net profits as such for the year next before the date of presenting the plaint;
(viii) to set aside an attachment-In suits to set aside an attachment of land or of on interest in land or revenue-according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;
(ix) to redeem.-In suits against a mortgagee for the recovery of the property mortgaged-according to half the principal money expressed to be secured by the instrument of mortgage;
to foreclose-and in suits by mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute-according to the principal money expressed to be secured by the instrument of mortgaqe.
(x) for specific performance. - In suits for specific performance,-
(a) of a contract of sale-according to the amount of the consideration;
(b) of a contract of mortgage-according to the amount agreed to be secured.
(c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term;
(d) of an award-according to the amount or value of the property in dispute;
(xi) between landlord and tenant. - In the following suits between landlord and tenant-
(a) for the delivery by tenant of the counterpart of a lease;
(b) to Enhance the rent of a tenant having a right of occupancy;
(c) for the delivery by a landlord of a lease;
(d) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy;
(e) to contest a notice of ejectment;
(f) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord; and
(g) for abatement of rent-
according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
### 8. Fee on memorandum of appeal against order relating to compensation.
- The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
### 9. Power to ascertain net profits or market-value.
- If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court, may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the court.
### 10. Procedure where net profits or market-value wrongly estimated.
(1) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee; but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or net profits been rightly estimated.
(2) In such case the suit shall be stayed until the additional fee is paid and if the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
### 11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.
(1) In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff values the relief sought, the decree shall not be drawn up until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.
(2) Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid and if the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
### 12. Decision of questions as to valuation.
(1) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(2) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question being rightly decided, and the provisions of sub-section(2) of section 10 shall apply.
### 13. Refund of fee paid on memorandum of appeal.
- If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure 1908 (5 of 1908), is ordered to be received, or if a suit is remanded in appeal under Order XLI, Rule 23, of the First Schedule to that Code for a second decision by the lower Court, the appellate Court shall grant to the appellant a certificate, authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
### 14. Refund of fee on application for review of judgment.
- Where an application for a review of judgment is presented on or after the nineteenth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been, presented before such day.
### 15. Refund where Court reverses or modifies its former decision on ground of mistake.
- Where an application for review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second Schedule to this Act, No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
### 16. Multifarious suits.
- Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by Order II, Rule 6, of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
### 17. Written examination so complainants.
- When the first or only examination of person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), the complainant shall pay a fee of one rupee and twenty-five paise, unless the Court thinks fit to remit such payment.
### 18. Exemption of certain documents.
- Nothing contained in this Act shall render the following documents chargeable with any fee: -
(i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in Civil employment.
(ii) Written statements called for by the Court after the first hearing of a suit.
(iii) Probate of a Will and letters of administration, where the amount or value of the property in respect of which the probate or letters shall be granted does not exceed one thousand rupees.
(iv) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land, or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.
(v) Application relating to a supply for irrigation of water belonging to Government.
(vi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
(vii) Application for service of notice of relinquishment of land or of enhancement of rent.
(viii) Written authority to an agent to distrain.
(ix) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
(x) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
(xi) Petition, application, charge or information respecting any offence, when presented, made or laid to or before a police officer.
(xii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.
(xiii) Complaint of a public servant as defined in the Indian Penal Code, 1860 (45 of 1860), a municipal officer, or an officer or servant of a Railway Company.
(xiv) Application for permission to cut timber in Government forests, or otherwise relating to such forests.
(xv) Application for the payment of money due by Government to the applicant.
(xvi) Petition of appeal against any municipal tax.
(xvii) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes.
(xviii) Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and 48.
Chapter IV
Probates, Letters of Administration and Certificates of Administration
--------------------------------------------------------------------------------------
### 19. Relief where too high a court-fee has been paid.
- Where any person on applying for the probate of a Will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if within six months after the true value of the property has been ascertained, such person,-
(a) produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted;
(b) delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation; and
(c) if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said authority may -
(a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
### 20. Relief where debts due from a deceased person have been paid out of his estate.
- Whenever it is proved to the satisfaction of the Authority referred to in section 19 that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same too sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.
But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his affects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.
### 21. Relief in case of several grants.
(1) Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
(2) Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.
### 22. Probates declared valid as to trust property though not covered by court-fees.
- The probate of the Will, or the letters of administration of the effects of any person deceased here to fore or nereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any moveable or immovable property whereof or whereto the deceased1 was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee-was paid on such probate or letters of administration.
### 23. Provision for case where too low a court-fee has been paid on probates etc.
- Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has after ward proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, Or if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court fee originally paid on such probate or letters.
Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
### 24. Administrator to give proper security before letters stamped under section 23.
- In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in the manner referred to in 5.23 until the Administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
### 25. Executions, etc., not paying full court-fee on probates etc., within six months after discovery of under-payment.
- Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent, on the amount of the sum wanting to make up the proper court-fee.
### 26. Notice of applications for probate or letters of administration to be given to Revenue Authorities and procedure thereon.
(1) Where an application for probate or letters of administration is made to any Court other than the High Court, the Court shall cause notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to the High Court, that Court shall cause notice of the application to be given to the Chief Controlling Revenue Authority.
(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof, is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if. on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property:
Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 317 of the Indian Succession Act, 1925 (39 of 1925).
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated and the Collector shall be deemed to be a party to the inquiry.
(6) For the proposes of any inquiry under sub-section (5), the Court or any person authorised by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property and such person shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue Authority of any application under section 23.
(8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3)
### 27. Payment of court-fee in respect of probates and letters of administration.
(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third Schedule, and the Court is satisfied that the fee mentioned in No. 9 of the First Schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under sub-section (4) of section 26.
### 28. Recovery of penalties etc.
(1) Any excess fee found to be payable on an inquiry held under sub-section (6) of section 26 and any penalty or forfeiture under section 25 may, on the certificate of the Chief Controlling Revenue, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector.
(2) The Chief Controlling Revenue Authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 23 or of any court-fee under section 23 in excess of the full court-fee which ought to have been paid.
### 29. Sections 6 and 37 not to apply to probates or letters of administration.
- Nothing in section 6 or section 37 shall apply to probates or letters of administration.
Chapter V
Process Fees
---------------------------
### 30. Rules as to costs of processes.
(1) The High Court shall, as soon as may be, make rules as to the following matters, namely:-
(a) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil Courts established within the local limits of such jurisdiction;
(b) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offence other than offences for which police officers may arrest without a warrant; and
(c) the remuneration of the person and all other persons employed by leave of a Court in the service or execution of processes.
(2) The High Court may from time to time alter or add to the rules made under sub-section (1).
(3) All rules made under sub-section (1) and all alterations and additions made under sub-section (2) shall, after being confirmed by the State Government, be published in the Official Gazette, and shall thereupon have the force of low,
(4) Until any rules are made and published under this section, the fees leviable immediately before the commencement of this Act for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
### 31. Exemption for certain processes.
(1) Notwithstanding anything contained in section 30 or in the rules made thereunder, no fees shall be charged for serving and executing processes on behalf of-
(a) the prosecution in any criminal proceedings taken on information presented or complaint made by a public officer acting in his official capacity; and
(b) a liquidator or an arbitrator appointed under the provisions of the Himachal Pradesh Co-operative Societies Act 1956 (13 of 1956).
(2) The State Government may by notification in the official Gazette determine what persons shall be deemed to be public officers for the purpose of sub-section (1).
### 32. Tables of process fees.
- A table in the English and vernacular languages, showing the fees chargeable for serving and executing processes shall be exposed to view in a conspicuous part of each Court.
### 33. Number of peons in districts and subordinate courts.
(1) Subject to such rules as may be made by the High Court and approved by the State Government every district judge and every Magistrate of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his court and each of the courts subordinate thereto.
(2) For the purposes of this section, every Court of small Causes established under section 5 of the Provincial Small Cause Courts Act, 1887, (9 of 1887) shall be deemed to be subordinate to the Court of the District Judge.
Chapter VI
Of the Mode of Levying Fees
-------------------------------------------
### 34. Collection of fees by stamps.
- All fees referred to in section 3 or chargeable under this Act shall be collected by stamps:
Provided that if the presiding judge or the Head of the Office as the case may be or in the case of the High Court, any Judge of such Court, may if he is satisfied that court-fees stamps are not available with the Stamp Vendor on the date of filing of the document to be stamped, order that the court-fees be collected in cash in any Government treasury and the receipt or challan therefor shall be duly given by the officer-in-charge thereof; and any such receipt or challan may, be used for the purposes of this Act and the rules thereunder, as if the receipt or challan were a stamp duly issued under this Act by the State Government for the amount paid.
### 35. Stamps to be impressed or adhesive.
- The stamps used to denote any fees chargeable under this Act shall be impressed, or adhesive, or partly impressed and partly adhesive, as the State Government may, by notification in the Official Gazette, from time to time, direct.
### 36. Rules for supply, number, renewal and keeping accounts of stamps.
(1) The State Government may, from time to time, make rules for regulating -
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in the High Court, such rules shall be made with the concurrence of the Chief Justice of such court.
(2) All rules made under sub-section (1) shall be published in the Official Gazette, and shall thereupon have the force of law.
### 37. Stamping documents inadvertently received.
- No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped, but if any such document is through mistake or inadvertence received, filed or used in any Court or office, without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of the High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
### 38. Amended document.
- Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.
### 39. Cancellation of stamp.
(1) No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any court or office until the stamp has been cancelled.
(2) Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure-head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.
Chapter VII
Miscellaneous
------------------------------
### 40. Admission in criminal cases of documents for which proper fee has not been paidr.
- Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding judge, necessary to prevent failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition
### 41. Sale of stamps.
(1) [The State Government may from time to time make rules]
[Rules framed vide Note No. 17.3/67 Revenue 1 dated the 29th march 1974 (appended) .]
for regulating the sale of stamas to by used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stomp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
### 42. Power to reduce or remit fees.
- The State Government may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or any part of the Union territory of Himachal Pradesh, all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order.
### 42A. [ Special provision regarding suits, appeals, revision etc. filed by or on behalf of the State Government before the Court.
[Inserted by Act No. 8 of 2017, dated 14.5.2017.]
- Notwithstanding anything contained in any other provisions of this Act, where a suit, appeal, revision, review or other pleading or document is filed or presented by or on behalf of the State Government or its officers in their official capacity before any court, no court fee shall be chargeable in respect of such suit, appeal, revision, review or other pleading or document under the provisions of this Act.]
### 43. Saving of fees to certain officers of the High Court.
- Nothing in Chapters II and VI of this Act shall apply to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary.
### 44. Repeal and savings.
- The Court-fees Act, 1870 (7 of 1870) as extended to the Union territory of Himachal Pradesh by the notification of the Government of India in the Ministry of Home Affairs No. GSR-517/(F4/4/63-UTL65), dated 18th March, 1964 and the Court-fees Act, 1870 (7 of 1870) as in force in the territories transferred to that Union territory under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) are hereby repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the said Acts or anything duly done or suffered thereunder; or
(b) any right, privillege, obligation or liability acquired, accrued or incurred under the said Acts; or
(c) any penalty, forfeiture or punishment, incurred in respect of any offence committed against the said Acts; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Acts had not been repealed.
### 45. Levy of fees in certain suits etc. instituted before the commencement of this Act.
(1) Notwithstanding anything contained in the Acts repealed under section 44, fees shall be levied in suits or other proceedings instituted on or after the 1st day of May, 1967 and pending immediately before the commencement of this Act in the High Court by virtue, and in the exercise, of its ordinary original civil jurisdiction as if this Act had been in force on the respective dates on which any such proceedings were instituted.
(2) Any fees levied in respect of suits or other proceedings instituted before the High Court by virtue, and in the exercise, of its ordinary original civil jurisdiction on or after the 1st day of May, 1967 and disposed of before the commencement of this Act shall be deemed to have been levied in accordance with law.
The First Schedule
(See section 3)
Ad valorem Fees
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
|
Number
|
|
Proper fee
|
|
Number
|
|
|
1
|
|
2
|
|
3
|
|
1.
|
Plaint, written statement pleading a set-off
or counter-claim or memorandum of appeal (not otherwise provided
for in this Act) or of cross-objection presented to any Civil or
revenue Court except those mentioned in section 3.
|
|
When the amount or value of the subject matter
in the dispute does not exceed five rupee.
|
|
Fifty paise
|
|
When such amount or value exceeds five rupees,
for every five rupees, or part thereof, in excess of five
rupees, upto one hundred rupee.When such amount or value
exceeds one hundred rupees, but does not exceed five hundred
rupees, for every ten rupees, or part thereof, in excess of one
hundred rupees, upto five hundred rupees.
|
|
Fifty paise
|
|
When such amount or value exceeds five hundred
rupees, for every ten rupees or part thereof, upto one thousand
rupees.
|
|
One rupee fifty paise.
|
|
When such amount or value exceeds one thousand
rupees, for every one hundred rupees or part thereof, in excess
of one thousand rupees, up to five thousand rupees.
|
|
Twelve rupees twenty paise.
|
|
When such amount or value exceeds five thousand
rupees, for every two hundred and fifty rupees, or part thereof,
in excess of five thousand rupees upto five thousand rupees
|
|
Twenty-four rupees forty paise.
|
|
When such amount or value exceeds ten thousand
rupees, for every five hundred rupees, or part thereof , in
excess of ten thousand rupees, upto twenty thousand rupees.
|
|
Thirty-six rupees fifty paise.
|
|
When such amount or value exceeds twenty
thousand rupees, for every one thousand rupees, or part thereof,
in excess of twenty thousand rupees, up to thirty thousand
rupees.
|
|
Forty-eight rupees eighty paise.
|
|
When such amount or value exceed thirty
thousand rupees, for every two thousand rupees or part thereof,
in excess of thirty thousand rupees, up to fifty thousand
rupees.
|
|
Forty- eight rupees eight paise.
|
|
When such amount or value exceeds fifty
thousand rupees, for every five thousand rupees, or part
thereof, in excess of fifty thousand rupees.
|
|
Forty-eight rupees eighty paise.
|
|
2.
|
Paint in a suit for possession under the
Specific relief Act, 1963 (47 of 1963) Section 6 .
|
|
|
|
A fee of one-half the amount prescribed in the
foregoing scale.
|
|
3.
|
Application for review of Judgement, if
presented on or after the ninetieth day from the date of the
rupee.
|
|
|
|
The fee leviable on the plaint or memorandum
of appeal.
|
|
4.
|
Application for review of judgement, if
presented before the ninetieth day from the date of the decree.
|
|
|
|
One half of the fee leviable on the paint or
memorandum of appeal.
|
|
5.
|
Copy of translation of judgement or order not
being, or having the force of, a decree.
|
|
When such judgment or order is passes by any
Civil Court other than the High Court or by the presiding
officer, or by any other Judicial or Executive Authority.
|
|
One rupee twenty-five paise.
|
|
When such judgement or oder is passed by the
High court.
|
Two rupees sixty-five paise.
|
|
6.
|
Copy of a decree or order having the force of a
decree.
|
|
When such decree or order is made by any civil
court other high court or by any revenue court.
|
|
Two rupee sixty-five paise.
|
|
When such decree or order is made by the high
court.
|
Five rupee twenty-five paise.
|
|
7.
|
Copy of any document to stamp duty under the
Indian stamp Act, 1899 (2 of 1899)When left by any party
to a suit or proceeding in place of the original withdrawn,
provided such copy is not subject to any duty under the Indian
Stamp Act, 1899 (2 of 1899).
|
|
(a) When the stamp duty chargeable on the
original exceeds seventy-five paise.
|
|
The amount of the duty chargeable on the
original.
|
|
(b) In any other case.
|
One rupee.
|
|
8.
|
Copy of any revenue or judicial proceeding or
order not otherwise provided for by this Act, or copy of any
account, statement, report or the like, taken out of any Civil
or Criminal or Revenue Court or Office, or from the office of
any Chief Officer charged with the executive administration of a
division.
|
|
For every three hundred and sixty-words or
fraction of three hundred and sixty words.
|
|
Sixty-five paise.
|
|
9.
|
Probate of a Will or letters of administration
with or without Will annexed.
|
|
When the amount or value of the property in
respect of which the grant of probate or letters is made exceeds
one thousand rupees, but does not exceed ten thousand rupees.
|
|
Two and one-half per centum on such amount or
value.
|
|
When such amount or value exceeds ten thousand
rupees but does not exceed fifty thousand rupee.
|
Three and one-quarter per centum on such amount
or value.
|
|
When such amount or
value exceeds fifty thousand rupees.
Provided that when after the grant of a
certificate under Part x of the Indian Succession Act, 1925 (39
of 1925) or under the Regulation of the Bombay Code No. 8 of
1827 in respect of any property included in an estate, a grant
of Probate or letters of administration is made in respect of
the same estate, the fee payable in respect of the latter grant
shall be reduced by the amount of the fee paid in respect of the
former grant.
|
Four per centum on such amount or value.
|
|
10.
|
Certificate under Part x of the Indian
Succession Act, 1925 (39 of 1925).
|
|
In any case
|
|
Two and one-half per
centum on the amount or value of any debt or security specified
in the certificate under section 374 of the Act, and four per
centum on the amount or security to which the certificate is
extend under Section 376 of the Act.Notes.(1) The
amount of a debt in its amount included interest, on the day on
which the inclusion of the debt in the certificate is applied
for, so far as such amount can be ascertained.
(2) Whether or not any power with respect to a
security specified in a certificate has been conferred under the
Act, and, where such a power has been so Conferred, whether the
power is for the receiving of interest or dividends on, or for the
negotiation or transfer of the security, or for both purposes,
the value of the security is its market value on the day on
which the inclusion of the security in the certificate is
applied for, so far as such value can be ascertained.
|
|
11.
|
Application to the High Court for the exercise
of its jurisdiction under paragraph 35 of the Himachal Pradesh,
(Courts) order, 1948 or to the court of the financial
Commissioner, Himachal Pradesh, for the exercise its revisional
jurisdiction under section 65 of the Himachal Pradesh Tenancy
and land Reforms Act, 1972 (8 of 1974).
|
|
When the amount or value of the subject matter
in dispute does not exceed twenty-five rupees.
|
|
Two rupees sixty-five paise.
|
|
When such amount or value exceeds twenty-five
rupees.
|
The fee leviable on memorandum of appeal.
|
| | | |
| --- | --- | --- |
|
When the amount of value of the subject-matter exceeds
|
But does not exceed
|
Proper fee
|
|
1
|
2
|
3
|
|
Rs.
|
Rs.
|
Rs.P.
|
|
|
5
|
0.50
|
|
5
|
10
|
1.00
|
|
10
|
15
|
1.50
|
|
15
|
20
|
2.00
|
|
20
|
25
|
2.50
|
|
25
|
30
|
3.00
|
|
30
|
35
|
3.50
|
|
35
|
40
|
4.00
|
|
40
|
45
|
4.50
|
|
45
|
50
|
5.00
|
|
50
|
55
|
5.50
|
|
55
|
60
|
6.00
|
|
60
|
65
|
6.50
|
|
65
|
70
|
7.00
|
|
70
|
75
|
7.50
|
|
75
|
80
|
8.00
|
|
80
|
85
|
8.50
|
|
85
|
90
|
9.00
|
|
90
|
95
|
9.50
|
|
95
|
100
|
10.00
|
|
100
|
110
|
11.00
|
|
110
|
120
|
12.00
|
|
120
|
130
|
13.00
|
|
130
|
140
|
14.00
|
|
140
|
150
|
15.00
|
|
150
|
160
|
16.00
|
|
160
|
170
|
17.00
|
|
170
|
180
|
18.00
|
|
180
|
190
|
19.00
|
|
190
|
200
|
20.00
|
|
200
|
210
|
21.00
|
|
210
|
220
|
22.00
|
|
220
|
230
|
23.00
|
|
230
|
240
|
24.00
|
|
240
|
250
|
25.00
|
|
250
|
260
|
26.00
|
|
260
|
270
|
27.00
|
|
270
|
280
|
28.00
|
|
280
|
290
|
29.00
|
|
290
|
300
|
30.00
|
|
300
|
310
|
31.00
|
|
310
|
320
|
32.00
|
|
320
|
330
|
33.00
|
|
330
|
340
|
34.00
|
|
340
|
350
|
35.00
|
|
350
|
360
|
36.00
|
|
360
|
370
|
37.00
|
|
370
|
380
|
38.00
|
|
380
|
390
|
39.00
|
|
390
|
400
|
40.00
|
|
400
|
410
|
41.00
|
|
410
|
420
|
42.00
|
|
420
|
430
|
43.00
|
|
430
|
440
|
44.00
|
|
440
|
450
|
45.00
|
|
450
|
460
|
46.00
|
|
460
|
470
|
47.00
|
|
470
|
480
|
48.00
|
|
480
|
490
|
49.00
|
|
490
|
500
|
50.00
|
|
500
|
510
|
76.50
|
|
510
|
520
|
78.00
|
|
520
|
530
|
79.50
|
|
530
|
540
|
81.00
|
|
540
|
550
|
82.50
|
|
550
|
560
|
84.00
|
|
560
|
570
|
85.50
|
|
570
|
580
|
87.00
|
|
580
|
590
|
88.50
|
|
590
|
600
|
90.00
|
|
600
|
610
|
91.50
|
|
610
|
620
|
93.00
|
|
620
|
630
|
94.50
|
|
630
|
640
|
96.00
|
|
640
|
650
|
97.50
|
|
650
|
660
|
99.00
|
|
660
|
670
|
100.50
|
|
670
|
680
|
102.00
|
|
680
|
690
|
103.50
|
|
690
|
700
|
105.00
|
|
700
|
710
|
106.50
|
|
710
|
720
|
108.00
|
|
720
|
730
|
109.50
|
|
730
|
740
|
111.00
|
|
740
|
750
|
112.50
|
|
750
|
760
|
114.00
|
|
760
|
770
|
115.50
|
|
770
|
780
|
117.00
|
|
780
|
790
|
118.50
|
|
790
|
800
|
120.00
|
|
800
|
810
|
121.50
|
|
810
|
820
|
123.00
|
|
820
|
830
|
124.50
|
|
830
|
840
|
126.00
|
|
840
|
850
|
127.50
|
|
850
|
860
|
129.00
|
|
860
|
870
|
130.50
|
|
870
|
880
|
132.00
|
|
880
|
890
|
133.50
|
|
890
|
900
|
135.00
|
|
900
|
910
|
136.50
|
|
910
|
920
|
138.00
|
|
920
|
930
|
139.50
|
|
930
|
940
|
141.00
|
|
940
|
950
|
142.50
|
|
950
|
960
|
144.00
|
|
960
|
970
|
145.50
|
|
970
|
980
|
147.00
|
|
980
|
990
|
148.50
|
|
990
|
1,000
|
150.00
|
|
1,000
|
1,100
|
162.20
|
|
1,100
|
1,200
|
174.40
|
|
1,200
|
1,300
|
186.60
|
|
1,300
|
1,400
|
198.80
|
|
1,400
|
1,500
|
211.00
|
|
1,500
|
1,600
|
223.20
|
|
1,600
|
1,700
|
235.40
|
|
1,700
|
1,800
|
247.60
|
|
1,800
|
1,900
|
259.80
|
|
1,900
|
2,000
|
272.00
|
|
2,000
|
2,100
|
284.20
|
|
2,100
|
2,200
|
296.40
|
|
2,200
|
2,300
|
308.60
|
|
2,300
|
2,400
|
320.80
|
|
2,400
|
2,500
|
333.00
|
|
2,500
|
2,600
|
345.20
|
|
2,600
|
2,700
|
357.40
|
|
2,700
|
2,800
|
369.60
|
|
2,800
|
2,900
|
381.80
|
|
2,900
|
3,000
|
394.00
|
|
3,000
|
3,100
|
406.20
|
|
3,100
|
3,200
|
418.40
|
|
3,200
|
3,300
|
430.60
|
|
3,300
|
3,400
|
442.80
|
|
3,400
|
3,500
|
455.00
|
|
3,500
|
3,600
|
467.20
|
|
3,600
|
3,700
|
479.40
|
|
3,700
|
3,800
|
491.60
|
|
3,800
|
3,900
|
503.80
|
|
3,900
|
4,000
|
516.00
|
|
4,000
|
4,100
|
528.20
|
|
4,100
|
4,200
|
540.40
|
|
4,200
|
4,300
|
552.60
|
|
4,300
|
4,400
|
564.80
|
|
4,400
|
4,500
|
577.00
|
|
4,500
|
4,600
|
589.20
|
|
4,600
|
4,700
|
601.40
|
|
4,700
|
4,800
|
613.60
|
|
4,800
|
4,900
|
625.80
|
|
4,900
|
5,000
|
638.00
|
|
5,000
|
5,250
|
662.40
|
|
5,250
|
5,500
|
686.80
|
|
5,500
|
5,750
|
711.20
|
|
5,750
|
6,000
|
735.60
|
|
6,000
|
6,250
|
760.00
|
|
6,250
|
6,500
|
784.40
|
|
6,500
|
6,750
|
808.80
|
|
6,750
|
7,000
|
833.20
|
|
7,000
|
7,250
|
857.60
|
|
7,250
|
7,500
|
882.00
|
|
7,500
|
7,750
|
906.40
|
|
7,750
|
8,000
|
930.80
|
|
8,000
|
8,250
|
955.20
|
|
8,250
|
8,500
|
979.60
|
|
8,500
|
8,750
|
1,004.00
|
|
8,750
|
9,000
|
1,028.40
|
|
9,000
|
9,250
|
1,052.80
|
|
9,250
|
9,500
|
1,077.20
|
|
9,500
|
9,750
|
1,101.60
|
|
9,750
|
10,000
|
1,126.00
|
|
10,000
|
10,500
|
1,162.50
|
|
10,500
|
11,000
|
1,199.00
|
|
11,000
|
11,500
|
1,235.50
|
|
11,500
|
12,000
|
1,272.00
|
|
12,000
|
12,500
|
1,308.50
|
|
12,500
|
13,000
|
1,345.00
|
|
13,000
|
13,500
|
1,381.50
|
|
13,500
|
14,000
|
1,418.00
|
|
14,000
|
14,500
|
1,454.50
|
|
14,500
|
15,000
|
1,491.00
|
|
15,000
|
15,500
|
1,527.50
|
|
15,500
|
16,000
|
1,564.00
|
|
16,000
|
16,500
|
1,600.50
|
|
16,500
|
17,000
|
1,637.00
|
|
17,000
|
17,500
|
1,673.50
|
|
17,500
|
18,000
|
1,710.00
|
|
18,000
|
18,500
|
1,746.50
|
|
18,500
|
19,000
|
1,783.00
|
|
19,000
|
19,500
|
1,819.50
|
|
19,500
|
20,000
|
1,856.00
|
|
20,000
|
21,000
|
1,904.80
|
|
21,000
|
22,000
|
1,953.60
|
|
22,000
|
23,000
|
2,002.40
|
|
23,000
|
24,000
|
2,051.20
|
|
24,000
|
25,000
|
2,100.00
|
|
25,000
|
26,000
|
2,148.80
|
|
26,000
|
27,000
|
2,197.60
|
|
27,000
|
28,000
|
2,246.40
|
|
28,000
|
29,000
|
2,295.20
|
|
29,000
|
30,000
|
2,344.00
|
|
30,000
|
32,000
|
2,392.80
|
|
32,000
|
34,000
|
2,441.60
|
|
34,000
|
36,000
|
2,490.40
|
|
36,000
|
38,000
|
2,539.20
|
|
38,000
|
40,000
|
2,588.00
|
|
40,000
|
42,000
|
2,636.80
|
|
42,000
|
44,000
|
2,685.60
|
|
44,000
|
46,000
|
2,734.40
|
|
46,000
|
48,000
|
2,783.20
|
|
48,000
|
50,000
|
2,832.00
|
|
50,000
|
55,000
|
2,880.80
|
|
55,000
|
60,000
|
2,929.60
|
|
60,000
|
65,000
|
2,978.40
|
|
65,000
|
70,000
|
3,027.20
|
|
70,000
|
75,000
|
3,076.00
|
|
75,000
|
80,000
|
3,124.80
|
|
80,000
|
85,000
|
3,173.60
|
|
85,000
|
90,000
|
3,222.40
|
|
90,000
|
95,000
|
3,271.20
|
|
95,000
|
1,00,000
|
3,320.000
|
|
1,00,000
|
1,05,000
|
3,368.80
|
|
1,05,000
|
1,10,000
|
3,417.60
|
|
1,10,000
|
1,15,000
|
3,466.40
|
|
1,15,000
|
1,20,000
|
3,515.20
|
|
1,20,000
|
1,25,000
|
3,564.00
|
|
1,25,000
|
1,30,000
|
3,612.80
|
|
1,30,000
|
1,35,000
|
3,661.60
|
|
1,35,000
|
1,40,000
|
3,710.40
|
|
1,40,000
|
1,45,000
|
3,759.20
|
|
1,45,000
|
1,50,000
|
3,868.00
|
|
1,50,000
|
1,55,000
|
3,856.80
|
|
1,55,000
|
1,60,000
|
3,905.60
|
|
1,60,000
|
1,65,000
|
3,954.40
|
|
1,65,000
|
1,70,000
|
4,003.20
|
|
1,70,000
|
1,75,000
|
4,052.00
|
|
1,75,000
|
1,80,000
|
4,100.80
|
|
1,80,000
|
1,85,000
|
4,149.60
|
|
1,85,000
|
1,90,000
|
4,198.40
|
|
1,90,000
|
1,95,000
|
4,247.20
|
|
1,95,000
|
2,00,000
|
4,296.00
|
|
2,00,000
|
2,05,000
|
4,344.80
|
|
2,05,000
|
2,10,000
|
4,393.60
|
|
2,10,000
|
2,15,000
|
4,442.40
|
|
2,15,000
|
2,20,000
|
4,491.20
|
|
2,20,000
|
2,25,000
|
4,540.00
|
|
2,25,000
|
2,30,000
|
4,588.80
|
|
2,30,000
|
2,35,000
|
4,637.60
|
|
2,35,000
|
2,40,000
|
4,686.40
|
|
2,40,000
|
2,45,000
|
4,735.20
|
|
2,45,000
|
2,50,000
|
4,784.00
|
|
2,50,000
|
2,55,000
|
4,832.80
|
|
2,55,000
|
2,60,000
|
4,881.60
|
|
2,60,000
|
2,65,000
|
4,930.46
|
|
2,65,000
|
2,70,000
|
4,979.20
|
|
2,70,000
|
2,75,000
|
5,028.00
|
|
2,75,000
|
2,80,000
|
5,076.80
|
|
2,80,000
|
2,85,000
|
5,125.60
|
|
2,85,000
|
2,90,000
|
5,174.40
|
|
2,90,000
|
2,95,000
|
5,223.20
|
|
2,95,000
|
3,00,000
|
5,272.00
|
|
3,00,000
|
3,05,000
|
5,320.80
|
|
3,05,000
|
3,10,000
|
5,369.60
|
|
3,10,000
|
3,15,000
|
5,418.40
|
|
3,15,000
|
3,20,000
|
5,467.20
|
|
3,20,000
|
3,25,000
|
5,516.00
|
|
3,25,000
|
3,30,000
|
5,564.80
|
|
3,30,000
|
3,35,000
|
5,613.60
|
|
3,35,000
|
3,40,000
|
5,662.40
|
|
3,40,000
|
3,45,000
|
5,711.20
|
|
3,45,000
|
3,50,000
|
5,760.00
|
|
3,50,000
|
3,55,000
|
5,808.80
|
|
3,55,000
|
3,60,000
|
5,857.60
|
|
3,60,000
|
3,65,000
|
5,906.40
|
|
3,65,000
|
3,70,000
|
5,955.20
|
|
3,70,000
|
3,75,000
|
6,004.00
|
|
3,75,000
|
3,80,000
|
6,052.80
|
|
3,80,000
|
3,85,000
|
6,101.60
|
|
3,85,000
|
3,90,000
|
6,150.40
|
|
3,90,000
|
3,95,000
|
6,199.20
|
|
3,95,000
|
4,00,000
|
6,248.00
|
And when the amount or value of the subject-matter exceeds rupees 4,00,000 (four lacs) the proper fee leviable shall be Rs.6,248 (six thousand two hundred and forty-eight) plus forty-eight rupees
eighty paise for each five thousand rupees or part thereof, in excess of rupees 4,00,000 (four lacs).
The Second Schedule
(See section 3)
Fixed Fees
| | | | | |
| --- | --- | --- | --- | --- |
|
Number
|
|
|
|
Proper fee
|
|
1
|
|
2
|
|
3
|
|
1. Application or petition.
|
|
(a) When presented to any Officer of the
Customs or Excise Department or to any Magistrate by any person
having dealings with the Government and when the subject-matter
or such application relates exclusively to those dealings;
or when presented to any Officer of Land
Revenue by any person holding temporarily settled land under
direct engagement with Government, and when the subject-matter
of the application or petition relates exclusively to such
engagement;
or when presented to any Municipal Commissioner
under any Act for the time being in force for the conservancy or
improvement of any place, if the application or petition relates
solely to such conservancy or improvement;
or when presented to any Civil Court other than
a principal Civil Court of original jurisdiction; or to any
Court of Small Causes established under section 5. of the
Provincial Small Cause Courts Act, 1887 (9 of 1887), or to a
Collector or other officer of Revenue in relation to any suit or
case 1n which the amount or value of the subject-matter is less
than fifty rupees;
or when presented to any Civil, Criminal or
Revenue Court, or to any Board or Executive Officer for the
purpose of obtaining a copy or translation of any judgement,
decree, or order passed by such Court, Board or Officer, or of
any other document on record in such Court or Office.
|
|
|
Forty paise.
|
|
|
|
|
|
(b) When containing a complaint or charge of
any offence other than an offence for which police officers may
under the Code of criminal Procedure, 1898 (5 of 1898) arrest
without warrant, and presented to any Criminal Court;
or when presented to a Civil, Criminal or
Revenue Court, or to Collector, or any Revenue Officer having
jurisdiction equal or subordinate to a Collector, or to any
Magistrate in his executive capacity, and not otherwise provided
for by this Act;
or to deposit in Court revenue or rent; or for
determination by a Court of the amount of compensation to be
paid by a landlord to this tenant.
(c) When presented to a Chief Controlling
Revenue or Executive Authority, or to a Commissioner of Revenue
or Circuit, or to any Chief Officer charged with the Executive
Administration of a Division and not otherwise provided for by
this Act.
|
|
|
One rupee twenty-five paise.
|
|
(d) When presented to the High Court
|
|
|
|
(i) under the Companies Act, 1956 (1 of 1956)
for winding up a company;
|
|
Rupees two hundred and sixty.
|
|
(ii) under the same Act for taking some other
judicial action;
|
|
Thirteen rupees.
|
|
(iii) under Article 226 of the Constitution of
India other than petitions for habeas corpus and petitions
arising out of criminal proceedings;
|
|
Sixty rupees.
|
|
(iv) in al1 other cases.
|
|
Two rupees sixty-five paise.
|
|
2. Application to any Civil Court that records
may be called for from another Court.
|
|
When the court grants the application and is of
opinion that the transmission of such records involves the use
of the post.
|
|
One rupee in addition to any fee levied on the
application under-
clause (a) , clause (b), or clause (d) of
article 1 of this Schedule.
|
|
3. Application for leave to sue as a pauper.
|
|
..
|
|
One rupee twenty-five paise.
|
|
4. Application for leave to appeal as pauper.
|
|
(a) When presented to a District Court.
|
|
One rupee twenty-five paise.
|
|
(b) When presented to a Commissioner or the
High Court.
|
|
Two rupees sixty-five paise.
|
|
5. Plaint or memorandum of appeal in a suit to
establish or disprove a right of occupancy.
|
|
..
|
|
One rupee twenty-five paise.
|
|
6. Bail-bandor other Instrument of obligation
given in pursuance of an order made by a Court or Magistrate
under any section of the Code of Criminal Procedure, 1898 (5 of
1898) , or the Code of Civil Procedure, 1908 (5 of 1908) and not
otherwise provided for by this Act.
|
|
..
|
|
Sixty-five paise.
|
|
7. Undertaking under section 49 of the Indian
Divorce Act, 1869 (4 of 1869).
|
|
..
|
|
One rupee twenty-five paise.
|
|
8. Mukhtarnama or Wakalatnama.
|
|
When presented for the conduct of any case,-
|
|
|
|
(a) to any Civil or Criminal Court other than
the High Court, or to any Collector or Magistrate or other
Executive Officer except such as are mentioned in clauses (b) |
|
One rupee twenty-five paise.
|
|
(b) to a Commissioner of Revenue, Circuit or
Customs or to any officer charged with the Executive
Administration of a Division, not being the Chief Revenue or
Executive Authority;
|
|
One rupee twenty-five paise.
|
|
(c) to the High Court, Board of Revenue, or
other Chief Control1ing Revenue or Executive Authority.
|
|
Two rupees sixty-five paise
|
|
9. Memorandum of appeal, when the appeal is not
from a decree or an order having the force of a decree, and is
presented.
|
|
(a) to any Civil Court other than High Court or
to any Revenue Court or Executive Officer other than the High
Court or Chief Controlling Revenue or Executive Authority;
|
|
One rupee twenty-five paise.
|
|
(b) to the High Court or Chief Control1ing
Executive or Revenue Authority.
|
|
Five rupees twenty-five paise.
|
|
10. Caveat
|
|
..
|
|
Six rupees fifty paise.
|
|
11. Petition in a suit under the Converts
Marriage Dissolution Act, 1866 (21 of 1866).
|
|
..
|
|
Six rupees fifty paise.
|
|
12. Every petition or application or
memorandum or appeal under the Special Marriage Act, 1954 (43 of
1954)or the Hindu Marriage Act, 1955 (25 of 1955).
|
|
..
|
|
Nineteen rupees fifty paise.
|
|
13.Plaint or memorandum of appeal in each of
the following suits:
(i) to alter or set aside a summary decision or order of any of
the Civil Courts not established by Letters patent or of any
Revenue Court;
(ii) to alter or cancel any entry in a register of the names of
the proprietors of revenue paying estates;
(iii) to obtain a declaratory decree where no consequential
relief is prayed;
(iv) to set aside an award;
(v) to set aside an adoption;
(vi) every other suit where it is not possible to estimate at a
money value the subject matter in dispute and which is not
otherwise provided for by this Act.
|
|
|
..
|
|
Nineteen rupees fifty paise.
|
|
14. Application under section 20 of the Indian
Arbitration Act, 1940 (10 of 1940).
|
|
..
|
|
Thirteen rupees.
|
|
15. Agreement in writing stating a question for
the opinion of the Court under the Code of Civil Procedure, 1908
(5 of 1908).
|
|
..
|
|
Thirteen rupees.
|
|
16. Every petition under the Indian Divorce
Act, 1899 (4 of 1899) except petitions under section 44 of the
same Act, and every memorandum of appeal under section 55 of the
same Act.
|
|
..
|
|
Thirty-nine rupees.
|
|
17. Plaint or memorandum of appeal under the
Parsi Marriage and Divorce Act,1936 (3 of 1936).
|
|
..
|
|
Thirty-nine rupees.
|
|
18. Plaint or memorandum of appeal in a suit by
a reversioner under the Himachal Pradesh Customary Law for
declaration in respect of an alienation of ancestral land.
|
|
..
|
|
Nineteen rupees fifty paise.
|
|
19. Application or memorandum of appeal for
relief under the East Punjab Urban Rent Restriction Act, 1949 (3
of 1949) as in force in Himachal Pradesh.
|
|
..
|
|
Thirteen rupees
|
|
20. Claims for money (whether secured or
un-secured or a claim o set off made against such claims or
counter-claims under the banking regulation Act, 1949 (Act 10 of
1949).
|
|
|
(a) Where the amount does not exceeds Rs.
2,500.
|
|
Ninteen rupees fifty paise.
|
|
(b) Where the amount exceeds Rs. 2,500 but does
not exceeds Rs. 10,000.
|
|
Thirty nine rupees.
|
|
(c) where the amount Rs. 10,000.
|
|
Sixty-five rupees.
|
|
|
|
21. Memorandum of appeal from and order or
decision passed under the provision of section 45-B of the
Banking Regulation Act, 1949 (Act 10 of 1949).
|
|
|
(a) where the amount exceeds Rs. 5,000 but does
not exceed Rs. 10,000.
|
|
Seventy-eight rupees.
|
|
(b) where the amount exceeds Rs. 10,000.
|
|
One hundred and thirty rupees.
|
The Third Schedule
(See section 27)
Form of Valuation (To Be Used with such Modifications, If any, as May be Necessary)
In The Court of Re-Rrobate of the Will of.................. (or administration of the property and credits of....................................................)deceased.
Solemny affirmmake oath
and say that I am the executor (or one of the executors or one of the next-of-kin) of.............................deceased, and that I have truly set forth in Annexure 'A' to this affidavit all the property and credits of which the above named deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come, to my hands.
### 2. I further say that I have also truly set forth in Annexure 'B' all the items I am by law allowed to deduct. ###
3. I further say that the said assets, exclusive only of such last-mentioned items, but inclusive of all rents, interest, dividends and.increased values since the date of the death of the said deceased are under the value of-
Annexure 'A'
Valuation Of The Movable And Immovable Property of ....................................................deceased Cash in the house and at the banks, household goods, wearing-apparel, books plate, jewels, etc.
(State estimated value according to best of Executor's or Administrator's belief)
Property in Government securities transerable at the Public Debt Office.
(State description and value at the price of the day; also the interest separately, calculating it to the time of making the application)
Immovable property consisting of..................................
(State description, giving in the case of houses, the assessed value if any, and the number of years assessment, the market-value is estimated at, and, in the case of land, the area, the market-value and all rents that have accured).
Lease-hold property...................
(If the deceased held any leases for years, determinable, state the number of years purchase, the profit, rents are estimated to the worth and the value of such inserting separately arrears due at the date of death and all rents received or due since that date to the time of making the application).
Property in Public Companies-
(State the particulars and the value calculated at the price of the day; also the interest separately, calculating it to the time of making the application).
Policy of insurance upon life, money out on mortgage and other securities such as bonds, mortgages, bills, notes and other securities for money.
(State the amount of the whole; also the interest separately, calculating it to the time of making the application).
Book debts..........................................
(Other than bad)...........................................
Stock in trade...................................................
(State the estimated value, if any).
Other property not comprised under the foregoing heads (State the estimated value, if any).
Deduct amount shown in Annexure 'B' not subject to duty
Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Net Total :\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Annexure 'B'
of Debts, Etc.
----------------
Rs.P.
Amount of debts due and owing from the deceased, payable by law out of the estate
Amount of funeral expenses...................................................................
Amount of mortgage incumbrances.........................................................
Property held in trust not beneficially or with general power to confer a beneficial interest.......................................................................
Other property not subject to duty....................
Total
\_\_\_\_\_\_\_\_
Government of Himachal Pradesh Revenue Department (Stamp-Regn.)
Rev.l-6(Stamp) l/81, Dated Shimla 2, the 22nd October 1984
Notifications
In exercise of the powers conferred by Section 42 of the Himachal Pradesh Court Fees Act, 1968, (Act
No. 8 of 1968
), the Governor, Himachal Pradesh is pleased to direct that the part of the institution fee/court fee as specified in column 2 of the Schedule hereto annexed shall be refunded to the plaintiff by the Courts of the Himachal Pradesh in the Suits disposed of by them under the circumstances specified in column 1 of the said Schedule.
By Order
Secretary (Revenue) to the Government of Himachal Pradesh.
Suits
-------
| | | |
| --- | --- | --- |
|
1.
|
Suit in which decree is passed in accordance with agreement,
compromise or satisfaction recorded in terms of order XXIII rule
3 of the Code of Civil Procedure, 1908, before the recording of
any evidence
|
Two-thirds.
|
|
2.
|
In summary suit under order XXXII in the First Schedule to
the Code of Civil Procedure, 1908, where leave to defend is
refused or where the defendant does not appear.
|
Two-thirds.
|
|
3.
|
Suits the claim in which is admitted but only time or
instalment for payment is asked for
|
Two-thirds.
|
|
4.
|
Suit which is got dismissed by a plaintiff for want of
prosecution before recording of any evidence.
|
Two-thirds
|
|
5.
|
Suit which is withdrawn unconditionally by the plaintiff
(before recording of any evidence) as settled out of Court.
|
Two-thirds.
|
|
6.
|
Suit in which the plaint is rejected without issuing summons
to the defendant as not disclosing any cause of action, or as
barred by the Law of Limitation.
|
Three-fourth
|
|
7.
|
Suit in which judgement is given on admission under Rule 6 of
Order XII in the First Schedule to the Code of Civil Procedure,
1908, before the recording of any evidence.
|
Two-thirds of the amount of institution fee of the claim
admitted
|
|
8.
|
Suit which abates because the right to sue does not survive
for the legal representatives of a deceased litigant.
|
Two-thirds.
|
|
9.
|
Suits in which the plaint is returned by the High Court for
the purposes of being presented to a Court outside the State of
Himachal Pradesh in which the suit should have been instituted on
an undertaking given by the plaintiff that the plaint shall not
be presented to any court within the State.
|
Two-Thirds
|
|
65ba6da5ab84c7eca86eb496 | acts |
Union of India - Act
----------------------
The West Bengal Legislative Council (Abolition) Act, 1969.
------------------------------------------------------------
UNION OF INDIA
India
The West Bengal Legislative Council (Abolition) Act, 1969.
============================================================
Act 20 of 1969
----------------
* Published on 25 July 1969
* Commenced on 25 July 1969
The West Bengal Legislative Council (Abolition) Act, 1969.
ACT NO. 20 OF 1969
### 1297. [25th July, 1969]
An Act to provide for the abolition of the Legislative Council of the State of West Bengal and for matters supplemental, incidental and consequential thereto.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:--
### 1. Short title and commencement.
(1) This Act may be called the West Bengal Legislative Council (Abolition) Act, 1969.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
| |
| --- |
|
Enforced w.e.f. 1st August, 1969: vide Notification No. G.S.R. 1791, dated 28th July, 1969, see Gazette of India, 1969, Extraordinary, Pt. II, Section 3 (i) , p. 549.
|
### 2. Definitions.
-In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means, as respects a law relating to a matter enumerated in List I in the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government;
(b) "article" means an article of the Constitution;
(c) "Council" means the Legislative Council of the State of West Bengal;
(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the State of West Bengal;
(e) "Legislative Assembly" means the Legislative Assembly of the State of West Bengal.
### 3. Abolition of the Council.
(1) The Legislative Council of the State of West Bengal is hereby abolished.
(2) On the abolition of the Council, every member thereof shall cease to be such member.
### 4. Amendment of article 168.
-In sub-clause (a) of clause (1) of article 168, for the words "Uttar Pradesh and West Bengal", the words "and Uttar Pradesh" shall be substituted.
### 5. Amendment of Act
43 of 1950
.
-In the Representation of the People Act, 1950,-
(a) in the Third Schedule, entry No. 9 relating to West Bengal shall be omitted;
(b) in the Fourth Schedule, the heading "West Bengal" and the entries thereunder shall be omitted.
### 6. Repeal of Delimitation of Council Constituencies (West Bengal) Order, 1951.
-The Delimitation of Council Constituencies (West Bengal) Order, 1951, is hereby repealed.
### 7. Provision as to pending Bills.
(1) A Bill pending in the Council immediately before the commencement of this Act which has not been passed by the Legislative Assembly shall lapse on the abolition of the Council.
(2) A Bill pending in the Council immediately before the commencement of this Act which has been passed by the Legislative Assembly shall not lapse on the abolition of the Council, but on such abolition shall be deemed to have been passed before such com encement by both Houses of the Legislature of the State of West Bengal in the form in which it was passed by the Legislative Assembly.
(3) If a Bill which having been passed by the Legislative Assembly is, before the commencement of this Act, either rejected by the Council or passed by the Council with amendments, the legislative Assembly may, after such commencement, pass the Bill aga n with or without such amendments, if any, as have been made by the Council and the Bill so passed shall be deemed to be a Bill introduced in and passed by the Legislative Assembly after the commencement of this Act.
### 8. Power to adapt laws.
-The appropriate Government may, before the expiration of one year from the commencement of this Act, by order, make such adaptations and modifications of any law made before such commencement, whether by way of repeal or amendment as may be necessary or expedient in consequence of the abolition of the Council under section 3, and thereupon every such law shall have effect subject to the adaptations and modifications so made.
### 9. Power to construe laws.
-Notwithstanding that no provision or insufficient provision has been made under section 8 for the adaptation or modification of a law made before the commencement of this Act, any court, tribunal or authority required or empowe ed to enforce such law may construe the law in such manner, without affecting the substance, as may be necessary or proper on account of the abolition of the Council, in regard to the matter before the court, tribunal or authority.
|
65b99e4dab84c7eca86e977b | acts |
State of Haryana - Act
------------------------
The Punjab Slum Areas (Improvement and Clearance) Act, 1961
-------------------------------------------------------------
HARYANA
India
The Punjab Slum Areas (Improvement and Clearance) Act, 1961
=============================================================
Act 24 of 1961
----------------
* Published on 18 May 1961
* Commenced on 18 May 1961
The Punjab Slum Areas (Improvement and Clearance) Act, 1961
Punjab Act
No. 24 of 1961
Statement of objects and reasons. - "The slum dwellers are not willing to pull down their houses and Government cannot demolish these houses to implement the Slum Clearance Scheme. Government can also not execute the work of improvement in slum areas to render the buildings fit for human habitation unless they are legally empowered to do so. Moreover, Government can also not require the land owner to execute any work of improvement in relation to any building in a slum area or to re-develop any Clearance area. Necessity is therefore felt to enact a law to overcome these difficulties. The Bill accordingly seeks to make provisions for these matters".
Punjab Government Gazette Extraordinary, dated the 17th October, 1960.
Statement of Objects and Reasons - Haryana Act 7 of 1990. - There is mushroom growth of un-authorised colonies by the Jhugi, Jhopries/Slum dwellers in the Industrial cities and other towns of the State of Haryana. This problem is particularly being experienced in Faridabad, Ballabhgarh, Yamuna Nagar, Sonepat and Panipat towns of the State. In the absence of basic amenities, these un-authorised colonies have turned into slums and pose serious problems in the State of Haryana.
The number of slums in the industrial cities and towns of the Haryana State is further increasing day-by-day and is a source of danger to public health and sanitation of the area. In order to provide for the removal of un-hygenic and in-sanitary conditions prevailing in the slum, for better accommodation and improved living conditions of slum dwellers, for the promotion of public health and the purpose of improving, developing or re- developing slum areas, clearance of slums and rehabilitation of slum dwellers, immediate necessity has been realised for the constitution of a Board to be known as Haryana Slum Clearance Board, to achieve the above objectives and to carry out the purpose of the Punjab Slums Areas (Improvement and Clearance) Act, 1961.
Hence this Bill.
Published vide Haryana Government Gazette (Extraordinary) , dated the 17th March, 1990, page 439.
Received the assent of the President of India on the 18th May, 1961, and was first published for general information in the Punjab Government Gazette (Extraordinary) , Legislative Supplement, of the 10th June, 1961.
An Act to provide for the improvement and clearance of slum areas in the State of Punjab and for the protection of tenants in such areas from eviction.
Be it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows :-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Punjab Slum Areas (Improvement and Clearance) Act, 1961.
(2) It shall extend to the whole of the State of [Haryana]
[Substituted by Haryana Adoption of Laws Order 1968.]
.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint; and different dates may be appointed for different areas.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) 'building' includes any structure or erection or any part of a building as so defined but does not include plant or machinery comprised in a building;
(aa) [ 'Board' means the Haryana Slum Clearance Board established under Section 21-A;]
[Inserted by Haryana Act No. 7 of 1990.]
(b) 'competent authority' means such officer or authority as the State Government may by notification in the Official Gazette, appoint as the competent authority for the purposes of this Act;
(c) 'erection' in relation to a building includes the extension, alteration or re-erection;
(d) 'work of improvement' includes in relation to any building in a slum area the execution of any one or more of the following works, namely :-
(i) necessary repairs;
(ii) structural alterations;
(iii) provision of light points and water taps;
(iv) construction of drains, open or covered;
(v) provision of latrines;
(vi) provision of additional or improved fixture or fittings;
(vii) opening up or paving of courtyards;
(viii) removal of rubbish; and
(ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above;
(e) 'occupier' includes an owner in occupation of or otherwise using his own land or building;
(f) 'owner' includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or as agent or trustee or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant;
(g) 'prescribed' means prescribed by rules made under this Act;
(gg) [ 'slum area' means any area declared to be a slum area under sub-section (1) of Section 3;]
(h) 'slum clearance' means the clearance of any slum area by the demolition and removal of buildings therefrom; and
(i) 'State Government' means the Government of the State of [Haryana]
[Substituted by Haryana Adoption of Laws Order 1968.]
.
Chapter II
Slum Areas
--------------------------
### 3. Declaration of slum areas.
(1) Where the competent authority upon report from any of its officer or other information in its possession is satisfied as respects any area that the buildings in that area -
(a) are in any respect unfit for human habitation,
(b) are by reason of dilapidation, overcrowding, or
faulty arrangements and design of such building, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities or any combination of these factors, detrimental to safety, health or morals,
it may, by notification in the Official Gazette, declare such area to be a slum area.
(2) In determining whether a building is unfit for human habitation for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say -
(a) repairs;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of waste water;
and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
[Chapter II-A]
[Chapter II-A inserted by Haryana Act No. 7 of 1990.]
### 3A. [ Registration of buildings in slum areas.
[Inserted by Haryana Act No. 7 of 1990.]
(1) The owner or occupier of every building situated in any slum area shall send to the competent authority a statement in such form and within such period as may be prescribed.
(2) On receipt of the statement under sub-section (1) the competent authority shall, on being satisfied about the correctness of the statement, register the building in a register maintained for the purpose and containing such particulars as may be prescribed and shall issue, in the prescribed form, a registration certificate to the owner or occupier of the building.
### 3B. Restriction on erection of buildings etc. in slum areas.
(1) The competent authority may, by notification, direct that no person shall erect any building in a slum area except with the prior permission in writing of the competent authority.
(2) Every notification issued under sub-section (1) shall cease to have effect on the expiry of two years from the date of issue.
(3) Every person desiring to obtain permission referred to in sub-section (1) shall make an application in writing to the competent authority, in such form and containing such information in respect of the erection of the building as may be prescribed.
(4) On receipt of such application the competent authority, after making such enquiry as it considers necessary, shall, by order in writing -
(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or
(b) refuse to grant such permission :
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(5) Nothing contained in sub-section (1) shall apply to -
(a) any work of improvement required to be executed by a notice under sub-section (1) of Section 4 or in pursuance of an undertaking given under sub-section (2) of 7; or
(b) the erection of any building in any area in respect of which order has been issued under sub-section (1) of Section 9.]
Chapter III
Slum Improvement
---------------------------------
### 4. Power of competent authority to require improvement of buildings unfit for human habitation.
(1) Where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in the opinion of the authority those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building whether as lessee, mortgagee or otherwise.
(3) In determining, for the purposes of this Act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
### 5. Enforcement of notice requiring execution of works of improvement.
(1) If a notice under section 4 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the competent authority may itself do the works required to be done by the notice.
(2) All expenses incurred by the competent authority under this section, together with interest, at such rate as the State Government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by the competent authority from the owner of the building as arrears of land revenue :
Provided that if the owner proves that he -
(a) is receiving the rent merely as agent or trustee for some other person; and
(b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hand as aforesaid.
(3) If the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the competent authority under this section are recoverable from both these persons then such expenses shall be recovered from them in such proportion as may be determined by the competent authority or by an officer empowered by it in this behalf.
### 6. Expenses of maintenance of works of improvement, etc. to be recoverable from the occupiers of buildings.
- Where works of improvement have been executed in relation to any building in a slum area in pursuance of the provisions of sections 4 and 5, the expenses incurred by the competent authority or, as the case may be, any local authority in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be recoverable from the occupier or occupiers of the building as arrears of land revenue.
### 7. Power of competent authority to order demolition of buildings unfit for human habitation.
(1) Where a competent authority upon a report from any of its officers or other information in its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the person upons whom a notice has been served under sub-section (1), appears in pursuance thereof before the competent authority and gives an undertaking to the authority that such person shall within a period specified by the authority execute such works of improvement in relation to the building as will in the opinion of the authority render the building fit for human habitation or that it shall not be used for human habitation until the authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building.
(3) If no undertaking as is mentioned in sub-section (2) is given or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the competent authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period. But the competent authority before the demolition of the building shall arrange for an alternative accommodation for the occupier or occupiers.
### 8. Procedure to be followed where demolition order has been made.
(1) Where an order for demolition of a building under section 7 has been made the owner of the building or any other person having interest therein shall demolish that building within the time specified in that behalf by the order; and if the building is not demolished within that time the competent authority shall enter and demolish the building and sell the materials thereof.
(2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of the proceeds of sale of materials of the building shall be recoverable from the owner of the building or any other person having an interest therein as arrears of land revenue.
Chapter IV
Slum Clearance and Re-development
-------------------------------------------------
### 9. Power to declare any slum area to be a clearance area.
(1) Where the competent authority upon a report from any of its officers or other information in its possession is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the authority shall by an order notified in the Official Gazette declare the area to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act :
Provided that any building in the area which is not unfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the authority considers it necessary.
(2) The competent authority shall forthwith transmit to the State Government a copy of the declaration under this section together with a statement of the number of persons who on a date specified in the statement were occupying buildings comprised in the clearance area.
### 10. Slum clearance order.
(1) As soon as may be after the competent authority has declared any slum area to be a clearance area, it shall make a slum clearance order in relation to that area ordering the demolition of each of the buildings specified therein and requiring each such building to be vacated within such time as may be specified in the order and submit the order to the State Government for confirmation.
(2) The State Government may either confirm the order in toto or subject to such variations as it considers necessary or reject the order.
(3) If the State Government confirms the order, the order shall become operative from the date of such confirmation.
(4) When a slum clearance order has become operative, the owners of buildings to which the order applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the order to be vacated or before the expiration of such longer period as in the circumstances of the case the competent authority may deem reasonable.
(5) If the buildings are not demolished before the expiration of the period mentioned in sub-section (4), the competent authority shall enter and demolish the buildings and sell the materials thereof.
(6) Any expenses incurred by the competent authority in demolishing any building shall, if not satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as arrears of land revenue.
(7) Where a slum clearance order has become operative, no land to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and except subject to such restrictions and conditions, if any, as the competent authority may think fit to impose :
Provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may at any time appeal to the State Government and the State Government shall make such order in the matter as it thinks proper and its decision shall be final.
(8) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under sub-section (7).
### 11. Power of competent authority to re-develop clearance area or any part thereof.
- Where land has been cleared of buildings in accordance with a slum clearance order, the competent authority may, at any time after the expiration of twelve months from the date on which the order became operative by order, determine to re-develop any land which on the date of the making of the order has not been, or is not in the process of being, re-developed by the owner thereof in accordance with plans approved by the authority and any restrictions and conditions imposed under sub-section (7) of section 10.
Chapter V
Acquisition of Land
----------------------------------
### 12. Power of State Government to acquire land.
(1) Where on any representation from the competent authority it appears to the State Government that in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to re-develop any clearance area, it is necessary that the land within, adjoining or surrounded by any such area should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notice to the effect that the State Government has decided to acquire the land in pursuance of this section :
Provided that, before publishing such notice, the State Government may call upon the owner of, or any other person who, in the opinion of the State Government, may be interested in, such land to show cause why it should not be acquired and after considering the cause, if any, shown by the owner or any other person interested in the land, the State Government may pass such order as it deems fit.
(2) When a notice as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notice is so published, vest absolutely in the State Government free from all encumbrances.
### 13. Land acquired by State Government to be made available to the competent authority.
- Where any land in a slum area or clearance area has been acquired under this Act the State Government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of re-development.
### 14. Right to receive compensation.
- Every person having any interest in any land acquired under this Act shall be entitled to receive from the State Government compensation as provided hereafter in this Act.
### 15. Basis for determination of compensation.
(1) The amount payable as compensation in respect of any land acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 12.
(2) The net average monthly income referred to in sub-section (1) shall be calculated in the manner and in accordance with the principles set out in the schedule appended to this Act.
(3) The competent authority shall, after holding an enquiry in the prescribed manner, determine in accordance with the provision of sub-section (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate to it before a date specified in the notice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land.
(4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the State Government within thirty days from the date specified in the notice referred to in that sub-section.
(5) On appeal the State Government shall, after hearing the appellant, determine the net average monthly income and its determination shall be final and shall not be questioned in any court of law.
(6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building :
Provided that where the owner of the land and the owner of the building on such land are different, the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building in such proportion as he considers reasonable:
Provided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the total amount of compensation which has been determined in accordance with the provisions of this Section.
### 16. Apportionment of compensation.
(1) Where several persons claim to be interested in the amount of compensation determined under section 15, the competent authority shall determine the persons who in its opinion are entitled to receive compensation and the amount payable to each of them.
(2) If any dispute arises as to the apportionment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the competent authority may refer the dispute to the decision of the State Government and the State Government in deciding any such dispute shall follow, as far as may be, the provisions of part III of the Land Acquisition Act, 1894.
### 17. Payment of the compensation or the deposit of the same in the court.
(1) After the amount of the compensation has been determined, the competent authority shall on behalf of the State Government tender payment of and pay, the compensation to the persons entitled thereto.
(2) If the persons entitled to compensation do not consent to receive it or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the competent authority shall deposit the amount of the compensation in the court of the District Judge and that court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894.
### 18. Power of competent authority in relation to determination of compensation, etc.
(1) The competent authority may, for the purposes of determining the amount of compensation or apportionment thereof, require by order, any person to furnish such information in his possession as may be specified in the order.
(2) The competent authority shall, while holding inquiry under section 15, have all the powers of a civil court while trying a suit under the Code of Civil Procedure 1908, in respect of the following matters, namely :
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.
Chapter VI
Protection of Tenants in Slum Areas from Eviction
-----------------------------------------------------------------
### 19. Tenants in slum area not to be evicted without permission of the competent authority.
(1) Notwithstanding anything contained in any other law for the time being in force, no person who has obtained any decree or order for the eviction of a tenant from any building in a slum area shall be entitled to execute such decree or order except with the previous permission in writing of the competent authority.
(2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed.
(3) On receipt of such application the competent authority, after giving an opportunity to the tenant of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing either grant such permission or refuse to grant such permission.
(4) Where the competent authority refuses to grant the permission it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.
### 20. Appeals.
- Any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the State Government and the decision of the State Government on such appeal shall be final.
### 21. Chapter not to apply to eviction of tenants from certain buildings.
- Nothing in this Chapter shall apply to or in relation to the execution of any decree or order under any law or the eviction of a tenant from any building in a slum area belonging to the State Government or any local authority.
[Chapter VI-A]
[Chapter VI-A inserted by Haryana Act No. 7 of 1990.]
Slum Clearance Board
### 21A. [ Establishment of Slum Clearance Board.
[Inserted by Haryana Act No. 7 of 1990.]
(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be established for carrying out the purposes of this Act a Board to be known as 'the Haryana Slum Clearance Board' with headquarters at such place as the State Government may specify.
(2) The Board shall be a body corporation with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued.
### 21B. Constitution of Board.
(1) The Board shall consist of a Chairman, the Chief Administrator, the Secretary and such other members, not more than fifteen and not less than six as the State Government may, from time to time, by notification, appoint and they shall hold office during the pleasure of the State Government :
Provided that total number of non-official members shall not at any time exceed three.
Explanation. - The Chief Administrator shall be the Chief Executive Officer of the Board.
(2) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof.
### 21C. Conditions of service of members.
- The terms and conditions of the service of members of the Board shall be such as may be prescribed.
### 21D. Appointment of officers and employees.
- The Board may appoint such number of officers and other employees including experts for technical and legal works, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
### 21E. Conditions of service of officers and employees.
- The pay and other conditions of service of the officers and employees of the Board shall be such as may be prescribed.
### 21F. General disqualification of members, officers and employees.
- No person who has directly or indirectly by himself, or his partner or agent, any share or interest in any contract by or on behalf of the Board, shall become or remain a member or officer or employee of the Board.
### 21G. Functions of Board.
- The functions of the Board shall be -
(a) to exercise the powers of the competent authority in cases where the State Government have, by notification, directed that the powers of the competent authority shall be exercised by the Board; and
(b) such other functions as may be prescribed.
### 21H. No disqualification in certain cases.
- No person shall be disqualified for being chosen as, or for being a member of the Legislative Assembly by reason only of the fact that he is a Chairman or a member of the Board.
### 21I. Power of Board to make regulations.
- The Board may make regulations in regard to the meetings of the Board and the conduct of business.
### 21J. Board to comply with directions of Government.
- It shall be the duty of the Board to comply with such directions as the State Government may, from time to time, issue either generally or in regard to any particular matter.
### 21K. Power of Housing Board or any other Authority to cease.
- With effect from the date of the establishment of the Board, the Housing Board or any other Authority in the State of Haryana shall cease to exercise any function under the Punjab Slum Areas (Improvement and Clearance) Act, 1961, in respect of matters dealt with in this Act and in particular, the improvement of the slum area, the clearance of a slum area and the re-development of a slum clearance area.
### 21L. Transfer of certain assets and liabilities to Board.
(1) All property, assets, rights and liabilities of the State Government, Housing Board or any other Authority shall, in so far as such property, assets, rights and liabilities are relatable immediately before the date of establishment of the Board to the improvement of the slum area, the clearance of the slum area and the re-development of the slum clearance area, stand transferred to and vested in the Board.
(2) If any dispute arises in respect of transfer or vesting of any property, assets, rights or liabilities under sub-section (1), the same shall be referred to the State Government whose decision shall be final.
### 21M. Power to make contacts.
- The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out all or any of the purposes of this Act.
### 21N. Execution of contracts.
(1) Every contract shall be made in the name of the Board by the Chief Administrator or such other officer of the Board as may be authorised by it.
(2) Every contract for and on behalf of the Board shall, subject to the provisions of this section be entered into in such form and manner as may be prescribed.
(3) A contract not made or executed as provided in this section and the rules made thereunder shall be void.
### 21O. Board to enforce certain contracts and agreements.
(1) All contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the date of the establishment of the Board and to which the State Government or such other Authority is a party, in so far as such contracts, agreements and instruments are relatable to the improvement of the slum area, the clearance of a slum area and the re-development of a slum clearance area shall be of full force and effect against or in favour of the Board and may be enforced or acted upon as fully and effectually as if instead of the State Government or such other authority the Board had been a party thereto or as if they had been entered into or issued in favour of the Board.
(2) If, on the date of establishment of the Board, any suit, appeal or other legal proceeding of whatever nature by or against the State Government or such other Authority is pending, then such suit, appeal or other legal proceeding in so far as it is relatable to the improvement of the slum area, the clearance of a slum area and the re-development of a slum clearance area, shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Board of the property, assets, rights and liabilities of the State Government or such other Authority or of anything done under this Act, but the suit, appeal or other legal proceeding may be continued, prosecuted and enforced by or against the Board.
Explanation. - For the purpose of this sub-section 'legal proceeding' includes any proceeding under the Land Acquisition Act, 1894.
### 21P. Board's Fund.
(1) The Board shall have a fund to be called the Slum Clearance Board Fund.
(2) The Board may accept grants, subventions, donations and gifts from the Central Government or the State Government or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
(3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents and all interests, profits and other moneys accruing to the Board, shall constitute the Slum Clearance Board Fund.
(4) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or in any Scheduled Bank or a Co-operative Bank or invested in such securities as may be approved by the State Government.
(5) Such accounts shall be operated upon by such officers as may be authorised by the Board.
Explanation. - For the purposes of this section, a Schedule Bank shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934.
### 21Q. Application of Slum Clearance Board Fund.
- All property, the slum Clearance Board Fund, and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.
### 21R. Expenditure in case of urgency etc.
(1) Where in the opinion of the Board circumstances of extreme urgency have arisen, it shall be lawful for the Board to make for the purpose of this Act in any year an expenditure of such amount as may be prescribed, notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government.
(2) Where any sum is expended under circumstances of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Government.
(3) The Board may, within the budget sanctioned by the State Government, approve appropriation not exceeding such amount as may be prescribed from one head to another and from one minor head to another under the same major head and submit a statement of such re-appropriation to the State Government.
### 21S. Subventions and loans to Board.
(1) The State Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.
(2) The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.
### 21T. Power of Board to borrow.
(1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
(2) The rules made by the State Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers.
(3) All debentures issued by the Board shall be in such form as the Board, with the sanction of the State Government, may, from time to time, determine.
(4) Every debenture shall be signed by the Chief Administrator and one other member.
(5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the State Government.
### 21U. Accounts and audit.
(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules an annul statement of accounts.
(2) The Board shall cause its accounts to be audited annually by such persons as the State Government may direct.
(3) As soon as the accounts of Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price.
(4) The Board shall comply with such directions as the State Government may after perusal of the report of the auditor think fit to issue.
### 21V. Concurrent and special audit of accounts.
(1) Notwithstanding anything contained in Section 21U, the State Government may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.
(2) Where an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1), such information as he may require for the purpose of audit.
### 21W. Transfer of assets and liabilities.
(1) The State Government may transfer to the Board, building, land or any other property, movable or immovable, for use and management by the Board on such conditions and limitations as the State Government may deem fit, for the purposes of this Act.
(2) The State Government may transfer to the Board such schemes or works in progress, with all their assets and liabilities as are run or managed by the State Government, subject to such conditions and limitations as the State Government may deem fit to impose for the purposes of this Act.]
Chapter VII
Miscellaneous
------------------------------
### 22. Power of entry.
- It shall be lawful for any person authorised by the competent authority in this behalf to enter into or upon any building or land in a slum area with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or order made thereunder.
### 23. Powers of inspection.
(1) The competent authority may, by general or special order authorise any person -
(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in a slum area, and in his discretion to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer, or channel, as the case may be;
(b) to examine works under construction in slum area, to take levels or to remove, test, examine, replace or read any meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be filled in, re-instated, or made good, as the case may be, by the competent authority.
### 24. Power to enter land adjoining and where work is in progress.
(1) Any person authorised by the competent authority in this behalf may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under sub-section (1) state the purpose thereof, and shall, if so required by the occupier, or owner, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage, as may be, and compensation shall be payable by the competent authority to the owner or the occupier of such land or to both for any such damage whether permanent or temporary.
### 25. Breaking into buildings.
- It shall be lawful for any person authorised by the competent authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or other barrier -
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
### 26. Entry to be made in the day time.
- No entry authorised by or under this Act, shall be made except between the hours of sunrise and sunset.
### 27. Owner's consent ordinarily to be obtained.
- No building or land shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry :
Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or a work under construction.
### 28. Power of eviction to be exercised only by the competent authority.
- Where the competent authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any notice, order or direction issued or given by the authority, the authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order :
Provided that before making any order under this section the competent authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom :
Provided further that if the occupants are unable to find any alternative accommodation, the competent authority shall arrange for the alternative accommodation for the occupants before the eviction.
### 29. Power to remove offensive or dangerous trades from slum areas.
- The competent authority may, by order in writing, direct any person carrying out any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order :
Provided that no order under this section shall be made unless the person carrying on the trade has been afforded a reasonable opportunity of showing cause as to why the order should not be made.
### 30. (1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the competent authority may appeal to the State Government within a period of thirty days from the date of issue of such notice, order or direction.
(2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against.
(3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence.
(4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner.
(5) The decision of the State Government on appeal shall be final and shall not be questioned in any court.
### 31. Service of notices, etc.
(1) Every notice, order or direction issued under this Act shall, save as otherwise expressly provided in this Act, be served -
(a) by giving or tendering the notice, order or direction, or by sending it by post to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice, order or direction to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates.
(2) Where the person on whom a notice, order or direction is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor.
(3) Every notice, order or direction which by or under this Act is to be served as public notice, order or direction or as notice, order or direction which is not required to be served to any individual therein specified shall, save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the competent authority or in such other public place during such period, or is published in such local newspaper or in such other manner, as the competent authority may direct.
(4) [ Notice or order effecting an individual corporation or firm shall be served in the manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908.]
[Inserted by Haryana Act No. 7 of 1990.]
### 32. Penalties.
(1) Whoever does any act in contravention of any notice, order or direction issued or given under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under sub-section (7) of section 10 or any plan for the re-development of a clearance area shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees.
(4) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(5) Notwithstanding anything contained in sub-section (3) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section -
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
### 33. Order of demolition of buildings in certain cases.
- Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under sub-section (7) of section 10 or a plan for the re-development of any clearance area or in contravention of any notice, order or direction issued or given under this Act the competent authority may, in addition to any other remedy that may be resorted to under this Act or under any other law, make an order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue :
Provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard.
### 34. Jurisdiction of courts.
- No Court inferior to that of a [Judicial Magistrate]
[Substituted for the word 'Magistrate' by Punjab Act No. 25 of 1964.]
of the first class shall try an offence punishable under this Act.
### 35. Previous sanction of the competent authority or officer authorised by it for prosecution.
- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the competent authority or an officer authorised by the competent authority in this behalf.
### 36. Power to Delegate.
- The competent authority may, by notification in the Official Gazette direct that any power exercisable by it under this Act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein.
### 37. Protection of action taken in good faith.
- No suit, prosecution of other legal proceeding shall lie against the competent authority or against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
### 38. Competent authority, etc., to be public servants.
- The competent authority and any person authorised by him under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
### 38A. [ Board to exercise powers of competent authority.
[Inserted by Haryana Act No. 7 of 1990.]
- The State Government may, by notification, direct that any power exercisable by the competent authority under this Act, may be exercised, by the Board in such cases, and subject to such conditions, if any, as may be specified in the notification and on the issue of such notification, the competent authority shall not exercise the power in respect of the matters specified in such notification.]
### 39. Act to override other laws.
- The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
### 39A. [ Application of the Act to certain pending cases of acquisition.
[Inserted by Haryana Act No. 7 of 1990.]
- The provisions of this Act as amended by the Slum Areas (Improvement and Clearance) Haryana Amendment Act, 1990, shall apply to any case or cases in which proceedings have been started before the commencement of this Act for the acquisition of any land in a slum area under the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), but no award has been made by the Collector under Section 11 of the said Act before such commencement, as if -
(i) the notification published under sub-section (1) of Section 4 of the said Act; or
(ii) the declaration made under Section 6 of the said Act; or
(iii) the notice given under sub-section (1) of Section 9 of the said Act, were a notice to show cause against the acquisition of the land served by the State Government under Section 12 of this Act.]
### 40. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :-
(a) the manner of authentication of notices, orders and other instruments of the competent authority;
(b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans;
(c) the form and manner in which applications for permission under sub-section (2) of section 19 shall be made and the fees to be levied in respect of such applications;
(d) the procedure to be followed by the competent authority before granting or refusing to grant permission under section 19;
(e) the time within which an appeal may be preferred under Section 20;
(f) the officers and local authorities to whom powers may be delegated under section 36; and
(g) any other matter which has to be or may be prescribed.
(3) Every rule under this section shall be laid as soon as may be after it is made before [the House]
[Substituted by Haryana Adoption of Laws Order 1968.]
the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, [the House]
[Substituted by Haryana Adoption of Laws Order 1968.]
agrees in making any modification in the rule or [the House]
[Substituted by Haryana Adoption of Laws Order 1968.]
agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
The Schedule
(see Section 15)
Principles for Determination of the Net Average Monthly Income
### 1. The competent authority shall first determine the gross rent actually derived by the owner of the land acquired including any building on such land during the period of five consecutive years referred to in sub-section (1) of section 15. ###
2. For such determination the competent authority may hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land.
### 3. The net average monthly income referred to in sub-section (1) of section 15 shall be sixty per centum of the average monthly gross rent which shall be one-sixtieth of the gross rent during the five consecutive years as determined by the competent authority under paragraph I. ###
4. Forty per centum of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income but shall be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the municipal or other local authority for collection charges, income-tax or bad debts as well as for works of repair and maintenance of the buildings, if any on the land.
### 5. Where the land or any portion thereof has been unoccupied or the owner has not been in receipt of any rent for the occupation of the land during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been leased out for rent during the said period, and for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account .
|
65b92994ab84c7eca86e8774 | acts |
State of Uttar Pradesh - Act
------------------------------
The Gorakhpur Development Authority (Master Plan/Zonal Development Plans) Regulations, 1983
---------------------------------------------------------------------------------------------
UTTAR PRADESH
India
The Gorakhpur Development Authority (Master Plan/Zonal Development Plans) Regulations, 1983
=============================================================================================
Rule THE-GORAKHPUR-DEVELOPMENT-AUTHORITY-MASTER-PLAN-ZONAL-DEVELOPMENT-PLANS-REGULATIONS-1983 of 1983
-------------------------------------------------------------------------------------------------------
* Published on 3 April 1984
* Commenced on 3 April 1984
The Gorakhpur Development Authority (Master Plan/Zonal Development Plans) Regulations, 1983
Published vide Notification No. 1812/37 - 2-154-D.A.-1980, dated March 31, 1984, published in U.P. Gazette, (Extraordinary) , dated 3rd April, 1984, pages 4-5
In exercise of the powers under clause (d) of sub-section (2) of Section 56 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act
No. 11 of 1973
), as re-enacted with modification by the Uttar Pradesh President's Acts (Re-enactment with Modifications) Act, 1974 (U.P. Act No. 30 of 1974), the following regulations are made by the Gorakhpur Development Authority, after the previous approval of the State Government to regulate the procedure for carrying out the functions of the Development Authority in the preparation and amendment of the Master Plan and Zonal Development Plans.
### 1. Short title and commencement.
(1) These regulations may be called the Gorakhpur Development Authority (Master Plan/Zonal Development Plans) Regulations, 1983.
(2) They shall be applicable to the Gorakhpur Development Area.
(3) They shall come into force with effect from the date of publication in the Gazette.
### 2. Formulation of Development Plans.
- After declaration of the Development Area under Section 3 of the Act, the Development Authority shall collect the necessary datas on the lines mentioned in Appendix I, for preparation of the Master Plan and the Zonal Development Plans.
### 3. Preparation of Draft Master Plan.
- As soon as the matters indicated in Regulation 2 are finalised, the Development Authority shall get a draft Master Plan prepared.
### 4. Preparation of Zonal Development Plans.
- Simultaneously with the preparation of the draft Master Plan or as soon as may be thereafter, the Development Authority shall get draft Zonal Development Plans prepared incorporating besides other, things, the details given in sub-section (2) of Section 9 of the Act.
### 5. Notice.
- After the preparation of the draft Master Plan/Zonal Development Plans, the notice inviting objections against the draft Master Plan/Zonal Development Plans shall be issued in Form 'A' appended to these Regulations which shall specify the place where the said draft plans may be inspected.
### 6. Publication of Notice.
- The notice, referred to in Regulation 5, shall be published in at least two local papers and shall also be affixed on the Notice Board of the offices of the Development Authority, the Collector, the District Judge, the District Planning Officer and on other important and conspicuous parts of the Development Area.
### 7. A copy of the notice, referred to in Regulation 5, shall also be sent to the President of the Cantonment Board, if any, or any other local authority within whose local limits and the land touched by the Plan is situated with a view to inviting representation with respect to the Master Plan/Zonal Development Plans.
### 8. On the date fixed in the notice or on any other adjourned date, the Development Authority shall consider the objections received from any person and the representation if any received from a local authority and may also hear any such person or representative of any local authority and shall, thereafter consider the draft Master Plan/Zonal Development Plans and the objections and suggestions received in respect thereof. The Development Authority may then either reject in the objections and suggestions and the representation of the local authority, or may suggest modifications to be made in the draft Master Plan/Zonal Development Plans and may modify the draft in the light of the objections, representation or otherwise. The draft shall then be final.
### 9. Submission of draft to State Government.
- The finalised draft Master Plan/Zonal Development Plans shall thereafter be submitted by, the Development Authority to the State Government for approval.
### 10. Approval of State Government.
- Where any modifications are suggested for approval of the draft Master Plan/Zonal Development Plans or where the draft Master Plan/Zonal Development Plans is rejected by the State Government with directions under sub-section (2) of Section 10 of the Act, the Development Authority shall get the said modifications incorporated or shall get a fresh plan prepared in accordance with such directions, as the case may be, and submit it again for the approval of the State Government.
### 11. Notice of approval of draft Master Plan/Zonal Development Plans.
- Notice of approval of draft Master Plan/Zonal Development Plans shall be published in such manner as the State Government may specify and shall also specify the place where a copy of the plan may be inspected.
Appendix
Datas necessary for formulation of Draft Master Plan/Zonal Development Plans
### 1. Minute details in respect of- (1) The boundary of the Development Area;
(2) Roads, Streets, lanes, water-lines, sewers, railway-lines, etc;
(3) River, Nalas, etc. flowing through the city;
(4) Lakes, reservoirs, etc.;
(5) Offices, Courts, Jails Hospitals, dispensaries, schools, charitable institutions, colleges, University, Medical College, stadium, etc.;
(6) Colonies and Mohallas, Mohals, Hatas, etc.;
(7) Theatre, Cinema-halls, places of entertainment;
(8) Historical Monuments;
(9) Tourist Places.
### 2. Arterial streets and transportation lines; ###
3. Residential sections;
### 4. Business Areas; ###
5. Industrial Areas;
### 6. Public Parks, play-grounds, etc. and other recreational facilities; ###
7. Public and semi-public buildings;
### 8. Other land-uses which are necessary. Form 'A'
[Under Regulation 5]
Notice
No. .................... Dated ............... of the Gorakhpur Development Authority, Gorakhpur
Whereas, the draft Master Plan/Zonal Development Plan of Gorakhpur Development Authority has been prepared and a copy of the same shall be made available for inspection at .......................... (mention the place/places) ............... during office hours.
A notice as required under sub-section (1) of Section 11 of the Uttar Pradesh Urban Planning and Development Act, is being published for information of all persons likely to be affected thereby and with a view to inviting objections and suggestions in respect thereof.
All objections and suggestions with regard to the draft Master Plan/Zonal Development Plan should be addressed and sent in writing to the Vice-Chairman, Gorakhpur Development Authority in his office at Gorakhpur. Only those objections and suggestions which are received on or before ............. day from the date of publication of this notice will be taken into consideration on .............. or as soon as possible thereafter by the Development Authority.
Issued under signature and seal of the Vice-Chairman of Gorakhpur Development Authority on this ............. day of ......... 198.........
Vice-Chairman
Gorakhpur Development Authority.
|
65b942f0ab84c7eca86e8c17 | acts |
State of Uttarakhand - Act
----------------------------
Uttarakhand Tax on Entry of Goods Into Local Areas Act, 2008
--------------------------------------------------------------
UTTARAKHAND
India
Uttarakhand Tax on Entry of Goods Into Local Areas Act, 2008
==============================================================
Act 13 of 2008
----------------
* Published on 9 November 2000
* Commenced on 9 November 2000
Uttarakhand Tax on Entry of Goods Into Local Areas Act, 2008
(Uttarakhand Act
No. 13 of 2008
)
Last Updated 4th March, 2020
An Act to provide for the levy and collection of tax on entry of goods into a local area for consumption, use or sale therein and matters connected therewith or incidental thereto.
Be it is hereby enacted by the Uttarakhand Legislative Assembly in the Fifty-ninth year of the Republic of India as follows: -
Chapter -I Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the Uttarakhand Tax on Entry of Goods into Local Areas Act, 2008.
(2) It extends to the whole of Uttarakhand.
(3) It shall be deemed to have come into force on 09th November, 2000.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context -
(a) "business" includes, -
(i) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture, whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make profit and whether or not any profit accrues from such trade, commerce, manufacture, adventure or concern;
(ii) the execution of any works contract or the transfer of the right to use any goods for any purpose (whether or not for a specified period); and
(iii) any transaction in connection with or incidental or ancillary to or resulting from such trade, commerce, manufacture, adventure or concern or works contract or lease;
(b) "dealer" means an person, who in the course of business whether on his own account or on account of a principal or any other person, brings or causes to be brought into a local area any goods or takes delivery or is entitled to take delivery of goods on its entry into a local area and includes,-
(i) a local authority, body corporate, company any co-operative society or other society, club, firm, Hindu undivided family or other association of person which carries on such business;
(ii) a factor, broker, arhati, commission agent, del credere agent or any other mercantile agent, by whatever name called and whether of the same description as herein before mentioned or not, who carries on the business of buying, selling, supplying or distributing goods belonging to any principal, whether disclosed or not;
(iii) an auctioneer, who carries on the business of selling or auctioning goods belonging to any principal, whether disclosed or not, and whether the offer of the intending purchaser is accepted by him or by the principal or nominee of the principal;
(iv) a Government which, whether in the course of business or otherwise, buys, sells, supplies or distributes goods, directly or otherwise for case or for deferred payment or for commission, remuneration or other valuable consideration;
(v) every person, who acts within the State as an agent of a dealer residing outside the State and buys, sells, supplies or distributes goods in the State or acts on behalf of such dealer as -
(a) a mercantile agent as defined in he Sale of Goods Act, 1930 (Central Act No. 3 of 1930); or
(b) an agent for handling of goods or documents of title relating to goods; or
(c) an agent for the collection or the payment of the sale price of goods or as a guarantor for such collection or such payment;
(vi) a firm or a company or other body corporate, the principal office or headquarters whereof is outside the State, having a branch or office in the State, in respect at purchases or sales, supplies or distribution of goods through such branch or office;
(vii) every person, who carries on the business of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
(viii) every person, who carries on business of 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;
(ix) any person who, in the course or occasional transactions of business nature, whether on his own account or on account of principal or, any other person brings or causes to be brought into a local area any goods or takes delivery or is entitled to take delivery of goods on its entry into local area;
(x) [ A transporter/courier/delivery agent/agent/goods carrier and any other person (importer), who intends to bring such goods, whether on his own account or on behalf of any other person, into the State from outside the State or outside the Country, in connection otherwise of business or for personal use, through online purchase or e-commerce.]
[Inserted by section 2 of Uttrakhand Act no 07 of 2016.]
Explanation. - For the purposes of this Act the expression "in the course of business" shall include in the course of establishment or commencement of business.
(c) "Entry of goods" with all its grammatical variations and cognate expressions, means entry of goods -
(i) into a local area from any place outside such area;
(ii) into a local area from any place outside the State;
(iii) into a local area from any place outside the Territory of India, for consumption, use or sale therein;
(d) "local area" means the territorial area of -
(i) a Municipal Corporation under the Uttar Pradesh Municipal Corporations Act, 1959 (as applicable to the State of Uttarakhand);
(i) a Cantonment under the Cantonments Act, 1924 (as applicable to the State of Uttarakhand);
(ii) any Industrial Development Area under the Uttar Pradesh Industrial Area Development Act, 1976 (as applicable to the State of Uttarakhand);
(v) an Industrial Township by whatever name called;
(vi) any other local authority by whatever name called under an Act of the Parliament or the State Legislature;
(ii) a Municipality under the Uttar Pradesh Municipalities Act, 1916 (as applicable to the State of Uttarakhand);
(iii) a Zila Panchayat or a Kshettra Panchayat under the Uttar Pradesh Kshettra Panchayats and Zila panchayats Adhiniyam, 1961 (as applicable to the State of Uttarakhand);
(iv) a Gram Panchayat under the United Provinces Panchayat Raj Act, 1947 (as applicable to the State of Uttarakhand);
(e) "Schedule" means a Schedule appended to this Act;
(f) "Scheduled Goods" means any goods mentioned in the Schedule to this Act;
(g) "tax" means tax leviable under this Act;
(h) "value of goods" means the value of any goods as ascertained from original purchase invoice or bills and includes value of packing material, packing and forwarding charges, insurance charges, amounts representing excise duty, countervailing duty, custom duty and other like duties, amount of any fee or tax charges, transport charges, freight charges and any other charges relating to purchase and transportation of such goods into the local area in which goods are being brought or received for consumption, use or sale therein :
Provided that where any goods have been -
(i) Purchased and the value thereof is not ascertainable on account of non availability or non production of any document; or
(ii) Purchase and the value declared by the dealer or the person incharge is not verifiable on account of non-availability or non production of any document; or
(iii) Purchased and a document produced in support of purchase price or transport charges and other charges, is not worthy of credence; or
(iv) Acquired or obtained otherwise than by way of purchase, the 'value of goods' shall mean the value or the price at which the goods of the like kind or like quality is sold or is capable of being sold at wholesale price in the open market in the local area in which goods are being brought or received for consumption, use or sale.
Explanation. - For the purpose of ascertaining whole sale price of any goods under this clause the whole sale price shall include any amount paid or payable by the purchaser as excise duty or any other duty but shall not include any amount charged for anything done to the goods after entry of goods into the local area or any amount of fee or tax including tax under this Act payable in respect of sale of the goods of the like kind or like quality -
(a) "fund" means the Uttarakhand Trade Development Fund;
(b) Words and expressions used in this Act, but not defined shall have the meaning assigned to them in the Uttarakhand (the Uttaranchal Value Added Tax Act, 2005) Adaption and Modification Order, 2007 or the rules framed thereunder.
### 3. Authorities under this Act.
(1) For carrying out the purposes of this Act -
(a) the Commissioner of Commercial Tax, Additional Commissioner of Commercial Tax and Joint Commissioner of Commercial Tax of the Commercial Tax Department shall be the Commissioner, Additional Commissioner and Joint Commissioner respectively and they will be designated as Commissioner of Entry Tax, Additional Commissioner of Entry Tax and Joint Commissioner of Entry Tax respectively;
(b) appellate authority and Chairman and members of the Tribunal appointed by the State Government under the Uttarakhand (the Uttaranchal Value Added Tax Act, 2005) Adaption and Modification Order, 2007 shall function as appellate authority and the Chairman and members of Tribunal of Entry Tax respectively;
(c) all Deputy Commissioners and the Assistant Commissioners posted in the Department of the Commercial Tax shall be the Deputy Commissioners and Assistant Commissioners of Entry Tax and likewise all Commercial Tax Officers posted in the Department of Commercial Tax shall be the Entry Tax Officers;
(d) any officer not below the rank of a Commercial Tax Officer posted in a Commercial Tax Circle either by the State Government or the Commissioners Commercial Tax, Officers authorized by the State Government or the Commissioners Commercial Tax, Officers authorized by the State Government or the Commercial Tax to exercise powers under Sections 42 and 43 of the Uttarakhand (the Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007 and Officers not below the rank of Commercial Tax Officer, posted at a Check-Post established under section 47 of the Uttarakhand (the Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007, shall exercise the powers of the assessing authority under this Act;
(e) all officers or authorities under this Act except Chairman and the members of the Tribunal shall work under the Administrative control of the Commissioners and the Commissioners shall be competent to exercise powers vested in any officer under his administrative control except appellate authority.
(2) The territorial jurisdiction of authorities under this Act shall be the same as may be fixed or determined by the State Government or the Commissioners of Commercial Tax for the purpose of carrying out purposes of the Uttarakhand (the Uttaranchal Value Added Tax Act, 2005) Adaption and Modification Order, 2007.
### 4. Levy of tax.
(1) [For the purpose of development of trade, commerce and industry in the State, there shall be levied and collected a tax on entry of goods specified in the Schedule into a local areas for consumption, use or sale therein, from any place outside that local area, at such rate not exceeding twenty percent of the value of the goods as may be specified by the State Government by notification and different rates may be specified in respect of different goods or different classes of goods :
Provided that the State Government may by notification amend the Schedule and upon issue of any such notification, the Schedule shall, subject to the provisions of sub-section (10) , be deemed to be amended accordingly.]
[Substituted by section 2 of Uttrakhand Act No. 22 of 2015.]
(2) The tax levied under sub-section (1) shall be continued to be levied till such time as is required to improve infra-structure within the State such as power, road, market condition etc. with a view to facilitate better market conditions for trade, commercial and industry.
(3) The tax levied under sub-section (1) shall be payable by a dealer who brings or causes to be brought into the local area such goods, whether on his account or on the account of his principal or takes delivery or is entitled to take delivery of such goods on its entry into a local area :
Provided that the State Government may by notification, permit any Power Project Industrial Unit engaged in generation, transmission and distribution of power, having aggregate capital investment of rupees one thousand crore or more to own the liability of payment of tax of other dealers on the entry of such goods into a local area from any place outside that local area as are used and consumed by the said unit subject to such conditions as may be specified in the notification.
Explanation. - Where the goods are taken delivery of on its entry into a local area or brought into a local area by a person other than a dealer, the dealer who takes delivery of the goods from such person shall be deemed to have brought or caused to have brought the goods into the local area.
(3A)
[ Notwithstanding anything to the contrary contained in sub-section (1) or sub-section (3), no tax shall be levied on of collected from a dealer or subsequent dealer who brings or causes to be brought into a local area any goods in respect of which tax has been paid in any other local area under any of the said sub-sections and such dealer furnishes before the concerned Assessing Authority the prescribed declaration in regard thereto within such time as may be prescribed:
Provided that the amount of tax deposited under this section shall be deemed to have been deposited for and on behalf of such dealer or any subsequent dealer to whom above prescribed declaration had been issued.]
[Added by section 2 (a) of Uttarakhand Act No. 18 of 2010.]
(4) The State Government may by notification remit the amount of tax to the extent necessary to ensure that effective rates of tax on entry of goods into a local area, from any place outside the local area for consumption or use in a Power Project Industrial Unit, do not exceed the respective rates applicable as on the date of commencement of State Energy Policy subject to the conditions as may be notified in such notifications.
(5) No dealer, who brings or causes to be brought any goods into a local area shall be liable to tax, if during the assessment year the aggregate value of such goods is less than five lakh rupees or such larger amount as the State Government may by notification specify in that behalf either in respect of all dealers in any goods or in respect of a particular class of such dealers:
Provided that the provisions of this sub-section, shall not apply in respect of value of the goods brought into a local area from outside Uttarakhand.
(6) Notwithstanding anything to the contrary contained in sub-section (1) or subsection (3), no tax shall be levied on or collected from a dealer, who brings or causes to be brought into a local area any goods which are -
[(i) consigned without using them in the local area to any place outside the State; or
(ii) sold or re-sold either in the course of Inter-State trade or commerce or in the course of export out of the territory of India.
Explanation. - Section 3, section 5 and Section 6-A of the Central Sales Tax Act, 1956 shall apply for the purpose of determining whether or not any goods have been sold by a dealer in the course of Inter-State or commerce or in the course of export out of the territory of India :
Provided that where at the time of entry of goods into a local area, the quantity or value of goods to be sold within such local area for the purpose of being taken outside the State without consumption, use or sale in such local area is not ascertainable, the dealer shall pay the amount of tax on the value of total quantity of goods and after the goods are consigned or sold outside the State or in the course of export, the dealer may claim, refund or adjustment of the amount so paid as tax in the month in which such goods are transferred outside the State or sold in the course of Inter-State trade or commerce or in the course of export, in respect of such goods.]
[Substituted by section 2 of Act no 18 of 2010.]
(7) [\*\*\*]
[Omitted by section 2 (c) of Uttarakhand Act No. 18 of 2010.]
(8) Where tax in respect of entry of any goods into a local area is payable and has been so paid by the agent, the principal shall not be liable for payment of tax and likewise where tax, in respect of entry of any goods into a local area, is payable and has been so paid by the principal, the agent shall not be liable for payment of tax.
(9) Where in respect of any -
(i) purchased scheduled goods -
(a) value of such goods is not ascertainable or value of such goods, as declared by the dealer or the person incharge of the goods, as the case may be, is not verifiable on account of non-availability or non-production of any document; or
(b) any document produced in support of purchase price or transport charges and other charges is not worthy of credence; or
(ii) scheduled goods, acquired or obtained otherwise than by way of purchase, value of such goods disclosed by the person incharge of the goods or the dealer, as the case may be, does not appear to be reasonable and worthy of credence, then the whole-sale price, in the open market in a local area in which such goods are being brought, reasonably determined by the assessing authority, after affording reasonable opportunity of being heard to the person incharge of the goods or the dealer, as the case may be, shall be deemed to be, the value of goods, and for this purpose in reference to clause (i), the assessing authority shall assume that goods have been acquired or obtained otherwise than by way of purchase.
(10) Every notification made under this section shall, as soon as may be after it is made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days, extending in its one session or more than one successive sessions and shall unless some later date is appointed take effect from the date of its publication in Gazette subject to such modifications or annulments as the Legislature may during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder except that any imposition, assessment, levy or collection of tax or penalty shall be subject to the said modification or annulment.
### 4A. [ Tax on e-commerce.
[Substituted by section 3 of Uttrakhand Act no 07 of 2016.]
- Notwithstanding anything contained in this act, the Commissioner of Taxes, with prior approval of the State Government, may by notification formulate a simple procedure for the collection of entry tax on entry of specified goods into local area of State of Uttarakhand made through online purchase or e-commerce and such procedure may also provide for collection of entry tax from a transporter/ courier /delivery agent/ agent/ goods carrier and any other person (importer) , who intends to bring such goods, whether on his own account or on behalf of any other person, into the State from outside the State or outside the Country, in connection otherwise of business or for personal use and such a transporter/ courier /delivery agent/ agent/ goods carrier and any other person (importer) shall be liable to pay entry tax on total value of such goods at such rate and in such manner, as may be prescribed thereunder.]
### 5. Reversal of levy of tax.
- [Where any dealer has brought or has caused to be brought or has taken delivery of any goods notified under sub-section (1) of section 4 on its entry into a local area for consumption, use or sale therein and has paid tax in respect of entry of such goods into such local area or purchased such goods on which entry tax has already been paid, such tax shall be refunded or adjusted to such dealer by whom without using them in the local area such goods are consigned to any other place outside the State or are sold either in the course of Inter-State trade or commerce or in the course of export outside the territory of India.]
[Substituted by section 3 of Uttarakhand Act No. 18 of 2010.]
### 6. Rebate.
- Where in respect of any scheduled goods notified under sub-section (1) of section 4, tax is payable in respect of a sale or purchase of such goods under the Uttarakhand Value Added Tax Act, 2005 (Act
[No. 27 of 2005
) (as amended from time to time) by a dealer registered under the said Act, the State Government may, by notification and subject to such conditions and restriction, as may be specified therein, allow a rebate upto the full amount of tax leviable under this Act.]
[Substituted by section 4 of Uttarakhand Act No. 18 of 2010.]
### 7. Exemption.
- Where the State Government is satisfied that it is expedient in the public interest so to do, it may, by notification, exempt subject to such conditions and restrictions as may be specified in the notification, any goods or class of goods from levy of tax, or class of dealers from the payment of the tax.
### 8. Registration.
(1) Subject to the provisions of sub-section (2) every dealer liable to pay tax shall apply to the assessing authority for grant of registration certificate in the prescribed manner along with proof of deposit of Registration fee within thirty days from the date on which he becomes liable to pay tax under this Act:
Provided that a dealer who holds a registration certificate granted under the provisions of the Uttaranchal (The Uttar Pradesh Trade Tax Act 1948) Adaptation and Modification Order, 2002 or under The Uttarakhand (The Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007, if, furnishes required information in the prescribed form of application within the aforesaid time, shall not be liable to obtain separate registration certificate under this Act and for all purposes of this Act, such dealer shall be deemed to be a registered dealer:
Provided further that a Government shall not be required to obtain registration certificate under this Act if such Government Department is not engaged in regular business.
(2) Where a dealer has no fixed place of business within the State of Uttarakhand, he shall not be liable for obtaining registration under this Act.
(3) In respect of grant of registration certificate under this Act, provisions of Sections 15,16,17,18,19,20,21 and Section 22 of The Uttarakhand (The Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007, shall mutatis mutandis apply as they apply to grant of Registration Certificate under that Act.
### 9. Submission of returns and assessment of tax.
(1) Every dealer liable to obtain registration under this Act, shall submit such returns of value of scheduled goods along with proof of deposit of amount of tax shown payable in the return to its assessing authority in such manner, for such tax periods and within such time as may be prescribed:
Provided that the assessing authority on the application of the dealer may, for sufficient reason allow the dealer to submit return beyond prescribed time.
(2) Every dealer liable to pay tax, other than a dealer referred in sub-section (2) of section 8, shall submit to the assessing authority for each assessment year, an annual return of self assessed tax in such manner and within such time as may be prescribed:
Provided that the assessing authority on the application of the dealer may, for sufficient reason, extend the time for submitting the return up to a period of ninety days.
(3) Where -
(a) a dealer has submitted returns for all tax periods referred to in sub-section (1) and the annual return of self assessed tax referred to in sub-section (2);
(b) prima facie there is no reason to believe that the dealer has suppressed value of any scheduled goods or has otherwise evaded payment of tax: and
(c) the dealer has neither claimed refund of any amount deposited as tax nor has, in respect of any scheduled goods, claimed reversal of amount of tax under section 5, the assessing authority shall, without requiring appearance of the dealer accept the return of self assessed tax:
Provided that where the assessing authority is of the view that-
(i) tax shown payable in the return has not been computed at the applicable rate of tax; or
(ii) there is mathematical error in computation of tax; or
(iii) any exemption of concession has been claimed on the basis of any certificate of any prescribed certificate or declaration but such form of declaration or certificate has not been submitted, he shall issue notice to the dealer for submitting revised annual return of self assessment within fifteen days from the date of service of the notice and if the assessing authority is satisfied with the revised return of self assessment, he shall accept the revised return of self assessment:
(4) In case of a dealer other than the dealer in whose case self assessment of tax is to be accepted by the assessing authority under sub-section (3), the assessing authority shall, after making such enquiry as it may deem fit and after affording reasonable opportunity of being heard to the dealer, determine the value of the scheduled goods brought or received by the dealer into any local area for consumption, use or sale therein and the amount of tax payable by the dealer:
Provided that nothing shall prevent the assessing authority from determining such value of scheduled goods and the amount of tax payable by the dealer according to its best judgment assessment where -
(a) the dealer has not maintained account books in respect of scheduled goods; or
(b) the dealer has not produced accounts and documents maintained by him in respect of scheduled goods; or
(c) accounts and documents produced by' the dealer are not found worthy of credence by the assessing authority; or
(d) value of scheduled goods brought or received in any local area is not verifiable from the accounts and documents produced by the dealer.
### 10. Provisional assessment of tax.
(1) Where a dealer to whom sub-section (1) of section 9 applies fails to submit return of value of the scheduled goods and tax payable on entry of such goods into a local area within the time prescribed or allowed under that section or does not furnish proof of deposit of tax shown payable in such return, or the return submitted is, in the opinion of assessing authority, incorrect or incomplete or contains wrong particulars, the assessing authority may, without prejudice to the provisions of section 9 but after giving reasonable opportunity of being heard to the dealer, make provisional assessment of value of scheduled goods and the tax payable thereon.
(2) Where the assessing authority has made a provisional assessment under sub-section (I). it shall not, by reason of such assessment, be precluded from re-determining the value of the scheduled goods and making the assessment of tax for the whole year.
### 11. Composition of tax.
(1) Where in respect of any scheduled goods, a dealer is liable for payment of tax under this Act but does not fall within the definition of a dealer as defined under sub-section (II) of section 2 of the Uttarakhand (The Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007, he may, subject to other provisions of this section, opt for payment of tax in respect of such scheduled goods on the estimated value of the goods before bringing or receiving or before taking delivery of such goods into a local area.
(2) Every dealer having no fixed place of business within the State of Uttarakhand shall, subject to other provisions of this section, make payment of tax in respect of scheduled goods on the estimated value of the scheduled goods before bringing or receiving or before taking delivery of such goods into a local area.
(3) Every person or dealer, who does not fall under sub section (I) or sub-section (2) and who is liable for payment of tax under this Act, may opt for payment of tax in respect of such scheduled goods on the estimated value of the goods before bringing or receiving or before taking delivery of such goods into a local area.
(4) Once a dealer or a person, as the case may be, referred to in sub-sections (l), (2) and (3), opts for payment of tax under this section for any assessment year, he shall not be entitled to change his option for payment of tax in any other manner for any period of that assessment year.
(5) Any dealer who makes payment of tax under provisions of this section shall not be liable for submission of returns referred to in section 9.
(6) Where payment of tax in respect of any goods has been made under this section, no assessment of tax under section 9 shall be made in respect of such goods.
(7) Provisions of sub-section (9) of section 4 shall apply to all goods in respect of entry of which into a local area, payment of tax is to be made under this section.
### 12. Realization of tax through manufacturer.
(1) Notwithstanding anything contained in any other provision of this Act, any person who intends to bring into a local area from any manufacturer within the State, any goods specified in the Schedule, as may be notified by the State Government, shall, at the time of taking delivery of the goods from the manufacturer, pay to the manufacturer the tax payable on entry of such goods into the local area and the manufacturer shall receive the tax so paid. The manufacturer [shall not give such goods to the buyer]
[Substituted by section 5 (a) of Uttarakhand Act No. 18 of 2010.]
unless the amount of such tax has been paid by the purchaser.
(2) The manufacturer receiving the tax under sub-section (1) shall submit to the assessing authority return in respect of the goods supplied, and the tax received, by him under sub-section (I) and deposit the tax so received, in such manner and within such time as may be prescribed.
(3) Where any manufacturer fails to deposit the tax under this section he shall he liable to pay the tax along with the interest and penalty, if any, payable thereon which shall recoverable as arrears of land revenue.
(4) Where the assessing authority is satisfied that any goods referred to in sub-section (I) is lost or destroyed after its delivery by the manufacturer and before its entry into the local area, it shall direct that the tax paid in respect of such goods shall be refunded to the person who had paid the tax under sub-section (1):
Provided that no claim for such refund shall be entertained after the expiry of six months from the date of the loss or destruction of the goods.
(5) Provisions regarding imposition of penalty in respect of amount of tax deducted under section 35 of The Uttarakhand (The Uttaranchal Value Added Tax Act. 2005) Adaptation and Modification Order, 2007, and provisions regarding pay ability of interest under sub-section (4) of section 34 of the said Act shall mutatis mutandis apply to amounts collected by manufacturers from purchasers under this section.
(6) [ The amount of tax deposited under this sub-section shall be deemed to have been deposited for and on behalf of the dealer from whom such tax has been received. The manufacturer shall mention the amount of such tax in the dealer. It shall be deemed to be the proof for deposit of tax unless the tax invoice or sale invoice, as the case may be is found forged or bogus or fake or not validly issued or obtained fraudulently.]
[Added by section 5 (b) of Uttarakhand Act No. 18 of 2010.]
### 13. Applicability of certain provisions of the Uttarakhand (The Uttaranchal Value Added Tax Act, 2005) Adaptation and Modification Order, 2007.
- Subject to the provisions of this Act and the rules made thereunder, the authorities empowered to assess, re-assess, collect and enforce payment of tax under the Uttarakhand Value Added Tax Act, 2005 (Act
[No. 27 of 2005
) (as amended) shall assess, re-assess, collect and enforce payment of tax including penalty payable under this Act as if it was a tax or penalty payable under the said Act, and for this purpose they may exercise all or any of the powers they have under the said Act and the rules made thereunder and the provisions of the said Act of 2005 (as amended) including the provisions relating to the returns, payment and recovery of tax, liability to tax of dissolved firm and transferee, composition of tax liability, realization of tax by dealers, assessment, re-assessment appeal, revision, rectification, assessment of reconstituted or new firms and change of partnership, recovery from third part, check post and barriers, maintenance of accounts, power to order production of accounts and powers of entry and inspection, power to seize the good, offences and penalties, compositions of offences, liability on issuing false certificate, refund of tax, certain information to be confidential, making transfer to defraud void, charging and giving interests, objection to jurisdiction, indemnity, bar to certain proceedings, offences by companies, determination of disputed question, power of remission of arrears and granting installments and facility for sick industrial units shall, mutatis mutandis, apply.]
[Substituted by section 6 of Uttarakhand Act No. 18 of 2010.]
### 14. Utilization of the proceeds of the levy under this Act.
(1) The proceeds of the levy under this Act shall be appropriated to the Fund and shall be utilized exclusively for the development or facilitating the trade, commerce and industry in the State of Uttarakhand which shall include the following:-
(a) construction, development and maintenance of roads and bridges for linking the market and industrial areas;
(b) providing finance, aids, grants and subsidies to financial, industrial and commercial units;
(c) creating infrastructure for supply of electricity and water to industries, marketing and other commercial complexes;
(d) creation, development and maintenance of other infrastructure for the furtherance of trade, commerce and industry in general;
(e) providing finance, aids, grants and subsidies fix creating, developing and maintaining pollution free environment in the concerned areas;
(f) any other purpose connected with the development of trade, commerce and industry or. for facilities relating thereto which the State Government may specify by notification;
(g) providing finance, aids, grants and subsidies to local bodies and government agencies for the purposes specified in clauses (a), (c), (d), (e) and (f);
(2) The entry tax levied and collected under this Act shall be credited to the Uttarakhand Trade Development Fund and shall exclusively be used for facilitating trade, commerce and industry. The amount realized as entry tax shall not be used for the purposes other than those specified in sub-section (1):
[Provided that the tax so levied from any local area shall be utilized to provide facility in the same local area.]
[Added by section 2 of Uttarakhand Act No. 10 of 2011.]
(3) The State Government shall, by notification, specify the manner of deposit of tax under appropriate Heads of Accounts and the manner in which the proceeds of the levy shall be utilized exclusively for the development of trade and commerce in the State of Uttarakhand.
### 15. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date this Act is notified.
(2) The provisions made by any order under sub section (I) shall have effect as if enacted in this Act, and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act.
(3) Every order made under sub-section (I) shall, as soon as may be after it is made, be laid before the State Legislature and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttarakhand Act.
### 16. Power to make rules.
- The State Government may make rules for carrying out the purposes of this Act.
### 17. Validation.
(1) Notwithstanding any judgment, decree or order of any Court, Tribunal or Authority, all actions taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and entry tax levied, assessed, collected, realized, received or liability accrued under the Uttarakhand (Uttar Pradesh Tax on Entry of Goods Act, 2000) Adaptation and Modification Order. 2007, shall be deemed to have been validly taken; done, made, issued, levied, assessed, collected, realized, received or accrued under this Act, as if this. Act were in force at all material times and no suit or other proceedings shall be maintained or continued in any Court or before Tribunal or any Authority for the refund of entry tax.
(2) For the removal of doubts it is hereby declare that nothing in sub-section (I) shall be construed as preventing and person from claiming refund of entry tax paid by him in excess of the amount due from him under, the Act provided the burden of tax has not been passed on.
### 18. Repeal and saving.
(1) The Uttarakhand (Uttar Pradesh Tax on Entry of Good Act, 2000) Adaptation and Modification Order, 2007, is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of the powers under the said Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force at all material times.
The Schedule
### 1. Crude oil as defined in Section 14 of the Central Sales Tax Act, 1956. ###
2. Machinery and spare parts of machinery valuing Rupees ten lakhs or more.
### 3. Natural Gas. ###
4. Non levy sugar.
### 5. Tobacco in the form of cigarette. ###
6. Paper meant for writing printing or packing purpose excluding newsprint.
### 7. Pan masala containing tobacco (gutka) . ###
8. Cement.
### 9. Coal. ###
10. Wood and timber of all kinds and of all trees, of whatever species including ballies and bamboos, whether growing or cut or sawn imported from outside India.
### 11. High speed diesel, low Sulphur high speed diesel, ultra low sulphur high speed diesel, light diesel oil, superior, kerosene oil, furnace oil, residual fuel, low sulphur heavy stocks, heavy petroleum stocks and all its, variants but excluding kerosene oil of public distribution system. ###
12. Clinker.
### 13. Motor vehicles of all kinds including chassis thereof but excluding tractors. ###
14. Iron and steel as defined in section 14 of the Central Sales Tax Act, 1956,
### 15. Aluminum and its products excluding aluminum utensils. ###
16. Cables of all kinds.
### 17. Laptops, computer system and peripherals. TV including LCD TV. ###
18. Tyres and tubes excluding tyres and tubes of cycles, cycle-rickshaw and animal driven vehicles.
### 19. Marble stones and their tiles.
### 20. Refrigerators, Air-conditioners and Air-conditioning plants.
|
65ba519fab84c7eca86eaf08 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970
------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970
==================================================================
Act 17 of 1970
----------------
* Published on 20 June 1970
* Commenced on 20 June 1970
Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970
(Tamil Nadu Act
17 of 1970
)
Statement of Objects and Reasons - Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act
17 of 1970
). - According to section 5 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, the ceiling area in the case of every person and in the case of every family consisting of not more than five members, is 30 standard acres. Even after the implementation of the said Act, there is disparity in the ownership of agricultural land leading to the concentration of such land in the hands of certain persons to the common detriment. As a further step towards agrarian reform it is considered necessary to reduce such disparity. With a view to achieve this object it is considered necessary to reduce the ceiling area from 30 standard acres to 15 standard acres.
2. The Bill seeks to achieve the above object.
Published in Part IV-Section 3 page 54 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st March 1970.
Received the assent of the President on the 20th June 1970 and first published in Part IV- Section 4 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd June 1970.
An Act further to reduce the ceiling on agricultural land holding in the State of Tamil Nadu.
Whereas under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act
58 of 1961
), the ceiling area in the case of every person and in the case of every family consisting of not more than five members, is 30 standard acres;
And Whereas Even after the implementation of the said Act, there is disparity in the ownership of agricultural land leading to the concentration of such land in the hands of certain persons to the common detriment;
And Whereas as a further step towards agrarian reform, it is considered necessary to reduce such disparity;
And Whereas with a view to achieve this object, it is considered necessary to reduce the ceiling area from 30 standards acres to 15 standard acres;
And Whereas for the above purpose it is expedient that the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act
58 of 1961
) shall have effect subject to modifications;
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-first Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970.
(2) It shall be deemed to have come into force on the 15th day of February 1970.
### 2. The modifications made by this section have been incorporated in the principal Act, viz., the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act
[58 of 1961
).]
### 3. Saving.
(1) Subject to the provisions of sub-section (2), any action taken (including any order made, notification issued, decision or direction given, preceding taken, liability or penalty incurred and punishment awarded, under the provisions of the principal Act before the date of the publication of this Act in the Fort St. George Gazette, may be continued or enforced after the said date in accordance with the provisions of the principal Act as if this Act had not been passed.
(2) Nothing in sub-section (1) shall be deemed to entitle any person whether or not such persons is a party to any proceeding mentioned in sub-section (1) to hold after the 15th day of February 1970, land in excess of the ceiling area under the principal Act as modified by section 2 and the provisions of the principal Act as modified by section 2 shall, after the said date, apply to such person.
|
65b951a4ab84c7eca86e8dce | acts |
State of Himachal Pradesh - Act
---------------------------------
Himachal Pradesh Factories (Control of Dismantling) Act, 1973
---------------------------------------------------------------
HIMACHAL PRADESH
India
Himachal Pradesh Factories (Control of Dismantling) Act, 1973
===============================================================
Act 6 of 1974
---------------
* Published on 5 February 1974
* Commenced on 5 February 1974
Himachal Pradesh Factories (Control of Dismantling) Act, 1973
(Act No. 6 of 1974)
Last Updated 11th June, 2020
[Dated 05.2.1974.]
For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7th April 1973, p. 536.
An Act to control the dismantling of Factories in Himachal Pradesh.
Be it enacted by the Legislative Assembly in the Twenty-fourth Year of the Republic of India as follows: -
### 1. Short title, extent and commencement.
- This Act may be called the Himachal Pradesh Factories (Control of Dismantling) Act, 1973.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "to dismantle" a factory means to remove from its position the machinery or part of the machinery of the factory, whereby such removal the factory is rendered wholly or partly useless for its purposes; but does not include any temporary removal within the premises of the factory of the machinery or part of the machinery for purposes such as adjustment, cleaning and repairs;
(b) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948, and includes a small scale industry unit with a capital investment of not more than seven lakhs and fifty thousand rupees irrespective of the number of persons employed.
Explanation. - In this clause, `Capital Investment' means investment in plant and machinery only;
(c) "machinery" has the meaning assigned to that word in clause (j) of section 2 of the Factories Act, 1948;
(d) "notification" means a notification published under proper authority in the Rajpatra, Himachal Pradesh; and
(e) "State Government" means the Government of Himachal Pradesh.
### 3. Dismantling a factory.
(1) No person shall, without the written permission of the State Government or of an officer authorised in this behalf by that Government, dismantle any factory or remove from a factory any spare parts kept for maintaining the machinery of the factory in order.
(2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine or with both.
### 4. Offences by corporation.
- If the person contravening any of the provisions of sub-section (1) of section 3 is a company or other corporate body, every director, manager or secretary or other officer or agent thereof, shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.
### 5. Powers of entry, examination, taking evidence, etc.
(1) Subject to any rules made by the State Government, any officer authorised in this behalf by that Government may, if he has reason to believe that any person, has contravened any of the provisions of sub-section (1) of section 3 within the local limits for which he is so authorised, -
(a) enter with such assistance (if any), being persons in the service of the State Government, as he thinks fit, any place;
(b) make such examination of the place and of any machinery, books or documents therein and take on the spot or elsewhere such evidence of any persons as he may deem necessary for carrying out the purposes of this Act; and
(c) exercise such other powers as may be necessary for carrying out the purposes of this Act:
Provided that no one shall be required under this section to answer any question or give any evidence tending to incriminate himself.
(2) Whoever wilfully obstructs an officer authorised under sub section (1) in the exercise of any power conferred by that sub-section, or fails to produce on demand any book or documents in his custody or to comply with any demand for information or knowingly or recklessly makes to such officer a statement false in any material particular shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.
### 6. Cognizance of offences.
- No prosecution for any offence under this Act shall be instituted except by or with the previous sanction of the State Government or the officer authorised by the State Government for the purposes of sub-section (1) of section 3.
### 7. Bar of legal proceedings.
- No suit, prosecution, or other legal proceedings shall lie against the State Government, or any officer for anything which is in good faith done, or intended to be done, under this Act.
### 8. Power to make rules.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide-
(a) the procedure for the grant of the permission referred to in sub-section (1) of section 3;
(b) for an appeal against refusal to grant the permission referred to in sub-section (1) of section 3 when such refusal is by an officer, authorised in pursuance of that section; and
(c) for regulating the manner in which officers authorised under sub-section (1) of section 5 shall exercise their powers.
(3) Every rule made under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 9. Repeal and savings.
- The East Punjab Factories (Control of Dismantling) Act, 1948, as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966, is hereby repealed:
Provided that anything done, any action taken or any proceedings commenced in exercise of the powers conferred by or under the said Act shall be deemed to have been done, taken or commenced under the corresponding provisions of this Act.
|
65ba52f0ab84c7eca86eaf8a | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010
------------------------------------------------------
TAMILNADU
India
Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010
======================================================
Act 45 of 2010
----------------
* Published on 1 December 2010
* Commenced on 1 December 2010
Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010
(Tamil Nadu Act
No. 45 of 2010
)
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st December 2010 and is hereby published for general information: -
An Act to make special provisions for Chennai Metropolitan Planning Area for a period of one year and for matters connected therewith or incidental thereto.
Whereas, there had been rapid increase in the population owing to industrialization, migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the First Master Plan for Chennai Metropolitan Planning Area in force, the Development Control Rules contained therein and the building rules, regulations and bye-laws;
And Whereas, the Government have constituted a Committee headed by a retired Supreme Court Judge to look into all aspects of developments and to suggest necessary modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
);
And Whereas, it is expected that the recommendations of the Committee aforesaid may involve substantial amendments to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
) and some with retrospective effect, and in particular to the provisions relating to construction and use of the premises, thereby changing the position as obtaining now under the said Act;
And Whereas, Chennai Metropolitan Development Authority has prepared the draft Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026 keeping in view the emerging new dimensions in urban development, which has been published for public objections and suggestions giving time upto 31-8-2007. The draft Master Plan II after public consultation and modification as suggested by the Government was resubmitted to Government on the 29th February 2008. The Government have approved the said draft Master Plan II for Chennai Metropolitan Planning Area, 2026 and the same has been published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2008. The various ramifications of the approved Master Plan II for Chennai Metropolitan Planning Area, 2026 are under consideration of the six sectoral committees formed for the purpose;
And Whereas, a comprehensive policy for the improvement of slum areas and resettlement of the people in slum area wherever necessary in the Chennai Metropolitan Planning Area is contemplated by the State Government;
And Whereas, a detailed study of the issues relating to unauthorized occupation by the vendors and hawkers in the public street is contemplated with a view to evolving a scheme for regulating their activities;
And Whereas, action for violation of the provisions of the First Master Plan for Chennai Metropolitan Planning Area in force and Development Control Rules contained therein, before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large number of people including small traders;
And Whereas, the Tamil Nadu Laws (Special Provisions) Ordinance, 2007 (Tamil Nadu Ordinance 1 of 2007), which was replaced by the Tamil Nadu Laws (Special Provisions) Act, 2007 (Tamil Nadu Act 39 of 2007), was challenged before the High Court of Madras, and it was quashed by a Division Bench of the High Court of Madras; And Whereas, in the Special Leave Petitions filed before the Supreme Court of India against the above Judgment of High Court of Madras, quashing the above said Tamil Nadu Ordinance 1 of 2007 and the said Tamil Nadu Act 39 of 2007, the Supreme Court has ordered that status quo as on 14th December 2007 shall be maintained until further orders and the petitioners shall not pass any order of regularisation in the meantime;
And Whereas, the validity of the said Tamil Nadu Act 39 of 2007 is pending before the Supreme Court of India and the said Tamil Nadu Act 39 of 2007 ceased to operate on the 26th day of July 2008 and in order to maintain the status quo as ordered by the Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special Provisions) Act, 2008 (Tamil Nadu Act 56 of 2008), which ceased to operate on the 26th day of July 2009 and subsequent enactment namely, the Tamil Nadu Laws (Special Provisions) Act, 2010 (Tamil Nadu Act 7 of 2010) would also cease to operate from the 27th day of July 2010;
And Whereas, there is a need to make provisions to deal with deviations which may be marginal or gross in nature in a balanced and just manner without compromise on the safety and transport mobility but at the same time keeping in view the spirit and text of judicial pronouncements;
And Whereas, the modern requirements of fire safety precautions in commercial and shopping centers should be gone through thoroughly evolving a safety measure and to make provisions to empower the planning authority suitably;
And Whereas, the committee headed by a retired Supreme Court Judge has since submitted its report and the Government will require more time to consider the said report and there is an urgent need for deferring enforcement action against unauthorized buildings;
And Whereas, the purpose and objective of the Tamil Nadu Laws (Special Provisions) Act, 2010 has not been subserved and it is expedient to have a law to provide temporary relief to the people of Chennai Metropolitan Planning Area against such action for a period upto 26th July 2011 within which various issues referred to above to be finalized;
And Whereas, it is expedient to have a law for a period of one year to provide temporary relief and to minimize hardships and irreparable loss to a large number of people including small traders;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year of the Republic of India as follows: -
### 1. Short title, extent and commencement.
(1) This Act may be called the Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010
(2) It extends to the Chennai Metropolitan Planning Area.
(3) It shall be deemed to have come into force on the 27th day of July 2010.
(4) It shall cease to have effect on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section 8 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act 1 of 1891) , shall apply as if this Act had then been repealed by a Tamil Nadu Act.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "building rules, regulations and bye-laws" means rules, regulations and bye-laws made under the Chennai City Municipal Corporation Act, 1919, (Tamil Nadu Act IV of 1919) the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as the case may be, relating to buildings;
(b) "Chennai Metropolitan Planning Area" means the Chennai Metropolitan Planning Area, specified under clause (23-a) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
);
(c) "detailed development plan" means a detailed development plan approved under the Tamil Nadu Town and Country Planning Act, 1971, (Tamil Nadu Act
35 of 1972
) in respect of any area covered under the Chennai Metropolitan Planning Area;
(d) "Development Control Rules" means the Development Control Rules for Chennai Metropolitan Planning Area;
(e) "Government" means the State Government;
(f) "local authority" means the Chennai City Municipal Corporation established under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or Municipalities or Town Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu District Municipalities Act, 1920, (Tamil Nadu Act V of 1920) or Panchayat Unions or Village Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994) or the Chennai Metropolitan Development Authority constituted under the Tamil Nadu Town and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under their respective jurisdictions;
(g) "Master Plan" means the Master Plan for Chennai Metropolitan Planning Area, published under the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
);
(h) "public street" means public street as defined in clause (37), of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
);
(i) "punitive action" means action taken by local authority within Chennai Metropolitan Planning Area under the relevant law against unauthorized development and shall include demolition, whether in pursuance of court orders or otherwise;
(j) "relevant law" means in case of -
(i) the Chennai Metropolitan Development Authority, the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act IV of 1919);
(ii) the Chennai City Municipal Corporation, the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919);
(iii) the Municipalities and Town Panchayats, the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and
(iv) the Panchayat Unions and Village Panchayats, the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994);
(k) "unauthorized development" means use of any land or any building or construction of any building carried out, -
(i) in deviation from any planning permission or building permit; or
(ii) without obtaining any planning permission or building permit; or
(iii) in contravention of the land use zoning under the Master Plan or any approved detailed development plan; or
(iv) in contravention of the Development Control Rules for Chennai Metropolitan Planning Area, building rules, regulations, bye-laws applicable to areas within the Chennai Metropolitan Planning Area;
and includes unauthorized occupation by hawkers and street vendors in the public street and by the people in the slum area.
(2) The words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
), the Chennai City Municipal Corporation Act, 1919, (Tamil Nadu Act IV of 1919) the Tamil Nadu District Municipalities Act, 1920, (Tamil Nadu Act V of 1920) and the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994).
### 3. Government to finalise norms and policy guidelines etc.
(1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Government shall within a period of one year from the date of commencement of this Act, take all possible measures, with due regard to environment, to finalise norms, policy guidelines and feasible strategies to deal with the problems of unauthorized developments with regard to the under mentioned categories, namely: -
(a) land use not conforming to, the Master Plan, detailed development plans or any Planning permission;
(b) construction in deviation from or beyond planning permission or building permit;
(c) development without any planning permission or building permit; and
(d) unauthorized occupation by, the hawkers and street vendors, in the public street and by the people in slum area,
so that the developments of Chennai Metropolitan Planning Area take place in a sustainable and planned manner.
(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo as on the date of the commencement of this Act shall be maintained in respect of the categories of unauthorized development mentioned in sub-section (1).
(3) All notices issued by any local authority or any authority empowered under relevant law for initiating action against the categories of unauthorized development mentioned in sub-section (1) prior to 27th day of July 2007 shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year.
(4) Notwithstanding any other provisions contained in this Act, the Government may, at any time, before the expiry of one year withdraw the concession given in sub-section (2) or sub-section (3) as the case may be, by notification in the Tamil Nadu Government Gazette in respect of the categories of unauthorized development mentioned in sub-section (1).
### 4. The Provisions of this Act not to apply in certain cases.
- During the period of operation of this Act, no relief shall be available under section 3 in respect of the following categories of unauthorized development, namely: -
(a) any unauthorised development started or continued on or after the 27th day of July 2007;
(b) commencement of any activity anywhere in the Chennai Metropolitan Planning Area in violation of the provisions of the Master Plan or any detailed development plan on or after the 27th day of July 2007;
(c) unauthorized occupation on public street except in those cases which are covered under clause (d) of sub-section (1) of section 3; and
(d) removal of people in slum area, hawkers and street vendors in accordance with policies of the Government, for clearance of land required for any public project.
### 5. Act to override other laws.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law made by the legislature of the State for the time being in force.
### 6. Power to give directions.
- The Government may, from time to time issue such directions to any local authority or any authority under any relevant law as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of such local authority or authority to comply with such directions.
### 7. Repeal and saving.
(1) The Tamil Nadu Laws (Special Provisions) Ordinance, 2010, (Tamil Nadu Ordinance 1 of 2010) is hereby repealed.
(2) Notwithstanding such repeal anything done, any action taken or any direction given under the said Ordinance shall be deemed to have been done, taken or given under this Act.
|
65bab991ab84c7eca86ec673 | acts |
NCT Delhi - Act
-----------------
The Delhi Police (Miscellaneous Matters) Rules, 1980
------------------------------------------------------
DELHI
India
The Delhi Police (Miscellaneous Matters) Rules, 1980
======================================================
Rule THE-DELHI-POLICE-MISCELLANEOUS-MATTERS-RULES-1980 of 1980
----------------------------------------------------------------
* Published on 29 December 1980
* Commenced on 29 December 1980
The Delhi Police (Miscellaneous Matters) Rules, 1980
Published vide Notification No. F. 10/53/80-Home(P/Estt, dated 29th December, 1980
Notification No. F. 10/53/80-Home(P/Estt, dated 29th December, 1980.-Rules governing claims for disposal of property and other miscellaneous matters under Section 147 of the Delhi Police Act, 1978.
### 1. Nomenclature.
- In exercise of the powers conferred by Section 147 of the Delhi Police Act, 1978, the Administrator is pleaded to make the rules with respect to the following matters enumerated in clauses (f) , (g), (i), (j) and (k) of sub-section (2) of Section 147 of the said Act, namely-
(i) determination of the cost of employing additional police under sub-section (2) of Section 38;
(ii) manner of taking measurements and photographs under Section 55 of a person against whom an order has been made under Section 46, Section 47 or Section 48;
(iii) form of receipt to be given in respect of any article detained under Section 62;
(iv) the authority to whose satisfaction claims are to be established under sub-section (2) of Section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all others; matters connected therewith under sub-section (3) of that section;
(v) payment to any police officer or division a mong two or more police officers, the whole or any portion of any reward, forfeiture or penalty, under the proviso to Section 132.
### 2. The shall be called the Delhi Police (Miscellaneous Matters) Rules, 1980.
### 3. Applicability.
- They shall come into force with effect from the date of their publication in the Delhi Gazette.
### 4. Determination of cost of Additional Police [Section 147(2) (f) of Delhi Police Act, 1978].
- The cost of additional police to be employed under Section 38 of the Delhi Police Act shall be worked out as under-
(a) Total of emoluments, including average pay, Dearness allowances, Washing Allowance, Metropolitan Allowance, City Compensatory Allowance, House Rent allowance plus expenditure on clothing, equipment, conveyance, leave contribution pension and contingencies, shall be worked out on monthly basis and divided by 30 to calculate daily per capita charges.
(b) The daily charges shall mean charges for 5 hours duty during day or 4 hours duty during night.
(c) The charges shall be doubted where the duty lasts for more than the above prescribed hours.
(d) The entire cost shall be deposited by the person making the request in advance.
(e) [ Where the person on whose application additional police force has been deployed, makes a written request that the police force so deployed may be removed, such request may be accepted by the Deputy Commissioner of Police concerned subject to the condition that the advance payment made by the person shall not be refunded after deducting the charges in respect of the deployed force for a period of 24 hours from the date and time when the request is received by the Dy. Commissioner of Police.]
[Substituted by Notification No. F/5/8/85 Home (P) Estt. dated 27-3-1985.]
### 5. Taking measurement and photographs etc. of persons against whom action under Sections 46, 47 & 48 of Delhi Police Act, 1978 is taken [Section 147(2) (g)]
(1) Whenever an order is passed against a person(s) in Delhi under Sections 46, 47 or 48 of the Delhi Police Act, such person(s) shall be liable to be photographed, measured and to give his give his finger prints, etc. to the police at a time and place to be determined by the Station House Officer concerned in the following manner-
(a) photographed from whichever angle and in whatever costume it is considered necessary; provided that in the case of female extraneous due regard to modesty shall be kept,
(b) height and chest shall be measured and identification marks noted down (Chest measurements in case of females shall not be taken);
(c) finger prints and thumb impressions shall be taken; and
(d) a complete descriptive roll shall be prepared for police record.
(2) Whenever any person(s) to be photographed/measured etc., as laid down in sub-rule (1) above is woman, such measurement/photographs, etc., shall invariably be taken in the presence of a member of woman police and two respectable ladies.
### 6. Form of receipt to be given in respect of articles detailed under Section 62 [Item (i) of sub-section (2) of Section 147.]
- Whenever any article or property is detained by a police officer under Section 62 of the Delhi Police Act, 1978, the said Police Officer shall prepare a receipt in Form I, in duplicate. One copy of the receipt shall be handed over to the person from whose possession the article or articles have been detained and the second copy shall he deposited in the malkhana along with the articles. A detailed report regarding detention of the article shall also be entered in the daily diary of the Police Station concerned simultaneously.
### 7. Prescribed Authority for Claims Under Section 62 of the Delhi Police Act, 1978 [Item (i) of sub-section (2) of Section 447].
- The prescribed authority means and includes the Deputy Commissioner of Police of a District/Deputy Commissioner of Police, Palam and Deputy Commissioner of Police Crime and Railways as the case may be and Additional Commissioner of Police, in charge of the District/Unit concerned.
### 8. Form of submitting Claims [Item (j) of sub-section (2) of Section 147].
- The claim under sub-section (2) of Section 69 of the Delhi Police Act, 1978 shall be submitted by the person concerned in Form 11.
### 9. Manner of submitting claims [Item (g) of sub-section (2) of Section 147].
- (i) The person claiming compensation shall apply to the Deputy Commissioner of Police, Old Police Lines in the prescribed form. The Deputy Commissioner of Police (Lines) shall forward the application to the Deputy Commissioner of Police in whose jurisdiction the property was found intimating the expenditure incurred by the State on the transportation, storage and auction of the property for which compensation is claimed; date of its auction and the amount credited to Government's account as a result thereof. The Deputy Commissioner of Police of the Dist./Unit concerned shall verify the claim with reference to his own record for final assessment and issue payment of compensation orders.
(ii) While assessing the claim, the Deputy Commissioner of Police of the District/Unit concerned shall keep the following facts in view-
(a) Cost incurred by the police department on transportation, storage and auction is recovered from the claimant.
(b) Where the claim is preferred by a Government Department except a State Government, Defence, P & T and Railway, the charges incurred by the Police department on storage, transportation, organising auction may not be recovered.
(c) The cost of transport, storage and auction shall be calculated in accordance with the instructions to be issued by the Commissioner of Police from time to time.
(d) The total amount of the accepted claim shall not exceed the amount realised by way of auction of the property for which compensation is claimed.
[The cost of transportation, stores and auction etc. shall be deducted from the sale proceeds received in auction of property, while settling the claims.]
[Inserted by Notification No. F 5-8-85 - Home (P) - Estt. dated 1985.]
(e) The orders regarding net payment to be made to the claimant shall be issued by the Deputy Commissioner of Police concerned. The amount will be drawn under head-"Reward in Public" through a contingent bill and sent to the Deputy Commissioner of Police Lines for disbursement to the claimant under proper receipt.
### 10. Payment of whole or portion of reward, forfeiture or penalty to Police Officers [Item K of Sub-section (2) of Section 147].
- Whenever, any reward, forfeiture and penalty is sought to be paid to a Police Officer(s) for special service under section 132 of the Delhi Police Act, 1978 the Commissioner of Police, the Additional Commissioner of Police and the Deputy Commissioner of Police shall be competent to pay to a Police Officer or divide amongst two or more Police Officers, the said reward, forfeiture and penalty as follows-
(a) Dy. Commissioner of Police : If the total value of the reward, forfeiture or penalty is Rs. 1000 or below.
(b) Addl. Commissioner of Police: If the total value of the reward, forfeiture or penalty is Rs. 5000 or below.
(c) Commissioner of Police : Full Powers.
(ii) The proportion of division of the amount of reward, forfeiture or penalty amongst two or more police officers shall be determined by the Commissioner, Addl. Commissioner or the Deputy Commissioner of Police as the case may be as indicated above keeping in view the contribution of each in the concerned case.
Form I
Form of Receipt Under Rule 6
Certified that the under mentioned article have been into possession from Shri..................(Aged) ......S/o..........r/o........in the presence of undermentioned witnesses for action under Section 62 of the Delhi Police act-
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Description of the item taken into possession
|
Number
|
Identification marks, if any
|
Remarks
|
|
|
|
|
|
|
Signature
(Designation of Police Officer)
Witnessed By-
### 1. Name.............. Parentage Address...........
### 2. Name.......... Parentage Address...........
Signature/Thumb Impressionof the Possessor of the articles.
Form II
(a) Name of the claimant................................................................
(b) Father's Name..............................................................
(c) Full residential address........................(i) Permanent.........................................................(i) Temporary.................
(d) full description of property for which..................................... claim is preferred, with make, No., weight, colour & specific mark of identification
(e) Date of purchase............................................................
(f) From whom purchased.........................................................
(g) Proof of ownership....................................................................................................................
(h) Date when lost............................................................................................
(i) Place where lost (indicate if any report was lodged with Police if so attach copy of daily diary entry)
Certified that the informationfurnished above is correct andthat nothing has been concealed.
Date
Signature of the claimant
Name in...............
(block letters)
|
65b9a61cab84c7eca86e98b1 | acts |
State of Haryana - Act
------------------------
The Industrial Disputes (Haryana Amendment) Act, 1976
-------------------------------------------------------
HARYANA
India
The Industrial Disputes (Haryana Amendment) Act, 1976
=======================================================
Act 39 of 1976
----------------
* Published on 10 August 1976
* Commenced on 10 August 1976
The Industrial Disputes (Haryana Amendment) Act, 1976
Haryana Act
No. 39 of 1976
Received the assent of the President of India on the 10th August, 1976 and was published in the Haryana Gazette, (Extra.), Legislative Supplement, Part I, dated August 12, 1976/Sravana 21, 1898.
An Act to amend the Industrial Disputes Act, 1947, in its application to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Twenty-seventh Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Industrial Disputes (Haryana Amendment), Act, 1976.
### 2. Amendment of section 7 of Central Act 14 of 1947.
- In the sub-section (3) of section 7 of the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), -
(i) for clause (b), the following clause shall be substituted, namely :-
"(b) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge, or"; and
(ii) after clause (c), the following clause shall be inserted, namely :-
"(cc) he has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".
### 3. Amendment of section 7A of Central Act 14 of 1947.
- In sub-section (3) of section 7A of the principal Act, -
(i) for clause (aa), the following clause shall be substituted, namely :-
"(aa) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge; or"; and
(ii) after clause [aa], the following clause shall be inserted, namely :-
"[aaa] he has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".
|
65b92bafab84c7eca86e87e7 | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977
--------------------------------------------------------------------------------------------
UTTAR PRADESH
India
The U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977
============================================================================================
Rule THE-U-P-ELECTRICITY-REGULATION-OF-SUPPLY-DISTRIBUTION-CONSUMPTION-AND-USE-ORDER-1977 of 1977
---------------------------------------------------------------------------------------------------
* Published on 19 September 1977
* Commenced on 19 September 1977
The U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977
Published vide Notification No. 5009-P-3-77/23-216-77, dated 19.9.1977
Whereas, the State Government is of opinion that it is necessary and expedient so to do for maintaining the supply and securing the equitable distribution of electrical energy, to provide for regulating the supply, distribution, consumption and use thereof;
Now, therefore, in exercise of the powers conferred by Section 22-B of the Indian Electricity Act, 1910 (Act No. 9 of 1910), the Governor is pleased to make the following Order :
### 1. Short title, extent and commencement.
- (i) This Order may be called the Uttar Pradesh Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977.
(ii) It shall extend to the whole of Uttar Pradesh.
(iii) It shall come into force at once.
### 2. Definitions.
- In this Order unless the context otherwise requires-
(a) "Factory" means a factory as defined in the Factories Act, 1948, but does not include a factory in which on manufacturing process is being or is ordinarily carried on with the aid of power;
(b) The expressions "Shop" and "Commercial establishments" have respectively the meaning assigned to them in the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962.
### 3. Staggering of holidays of factories.
- The non-continuous process industries other than atta chakkis, cold storages, Ice Factories, Petrol Pumps, Automobile service and air-filling stations situated in districts specified in Schedule "A" to this Order shall observe the day specified in the said Schedule against it as the weekly holiday.
### 4. Hours of business and close days of shops and commercial establishments.
(1) All shops and commercial establishments in districts headquarters, KAVAL Towns and in towns having a population of more than 30,000 as specified in Schedule "B" to this Order shall observe the following hours of business, namely :
"From 9.00 a.m. to 8.00 p.m. on all days of the week other than the closed day."
(2) Any atta chakkis or automobile service and air-filling station observing immediately before the commencement of this Order Sunday as the closed day shall, observe Sunday or instead of Sunday, such other day of the week as may be specified by the District Magistrate as the closed day.
### 5. Powers of entry, search, etc.
- The powers of entry into, search and inspection of premises and places for the purposes of enforcement of this Order, shall be exercised
(a) in relation to factories, by the inspectors appointed under the Factories Act, 1948, and the provisions of Sections 52 and 53 of that Act to the extent they are not inconsistent with the provisions of this Order, shall mutatis mutandis apply, in relation to weekly holidays provided by this Order as they apply in relation to weekly holidays referred to in the said Section 52;
(b) in relation to shops and commercial establishments by the inspectors appointed under the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962, and the provisions of Sections 5, 8 and 9 of that Adhiniyam, to the extent they are not inconsistent with the provisions of this Order, shall mutatis mutandis apply in relation to hours of business and closed days provided by this Order as they apply in relation to hours of business and closed days provided by that Adhiniyam.
### 6. Compulsory cut in consumption of energy and demand.
(a) (i)
In respect of electrical energy consumed by all large and heavy power industrial consumers receiving power at 33KV and above, excepting fertilizers, from the U.P. State Electricity Board a cut of 50 per cent in their monthly consumption of electricity both in respect of energy and demand shall be exercised :
Provided that where any such industrial consumer has his own source of generation of energy which alone enables him to obtain 50 per cent, or more of his total consumption, then a cut of 100 per cent, in the energy supplied by the Uttar Pradesh State Electricity Board shall be exercised.
(ii) All are furnaces, induction furnaces, Rolling and Re-Rolling Mills receiving power at 33KV or below from the Uttar Pradesh State Electricity Board shall use energy for 12 hours only every day, from 8.30 p.m. to 8.30 a.m. next day for the duration of this Order.
(iii) All other continuous process industrial power consumers (listed in Annexure 2), as well as textile mills receiving power at 33 KV and below from Uttar Pradesh State Electricity Board, excluding oxygen and medicines for medical purposes shall observe a block closure of 10/11 days in a month, such industries shall be divided into 3 groups and as per Schedule "C" to this Order and shall be required to close their process for 10 days followed by working period of 20/21 days into rotation so, however, light and fan consumption to the limit of 5 per cent, of the contracted load shall be allowed in the period of block closure of such industries except that in relation to such industries, where block closure is technically not feasible due to the process involved they shall be subject to a power cut of 33 per cent, in their monthly consumption both in energy as well as in demand after obtaining express order in this behalf from the Uttar Pradesh State Electricity Board :
Provided that where any such industrial consumer has his own source of generation of energy then during the period he is supplied energy by the Uttar Pradesh State Electricity Board in accordance with Schedule "C" as above he shall observe a power cut to the extent of the installed capacity of such source of generation.
(iv) No consumer including Government owned offices and establishments shall display or cause to display any decorative or ornamental or advertising lights, neon signs on any shop or commercial establishments or factory except on their one board during the normal hours of business.
(v) All consumers using air-conditioning or humidification plants in offices, hotels, commercial and private establishments shall observe 25 per cent cut in their monthly energy consumption.
(b) For purposes of working out the monthly consumption in kilowatt hours the average of 3 highest consecutive monthly consumption for the calendar year 1976 shall be taken into account. All consumers shall work out the average themselves on the basis of the electrical energy rendered to them.
(c) For purpose of working out admissible maximum demand during the month the average of highest 3 consecutive maximum demand registered during calendar year 1976 shall be considered :
Provided firstly -
That if any consumer is found at any point of time to have failed to exercise the aforesaid cut to the prescribed extent above the establishment shall be liable to be summarily disconnected under orders of any of the officers referred to in Clause 9 appearing hereafter for such number of days as are arrived at by dividing the excess number of kilowatt hours actually drawn with the figures of daily permissible kilowatt hours based on the aforesaid limit and in addition for every excess demand created over and above aforesaid limit penalty at the rate of rupees 50 per KVA in addition to the governing rates shall be charged extra :
Provided secondly -
(i) That in the case of a factory or commercial establishment engaged in the production or manufacture of goods requiring continuous process the consumer shall have the right to adjust the excess consumption in the monthly billing period next day following, and
(ii) That in other cases where the excess consumption is not more than 10 per cent the consumer shall have the right to adjust this excess in the billing period next following monthly or two monthly, as the case may be.
(d) For working out the average monthly consumption in kilowatt hours the load factor in respect of new connection shall be assessed having regard to the nature of the industry and the consumption in relation to the contract demand shall be worked out on the basis of such assessed load factor. It shall then be reduced by 50 per cent, to prescribe the ceiling of consumption each month in relation to the particular consumer. The assessment of load factor shall be binding on the consumer. In respect of extensions of the load of existing connection the actual load factor worked out on the basis of the highest average monthly consumption of three consecutive months during the period of January 1, 1976 to December 31, 1976 shall be taken into account on the basis of the load factor so arrived at the consumption in respect of additional contract demand shall be determined and then ceiling of consumption for each month for the consumer in regard to the additional load:
Provided that shortfall in any month in consumption below the prescribed ceiling shall not be allowed to be carried forward to subsequent months.
### 7. Exemptions.
- The cut referred to in clause 6 shall not apply to the electrical connections of hospitals, waterworks, sewage pumping works, tube-wells and pumping sets and used for irrigation of agricultural fields, State Lift Irrigation Schemes and State tube-wells, State pumped canals, railway traction. Defence and Military installations, newspaper printing presses, and Government presses, milk chilling and processing centre, fruit preservation industries, cold storages, fertilizers manufacturing establishments, All-India Radio Stations, Aerodromes, Central and State Government Offices.
### 8. Restrictions on using electrical energy during certain hours.
(a) Any non-continuous process industry other than Petrol Pump. Automobile services and air-filling station receiving supply from Uttar Pradesh State Electricity Board, shall on any day not use electrical energy from 18.00 to 22.00 hours.
(b) All Shops and Commercial establishments shall observe the hours of business from 9 a.m. to 8 p.m. on all days of the week other than their closed day.
(c) All the rural line feeders district-wise shall get supply in two groups as in Annexure I to this Order in accordance with the electricity availability Schedule issued by the Uttar Pradesh State Electricity Board from time to time.
### 9. Power of disconnection without notice.
- Without prejudice to the provisions contained in Section 42 of the Indian Electricity Act, 1910, all Chief Zonal Engineers, Superintending Engineers. Executive Engineers and Assistant Engineers of U.P. State Electricity Board, Chief Electrical Inspector, Deputy Electrical Inspector and Assistant Electrical Inspector to the State Government and the authorised representatives of the holders of sanction under Section 28 (1) of the Indian Electricity Act, 1910 (9 of 1910), shall be deemed to be authorised to disconnect the supply summarily without notice in relation to such installations as are found upon inspection made by them personally or otherwise to have contravened this Order. The supply shall remain disconnected for such period not exceeding the period specified below for each connection, as the officer ordering the disconnection deems fit :
(a) Contravention first in point of time - Seven days.
(b) Contravention second in point of time - Fifteen days.
(c) Contravention beyond the Second - Thirty days.
### 10. Power to exempt.
- The State Government may, in public interest exempt any consumer from the operation of any of the provisions of this Order to such extent and for such period as it thinks fit.
### 11. Direction to Board.
- The Uttar Pradesh State Electricity Board shall not apply, except with the permission of the State Government, with the provisions of any contract agreement or requisition for the supply (other than the resumption of a supply) or an increase in the supply to energy to any person, where such compliance would be inconsistent with the provisions of this Order.
"A"
-----
| | | |
| --- | --- | --- |
|
Item No.
|
Day of weekly holiday
|
Districts
|
|
1
|
2
|
3
|
|
1.
|
Monday
|
1.
|
Farrukhabad
|
|
|
|
2.
|
Gorakhpur
|
|
|
|
3.
|
Jhansi
|
|
|
|
4.
|
Badaun
|
|
|
|
5.
|
Basti
|
|
|
|
6.
|
Etah
|
|
|
|
7.
|
Hardoi
|
|
|
|
8.
|
Fatehpur
|
|
|
|
9.
|
Bara Banki
|
|
|
|
10.
|
Lalitpur
|
|
2.
|
Tuesday
|
1.
|
Azamgarh
|
|
|
|
2.
|
Bareilly
|
|
|
|
3.
|
Bijnor
|
|
|
|
4.
|
Bulandshahr
|
|
|
|
5.
|
Dehra Dun
|
|
|
|
6.
|
Etawah
|
|
|
|
7.
|
Lucknow
|
|
|
|
8.
|
Jalaun
|
|
|
|
9.
|
Ghazipur
|
|
|
|
10.
|
Sultanpur
|
|
3.
|
Wednesday
|
1.
|
Allahabad
|
|
|
|
2.
|
Agra
|
|
|
|
3.
|
Aligarh
|
|
|
|
4.
|
Mirzapur
|
|
|
|
5.
|
Nainital
|
|
|
|
6.
|
Rae Bareli
|
|
|
|
7.
|
Banda
|
|
|
|
8.
|
Jaunpur
|
|
|
|
9.
|
Chamoli
|
|
|
|
10.
|
Tehri Garhwal
|
|
|
|
11.
|
Uttarkashi
|
|
4.
|
Thursday
|
1.
|
Moradabad
|
|
|
|
2.
|
Mathura
|
|
|
|
3.
|
Shahjahanpur
|
|
|
|
4.
|
Rampur
|
|
|
|
5.
|
Sitapur
|
|
|
|
6.
|
Faizabad
|
|
|
|
7.
|
Gonda
|
|
|
|
8.
|
Bahraich
|
|
|
|
9.
|
Kheri
|
|
5.
|
Friday
|
1.
|
Muzaffarnagar
|
|
|
|
2.
|
Saharanpur
|
|
|
|
3.
|
Unnao
|
|
|
|
4.
|
Varanasi
|
|
|
|
5.
|
Pilibhit
|
|
|
|
6.
|
Pratapgarh
|
|
|
|
7.
|
Almora
|
|
|
|
8.
|
Garhwal
|
|
6.
|
Saturday
|
1.
|
Meerut
|
|
|
|
2.
|
Mainpuri
|
|
|
|
3.
|
Hamirpur
|
|
|
|
4.
|
Ballia
|
|
|
|
5.
|
Deoria
|
|
|
|
6.
|
Ghaziabad
|
|
|
|
7.
|
Pithoragarh
|
|
7.
|
Sunday
|
1.
|
Kanpur (City) |
|
|
|
2.
|
Kanpur (Dehat) |
"B"
-----
List of towns having population more than 30,000 as per census, 1971
### 1. Najibabad ###
2. Nagina
### 3. Hardwar ###
4. Chandausi
### 5. Roorkee ###
6. Deoband
### 7. Shamli ###
8. Kairana
### 9. Hapur ###
10. Modinagar
### 11. Baraut ###
12.
Khurja
### 13. Sikandrabad
### 14. Hathras
### 15. Sambal
### 16. Amroha
### 17. Ghaziabad
### 18. Firozabad
### 19. Kasganj
### 20. Shikohabad
### 21. Lalitpur
### 22. Balrampur
### 23. Nawabganj (Bara Banki)
### 24. Tanda (Faizabad) ### 25. Shahabad (Hardoi)
### 26. Mau (Azamgarh) ### 27. Kannauj and Sarai Meera (Farrukhabad)
### 28. Haldwani, and
### 29. Kashipur (Naini Tal).
"C"
-----
Segregation of Industries in Block
| | | |
| --- | --- | --- |
|
Particulars of Industries
|
Block
|
Period of closure of Industries
|
|
1
|
2
|
3
|
|
Industries engaged
in the manufacture of :
Sulphuric Acid (Contact process), Caustic Soda,
Fruit Preservation, Aluminium refining and manufacturing,
Synthetic fibre, Man-made fibre, Rayon, Synthetic Rubber,
Vanaspati involving Hydrogenation process not applicable to
refined oils), Drug manufacturing industries having fermentation
process and having contracted load more than 1 MVA.
|
I
|
1st to 10th of each month inclusive of these dates.
|
|
Industries engaged
in the processing of :
Solvent extraction, Tyres and Tubes of rubber,
Soda Ash, Acetylene and Oxygen, Chemicals, Paper straw board,
Pulp Card Board, Textiles Mills.
|
II
|
11th to 20th of each month and inclusive of these dates.
|
|
Industries engaged
in the process of :
Glass, Galvanising, Heat treatment, Induction
heating running on continuous basis, Camphor, Cement,
Distilleries and Breweries, Resin Distillation, Rubber
emulsifier and Sugar manufacture using vacuum pan.
|
III
|
21st to the last day of the month.
|
Annexure 1
Group "A"
It consists of the following districts :
### 1. Aligarh, 2. Azamgarh, 3. Agra, 4. Allahabad, 5. Almora, 6. Banda, 7. Bijnor, 8. Bareilly, 9. Bara Banki, 10. Dehra Dun, 11. Ballia, 12. Badaun, 13. Bahraich, 14. Bulandshahr, 15. Chamoli, 16. Etawah, 17. Etah, 18. Farrukhabad, 19. Faizabad, 20. Fatehpur, 21. Gonda, 22. Gorakhpur, 23. Ghazipur, 24. Ghaziabad, 25. Hardoi, 26. Hamirpur, 27. Sitapur. Group "B"
It consists of the following districts :
### 1. Basti, 2. Deoria, 3. Jalaun, 4. Jhansi, 5. Jaunpur, 6. Kanpur (City) and Kanpur (Dehat), 7. Lalitpur, 8. Kheri, 9. Lucknow, 10. Moradabad, 11. Mirzapur, 12. Mathura, 13. Mainpuri, 14. Meerut, 15. Muzaffarnagar, 16. Naini Tal, 17. Pilibhit, 18. Pratapgarh, 19. Pauri Garhwal, 20. Pithoragarh, 21. Rae Bareli, 22. Rampur, 23. Saharanpur, 24. Shahjahanpur, 25. Sultanpur, 26. Tehri-Garhwal, 27. Unnao, 28. Uttarkashi, 29. Varanasi. Annexure 2
List of continuous Industries
### 1. Synthetic fibre, man-made fibre rayon. ###
2. Tyres and Tubes of rubber.
### 3. Synthetic rubber. ###
4. Chemicals.
### 5. Paper straw board, Pulp, Card Board. ###
6. Glass.
### 7. Acetylene and Oxygen. ###
8. Solvent extraction plant.
### 9. Galvanising, heat treatment, induction heating running on continuous basis. ###
10. Aluminium refining and manufacturing.
### 11. Camphor. ###
12. Cement.
### 13. Sulphuric acid with contact process. ###
14. Caustic Soda.
### 15. Soda Ash. ###
16. Oxygen for medical purposes.
### 17. Distilleries and breweries. ###
18. Vanaspati involving Hydrogenation process (not applicable to refined oils).
### 19. Chemical fertilizers. ###
20. Drug manufacturing industries having fermentation process and having contracted load more than 1 MVA.
### 21. Fruit Preservation. ###
22. Resin distillation.
### 23. Rubber emulsifier. ###
24. Milk chilling centres.
|
65b975ddab84c7eca86e9204 | acts |
State of Punjab - Act
-----------------------
Civil Services (Departmental Examination), Punjab Rules, 2014
---------------------------------------------------------------
PUNJAB
India
Civil Services (Departmental Examination), Punjab Rules, 2014
===============================================================
Rule CIVIL-SERVICES-DEPARTMENTAL-EXAMINATION-PUNJAB-RULES-2014 of 2014
------------------------------------------------------------------------
* Published on 26 September 2014
* Commenced on 26 September 2014
Civil Services (Departmental Examination), Punjab Rules, 2014
Published vide Notification No. G.S.R. 55/Const./Art.309/2014, dated 26.9.2014
Last Updated 30th September, 2019
No. G.S.R. 55/Const./Art.309/2014. - In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for conduct of departmental examination of the officers appointed to the Civil Services in the State of Punjab, namely: -
### 1. Short title and commencement.
(1) These rules may be called the Civil Services (Departmental Examination), Punjab Rules, 2014.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Examination" means the departmental examination conducted under these rules;
(b) "Examination Committee" means the Departmental Examination Committee constituted under rule 3;
(c) "Examiner" means a person selected as an Examiner under rule 8;
(d) "member of service" means the person as mentioned in sub-rule (l) of rule 4;
(e) "Secretary" means the Secretary of the Departmental Examination Committee appointed under rule 5;
(t) "State Government" means the Government of the State of Punjab; and
(g) "Syllabus" means the Syllabus of departmental examination as specified rule 9.
### 3. Examination Committee.
- There shall be a committee to be known as Departmental Examination Committee, consisting of the following, namely:-
| | | |
| --- | --- | --- |
|
1.
|
Chief Secretary to Government of Punjab;
|
Chairman
|
|
2
|
Financial Commissioner Revenue and Secretary to
Government of Punjab, Department of Revenue, Rehabilitation and
Disaster Management; and
|
Member
|
|
3
|
Principal Secretary to Government of Punjab,
Department of Home Affairs and Justice.
|
Member
|
### 4. Examination.
(1) There shall be conducted an examination, for the members of service of the Indian Administrative Service and the Punjab Civil Service (Executive Branch), by the State Government.
(2) The examination shall ordinarily be held in the month of April, August and December every year. The date and time for examination shall be such, as may be notified by the State Government in the Official Gazette:
Provided that if the examination cannot be held as per the notified schedule due to any administrative reasons, then the examination shall be conducted at such time, as may be determined by the State Government.
[(3) All members of service shall qualify the examination in higher grade within a period of two years, which shall commence, -
(a) in the case of Indian Administrative Services officers, from the date of their joining in the State; and
(b) in the case of Punjab Civil Service officers, from the date of their joining in the Punjab Civil Services (Executive Branch); and]
(4) The members of service shall be given only four chances, to quality the examination.
(5) The members of service appointed from outside the Civil Services (i.e. Non-State Civil Services), shall also have to pass the examination.
(6) The following members of service, shall be exempted, from passing the examination, namely:-
(a) the Indian Administrative Service officers (on probation) other than the direct recruits (i.e. promoted from the State Civil Service);
(b) the Punjab Civil Service officers (on probation), who are promoted from amongst the Revenue Officers (i.e. District Revenue Officer or Tehsildar or Naib-Tehsildar, as the case may be), have already passed those papers, with requisite percentage;
(c) the members of service, who have already passed Hindi and Punjabi papers (as one of the compulsory or elective subject or any other equivalent examination at matriculation level), with at least forty percent marks; and
(d) the Indian Administrative Service officer (on probation), if already cleared the same during the Phase-II training at Lal Bahadur Shastri National Academy of Administration subject to production of the certificate in this regard .
(8) [ An Indian Administrative Service officer, who joins in the Punjab State by transfer or on deputation after completing probation in other cadre from any other State, shall be exempted from passing such subjects, keeping in view the examination of the relevant subject already passed by such officer, in his parent cadre.]
[Inserted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
### 5. Secretary of the Examination Committee.
- There shall be a Secretary, Examination Committee, who shall be appointed by the State Government.
### 6. [ Powers and functions of the Examination Committee.
[Substituted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
- The following shall be the powers and functions of the Examination Committee, namely: -
(i) to finalise the Syllabus of examination from time to time;
(ii) to finalise the results of examination; and
(iii) to order declaration of final result of the examination.]
### 7. [ Functions and duties of the Secretary.
[Substituted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
- The Secretary shall be overall incharge for conduct of the examination and shall perform the following functions and duties, namely: -
(i) assist the Examination Committee in its day to day functions;
(ii) to select the Examiners;
(iii) to approve the set of question papers for each subject;
(iv) to fix the date and time for examination;
(v) deliver the question papers, to the Examiners, for each examination;
(vi) deliver the answer sheets, to the Examiners concerned;
(vii) receive the question papers alongwith awards of marks, from the Examiners, within a period of two weeks from the date of completion of the examination;
(viii) submit the awards to the Examination Committee for approval, within a period of one week from the date of receipt of the awards, from the Examiners; and
(ix) generally conduct the whole correspondence and business of the examination.]
### 8. Examiner.
(1) The selected Examiner of the paper concerned, shall set the papers, examine the papers and award marks as per the performance of each member of service. The Examiner shall hand over the list of marks awarded to each paper and hand over the same to the Secretary along with answer sheets in a sealed envelope.
(2) The Examiner shall complete all the process given in sub-rule (1), within a period of fifteen days from the date of completion of the examination.
(3) Each Examiner shall, set the papers only from the Syllabus approved by the Examination Committee from time to time.
(4) Each Examiner shall, be entitled to receive such honorarium, as is fixed by the State Government from time to time.
### 9. [ Syllabus for departmental examination.
[Substituted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
- The Syllabi, the subjects and the pattern of the examination, shall be such as may be notified by the State Government from time to time.]
[Substituted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
### 10. Passing percentage of examination.
(1) A member of service appearing in the examination, shall be declared passed in the examination-
(a) if he obtains 66.66 percent marks in the subject of Criminal Law and Revenue Law.
(b) if he obtains 55 percent marks in other subjects.
(2) A candidate who uses or attempts to use any unfair means in the departmental examination will render him self liable to any of the punishment specified in rule 6 of the All-India Services (Discipline and Appeal) Rules, 1969 or in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as the case may be.
### 11. Result.
(1) After the completion of the examination, the name of the member of service, who qualifies the examination with the requisite percentages as specified in Rule 10, shall be published in the Official Gazette.
(2) If a member of service obtains less than 66.66 percent marks or 55 percent marks, as the case may be, he shall be declared failed, and the result shall be notified accordingly.
### 12. Conditions for vesting certain powers.
(1) No member of service, shall be vested with the powers of an Executive magistrate, unless, -
(i) he has served as Assistant Commissioner or Extra Assistant Commissioner, for a period of not less than six months; and
(ii) has passed the papers in Criminal Law with not less than 66.66 percent marks; or
(iii) is exempted under sub-rule (6) of rule 4, from passing of the examination.
(2) No member of service shall be vested with the powers of Assistant Collector Grade-for Collector, -
(i) who has served as Assistant Commissioner or Extra Assistant Commissioner for not less than a period of six months; and
(ii) has passed the paper in Revenue Law with not less than 66.66 percent marks; or
(iii) is exempted under sub-rule (6) of rule 4, from passing of the examination.
### 13. Repeal.
- The Rules for the Departmental Examination of Assistant Commissioner, Extra Assistant Commissioner and Candidates for the post of Extra Assistant Commissioner in Punjab, published in the Punjab Government Gazette, dated the 10th December, 1971, vide Government of Punjab, General Administration Department, Notification No. G.S.R/Const./Art.309171, dated the 1st December, 1971 and amendment published in Punjab Govt. Gazette dated 15th January 1980 vide Notification No.GSR 6/Const/Art.309/Amd (2) 80, dated 15.01.1980 are hereby repealed:
Provided that any action taken or anything done under the rules, shall be deemed to have been taken or done under the corresponding provisions of these rules.
[Appendix
[Omitted by Notification No. G.S.R.29/Const./Art.309/Amd.(2) /2019, dated 6.8.2019 (w.e.f. 26.9.2014).]
\*\*\*]
| |
| --- |
|
(See sub-rule (1) of rule 9)
List of Subjects and Syllabus
{|
|
|
Sr. No.
|
Paper
|
Syllabus
|
|
1.
|
Criminal Law - I
|
The Indian Penal Code, 1860
|
|
|
|
• The Indian Evidence Act, 1872
|
|
|
|
• The Prisoners Act, 1900
|
|
|
|
• The Probation of Offenders Act, 1958
|
|
|
|
• Punjab Jail Manual
|
|
|
|
• The Prevention of Illicit Traffic in
Narcotic Drugs and Psycho-trophic Substances Act, 1988
|
|
|
|
• The Pre-Conception & Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
|
|
|
|
• The Medical Termination of Pregnancy
Act, 1971
|
|
|
|
The Protection of Women from Domestic Violence
Act, 2005
|
|
|
|
All the above Acts/Rules with latest amendments
|
|
2.
|
Criminal Law - II
|
• The code of Criminal Procedure, 1973
(with special reference to the amendments relating to the State
of Punjab).
|
|
|
|
• The Punjab Pol ice Act 2007 & Punjab
Police Rules 1939
|
|
|
|
• The Prevention of Corruption Act 1988
|
|
|
|
• The Arms Act, 1959
|
|
|
|
• The Protection of Children from Sexual
Offences Act, 2012 and Protection of Children from Sexual
Offences Rules, 2012.
|
|
|
|
• The Public Gambling Act, 1867
|
|
|
|
• The Juvenile Justice (Care &
Protection of Children) Act, 2000 and The Juvenile Justice (Care
& Protection of Children) Rules, 2007
|
|
|
|
• The Punjab Borstal Act, 1926
|
|
|
|
• The Maintenance & Welfare of Parents
& Senior Citizens Act, 2007
|
|
|
|
• The Punjab Prevention of Human Smuggling
Act, 2012.
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
3.
|
Civil Law
|
• Code of Civil Procedure
|
|
|
|
• The Contempt of Courts Act, 1971
|
|
|
|
• The General Clauses Act, 1897
|
|
|
|
• Rules & Orders of Punjab &
Haryana High Court.
|
|
|
|
• The Punjab Rent Act, 1995 and The Punjab Rent
(General) Rules, 2013.
|
|
|
|
• The Motor Vehicles Act, 1988.
|
|
|
|
• The Central Motor Vehicle Rules, 1989.
|
|
|
|
• The Punjab Motor Vehicle Rules, 1989.
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
4.
|
Developmental Laws
|
National Rural Employment Guarantee Act.
|
|
|
|
• The Punjab Regional Town Planning &
Development Act 1995 & The Punjab Regional Town Planning &
Development (General) Rules 1995.
|
|
|
|
• The Punjab Apartment & Property
Regulation Act 1995.
|
|
|
|
• The Environment (Protection) Act, 1986 &
Rules
|
|
|
|
• The Water (Prevention and Control of
Pollution) Act 1974
|
|
|
|
• The Air (Prevention and Control of
Pollution) Act, 1981
|
|
|
|
• The Indian Forest Act, 1927
|
|
|
|
• The Punjab Land Preservation Act, 1900
|
|
|
|
• The Food Safety & Standards Act,
2006
|
|
|
|
All the above Acts Rules with latest
amendments.
|
|
5
|
Revenue Laws-I
|
The Punjab Land Revenue Act, 1887
|
|
|
|
• Doule's Settlement Manual (Chapters 1, Book I
(Whole) , Book II (Chapters VIII, IX, XIII & XIV), Book III
(Chapters XV, XVI, XVII, XVIII) $$o Punjab Land Record Manual
|
|
|
|
• Punjab Land Administration Manual (Chapters
XIII,IX, X, XIV, XVIII and XIX)
|
|
|
|
• The Punjab Tenancy Act, 1887.
|
|
|
|
• The Punjab Occupancy Tenants (Vesting of
Proprietary Rights) Act, 1952
|
|
|
|
• The Punjab Security of Land Tenures Act
1953.
|
|
|
|
• The East Punjab Holdings (Consolidation
and Prevention of Fragmentation) Act 1948
|
|
|
|
• The Punjab Land Reforms Act 1972 &
The Punjab Land Reforms Rules 1973
|
|
|
|
• The Punjab Package Deal Properties
(Disposal) Act 1976
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
6.
|
Revenue Law - II
|
The Transfer of Property Act, 1882
|
|
|
|
• The Hindu Succession Act, 1956
|
|
|
|
• The Indian Succession Act, 1925
|
|
|
|
• The Punjab Public Premises and Land
(Eviction and Rent Recovery) Act, 1973
|
|
|
|
• The Punjab Religious Premises and Land
(Eviction and Rent Recovery) Act, 1997
|
|
|
|
• The Registration Act, 1908
|
|
|
|
• The Indian Stamps Act, 1899
|
|
|
|
• The Court Fees Act, 1870
|
|
|
|
• The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
|
|
|
|
• The Punjab Restitution of Mortgaged
Lands Act, 1938
|
|
|
|
• The Punjab Requisition and Acquisition
of Immovable Property Act, 1953
|
|
|
|
• The Disaster Management Act, 2005 &
Rules
|
|
|
|
• The Punjab Village Common Lands
(Regulation) Act, 1961.
|
|
|
|
All the above Acts/Rules with latest amendments
.
|
|
|
|
7. Industrial & Commercial Laws
|
|
|
|
• The Factories Act, 1948
|
|
|
|
• The Trade Unions Act, 1926
|
|
|
|
The Employees Compensation Act, 1923.
|
|
|
|
• The Payment of Wages Act, 1936
|
|
|
|
• The Minimum Wages Act, 1948
|
|
|
|
• The Punjab Value Added Tax Act, 2005,
|
|
|
|
• The Punjab Excise Act, 1914 & all
Rules made there under
|
|
|
|
• The Explosives Act, 1884
|
|
|
|
• The Petroleum Act, 1934
|
|
|
|
• The Punjab Shops & Commercial
Establishments Act, 1958
|
|
|
|
• The Bonded Labour System (Abolition) Act, 1976
|
|
|
|
• The Mines Act 1952
|
|
|
|
• The Mines and Minerals ( Development &
Regulation) Act 1957
|
|
|
|
• The Mineral Concession Rules 1960
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
8.
|
Public Service Laws
|
The Right to Information Act, 2005
|
|
|
|
• The Punjab Right to Service Act, 2011
|
|
|
|
• The Information Technology Act, 2000
|
|
|
|
• The Representation of Peoples Act, 1950
& 1951.
|
|
|
|
• Conduct of Election Rules, 1961
|
|
|
|
• The Punjab State Election Commission
Act, 1994 and all Rules relating to conduct of elections to
local bodies
|
|
|
|
• The Sikh Gurudwara Act, 1925
|
|
|
|
• The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act
1995
|
|
|
|
• The Consumer Protection Act, 1986 &
The Consumer Protection Rules, 1987.
|
|
|
|
• The Right of Children to free &
compulsory Education Act, 2009
|
|
|
|
• The National Food Security Act, 2013
|
|
|
|
• The Punjab Ancient and Historical
Monuments and Archaeological Sites and Remains Act, 1964
|
|
|
|
• The Indian Treasures Troves Act, 1878
|
|
|
|
• The Protection of Civil Rights Act, 1955
|
|
|
|
• The Registration of Births & Deaths
Act, 1969
|
|
|
|
All the above Acts Rules with latest
amendments.
|
|
9.
|
Local Government Laws
|
• The Punjab Municipal Corporation Act,
1976
|
|
|
|
• The Punjab Municipal Act, 1911
|
|
|
|
• The Punjab Town Improvement Act, 1922 &
The Punjab Town Improvement Trust Rules 1939.
|
|
|
|
• Punjab Municipal Account Code
|
|
|
|
• The Punjab Slum Areas (Improvement and
Clearance) Act, 1961
|
|
|
|
• The Punjab Fire Prevention & Fire
Safety Act, 2004
|
|
|
|
• The Punjab Panchayati Raj Act, 1994 &
Rules
|
|
|
|
• The Punjab Municipal Election Rules,
1994
|
|
|
|
• The Punjab Municipal (President &
Vice President) Election Rules, 1994
|
|
|
|
• The Determination of the Numbers of
Elected Members and Reservation of Offices of Presidents of
Municipalities Rules, 1994
|
|
|
|
• The Delimitation of Wards of
Municipalities Rules, 1972
|
|
|
|
• The Punjab Agricultural Produce Markets
Act, 1961 & Rules
|
|
|
|
• The Punjab Cooperative Societies Act,
1961
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
10.
|
Service & Financial Laws
|
Punjab Financial Rules (All Volumes)
|
|
|
|
• General Financial Rules, 2005 (GOI) |
|
|
|
· Punjab Civil Services Rules (All
Volumes) including Conduct, TA/OA, P&A Rules etc.
|
|
|
|
• Punjab Budget Manual
|
|
|
|
• Punjab Allocation of Business Rules
|
|
|
|
• Punjab Protocol Manual, 1982
|
|
|
|
• The Punjab State Language Act, 1967
|
|
|
|
All the above Acts/Rules with latest
amendments.
|
|
11.
|
Hindi
|
Class X standards Viva Voce (20% marks)
|
|
12.
|
Panjabi
|
Class X standards Viva Voce (20% marks)
|
|}
|
65b9e1a9ab84c7eca86ea2bd | acts |
State of Assam - Act
----------------------
The Assam Development Authorities Act, 1964
---------------------------------------------
ASSAM
India
The Assam Development Authorities Act, 1964
=============================================
Act 31 of 1964
----------------
* Published on 31 December 1964
* Commenced on 31 December 1964
The Assam Development Authorities Act, 1964
Assam Act
No. 31 of 1964
Last Updated 11th February, 2020
Published in the Assam Gazette, Extraordinary, dated the 31st December, 1964.
Adapted by Meghalaya.
[Received the assent of the Governor on the 29th December, 1964]
An Act to provide for the constitution of authorities for the development of the local areas of the State of Assam
Preamble. - Whereas it is expedient to provide for the constitution of authorities for the development of the local areas of the State of Assam on sound principles of planning with the object of securing welfare of the people:
It is hereby enacted in the Fifteenth Year of the Republic of India as follows:
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Assam Development Authorities Act, 1964.
(2) It extends to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "Authority" means the Local Area Development Authority constituted under Section 3;
(b) "Advisory Council" means the Local Area Advisory Council constituted under Section 9;
(c) "Local Area" means such area within a district of Assam as the State Government may, by notification in the official Gazette declare;
(d) "State Government" means the Government of Assam;
(e) "Prescribed" means prescribed by rules made under this Act.
Chapter II
Constitution of Development Authority
-----------------------------------------------------
### 3. Establishment of the Authority.
(1) The State Government may, by notification in the official Gazette, establish for the purpose of this Act an authority to be called "The...... Local Area Development Authority" hereinafter referred to as the Authority with jurisdiction over such local area as may be specified in the notification.
(2) The authority shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of properties both movable and immovable and to enter into any agreement and shall by the said name sue and be sued.
### 4. Composition of the Authority.
- The Authority shall be constituted under Chairmanship of the Deputy Commissioner of the district and such number of official and non-official members as may be prescribed.
### 5. Term of office.
(1) A member shall hold office for such period as may be prescribed in this behalf and shall, on expiry of the term of the office, be eligible for re-appointment.
(2) A member may resign his office by writing under his hand addressed to the State Government, and on the resignation being accepted by the State Government, he shall cease to be a member of the Authority.
### 6. Meeting of the Authority.
- The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations made under this Act.
### 7. Vacancy in the Authority, etc., not to invalidate acts of proceedings.
- No acts or proceedings of the Authority shall be deemed to be invalid by reason only of the existence of any vacancy in the Authority or any defect in the appointment of a member thereof.
### 8. Appointment of Agencies.
- Subject to the provisions of this Act and the rules made thereunder, the State Government may, from time to time, appoint one or more Agencies for the purpose of securing the efficient discharge of the functions of an Authority, and in particular for the purpose of securing that those functions are exercised with due regard to the circumstances and requirements of particular local area or which the Authority is established.
Chapter III
Constitution of the Advisory Council
-----------------------------------------------------
### 9. Constitution of the Advisory Council.
(1) The State Government may, by notification in the official Gazette constitute an Advisory Council to be called "The...... Local Area Advisory Council" hereinafter referred to as Advisory Council with jurisdiction over such local area with respect to which an Authority under Section 3 has been established.
(2) The Advisory Council shall consist of such number of official and non-official members as may be prescribed including the Chairman of the Authority who shall also be the Chairman of the Advisory Council.
### 10. Term of office.
(1) A member shall hold office for such period may be prescribed in this behalf and shall, on expiry of the term of his office, be eligible for re-appointment.
(2) A member may resign his office by writing under his hand addressed to the State Government and on the resignation being accepted by the State Government, he shall cease to be a member of the Advisory Council.
### 11. Meeting of the Advisory Council.
- The Advisory Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by it from time to time.
### 12. Vacancy in the Advisory Council, etc., not to invalidate acts or proceedings.
- No act or proceedings of the Advisory Council shall be deemed to be invalid by reason only of the existence of any vacancy in the Advisory Council or any defect in the appointment of a member thereof.
Chapter IV
Powers and Functions of the Authority
-----------------------------------------------------
### 13. Functions of the Authority.
- The functions of the Authority shall be any or all of the following:
(a) to promote and operate schemes for expansion of education;
(b) to promote and operate schemes for facility of travel and transportation of goods;
(c) to promote and operate schemes for harnessing natural resources and forest wealth;
(d) to promote and operate schemes for expansion of agriculture through modem improved technique;
(e) to promote and operate schemes for expansion of veterinary and conservation of soil;
(f) to promote and operate schemes for the setting up of industries and generation of power; and
(g) to promote and operate schemes for such other matter as may be prescribed.
### 14. General powers of the Authority.
- The Authority empowered to perform the functions under this Act or the rules made thereunder may, from time to time, prepare such plans and schemes and undertake such preliminary investigation or other measures or do such other things as it may deem necessary not inconsistent with its functions for the purpose of developing the area within its jurisdiction.
Chapter V
Functions of the Advisory Council
------------------------------------------------
### 15. Functions of the Advisory Council.
- The functions of the Advisory Council shall be-
(a) to advise the Authority on matters referred to it for successful implementation of the plans and schemes of the Authority;
(b) to secure the efficient discharge of the functions of the Authority;
(c) to do such other things as may be prescribed
Chapter VI
------------
Finance, Accounts and Audit of the Authority
### 16. Development Fund.
- The receipts of the Authority under this Act shall form a separate development fund and any expenditure incurred by the Authority for carrying out the functions of the Authority under this Act or the rules made thereunder shall be defrayed out of such fund which shall be non-lapseable. No portion of the fund shall, except with the previous sanction of the State Government, be expended for purposes other than for carrying out the functions of the Authority under this Act or rules made thereunder.
### 17. Grants, advances and loans.
- The State Government may make such grants, advances and loans to the Authority as it may deem necessary for the purposes of carrying out the functions of the Authority under this Act or any rule made thereunder.
### 18. Power to borrow.
- For the purposes of borrowing money the Authority under this Act shall be deemed to be a local Authority as defined in the Local Authority Loans Act, 1914 (Central Act II of 1914), and any works executed by the Authority for exercising the functions under this Act or the rules framed thereunder shall be deemed to be a work which such local Authority is competent to carry out under that Act.
### 19. Budget.
- The Authority shall prepare, in such form and at such time each year as may be prescribed, a Budget in respect of the financial year next ensuing showing the estimated receipt and expenditure and copy thereof shall be forwarded to the State Government.
### 20. Annual Report.
- The Authority shall prepare, in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and a copy thereof shall be forwarded to the State Government.
### 21. Accounts and Audit.
(1) The Authority shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed.
(2) The accounts of the Authority shall be audited at such time and in such manner as may be prescribed.
Chapter VII
Miscellaneous
------------------------------
### 22. Members and Officers of the Authority to be public servants.
- All members and officers of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).
### 23. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
### 24. Dissolution of the Authority and transfer of assets and liabilities.
(1) When the State Government is of opinion that an Authority is not competent to perform, or persistently makes default in the performance of its functions imposed on it by or under this Act, or exceeds or abuses its powers, the State Government may, by notification in the official Gazette, declare that the Authority shall be dissolved from such date as may be specified in this behalf in the notification; and the Authority shall be deemed to have been dissolved accordingly.
(2) On the dissolution of the Authority by a notification under sub-section (1)-
(a) all properties, funds and dues which are vested in or realisable by, the Authority shall vest in and be realisable by the State Government; and
(b) all liabilities which are enforceable against the Authority shall be enforceable only against the State Government.
### 25. Power to make rules.
(1) The State Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely:
(a) the number of official and non-official members for the composition of the Authority;
(b) the term of membership of the Authority;
(c) the number of official and non-official members of the Advisory Council;
(d) the term of the membership of the Advisory Council;
(e) the functions of the Authority;
(f) the functions of the Advisory Council;
(g) the form in which, and the time within which, the budget and annual report of the Authority may be prepared and forwarded to the State Government;
(h) the form and manner in which the account of the authority may be maintained, and the time at which and the manner in which, such accounts may be audited;
(i) any other matter which has to be, or may be prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session of which it is so laid or the session immediately following the Assam. Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
### 26. Power to make regulations.
- The Authority may, with the previous approval of the State Government by notification in the official Gazette, make regulations, not inconsistent with this Act or the rules made thereunder.
|
65b9c937ab84c7eca86e9f77 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984
-----------------------------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984
===========================================================================================================
Act 15 of 1984
----------------
* Published on 17 April 1984
* Commenced on 17 April 1984
The M.P. Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984
(M.P. Act
No. 15 of 1984
)
[Dated 17th April 1984]
Received the assent of the Governor on the 17-4-1984; assent first published in the "Madhya Pradesh Gazette" (Extraordinary) , dated the 17th April. 1984
An Act to provide for the conferring the leasehold rights on landless persons in respect of sites for dwelling house in urban areas in the State of Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Thirty- fifth year of the Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Madhya Pradesh Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984.
(2) [ It shall extend to urban areas in the State of Madhya Pradesh and live kilometres thereof.]
[Substituted by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
(3) (a)
It shall in the first instance come into force in the district headquarters and towns having population of more than one lac according to the last census;
(b) It shall come into force in any other town on such date as the State Government may, by notification, specify.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Authorised Officer" means a Sub-Divisional Officer or any other Assistant Collector or Deputy Collector in the district as the Collector may by order specially authorise to exercise the powers of the Authorised Officer in such area as may be specified therein;
(b) [ "dwelling house" means a single storied hut or a single storied structure but shall not include any building owned by the Government or any local or statutory authority;]
[Substituted by M.P. Act No. 34 of 1984 (w.e.f. 1-5-1984).]
(c) [x x x]
[Omitted by M.P. Act No. 34 of 1984 (w.e.f. 1-5-1984)]
(d) [ "Landless person" means a person who does not own either in his own name or in the name of any member of his family any house or land in an urban area where he is actually residing.
[Substituted by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
Explanation. - For the purpose of this clause 'family' includes husband, wife, minor son, unmarried daughter or any relation by blood wholly dependent on the landless person;]
[(d-l) "Occupy" means occupation of land in urban area belonging to the State government, local body or Development Authority tor residential purposes;
[Substituted by M.P. Act No. 19 of 1998 (w.e.f. 25-8-1998).]
(d-2) "Mohalla Samiti" means Mohalla Samiti constituted under this Act;
(d-3) "Urban area" means the area comprised with the limits of the Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (
No. 23 of 1956
) or Municipal Council or Nagar Panchayat constituted under the Madhya Pradesh Municipalities Act, 1961 (
No. 37 of 1961
) or such area which is situated within a distance of five kilometers from the limits thereof and the area of the dissolved Special Area Development Authority constituted under Section 64 of the Madhya Pradesh Nagar Taiha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and the planning area as per the Development Plan of a town prepared under Section )3 of the Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973)];
[(d-4)"Government land" means such vacant land held by the State Government in the Revenue Department situated in an urban area and which has not been allotted to any other Government Department for special purposes;
[Inserted by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
[(d-5) "Mohalla Sabha" means a body consisting of all adult members of a Mohalla notified under this Act by the Collector in an urban area;
[(d-6) "Rajbhogi Cities" means the cities of Raipur, Jabalpur, Bhopal, Gwailor and Indore;]
(e) words and expression used but not defined in this Act and defined in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), shall have the meanings, respectively, assigned to them in that Code.
### 3. Settlement of land.
(1) Notwithstanding anything contained in any law for the time being in force the land occupied by a landless person in any urban area on the [31st day of May 2003]
[Substituted by M.P. Act No. 30 of 2003 (w.e.f. 30-5-1998).]
shall subject to the provisions of sub-section (2) be deemed to have been settled in his favour on the said date.
(2) The Authorised Officer may, subject to the rules framed or directions issued by the State Government from time to time, either settle the land in actual occupation of the landless person or allot to him any other land not exceeding fifty square metres in lease hold rights in his favour, provided he adduces following proof of his residence in the urban area prior to 31st May, 1998,-
[(a) the ration card issued to him by the Competent Authority; or
(b) the written testimony from the Mohalla Samiti certifying that he lived in the area prior to 31st May, 1998 :
Provided that where the landless person is in occupation of more than fifty square metres of land, settlement may be made for land upto 100 square metres in a Nagar Panchayat area, 80 square metres in a Municipal area, 70 square metres within the limits of cities other than Rajbhogi cities and 60 square metres within the limits of Rajbhogi cities.]
[Substituted by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
(3) [ The lease hold rights accrued under sub-section (1) shall not be transferable by sub-lease, sale, gift, mortgage or in any other manner whatsoever except by inheritance.]
[Substituted by M.P. Act No. 19 of 1998 (w.e.f. 25-8-1998).]
(4) If the landless person to whom the leasehold rights have been accrued in respect of any land under this Act, transfers such land in contravention of the provisions of sub- section (3) or uses the said land for any purpose other than residential purpose, the following consequences shall ensure, namely,-
[(i) the lease shall stand automatically cancelled on the date of such transfer;
(ii) such transfer shall be null and void;
(iii) no lease hold rights shall accrue to the transferee in respect of such land;
(iv) the Authorised Officer shall have the right to dispossess the person who is in actual possession of such land.]
(5) [ Notwithstanding anything contained in the Registration Act, 1908 (No. 16 of 1908) no officer empowered to register documents thereunder shall admit to registration of any document which purports to contravene the provision of sub-section (3).]
[Inserted by M.P. Act No. 20 of 1989 (w.e.f. 2-11-1989).]
(6) [ The landless person to whom the lease hold rights have accrued under sub-section (1) shall pay development charges at such rate and in such manner as may be prescribed.]
[Substituted by M.P. Act No. 19 of 1998]
### 3A. [ Removal of dwelling houses.
[Substituted by M.P. Act No. 19 of 1998]
(1) The Committee constituted by the State Government in this behalf shall decide the removal of any slum dwelling and its settlement elsewhere in accordance with the procedure prescribed".
(2) Any landless person who is in occupation of the land of a public park or in the side of a road or in between road and dwellings may be removed from such place in public interest and may be given lease hold rights elsewhere.
(3) Any site for dwelling house where the landless persons are settled under sub-section (1) of Section 3 may be shifted elsewhere in public interest and their leasehold rights may be cancelled and such persons may be settled elsewhere.]
[Substituted by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
### 4. Restoration of possession.
(1) If any landless person to whom leasehold rights have accrued in the land under Section 3 is dispossessed from that land or any part thereof otherwise than in due course of law, the Authorised Officer shall on an application made to him by the said landless person within six months from the date of dispossession restore such possession.
(2) If any dispute arises as to the occupation of the land in question on the [31st day of May 1998]
[Substituted by M.P. Act No. 19 of 1998.]
the landless person claiming such occupation on the said date may refer the dispute to the Authorised Officer for decision. The decision of the Authorised Officer thereon shall be final :
Provided that no order under sub-section (2) shall he passed without giving a reasonable opportunity of being heard to the parties in dispute.
### 4A. [
[Inserted by M.P. Act No. 34 of 1984.]
The Collector may, at any time, on his own motion or on application made by any party interested, for the purpose of satisfying himself as to the legality or propriety of any order passed by or as to the regularity of any proceeding before the authorised officer, call for and examine record of any case disposed of by or pending before such officer and may pass such order in reference thereto as he thinks fit :
Provided that,-
(i) no such application shall be entertained unless presented within thirty days from the date of the order;
(ii) no order shall be varied or reversed in revision unless notice has been served on the party interested and the opportunity given to him of being heard.]
### 5. [ Penalties.
[Substituted by M.P. Act No. 34 of 1984.]
- [(1) Any person who,-
(i) wrongfully dispossesses or attempts to dispossess an occupier of a dwelling house; or
(ii) recovers or attempts to recover rent in any manner from an occupier of dwelling house.
shall be punished with rigorous imprisonment which shall not be less than three months hut which may extend to three years and with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees.]
(2) If it is found that the landless person to whom the lease hold rights have accrued in respect of any land under this Act sold such land or otherwise transferred the same in contravention of the provisions of sub-section (3) of Section 3, the Authorised Officer may file a complaint before the competent Court and such person shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.
[(3) If any person by force, deception or seduction of money, dispossess an occupier of a land or dwelling house, the Authorised Officer may file a complaint against such person in the competent Court and such person shall, on conviction, be punished with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.]
[Added by M.P. Act No. 13 of 2000 (w.e.f. 19-5-2000).]
### 5A. [ Effect of illegal possession.
[Inserted by M.P. Act No. 30 of 7003 (w.e.f. 26-8-2003).]
- If any land is not in possession of the occupier who has been given lease hold rights under this Act but is in possession of any other person, then an amount equal to one and a quarter times of the market value of the land, in case such land is used for dwelling purposes and two times of the market value of such land if it is used for commercial or for other non-dwelling purposes, shall be recovered from such person who is in actual possession of such land at present and upon payment of such amount the present occupier shall be entitled to get a lease hold rights over such land under this Act.]
### 6. Power to make rules.
(1) The State Government may make rules to carry' out all or any of the purposes of this Act including matters relating to [Constitution, jurisdiction powers and functions of the Mohalla Samiti, premium, ground rent]
[Substituted by M.P. Act No. 19 of 1998 (w.e.f. 25-8-1998).]
.
(2) Any rule made under this Act shall be laid on the table of the Legislative Assembly.
|
65b9d035ab84c7eca86ea0dc | acts |
State of Madhya Pradesh - Act
-------------------------------
Gwalior Manasik Arogyashala Rules, 1994
-----------------------------------------
MADHYA PRADESH
India
Gwalior Manasik Arogyashala Rules, 1994
=========================================
Rule GWALIOR-MANASIK-AROGYASHALA-RULES-1994 of 1994
-----------------------------------------------------
* Published on 25 October 1994
* Commenced on 25 October 1994
Gwalior Manasik Arogyashala Rules, 1994
Published vide Notification No. F.6-11-17-MS-4-94, dated 25-10-1994, published in the M.P. Rajpatra (Asadharan) In pursuance of the directions of the Supreme Court contained in its order dated the 10th May, 1994 passed in writ petition No. 901/93 and writ petition (c) No. 80/94, the State Government have decided that the Mental Hospital, Gwalior shall be renamed as 'Gwalior Manasik Arogyashala' and it shall be an autonomous institution in terms of the directions of the Supreme Court.
### 2. Management of the Gwalior Manasik Arogyashala shall vest in a Management Committee consisting of the following members :-
| | | |
| --- | --- | --- |
|
(i) |
Divisional Commissioner, Gwalior
|
Chairman
|
|
(ii) |
Collector, Gwalior
|
Member
|
|
(iii) |
Superintendent of Police, Gwalior
|
Member
|
|
(iv) |
Secretary to Government of M.P. Public Health and F.W.
Department, or his representative
|
Member
|
|
(v) & (vi)
|
Two non-officials, atleast one of them shall be a woman
nominated by the Government of M.P.
|
Members
|
|
(vii) |
Dean, Medical College, Gwalior
|
Member
|
|
(viii) |
Director of Gwalior Manasik Arogyashala
|
Member-Secretary
|
### 3. The State Government hereby notifies the following rules for the Management and Administration of the Gwalior Manasik Arogyashala namely :-
### 1. These rules shall be called Gwalior Manasik Arogyashala Rules, 1994.
### 2. Objectives. - The objectives of the Gwalior Manasik Arogyashala (hereinafter referred to as GMA) are :-
(a) Diagnostic and Therapeutic facilities for mental patients;
(b) Social and occupational rehabilitation of mental patients;
(c) Professional and para-professional training in the field of Psychiatry, Clinical Psychology, Psychiatric Social Work and Psychiatric Nursing;
(d) Expansion of mental health services at community level by providing training to medical and para-medical personnel in the field; and
(e) Research in behavioural sciences.
### 3. Definitions. - In these rules,-
(a) 'Committee' means the Management Committee constituted under Rule 4;
(b) 'Director' means the Director appointed under Rule 5;
(c) 'Gazette' means the Madhya Pradesh Government Gazette.
### 4. Management Committee.
(1) GMA shall be an autonomous institution and its management shall be vested in a Management Committee consisting of the following members :-
| | | |
| --- | --- | --- |
|
(i) |
Divisional Commissioner, Gwalior
|
Chairman
|
|
(ii) |
Collector, Gwalior
|
Member
|
|
(iii) |
Superintendent of Police, Gwalior
|
Member
|
|
(iv) |
Secretary to Government of M.P. Public Health and Family Welfare
Department, or his representative
|
Member
|
|
(v) & (vi)
|
Two non-officials, atleast one of them shall be a woman
nominated by the Government of M.P.
|
Members
|
|
(vii) |
Dean, G.R. Medical College, Gwalior
|
Member
|
|
(viii) |
Director of Gwalior Manasik Arogyashala
|
Member-Secretary
|
(2) The Management Committee shall have full administrative and financial powers in respect of all the affairs of GMA and may delegate any of its powers to the Chairman; the Sub-Committees, the Director and other officers.
(3) The nominated members of the Committee shall have a term of three years and shall be eligible for re-nomination and shall continue until successors are nominated.
(4) The Management Committee shall meet atleast once in three months and more often if necessary.
(5) Two weeks' notice alongwith a list of items to be discussed shall be given to the members for every meeting.
(6) An emergency meeting of the Committee may be convened under the orders of its Chairman by giving 72 hours' notice to the members, for considering specified item(s).
(7) The Director shall maintain the record of the proceedings of the Committee in a register authenticated by him. The proceedings of the meeting, duly approved at the subsequent meeting of the Committee, shall be signed by the Chairman or the person presiding over the meeting.
(8) In the absence of the Chairman at any meeting, the members may elect anyone from amongst themselves to preside over the meeting.
(9) A copy of the proceedings of every meeting shall be endorsed to the Health Secretary and Director of Health of the State of Madhya Pradesh.
(10) The Committee may constitute the following sub-committees and prescribe their functions and rules of procedure by framing bye-laws :-
(a) Finance and Accounts Sub-Committee.
(b) Purchase Sub-Committee.
(c) Medical Sub-Committee.
(d) Rehabilitation Sub-Committee.
(e) Welfare Sub-Committee.
(f) Selection Sub-Committee for different groups/categories of (posts.)
(g) Works Sub-Committee.
(11) The Committee may set up ad hoc sub-committees for specific purposes with specific terms of reference and tenure.
(12) Every Sub-Committee shall have a Chairman, who would invariably be a member of the Committee. The total number of members of any subcommittee shall not exceed five.
(13) Quorum for the meetings of the Committee and any Sub-Committee shall be four and two respectively.
### 5. Director.
(1) The Director shall be the Chief Executive Officer of the GMA and shall be appointed by the Health Secretary, Government of Madhya Pradesh.
(2) The Director shall be the Head of Department and shall exercise the administrative and financial powers of a State level head of Department.
(3) The Director shall exercise such additional administrative financial powers as may be delegated to him by the Management Committee.
(4) The Director shall be accountable to the Management Committee and the Health Secretary, Government of Madhya Pradesh.
(5) The Director shall place the annual report and audited accounts of the GMA before the Management Committee and, after approval by the Management Committee, shall forward these to the Health Secretary, Government of Madhya Pradesh before the end of December, following the financial year for which report and audited accounts are being submitted, for being placed before the Legislative Assembly of Madhya Pradesh.
(6) The Director shall have the powers, in the discharge of his functions to obtain part-time expert services of professionals for advice or action in carrying out various activities the objectives of GMA.
### 6. Admissions.
- Admissions of patients to the hospital shall be done strictly in accordance with the provisions of the Mental Health Act, 1987 and the rule made thereunder.
### 7. Visitors.
- In addition to the members of the Board of Visitors that may be appointed by the State Government of Madhya Pradesh under the provisions of any law all the members of the committee shall be permanent visitors to GMA. In addition, the following shall be ex officio permanent visitors to the GMA,-
(i) Directors, National Institute of Mental Health and Neuro-Sciences, Bangalore.
(ii) Director, Central Institute of Psychiatry, Ranchi.
(iii) Director, Institute of Human Behaviour and Allied Sciences Shahdara, Delhi.
(iv) Professor of Psychitary, All India Institute of Medical Science New Delhi.
### 8. Specialist consultation.
- The indoor patient may be sent for expert medical consultation to Gwalior Medical College and Hospital with an escort, the Director may invite any specialists on payment of reasonable fees, as decided by the Committee from time to time, for examination and treatment of any indoor patient.
### 9. Fees.
(1) Outdoor treatment shall be free provided that the Committee may prescribe a nominal fee for the registration of a patient and reasonable fees for investigation.
(2) For indoor treatment, a consolidated charge on the basis of per person per day will be levied from the Government of the State to which the patient belongs. This fee shall be such as may be prescribed by the committee from time to time provided that it shall not be less than Rs. 200/- per person per day A development fee equivalent to 25% of the amount chargeable for indoor treatment shall also be recovered in respect of every indoor patient from the concerned State explanatory note shall be placed before the Committee for ratification at its subsequent meeting.
(3) The Committee may declare any categories of indoor patients as paying patients and prescribed the payable by such patients.
(4) The bill in respect of indoor patients shall be sent by the Director to the Health Secretary of the concerned State Government on a quarterly basis, within one month after the end of the quarter, enclosing a list of the patients, their address, duration of their stay as indoor patients during the quarter covered by the bill and stating the amount, including 25% development fee payable by the State Government to the GMA by a Bank draft. The amount received under sub-rule (3) shall be deducted from the total amount of the bill. Interest @ 15% will be payable by the State Government for delay beyond 30 days from the date of receipt of the bill.
(5) Fees for patient in short stay ward will be the same as indoor patients and shall be recoverable in the same manner from the State Government.
### 10. Emergency powers.
- It shall be competent for the Chairman to exercise any powers of the Committee, if in the opinion of the Chairman, any delay in taking a decision is detrimental to the fulfilment of the objectives of the GMA or adversely affects its day-to-day administration, provided that any such decision alongwith and explanatory note shall be placed before the Committee for ratification at its subsequent meeting.
### 11. Repeal.
- All the earlier rules governing the management of the GMA are hereby repealed.
### 12. Bye-laws.
- The Committee shall make bye-laws containing detailed instructions regarding the composition, functions and rules of procedure of the various sub-committees and any other matters connected with the management of the GMA. The bye-laws may also provide for delegation of some administrative and financial powers to sub-committees, Director and officers subordinate to the Director.
### 13. Funds and accounts.
(1) The funds of the GMA shall include the balance existing on the date of enforcement of these rules, amounts that may be received from the State Government towards payment of outstanding arrears as well as fees for indoor patients and patients in short stay ward in accordance with these rules and bye-laws made thereunder, donations, fees recovered receipts of arrears from the State Governments, sale proceeds from the assets and GMA, etc.
(2) The accounts shall be maintained and operated in bank as may be decided by the Committee or its Finance and Accounts Sub-Committee from time to time.
(3) The surplus funds shall be utilized under the orders of the Finance and Accounts Sub-Committee or the Director, according to the powers, limitations and terms and conditions that may be prescribed by the Committee under the bye-laws or by specific resolution.
### 14. Amendments.
- Any Amendment to these rules may only be made by a resolution passed by not less than six members of the Committee provided that such a resolution is approved by the State Government of Madhya Pradesh.
### 15. Notification in Gazette.
- These rules, and amendments thereto, should be notified in the Gazette.
|
65b9fe87ab84c7eca86ea69e | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010
-------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010
===============================================================================
Rule ANDHRA-PRADESH-RIGHT-OF-CHILDREN-TO-FREE-AND-COMPULSORY-EDUCATION-RULES-2010 of 2010
-------------------------------------------------------------------------------------------
* Published on 3 March 2011
* Commenced on 3 March 2011
Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010
Published vide Notification No. G.O.Ms. No. 20, dated 3.3.2011
Last Updated 2nd September, 2019
Notification No. G.O. Ms. No. 20. - In exercise of the powers conferred by sub-section (i) of Section 38 of the Right of Children to Free and Compulsory Education Act',2009 (Act No.35 of 2009), the Governor of Andhra Pradesh hereby makes the following Rules.
### 1. Short title.
- These Rules may be called "The Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010".
### 2. They shall be deemed to have come into force with effect from 1st April'2010.
### 3. Definitions .
- (I) In these rules, unless the context otherwise requires,
(1) 'Act' means The Right of Children to Free and Compulsory Education Act 2009.
(2) 'Anganwadi' means an Anganwadi Centre established under the Integrated Child Development Scheme of the Ministry of Women and Child Development of the Government of India
(3) 'Child' means any child male or female in the age group of 6 to 14 years and includes a child who has completed five years of age as on 1st September of the year of admission.
(4) Child belonging to socially disadvantaged group means and includes a child belonging to the schedule caste, schedule tribe, orphans, Migrant and Street children, Children With Special Needs and HIV affected/infected children.
(5) A child belonging to Weaker Sections means a child belonging to BC, Minorities and includes OCs whose parents' income does not exceed Rs. 60,000/- Per annum.
(6) 'Collector' means the head of civil and revenue administration in the district
(7) 'Corporator' means elected member of a ward of a Municipal Corporation within the limits of Andhra Pradesh or of the Greater Hyderabad Municipal Corporation.
(8) 'Councilor' means elected member of a ward of an urban local body
(9) 'District' means a revenue district of the State.
(10) 'District Educational Officer (DEO)' means the officer responsible for implementing the programmes for elementary education at district level.
(11) 'ECE' means Early Childhood Care Centers established by Sarva Siksha Abiyan in the premises of primary schools or elsewhere to provide pre-school education to the children in the age group of 3-5 years.
(12) [ 'Elementary School' means a school that imparts education between first and eighth class either exclusively or in addition to education in other classes, and includes a High School or any other school by whatever name, in so far as the elementary education imparted by it.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(13) [ 'Free Education' means and includes providing elementary education to all children with no direct or indirect costs like fees/capitation fees, etc.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(14) 'Gram Panchayat' means Gram Panchayat constituted under the Andhra Pradesh Panchayati Raj Act 1994.
(15) [ 'Local authority' means as defined in the Act, and includes Mandal Praja Parishads and Gram Panchayats, as the case may be in their respective jurisdictions]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(16) 'Mandal Educational Officer (MEO)' means the officer responsible for implementing the programmes for elementary education at the mandal level.
(17) 'Mandal Resource Person (MRP)' means a resource teacher who coordinates academic activities in a cluster of schools
(18) 'Neighborhood area of a school' means the habitations in a safe walking distance of 1 km for a Primary School, 3 kms for an Upper Primary / High School having classes VI to VIII.
(19) 'Out of School Child' means a child in the age group of 6-14 who has not completed elementary education (who is either never enrolled in the school or dropped out without completing elementary education). A pupil of an elementary school absent for more than one month shall also be considered to be an out of school child.
(20) [ 'Primary school' means a school or part of a school that imparts education between class I and V and 'Upper primary school' means a school or part of a school that imparts education between class VI and VIII.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(21) 'Sarpanch' means elected head of the Gram Panchayat.
(22) 'School mapping' means planning school location to overcome social barriers and geographical distance and includes assessing availability of schooling facilities for elementary education based on certain fixed norms and standards in terms of location, infrastructure, teachers, by using the method of distance matrix between one habitation and other habitations. It includes The Geographical Information System (GIS) mapping of all the schools in Andhra Pradesh prepared by the Rajiv Vidya Mission (SSA), Andhra Pradesh.
(23) 'State' means the state of Andhra Pradesh
(24) 'State Government' means the Government of Andhra Pradesh.
(25) 'Specified Category' in relation to a school means the residential schools including Kasturba Gandhi Baalika Vidyalayas (KGBVs) and Minority residential schools run by Andhra Pradesh Residential Educational Institutions Society (APREIS), Andhra Pradesh Social Welfare Residential Educational Institutions Society (APSWREIS), Andhra Pradesh Tribal Welfare Residential Educational Institutions Society (APTWREIS), Ashram Schools run by Integrated Tribal Development Agencies (ITDAs), Sports schools run by Sports Authority of Andhra Pradesh (SAAP) in addition to Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools for the purposes of sub-clause (III) of clause (n) of section (2) of the Act.
(26) 'The Academic Authority under the Act' means The State Council for Educational Research and Training, Hyderabad, Andhra Pradesh.
(27) 'The Implementing Authority of the Act' means the State Project Director,Sarva Shiksha Abhiyan, and it includes the Commissioner and Director of School Education, Andhra Pradesh.
(28) 'Walking Distance' means the distance covered by a child from habitation to the school.
(29) 'Ward Member' means elected member of a ward of Gram Panchayat.
All other words and expressions used herein and not defined but defined in the Act shall have the same meaning respectively assigned to them in the Act.
### 4. Special Training For Out of School Children.
(1) The School Management Committee/ Local Authority shall identify children requiring special training and organize such training in the following manner, namely:
(a) The special training shall be based on specially designed, age appropriate learning material, approved by the academic authority specified in section 29(1) of the Act.
(b) It shall be provided in classes held on the premises of the school, or in classes organized in safe residential facilities.
(c) It shall be provided by teachers working in the school, or by teachers specially engaged for the purpose.
(d) The duration shall be for a minimum period of three months which may be extended, based on periodical assessment of learning progress, for a maximum period not exceeding two years.
(2) The child shall, upon induction into the age appropriate class after special training, continue to receive special attention by the teacher to enable him/her to successfully integrate with the rest of the class, academically and emotionally.
(3) The School Management Committees may involve Civil Society Organizations (CSOs) and Self Help Groups (SHGs) in mobilization and identification of Out-of-School children.
### 5. Access to Educational Facilities under the Act.
(1) The areas or limits of neighborhood within which a school has to be established by the State Government shall be as under:-
(a) [ In respect of children in classes I-V, a school shall be established within a walking distance of one kilometer of the neighbourhood taking into consideration the population of at least 20 school-going children in the locality, to make the school viable and ensure quality.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(b) [ In respect of children in classes VI-VIII, a school shall be established within a walking distance of three kilometer of the neighbourhood taking into consideration the population of the school-going children in the locality, to make the school viable and ensure quality.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(2) Wherever required, the State Government shall upgrade existing primary schools with classes I - V by adding classes VI-VIII and incase of existing Upper Primary schools having classes I -VII by adding class VIII.
(3) In areas with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for young children in the approach from their homes to the school, the Government/Local Authority shall locate the school in such a manner as to avoid such dangers, by reducing the limits specified under sub-rule (1).
(4) For children from small hamlets or any other place as identified by the State Government/Local Authority, where no school exists within the area or limits of neighborhood specified under sub-rule (1) above, the Government/Local Authority shall make adequate arrangements, such as free transportation, residential facilities and other facilities, for providing elementary education in a school, in relaxation of the limits specified under sub-rule (1).
(5) In areas with high population density, the Government/Local Authority may consider opening of more sections in the neighborhood school or to establish more than one neighborhood school, having regard to the number of children in the age group of 6-14 years in such areas.
(6) The Local Authority shall identify the neighborhood school (s) where children can be admitted and make such information public for each habitation within its jurisdiction.
(7) In respect of children with disabilities which prevent them from accessing the school, the Government/Local Authority shall endeavor to make appropriate and safe transportation arrangements for them to attend school and complete elementary education. In case of severe disability the Government shall make arrangements for Home Based Education of such children who cannot be safely transported to neighborhood schools.
(8) The Government/Local Authority shall ensure that access of children to the school is not hindered on account of social and cultural factors and the state shall endeavor to discourage setting up of schools exclusively for socially disadvantaged groups in their respective habitations in future so that mainstreaming of all children in the neighborhood school is achieved.
(9) In areas affected by civil unrest and in respect of children in difficult circumstances, the Government shall notify schools as safe zones for children to enable them to continue their education uninterrupted. In case of disruption of schooling, all the children shall be accommodated in residential schools where their education can resume safely.
### 6. Duties of State Government and Local Authority.
(1) The Government /Local Authority shall ensure that a child attending a school of the State Government or Local authority referred to in sub-clause (i) of clause (n) of section 2 of the Act, a child attending a school referred to in sub-clause (ii) of clause (n) of section 2 of the Act in pursuance of clause (b) of sub section (1) of section 12 of the Act, and a child attending a school referred to in sub-clause (iii) (to the extent of the residential schools run by Andhra Pradesh Residential Educational Institutions Society, Andhra Pradesh Social Welfare Residential Educational Institutions Society, Gurukulam and other schools run by Government Educational Societies) and run by other Government Departments and the children admitted in the schools as defined in by Sub-clause (iv) of clause (n) of section 2 of the Act in pursuance of clause (c) of sub section (1) of section 12 of the Act shall be entitled to free text books, uniforms, writing materials and other facilities as prescribed by the Government of India /Government of Andhra Pradesh.
Provided that a child with disabilities shall also be entitled to free education with barrier free environment and special material, uniforms and books supplied by the State.
Provided further that all the teachers in regular schools shall be trained in appropriate teaching methods for Child With Special Need for the purpose of inclusive education.
Explanation. - In respect of the child admitted in pursuance of clause (b) of subsection (1) of section 12 of the Act and a child admitted in pursuance of clause (c) of sub-section (1) of section 12, of the Act the responsibility of providing the free entitlements shall be of the school referred to in sub-clause (ii) of clause (n) of section 2 of the Act and of sub-clauses (iii) and (iv) of clause (n) of section 2, of the Act respectively.
(2) For the purpose of determining and for establishing neighborhood schools, the Government/Local authority shall undertake school mapping, and identify all children, including children in remote areas, children with disabilities, children belonging to disadvantaged groups, children belonging to weaker sections and children referred to in section 4 of the Act within a period of one year from the appointed date, and every year thereafter updated as on 30th September of each year.
(3) The Government/Local Authority shall ensure that no child is subjected to caste, class, religious or gender abuse in the school and that no child is denied admission into any school public or private on the basis of caste / class / religion and gender.
(4) For the purposes of clause (c) of section 8 and clause (c) of section 9 of the Act the Government and the Local Authority shall ensure that a child belonging to a weaker section and a child belonging to disadvantaged group is not segregated or discriminated against in the classroom, during mid day meals, in the play ground, in the use of common drinking water and toilet facilities, and in the cleaning of toilets or classrooms.
### 7. Maintenance of records of children by Local Authority.
(1) The Local Authority shall maintain a record of all children, in its jurisdiction, through a household survey, from their birth till they attain the age of 14 years.
A unique number may be given to every child to monitor his/her enrolment attendance learning achievement and transition to next higher classes. The household survey should also be conducted to identify the children in migrant locations, work places, unregistered habitations etc.
(2) The record, referred to in sub-rule (1) above, shall be updated each year.
(3) The record, referred to in sub-rule (1) above shall be maintained transparently, in the public domain, and used for the purposes of clause (e) of section 9 (4) The record, referred to in sub-rule (1) shall, in respect of every child, include:-
(a) Name, sex, date of birth, (Birth Certificate Number), place of birth;
(b) Parents' / guardians' names, address, occupation;
(c) Pre-primary School/Anganwadi centre that the child has attended (upto age six ) or attending.
(d) School where the child is admitted;
(e) Present address of the child;
(f) Class in which the child is studying (for children between age 6-14), and if education is discontinued in the territorial jurisdiction of the Local Authority, the cause of such discontinuance;
(g) Whether the child belongs to the weaker sections;
(h) Whether the child belongs to a disadvantaged group;
(i) Details of children requiring special facilities / residential facilities on account of migration and sparse population; age appropriate admission; disability.
(5) The Local Authority shall ensure that the names of all children enrolled in the schools under its jurisdiction are publicly displayed in each school.
(6) The Government may in consultation with the Commissioner and Director of School Education and State Project Director, Rajiv Vidya Mission (Sarva Shiksha Abhiyan) evolve a child tracking system so as to monitor not only the academic progress of children in the schools, but also their retention, transition and migration.
(7) The Government shall make appropriate arrangements for tracking the children migrating from one district to another with in the state or children of the families migrating from Andhra Pradesh to other states or children of the families migrating from other states into Andhra Pradesh along with their parents, so as to ensure continuity of elementary education.
(8) The Government shall provide seasonal hostels in the villages known for migration of labour, either on a seasonal basis or for a longer time cycle so that the children will stay back when their parents migrate to other places and so that these children are provided education and suitable residential facility in spite of their parents migration.
(9) The Government shall make arrangements for the education of the migrant children coming from other states, by setting up on-site schools at the work places where the migrant labour from other states are engaged in any economic activity in groups, in consultation with the state concerned where from the labour have migrated with families and children and as far as may be practicable, the teaching material and the textbooks shall be in their respective mother tongue.
### 8. Admission of children belonging to weaker sections and disadvantaged groups.
(1) The school referred to in sub-clauses (iii) and (iv) of clause (n) of section 2 of the Act shall ensure that children admitted in pursuance of clause (c) of subsection (1) of section 12 of the Act shall not be segregated from the other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children.
(2) The school referred to in sub-clauses (iii) and (iv) of clause (n) of section 2 of the Act shall ensure that children admitted in pursuance of clause (c) of section 12 (1) of the Act shall not be discriminated from the rest of the children in any manner pertaining to entitlements and facilities such as text books, uniforms, library and Information and Communication Technology (ICT) facilities, extracurricular activity and sports.
### 9. Proof of Residence.
(1) Any of the following documents may be taken for proof of Residence to decide whether the child belongs to the neighborhood or not:
(a) Ration Card,
(b) Pattadar Pass Book,
(c) Electricity Bill,
(d) House-Tax Receipt or extract of the House-Tax register maintained by the Gram Panchayat / Municipality / Corporation.
(e) Telephone Bill if any or any other document as specified by the Government from time to time
(2) The areas or limits of neighborhood specified in sub-rule (1) of rule 5 shall apply to admissions made in pursuance of clause (c) of sub-section (1) of section 12 of the Act;
Provided that if the requisite percentage of seats for children referred to in clause (c) of sub-section (1) of section 12 of the Act is not filled up, the area or limits shall extend to 3 kms for the purpose; Provided further that the school may, for the purposes of filling up the requisite percentage of seats for children referred to in clause (c) of sub-section (1) of section 12, extend the limit with prior permission of the District Educational Officer. Provided further that before extending the limits of the local area, the Mandal Educational Officer shall ensure that all the seats in the Government School have been filled up.
(3) The Chairperson of the School Management Committee shall maintain a list of the children belonging to disadvantaged groups and weaker sections in the neighborhood area of every private school and specified category schools within his/her jurisdiction.
(4) The following order of preference shall be followed by the schools covered by sub. Clauses II, III, IV of Clause (n) of Section 2 of the Act in admitting the children referred to in clauses (b) and (c) of sub section (1) of section 12 of the said Act.
| | | |
| --- | --- | --- |
|
(a) |
Disadvantaged groups:
|
|
|
|
Orphans, HIV affected
|
|
|
|
and disabled
|
= 5%
|
|
|
SC
|
= 10%
|
|
|
ST
|
= 4%
|
|
(b) |
Weaker sections which includes others viz., BC,
Minorities, OCs (whose annual income does not exceed Rs. 60,000/-
per annum)
|
= 6%
|
|
|
Total
|
= 25%
|
Note. - (1) The above arrangement of reservation in sequential order is applicable to private schools in plain areas. Where orphans, HIV affected and disabled are not available or available only to a certain extent such vacancies will be filled by STs and SCs. After exhausting all applications for admission of Orphans, HIV affected and disabled, SC and ST if any seats remain unfilled such seats will be added to the percentage of weaker sections.
(2) In Tribal areas, all ST children should be admitted first. After exhausting applications of ST children, SC children may be admitted. After exhausting the SC, the remaining seats will be filled by others.
(3) In Minority institutions, all candidates belonging to minority concerned should be considered for filling first. After exhausting applications of Minorities the left over seats may be filled in the order of ST, SC and BC.
### 10. Reimbursement of per-child expenditure by the State Government.
(1) The total annual recurring expenditure incurred by the State Government, whether from its own funds, or funds provided by the Central Government, on elementary education in respect of all schools established, owned or controlled by it or by the local authority, divided by the total number of children enrolled in all such schools, shall be the per-child expenditure incurred by the State Government.
Explanation. - For the purpose of determining the per-child expenditure, the expenditure incurred by the State Government or local authority on schools referred to in sub-clause (ii) of clause (n) of section 2 of the Act and the children enrolled in such schools shall not be included.
(2) Every school referred to in sub c1ause(iv) of clause (n) of section 2 shall maintain a separate bank account in respect of the amount received by it as reimbursement under sub-section (2) of section 12.
(3) There shall be a committee at the state level comprising Secretary Finance, Principal Secretary Primary Education, Principal Secretary/Secretary School Education, Commissioner and Director of School Education, State Project Director Rajiv Vidya Mission (Sarva Shiksha Abhiyan) and a representative of private school managements as nominated by their association, and representatives of two prominent NGOs, nominated by the Government for the purpose of assessing per child expenditure incurred by the state and the local authority for reimbursement of expenditure to the schools under sub-section (2) of section 12 of the Act.
(4) The committee shall meet within three months from its constitution and thereafter every year in December to assess per child expenditure for the next academic session.
(5) The State Project Director Rajiv Vidya Mission (Sarva Shiksha Abhiyan), on the basis of the decision of the committee, shall communicate to the District Educational Officer the per child expenditure for the reimbursement of the fee against the reservation of children in the schools under section 12 of the Act, read with section 8 and 9 of the Act; Provided that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation.
(6) The reimbursement will be made directly, by way of Real time Gross Settlement (RTGS) / National Electronic Fund Transfer (NEFT) in the separate bank account maintained by the school in two installments during the academic year. First installment of 50% will be reimbursed in the month of September and the balance will be reimbursed in the month of January.
(7) The school, shall in the month of July, submit the list of the students admitted in the school under section 12 of the Act, to the District Educational Officer for reimbursement. The District Educational Officer shall verify or cause to be verified the enrolment of the children before making the reimbursement of the first installment. He/she shall reimburse the final installment in the coming January again after verification of the enrolment of children, attendance of every child subject to a minimum of 80% attendance every month and student learning outcomes.
(8) The school wise names of the students admitted in the private schools and the specified schools under section 12 of the Act shall also be maintained in the electronic form and will be displayed in a manner as determined by the Committee constituted under sub-rule (3) of rule 9 above.
### 11. Birth Certificate for Admission.
- Wherever a birth certificate under the Registration of Births and Deaths Act 1969 is not available, anyone of the following documents shall be deemed to be proof of age of the child for the purposes of admission in schools:-
(a) Hospital/ Auxiliary Nurse and Midwife (ANM) register record
(b) Anganwadi record
(c) Self declaration by the parent or guardian
### 12. Normal period of Admission.
- The normal period of admission into any school, for the purposes of this Act, shall be from 12th June to 31st August of the academic year, it includes any admissions made prior to this period for the academic year commencing from the 12th of June or any other date notified by the Government for that year.
### 13. Extended Period of Admission.
(1) Extended period of admission shall be three months from the date of closure of the normal period of admission.
(2) Where a child is admitted in a school after the extended period, he or she shall be eligible to complete studies with the help of special training, as determined by the head of the school.
### 14. School Recognition.
(1) Every school, other than a school established ,owned or controlled by the Central Government, the State Government or the local authority, established before or after the commencement of the Act for imparting elementary education shall make an application cum self-declaration in Form-l as shown in the appendix, within a period of three months from the commencement of the Act, to the District Educational Officer, who shall be the designated authority to issue certificate of recognition to the school under section 18 of the Act. The application shall also mention the neighborhood area of the school that shall be covered under the provisions of clause (c) of sub- section-2 of Section 12 of the Act. The application addressed to the District Educational Officer shall be submitted to him/her through the Mandal Educational Officer. The school, at first, shall furnish information in the electronic form on the website maintained for the purpose so that the school information is immediately put on the public domain. The school shall get a receipt and registration number after filing the data in the website. Thereafter, the school shall submit the application form along with the copy of the receipt to the Mandal Education Officer who shall acknowledge receipt of the application.
(2) The District Educational Officer may inspect or may cause to be inspected the school to verify if the school seeking recognition fulfills the norms and standards prescribed under section 19 of the Act. The District Educational Officer and the inspecting authority, if it is other than the District Educational Officer, shall have power to seek information relevant for the grant of the recognition and to make inspection of the records to verify the information submitted in the application form seeking recognition.
(3) The Mandal Educational Officer or a team of such officers as may be prescribed by the District Educational Officer shall verify the information submitted by the school in the application form and send the application form in original along with his / their report to the District Educational Officer for consideration within a week of receipt of the application.
(4) The District Educational Officer, on being satisfied that the school fulfills the norms and standards prescribed under section 19 and section 25 of the Act, shall issue the recognition certificate in Form-2 as shown in the appendix. The certificate shall be for a period of three years and shall be issued within 30 days from the date of making application for recognition. The certificate of recognition shall be issued subject to following conditions:
(a) The school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force;
(b) The school is not run for profit to any individual, group or association of individuals or any other persons;
(c) The school conforms to the values enshrined in the Constitution;
(d) The school is open to inspection by any officer authorized by the State Government/ Local Authority;
(e) The school buildings or other structures or the grounds are used only for the purposes of education and skill development;
(f) the school shall furnish such reports and information as may be required by the State Government, Commissioner and Director School Education and District Educational Officer from time to time and comply with such instructions of the State Government/Local Authority as may be issued to secure the continued fulfillment of the conditions of recognition or the removal of deficiencies in working of the school;
(g) The school shall maintain norms and standards specified under section 19 of the Act
(h) The school shall give reservation of minimum of 25% in class I for the children of disadvantaged groups and children of weaker sections from the neighbourhood area .In case the private school is an aided school it shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of 25%.;
(i) The school having pre-school education shall also give reservation of at least 25 % of its enrolment at the initial stage of admission to the children of disadvantaged groups and the children of weaker sections of the neighbourhood area under section 12 of the Act;
(j) The school shall submit, every year, before commencement of the academic session, fee to be charged from the children to the District Educational Officer
(k) The school shall comply with the provisions of the Act;
(l) The recognition shall be withdrawn in case of violation of the conditions of recognition.
### 15. Provisional Certification.
- Should a school fail to fulfill the following norms:
(1) Pupil - teacher ratio as specified in section 25 of the Act, the District Educational Officer shall issue a provisional certificate granting permission to run the school for a period up to six months from the date of commencement of the Act. The provisional certificate - shall be issued in the Form-3 as shown in the appendix. On expiry of the period of six months the school shall maintain the Pupil- Teacher Ratio as specified by the Act.
(2) if a school fulfills norms mentioned in section 25 of the Act, but does not fulfill other norms and standards specified in the schedule of the Act the District Educational Officer shall issue a provisional certificate granting permission to run the school for a period up to three years from the date of commencement of the Act .The provisional certificate shall be issued in the Form-4 as shown in the appendix.
Provided that if the school fulfills the required norms and standards within the time frame specified in the provisional certificate, the certificate issuing authority, on receipt of application for recognition, satisfy himself/ herself and shall issue the certificate of recognition as laid down under sub -rule 4.
Provided further that if the school does not claim recognition within the period specified in the provisional certificate it shall be deemed to be an unrecognised school and running of such a school shall be punishable under section 19 of the Act.
(3) No new school shall be opened after the commencement of the Act without obtaining recognition certificate issued under section 18 of the Act.
(4) The recognition certificate issuing authority shall inspect or cause the school to be inspected every year to verify fulfillment of conditions of recognition.
### 16. Withdrawal of Recognition.
- Where a school contravenes the conditions of recognition or any provisions of the Act the authority issuing the certificate of recognition shall issue show cause notice of withdrawal of recognition. The school shall be given at least one month time to file the reply. If the authority is not satisfied with the reply, the school shall be given opportunity of hearing before taking a decision on withdrawal of recognition. The order of withdrawal shall be in writing. The order of de-recognition shall be operative from the immediately succeeding academic year. The order will be a speaking order and it shall contain the name/names of the neighbourhood school /schools where the children of the de-rcognised school will be admitted.
### 17. Appeal.
- Appeal against the order issued under sub rule (5) or sub rule (8) may be filed before the Collector of the district within 15 days from the date of receipt of the order. The Collector shall, at first, decide admissibility of the appeal and once the appeal has been admitted for hearing, the order under appeal shall remain suspended till the final decision of the appeal. The Collector, after giving opportunity of hearing to both the parties, will pass the order within two months from the date of filing of appeal. The order of the Collector shall be final.
### 18. Revision.
(a) A revision shall lie to the Commissioner and Director of School Education, against the orders passed by the Collector withdrawing recognition of any school.
(b) It shall be filed within (30) days of the date of receipt of the orders passed by the appellate authority.
(c) Information of recognition of any school will be sent to the local authority i.e. to the urban local body in case the school is situated in the urban area and to the Gram Panchayat in case the school is situated in the rural area, so that local public representatives have knowledge of establishment of recognised private school.
### 19. School Management Committee.
- [(1) (a) The School Management Committee (SMC) shall be constituted in every school, other than an unaided school, within its jurisdiction, within six months of the commencement
of the Act;
(b) The school having both primary and upper primary classes shall have one SMC for the entire school;
(c) In case of schools having classes for both elementary and secondary education, separate School Management Committee shall be constituted for the elementary section, which may be styled as 'upper primary School Management Committee' of the corresponding school;
(d) The School Management Committee once constituted shall exist perpetually until its abolition or merger, to be authorized by the Mandal Education Officer in case of Primary Schools and the DEO in case of other schools. However members will retire as per their terms. The resultant cyclical and casual vacancies shall be filled within reasonable time as prescribed by the Implementation Authority.]
(2) The composition of the committee will be as follows -
(a) [ The composition of the Committee will be as follows:
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
Elected members:
(1) Three parents/guardians elected by parents/guardians of children in each class, of whom at least one person is parent/guardian of a child from the disadvantaged group and another person is a parent/guardian of a child belonging to weaker sections, and two are women.
Provided that, in case, the number of children in a class is less than 6, the same shall be combined with the next lower or higher class, such that the number of electors in the combined class is 6 or more.
(2) The term of an elected member will be for two years, or the date of leaving-from-the-school of the member's child/ward, which ever is earlier.
(3) New parent/guardian members from entry class will be inducted into the SMC to replace those parent members who will move out of the SMC when their children leave school.]
(b) [ Ex-officio members:
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(1) The Head Teacher or the in charge Head Teacher of the school shall be the Member Convenor;
(2) Additional Teacher Member nominated by the MEO preferably from the gender opposite to that of the Head Teacher;
(3) The concerned Corporator / Councillor / Ward Member, as the case may be;
(4) The Anganwadi Worker(s) serving the neighbourhood area of the school;
(5) The Multipurpose Health Worker - Female (ANM) serving the neighbourhood area of the school;
(6) The President of Mahila Samakhya of the concerned village/ward.]
(c) [ Coopted members:
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(1) Two school supporters from among persons who is an eminent educationist, a philanthropist, office bearer of a voluntary rganization, an alumni or such other supporter of the school; coopted by the elected members of the SMC.
(2) The term of coopeted members shall be two years from the date of first meeting following the date of cooption.]
[(d) Local-Authority-Chairperson. - The concerned Sarpanch / Municipal Chairperson / Mayor may attend any meeting of SMC in their respective areas, at his/ her discretion.]
[Added by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(3) [ The School Management Committee shall elect the Chairperson and the Vice Chairperson from among its elected members. Provided that at least one of them should be a parent/guardian of a child from the disadvantaged group or the weaker sections. Provided further that at least one of them should be a woman.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(4) (a) The Head Master of the school shall organize an annual general body meeting of parents/guardians within one month after the normal period of admission.
[(b) All teachers working in the school and members of the SMC should be present at the annual general body meeting of parents/guardians.
(c) The Head Teacher shall present a report on the learning activities of the school in the previous academic year and the plan for the current academic year.
(d) The Chairman SMC shall summarize school development activities and management issues.
(e) Electors of respective classes shall elect new parent/guardian members of SMC from entry class and also to fill in any casual vacancy.
(f) Both parents of a child may participate in the deliberations of the annual general body. However, only one of the parents shall be eligible to vote for election of parent/guardian representative to the SMC.
(g) Parents/guardians having children in different classes shall be eligible to participate in the election process of each class.
(h) The Head Teacher shall conduct the election.
(i) At least 50% of the parents/guardians should be present for conducting the elections.
(j) Elections shall ordinarily be by show of hands or voice vote. In extraordinary situations of unresolved contention, secret ballot procedure may be adopted.]
(5) [ (a) The School Management Committee shall meet at least once in two months during the academic year. The first meeting will be around the beginning of the academic year. The last meeting, towards end of the academic year, shall review the academic progress and activities of the year.
(b) As and when any elected member of the SMC requests to convene a meeting with a specific agenda, the Head Teacher shall, with the approval of the Chairperson, either convene a special meeting or schedule the agenda for discussion in the next scheduled meeting.
(c) School Management Committee may constitute sub committees, like MDM, academic review, grants and expenditure and conduct social audit for effective monitoring and implementation of RTE.
(d) Minutes and decisions of the SMC and its Subcommittee meetings shall be recorded and made available or read over to all members.]
(6) [ The School Management Committee shall, in addition to the functions specified in section 21(2) of the Act, perform the following functions:
(a) Periodically review the outcomes of curriculum delivery in the school and arrange to demonstrate learning outcomes of the children in the areas of reading, writing, simple arithmetic and comprehension, by picking the children at random from each class and shall also pay attention to student absenteeism and teacher absenteeism and take steps to remedy;
(b) Ensure the enrolment and continued attendance of all the children from the neighborhood in the school;
(c) Arrange to maintain a detailed list of all children including disabled, children of migrant families living in the neighborhood who are in the age group of 6-14 years and shall take effective steps to enroll the out of school children and recommend for the implementation of age appropriate class enrolment;
(d) Review monitor attendance availability of teaching other staff of the school.
(e) Monitor the implementation of the Mid-Day Meal (MDM) in the school;
(f) Prepare an annual account of receipts and expenditure of the school.]
(7) [ Any money received shall be credited to the bank account of the School Management committee. The account shall be the joint account of the chairperson and the convener of the committee. The account will be made available for audit whenever required. At the end of each year, utilization certificate shall be submitted to the authority releasing the grants.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
(8) [ The Accounts of the School Management Committee shall be audited by the agency or team appointed for the purpose by the Implementation Authority or its delegatee for purposes of accounts and audit.]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
### 20. Preparation of School Development Plan.
(1) The School Management Committee shall prepare a school development plan in the month of November each year by calling a Gram Sabha involving all the parents of the children enrolled in the school, the local peoples' representative of the Panchyat Raj institutions, the Mahila Samakhyas and also inviting a representative of a prominent NGO working in the filed of education in the neighborhood area of the school, if any.
(2) The school development plan, shall contain the following components:
(a) Estimates of class-wise enrolment for each year;
(b) Requirement of the number of additional teachers, including head teachers, subject teachers and part time teachers, separately for Classes I to V and classes VI to VIII, calculated with reference to the norms specified in the Schedule;
(c) Physical requirement of additional infrastructure and equipments calculated with reference to the norms and standards specified in the Schedule;
(d) Special focus on school sanitation, School safety, Health Hygiene, Early detection of disability and intervention plan;
(e) Additional financial requirement, year-wise, in respect of (b) and (c) above, including additional requirement for providing special training facility specified in section 4, entitlements of children such as free text books and uniforms, and any other additional financial requirement for fulfilling the responsibilities of the school under the Act.
(3) The school development plan should be signed by the Chairperson/Vice - Chairperson and Convener of the School Management Committee and submitted to the State Government or the Local Authority, as the case may be , before the end of the financial year in which it is to be prepared.
### 21. Salary and allowances and terms and conditions of service of teachers of private unaided schools.
- In case of teachers of private schools salary and allowances and their terms and conditions of service shall be decided by the school management subject to legislations and regulations, if any, in force.
### 22. Duties of Teachers.
(1) In pursuance of the functions specified in sub-section (1) of section 24 of the Act and in order to fulfill the requirements of clause (h) of sub-section (2) of section 29.
(2) The teacher shall maintain a file containing the pupil cumulative record for every child including the record maintained while implementing the Learning Enhancement Programme or any other programmes that may be in force, which will be the basis for awarding the completion certificate specified in sub-section (2) of section 30 of the Act.
(3) In addition to the functions specified in clauses (a) to (e) of sub-section (1) of section 24, a teacher shall perform the following duties assigned to him or her, without interfering with regular teaching:
(a) Participation in training programmes;
(b) Participation in curriculum formulation, and development of syllabi, training modules and text book development;
### 23. Grievance redressal of teachers.
(1) The School Management Committee constituted under section 21 shall be the first level of grievance redressal of teachers of schools specified therein. If the School Management Committee fails to redress the grievance of the teacher/s a committee constituted at Mandal Parishad level with Mandal Parishad Development Officer (MPDO) as the chairman and the Mandal Executive Officer as convener shall sit in appeal to redress the grievance of the teacher/s as the case may be.
(2) There shall be a District Level Grievance Redressal Committee to redress the grievances of the teachers.
(3) The committee shall consist of the District Collector as Chairman, Superintendent of Police, Chief Executive Officer, Zilla Parishad, District Medical and Health Officer, Commissioner or Chief Municipal Officers of local urban body at the district headquarters Assistant Commissioner Tribal Welfare and District Educational Officer. The District Educational Officer shall be the convener of the committee.
(4) The committee shall meet once in three months.
(5) Any teacher of the school established, owned or controlled by the State Government or the local authority may submit his grievance in writing to the convener of the committee. The grievance may also be submitted through education portal as maintained by the Rajiv Vidya mission. The committee may after such enquiry, as it deems fit , will redress the grievance. The convener of the committee will communicate its decision to the teacher.
(6) The committee, besides attending to the grievances received from the teachers, may, on its own, review the status of the various claims and service related matters of the teachers.
(7) Every private school shall develop its own mechanism for redressal of grievances of its Teachers.
### 24. Maintaining Pupil-Teacher Ratio in each school.
(1) Sanctioned strength of teachers in every school established, owned or controlled by the State Government or the local authority shall be specified by order in writing by the Commissioner Director of School Education in consultation with the Rajiv Vidya Mission, within a period of three months from the date of commencement of the Act
Provided that the Rajiv Vidya Mission and the Commissioner Director of School Education, shall, within six months of such order redeploy teachers of schools having a strength in excess of the sanctioned strength prior to the order referred to in sub-rule (1) .
(2) The Rajiv Vidya Mission and the Commissioner Director of School Education shall review the teacher positioning every year before commencement of the academic session.
(3) The State Government shall take effective steps to fill up vacancies of teachers on a regular basis. If there is a delay in the recruitment, the School Management Committee concerned shall be permitted to engage qualified and trained personnel, temporarily, on consolidated remuneration as decided by the School Management Committee to fill the time gap between arisal of vacancy and actual placement of the teachers.
(4) The State Government shall cancel all such deputations of teachers where salaries are paid by the schools but services are taken by some other offices or institutions.
(5) If any person of the State Government or the local authority violates the provisions of sub-section (2) of section 25, he or she shall be personally liable for disciplinary action.
### 25. Academic Authority laying down the Curriculum and Evaluation Procedure.
(1) The State Council of Educational Research and Training (SCERT) shall be the Academic Authority for the purposes of Section 29 of the Act.
(2) The Academic Authority notified under sub-rule (1) shall hold consultations with the Rajiv Vidya Mission, in designing the State curriculum framework, the school evaluation mechanism and the Continuous Comprehensive Evaluation for all children in the schools and it shall -
(a) Formulate the relevant and age appropriate syllabus and text books and other learning material
(b) Develop in-service teacher training design, and
(c) Prepare guidelines for putting into practice Continuous and Comprehensive Evaluation
(d) Develop performance indicators for the individuals and institutions along with accountability criteria towards children's learning levels.
(e) Undertake periodic performance appraisal of individuals and institutions.
(f) Commission and undertake researches / studies on policies, programmes, curriculum, Learning outcomes of children etc.
(3) The Academic Authority referred to in sub-rule (1) shall design and implement a process of holistic quality assessment of all schools including the schools referred to in clause (iv) of Sub-section (n) of section-2 of the Act, on a regular basis
### 26. Award of Certificate on completion of Elementary Education.
(1) The head teacher or the in charge head teacher of the school shall issue the certificate of completion of elementary education within one month of the completion of elementary education in the Form-5 as shown in the appendix.
Provided that the private school shall stamp prominently on the certificate the number of recognition certificate issued by the competent authority.
(2) The document referred to in sub-rule (1) shall -
(a) Certify that the child has completed all courses of study prescribed under section 29 of the Act.
(b) Contain the Pupil Cumulative Record of the child and also specify achievements of the child in areas of activities beyond the prescribed course of study and may include music, dance, literature, sports, etc.
### 27. Constitution and Functions of Right to Education Protection Authority.
(1) The State Government shall constitute an Authority viz., the Right to Education Protection Authority (REPA) within 6 months of the commencement of the Act.
(2) The Right to Education Protection Authority shall consist of -
(i) A chairperson who is -
(a) A person of high academic repute or
(b) Has been a judge of the High court or
(c) Has done outstanding work for promotion of rights of the children and
(ii) Four members of whom two shall be women from the following areas.
(a) Education
(b) Child healthcare and Child development
(c) Juvenile justice or care of neglected or marginalized children or children with disabilities
(d) Elimination of child labour or working with children in distress.
(e) Child psychology or sociology
(f) Legal profession
(iii) The National Commission for Protection of Child Rights (NCPCR) Rules, 2006 shall, in so far as it pertains to the terms and conditions of office of the Chairman and the members of National Commission for Protection of Chile Rights, mutatis mutandis, apply to Chairperson and other members of the Right to Education Protection Authority
(iv) All records and assets of the Right to Education Protection Authority shall be transferred to the State Commission for Protection of Child Rights immediately after its constitution.
(v) In performance of its functions, the State Commission for Protection of Child Rights or the Right to Education Protection Authority, as the case may be, may also act upon matters referred to it by the State Advisory Council.
(vi) The State Government shall enable constituting a Cell in the State Commission for Protection of Child Rights or the Right to Education Protection Authority, as the case may be, which may assist the Commission or the Right to Education Protection Authority in performance of its functions under the Act.
### 28. Constitution and Functions of the State Advisory Council.
- (I) The State Advisory Council shall consist of Chairperson and Co- Chair person and thirteen members.
(2) The Minister in-charge of the Department of Primary Education shall be the ex-officio Chairperson of the Council. The Minister in-charge of the Department of School Education in the State Government shall be the ex-officio Co-chairperson
(3) Members of the Council, shall be appointed by the State Government from amongst the persons having knowledge and practical experience in the field of elementary education and child development, as under:
(a) At least four members shall be from amongst persons belonging to SCs, STs , OBCs and minorities taking one from each of these categories;
(b) At least one member shall be from amongst persons having specialized knowledge and practical experience of education of children with special needs;
(c) At least one member should be from amongst persons having specialized knowledge in the field of pre-primary education
(d) At least one member shall be from amongst persons having specialized knowledge and practical experience in the field of teacher education
(4) Fifty percent of the members i.e. six members shall be women.
(5) Principal Secretary to Government Primary Education and SSA shall be the convener of the council. The Secretary, School Education shall be the coconvener and the Secretary, Tribal Welfare, the Secretary, Social Welfare, the Secretary, BC Welfare, the Secretary, Minority Welfare, the Secretary, Women Child Welfare, the Secretary, HMFW, the Secretary, Panchayat Raj shall be special invitees to the meetings of the Council. One member each of the recognized teachers unions who are members of Joint Staff Council shall be the special invitees
(6) The procedure for transaction of Business of the Council shall be as under:
(i) The Council shall meet once in three months
(ii) Quorum of the meeting of the Council shall be considered complete if at least 50% of its members are present.
(7) The terms and conditions for appointment of members of the Council shall be as under:
(a) Every member shall hold office as such for a term of two years from the date on which he/she assumes office.
Provided that no member shall hold office for more than two terms
(b) The member may be removed from his office by an order of the State Government on the ground of proved misbehavior or incapacity, or on the happening of anyone or more of the following events: if the member:-
(i) Is adjudged insolvent; or
(ii) Refuses to act or becomes incapable of acting; or
(iii) Is of unsound mind and stands so declared by a competent Court; or
(iv) Has so abused his office as to render his continuance in office detrimental to the public interest or
(v) Is convicted for an offence by a competent Court; or
(vi) Is without obtaining leave of absence from the Council, absent in two consecutive meetings of the Council
(c) If a vacancy occurs in the office of Members, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of (120) days by making a fresh appointment in accordance with the provisions of sub-rule (3).
### 29. Repeal and Savings.
(1) The existing Acts, Rules, Regulations, Executive instructions etc., issued by the Government of Andhra Pradesh, the Commissioner and Director of School Education, inconsistent with these Rules shall be deemed to be void to the extent of the inconsistency.
(2) Any act of any authority, Officer or body under any Act, Rule, Executive instruction after promulgation of the Act but before notification of these Rules shall be saved and he/she shall be deemed to have acted under these Rules.
Appendix
Form 1
Self Declaration Cum Application For Grant Of Recognition Of School
See sub-rule (1) of rule 14 of Andhra Pradesh Right of Children to Free and Compulsory Education Rules 2010.
To
The District Educational Officer (through Mandal Educational Officer concerned)
District--------------
Andhra Pradesh
Sir,
I forward herewith a self declaration regarding compliance with the norms and standards prescribed in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and an application in the prescribed proforma for the grant of recognition to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name of the school) with effect from the commencement of the academic year\_\_\_\_\_\_\_\_\_\_\_\_\_.
Yours faithfully,
Enclosure:
Chairman of ManagingCommittee/Correspondent
Place:Date:
A School Details
### 1. Name of the School ###
2. Academic Session
### 3. District ###
4. Postal Address
### 5. Village/City ###
6. Mandal
### 7. Pin Code: ###
8. Phone No. with STD Code
### 9. Fax No. ###
10. E-mail address if any
### 11. Nearest Police Station B. General Information
### 1. Year of Foundation ###
2. Date of First Opening of School
### 3. Name of Trust / Society ###
4. Registration number of Trust / Society (enclose copy of document of registration)
### 5. Whether there is a proof of non - proprietary character of the Trust / Society supported by the list of Members with their address on an affidavit in copy ###
6. Name official address of the Manager / President /Correspondent
Name :Designation :AddressPhone (O) :(R) :Email Address
### 7. Total Income Expenditure during last 3 years surplus / deficit | | | | |
| --- | --- | --- | --- |
|
Year
|
Income
|
Expenditure
|
Surplus / deficit
|
C Nature and area of school
### 1. Medium of Instruction ###
2. Type of School (Specify entry exit classes)
### 3. If aided, the name of agency and percentage of aid ###
4. Teaching posts created
| | | |
| --- | --- | --- |
|
Name of the Post
|
Number of posts created by the Management
|
Of the posts in the previous column no. of posts
admitted to Grant-in-Aid
|
(i) Headmaster
(ii) School Assistant
(iii) Secondary Grade Teachers iv) PET
(v) Language Pandits
(vi) Art / Music / Computer Teachers
### 5. If school recognized ###
6. If so, by which authority
• Recognition number
### 7. Does the school has its own building or is it running in a rented building. ###
8. Type of building (Pucca, Partially Pucca, Kucha, Tent)
### 9. Whether the school buildings or other structures or the grounds are used only for the purpose of education and skill development? ###
10. Total area of the school
### 11. Built up area of the school ###
12. Play area in the premises of the Schools (in Sq.Mts.)
### 13. Boundary wall/Fencing ###
14. Whether school is under obligation to provide free education to specified number of children on account of having received any land, building, equipment or other facilities, either free of cost or at a concessional rate from the State Government, Central Government and local authority
### 15. If Yes, enclose copy of the document D. Enrollment Status
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Class
|
No. of Section
|
No. of Students
|
Disadvantaged Group
|
|
Boys
|
Girls
|
Total
|
Orphans
|
HIV Affected /Infected
|
CWSN
|
SC
|
ST
|
BC
|
Minorities
|
|
1
2
3
4
5
6
7
8
9
10
11
|
Pre- Primary
I
II
III
IV
V
VI
VII
VIII
IX
X
|
|
|
|
|
|
|
|
|
|
|
|
E. Infrastructure Details Sanitary Conditions
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Rooms
|
Numbers
|
Average Size
|
### 1. Classroom ###
2. Office room - cum store room - cum -Headmaster room
### 3. Kitchen - cum - store ###
4. Science lab
### 5. Library room ###
6. Sports Games room
### 7. Computer lab F. Other Facilities
### 1. Whether all facilities have barrier free access ###
2. Teaching Learning Equipment (attach list)
### 3. Sports Play equipments (attach list) ###
4. Facility books in Library
Books (No. of books)
Periodical/News Papers
### 5. Type and number of drinking water facility ###
6. Sanitary Conditions
(i) Type of W.C. Urinals
(ii) Number of Urinals/Lavatories Separately for Boys
(iii) Number of Urinals/Lavatories Separately for Girls
### 7. Electricity G. Particulars of Teaching Staff (Details of each teacher separately)
### 1. Teachers in Primary School | | | | |
| --- | --- | --- | --- |
|
Teacher’s Name
|
Father’s Name
|
Post working in (Designation) |
Whether the teacher is working in Grant-in-Aid
post
|
|
(1) |
(2) |
(3) |
(4) |
|
Date of Birth
|
Date of Appointment
|
Academic Qualification
|
Professional Qualification
|
|
(5) |
(6) |
(7) |
(8) |
|
Subjects Studied
a. Degree level
b. P.G. Level
c. B.Ed Methodologies
|
Teaching Experience
|
Classes Subjects handled by the Teacher
|
Trained or Untrained
|
|
(9) |
(10) |
(11) |
(12) |
| | | |
| --- | --- | --- |
|
Scale of Pay
|
Gross Salary per month
|
Whether salary is paid through Nationalized bank
to the account of the teacher
|
|
(13) |
(14) |
(15) |
### 2. Teachers in Upper Primary School | | | | |
| --- | --- | --- | --- |
|
Teacher’s Name
|
Father’s Name
|
Post working in (Designation) |
Whether the teacher is working in Grant-in-Aid
post
|
|
(1) |
(2) |
(3) |
(4) |
|
Date of Birth
|
Date of Appointment
|
Academic Qualification
|
Professional Qualification
|
|
(5) |
(6) |
(7) |
(8) |
|
Subjects Studied
a. Degree level
b. P.G. Level
c. B.Ed Methodologies
|
Teaching Experience
|
Classes Subjects handled by the Teacher
|
Trained or Untrained
|
|
(9) |
(10) |
(11) |
(12) |
| | | |
| --- | --- | --- |
|
Scale of Pay
|
Gross Salary per month
|
Whether salary is paid through Nationalized bank
to the account of the teacher
|
|
(13) |
(14) |
(15) |
### 3. Teachers in High School | | | | |
| --- | --- | --- | --- |
|
Teacher’s Name
|
Father’s Name
|
Post working in (Designation) |
Whether the teacher is working in Grant-in-Aid
post
|
|
(1) |
(2) |
(3) |
(4) |
|
Date of Birth
|
Date of Appointment
|
Academic Qualification
|
Professional Qualification
|
|
(5) |
(6) |
(7) |
(8) |
|
Subjects Studied
a. Degree level
b. P.G. Level
c. B.Ed Methodologies
|
Teaching Experience
|
Classes Subjects handled by the Teacher
|
Trained or Untrained
|
|
(9) |
(10) |
(11) |
(12) |
| | | |
| --- | --- | --- |
|
Scale of Pay
|
Gross Salary per month
|
Whether salary is paid through Nationalized bank
to the account of the teacher
|
|
(13) |
(14) |
(15) |
### 4. Head Master/ Principal | | | | |
| --- | --- | --- | --- |
|
Teacher’s Name
|
Father’s Name
|
Post working in (Designation) |
Whether the teacher is working in Grant-in-Aid
post
|
|
(1) |
(2) |
(3) |
(4) |
|
Date of Birth
|
Date of Appointment
|
Academic Qualification
|
Professional Qualification
|
|
(5) |
(6) |
(7) |
(8) |
|
Subjects Studied
a. Degree level
b. P.G. Level
c. B.Ed Methodologies
|
Teaching Experience
|
Classes Subjects handled by the Teacher
|
Trained or Untrained
|
|
(9) |
(10) |
(11) |
(12) |
| | | |
| --- | --- | --- |
|
Scale of Pay
|
Gross Salary per month
|
Whether salary is paid through Nationalized bank
to the account of the teacher
|
|
(13) |
(14) |
(15) |
H. Curriculum and Syllabus
### 1. Details of curriculum syllabus followed in each class (upto VIII) ###
2. System of pupil
### 3. Whether pupils of the school are required to take any Board exam upto class 8 ? I. School fee (per Annum)
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Class
|
Tuition Fee
|
Special Fee
|
Other fee if any
|
|
1
2
3
4
5
6
7
8
9
10
11
|
Pre- Primary
I
II
III
IV
V
VI
VII
VIII
IX
X
|
|
|
|
J- Neighbourhood area for purpose of section 12 (c) of the Act.
| | |
| --- | --- |
|
Within 1 km
|
Within 3 kms
|
|
Name of the Habitation / Locality General
Population
|
Name of the Habitation / Locality General
Population
|
K. Certified that the School complies with the Fire Safety Rules, Municipal by-laws and Traffic Regulations.
L. Whether school has constituted Parent Teacher Association (PTA) as per G.O.Ms. No. 246 ? If so, attach the details along with minutes of the last two meetings.
M. Certified that the school has also submitted information in the Data Capture Format of District Information System of Education (DISE) with this application.
N. Certified that the school is open to inspection by any officer authorized by the appropriate authority;
O. Certified that the school undertakes to furnish such reports and information as may be required by the District Educational Officer from time to time and to comply with such instructions of the appropriate authority or the District Educational officer as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school;
P. Certified that records of the School pertinent to the implementation of this Act shall be open to inspection, by any officer authorized by the District Educational Officer or appropriate authority at any time, and the school shall furnish all such information as may be necessary to enable the Central and / or State Government / Local Body or the Administration to discharge its or his obligations to Parliament / Legislative Assembly of the State / Panchayat/ Municipal Corporation as the case may be.
| | |
| --- | --- |
|
Place:Date:
|
(Signature) Secretary cum Correspondent................School
|
Form 2
Certificate of Recognition
See sub-rule (4) of rule 14 of Andhra Pradesh Right of Children to Free and Compulsory Education Rules 2010.
E-Mail:
................................Phone:
Fax:
Office Of District Educational Officer
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District
Andhra Pradesh
| | |
| --- | --- |
|
No.
|
Dated:
|
The Manager,
Name of the school
Sub: Recognition Certificate for the School under sub -rule (4) of Rule 14 of Right of Children to Free and Compulsory Education Rules, 2010 for the purpose of Section 18 of Right of Children to Free and Compulsory Education Act, 2009.
Ref: 1. Your application Lr.No. \_\_\_\_\_\_\_\_\_\_\_\_ Dated: \_\_\_\_\_\_\_\_\_\_\_\_
### 2. Onsite Inspection Report Lr. No. \_\_\_\_\_\_\_\_\_\_\_\_ Dated: \_\_\_\_\_\_\_\_\_\_\_\_ Dear Sir/Madam,
With reference to your application cited 1st above and onsite inspection 2nd above, I convey the grant of recognition to the \_\_\_\_ (name of the school with address) for Class \_\_ to Class \_\_ for a period of three years w.e.f. \_\_ to \_\_ .
The above sanction is subject to fulfillment of following conditions:-
(1) The grant of recognition is not extendable and does not in any way imply any obligation to recognize/affiliate beyond Class VIII.
(2) The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 and the rules thereof.
(3) The School shall admit in class I, to the extent of 25% of the strength of that class, children belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory elementary education till its completion. Provided, further that in case of pre primary classes also, this norm shall be followed.
(4) For the children referred to in paragraph 3, the School shall be reimbursed as per Section 12(2) of the Act. To receive such reimbursements the school shall provide a separate bank account.
(5) The Society/School shall not collect any capitation fee and subject the child or his or her parents or guardians to any screening procedure.
(6) The School shall not deny admission to any child
(a) for lack of age proof if such admission is sought subsequent to the extended period prescribed for admission.
(b) on the ground of religion, caste or race, place of birth or any of them.
(7) The School shall ensure:
(i) No child admitted shall be held back in any class or expelled from school till the completion of elementary education in a school;
(ii) No child shall be subjected to physical punishment or mental harassment;
(iii) No child is required to pass any board examination till the completion of elementary education;
(iv) Every child completing elementary education shall be awarded a certificate as laid down under Rule 23
(v) Inclusion of students with disabilities/special needs as per provisions of the Act
(vi) The teachers are recruited with minimum qualifications as laid under section 23(1) of the Act.
Provided further that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications with in a period of 5 years;
(vii) The teacher performs his / her duties specified under section 24(1) of the Act and
(viii) The teachers shall not engage himself or herself in private teaching activities.
(8) The School shall follow the syllabus on the basis of the curriculum laid down by the appropriate authority.
(9) The School shall enroll students proportionate to the facilities available in the school as prescribed in section 19 of the Act.
(10) The School shall maintain the standards and norms of the school as specified in section 19 of the Act. The facilities reported at the time of last inspection are as given under:-
(a) Area of school campus
(b) Total built up area
(c) Area of play ground
(d) No. of class rooms
(e) Room for Headmaster-cum-Office-cum-Storeroom Separate toilet for boys and girls
(f) Drinking Water Facility
(g) Kitchen for cooking Mid Day Meal
(h) Barrier free Access
(i) Availability of Teaching Learning Equipment/Play Sports Equipments / Library
(11) Enrolment and Staff particulars:
(a) Total Enrolment for Classes \_\_\_\_\_ to \_\_\_\_\_ as per on site inspection is \_\_\_\_\_
(b) Total teaching staff in the School as per on site inspection is \_\_\_\_\_
(c) Total non-teaching staff in the School as per on site inspection is \_\_\_\_\_
(12) No unrecognized classes shall run within the premises of the school or outside in the same name of school.
(13) The school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for political or non-educational activity of any kind whatsoever;
(14) The School is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force;
(15) The School is not run for profit to any individual, group or association of individuals or any other persons;
(16) The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Educational Officer every year.
(17) The recognition Code Number allotted to your school is \_\_\_\_\_\_. This may please be quoted for any correspondence with this office in future.
(18) The school furnishes such reports and information as may be required by the Rajiv Vidya Mission / District Educational Officer from time to time and complies with such instructions of the State Government/Local Authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school;
(19) Renewal of Registration of Society if any, be ensured.
(20) The recognition shall be withdrawn if the contravention of the provisions of the Act, The Rules and conditions of recognition is found and proved.
Yours faithfully,District Educational Officer
Form - 3
Provisional Certificate Of Recognition
See sub-rule (1) of rule 15 of Andhra Pradesh Right of Children to Free and Compulsory Education Rules 2010.
E-Mail:
\_\_\_\_\_\_\_\_\_\_\_Phone:
Fax:
Office Of District Educational Officer
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District
Andhra Pradesh
| | |
| --- | --- |
|
No.
|
Dated:
|
The Manager,
Name of the school
Sub: Recognition Certificate for the School under sub-rule (1) of Rule 15 of Right of Children to Free and Compulsory Education Rules, 2010 for the purpose of Section 18 of Right of Children to Free and Compulsory Education Act, 2009.
Dear Sir/Madam,
With reference to your application dated and subsequent correspondence with the school/inspection in this regard, I convey the grant for provisional recognition to the (name of the school with address) for Class \_\_ to Class \_\_ for a period of ----- months w.e.f. ---- to 30th September 2010.
The above sanction is subject to fulfillment of following conditions:-
(1) The grant of recognition is not extendable and does not in any way imply any obligation to recognize/affiliate beyond Class VIII.
(2) The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 and the rules thereof.
(3) The School shall admit in class I, to the extent of 25% of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. Provided, further that in case of pre primary classes also, this norm shall be followed.
(4) For the children referred to in paragraph 3, the School shall be reimbursed as per Section 12(2) of the Act. To receive such reimbursements school shall provide a separate bank account.
(5) The Society/School shall not collect any capitation fee and subject the child or his or her parents or guardians to any screening procedure.
(6) The School shall not deny admission to any child
(a) for lack of age proof if such admission is sought subsequent to the extended provided prescribed for admission.
(b) on the ground of religion, caste or race, place of birth or any of them.
### 7. The School shall ensure: (i) No child admitted shall be held back in any class or expelled from school till the completion of elementary education in a school;
(ii) No child shall be subjected to physical punishment or mental harassment;
(iii) No child is required to pass any board examination till the completion of elementary education;
(iv) Every child completing elementary education shall be awarded a certificate as laid down under Rule 23
(v) Inclusion of students with disabilities/special needs as per provision of the Act
(vi) The teachers are recruited with minimum qualifications as laid under section 23(1) of the Act. Provided further that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications with in a period of 5 years;
(vii) The teacher performs his/her duties specified under section 24(1) of the Act and
(viii) The teachers shall not engage himself or herself for private teaching activities.
(8) The School shall follow the syllabus on the basis of curriculum laid down by the appropriate authority.
(9) The School shall enroll students proportionate to the facilities available in the school as prescribed in the section 19 of the Act.
(10) The School shall maintain the standards and norms of the school as specified in section 19 of the Act. The facilities reported at the time of last inspection are as given under:-
(a) Area of school campus Total built up area
(b) Area of play ground
(c) No. of class rooms
(d) Room for Headmaster-cum-Office-cum-Storeroom
(e) Separate toilet for boys and girls
(f) Drinking Water Facility
(g) Kitchen for cooking Mid Day Meal
(h) Barrier free Access
(i) Availability of Teaching Learning Material/Play Sports Equipments/Library
(11) No unrecognized classes shall run within the premises of the school or outside in the same name of school.
(12) The school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for political or non-educational activity of any kind whatsoever;
(13) The School is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force;
(14) The School is not run for profit to any individual, group or association of individuals or any other persons;
(15) The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Elementary Education Officer every year.
(16) The recognition Code Number allotted to your school is This may please be noted and quoted for any correspondence with this office.
(17) The school furnishes such reports and information as may be required by the Rajiv Vidya Mission/ District Education Officer from time to time and complies with such instructions of the State Government! Local Authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school;
(18) Renewal of Registration of Society if any, be ensured.
(19) Other conditions as per Annexure 'III' enclosed.
(20) The recognition shall be subject to renewal under section 19 of the Act if the school fulfills the norms specified under section 25 of the Act .
Yours faithfully,District Educational Officer
Form 4
Provisional Certificate Of Recognition
See sub-rule (2) of rule 15 of Andhra Pradesh Right of Children to Free and Compulsory Education Rules 2010.
E-Mail:
Phone:
Fax:
Office Of District Education Officer
District
Andhra Pradesh
| | |
| --- | --- |
|
No.
|
Dated:
|
The Manager,
Name of the school
Sub: Recognition Certificate for the School under sub -rule (6) of Rule 12 of Right of Children to Free and Compulsory Education Rules, 2009 for the purpose of Section 18 of Right of Children to Free and Compulsory Education Act, 2009.
Dear Sir/Madam,
With reference to your application dated and subsequent correspondence with the school/inspection in this regard, I convey the grant for provisional recognition to the \_\_\_\_ (name of the school with address) for Class \_\_ to Class \_\_ for a period of three years w.e.f.------------ to 31th March .2013.
The above sanction is subject to fulfillment of following conditions:-
(1) The grant for recognition is not extendable and does not in any way imply any obligation to recognize/affiliate beyond Class VIII.
(2) The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 (Annexure I) and the Right of Children to Free and Compulsory Education Rules, 2009 (Annexure II).
(3) The School shall admit in class I, to the extent of --------% of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. Provided, further that in case of pre primary classes also, this norm shall be followed.
(4) For the children referred to in paragraph 3, the School shall be reimbursed as per Section 12(2) of the Act. To receive such reimbursements school shall provide a separate bank account.
(5) The Society/School shall not collect any capitation fee and subject the child or his or her parents or guardians to any screening procedure.
(6) The School shall not deny admission to any child
(a) for lack of age proof if such admission is sought subsequent to the extended provided prescribed for admission.
(b) on the ground of religion, caste or race, place of birth or any of them.
(7) The School shall ensure:
(i) No child admitted shall be held back in any class or expelled from school till the completion of elementary education in a school;
(ii) No child shall be subjected to physical punishment or mental harassment;
(iii) No child is required to pass any board examination till the completion of elementary education;
(iv) Every child completing elementary education shall be awarded a certificate as laid down under Rule 23
(v) Inclusion of students with disabilities/special needs as per provision of the Act
(vi) The teachers are recruited with minimum qualifications as laid under section 23( I) of the Act. Provided further that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications with in a period of 5 years;
(vii) The teacher performs its duties specified under section 24(1) of the Act and
(viii) The teachers shall not engage himself or herself for private teaching activities.
(8) The School shall follow the syllabus on the basis of curriculum laid down by the appropriate authority.
(9) The School shall enroll students proportionate to the facilities available in the school as prescribed in the section 19 of the Act.
(10) The School shall maintain the standards and norms of the school as specified in section 19 of the Act. The facilities reported at the time of last inspection are as given under:-
(a) Area of school campus Total built up area Area of play ground No. of class rooms
(b) Room for Headmaster-cum-Office-cum-Storeroom Separate toilet for boys and girls
(c) Drinking Water Facility
(d) Kitchen for cooking Mid Day Meal Barrier free Access
(e) Availability of Teaching Learning Material/Play Sports Equipments Library
(11) No unrecognized classes shall run within the premises of the school or outside in the same name of school.
(12) The school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for political or non-educational activity of any kind whatsoever;
(13) The School is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force;
(14) The School is not run for profit to any individual, group or association of individuals or any other persons;
(15) The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Elementary Education Officer every year.
(16) The recognition Code Number allotted to your school is . This may please be noted and quoted for any correspondence with this office.
(17) The school furnishes such reports and information as may be required by the Rajiv Vidya Mission / District Educational Officer from time to time and complies with such instructions of the State Government! Local Authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school;
(18) Renewal of Registration of Society if any, be ensured.
(19) Other conditions as per Annexure 'III' enclosed.
(20) The recognition shall be subject to renewal under section 18 and section 19 of the Act.
Yours faithfully,District Educational Officer
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
[Substituted by Notification No. G.O.Ms. 41, dated 19.6.2013 (w.e.f. 3.3.2011).]
|
65b93e9eab84c7eca86e8b5c | acts |
State of Odisha - Act
-----------------------
The Orissa Industrial Employment (Standing Orders) Rules, 1946
----------------------------------------------------------------
ODISHA
India
The Orissa Industrial Employment (Standing Orders) Rules, 1946
================================================================
Rule THE-ORISSA-INDUSTRIAL-EMPLOYMENT-STANDING-ORDERS-RULES-1946 of 1946
--------------------------------------------------------------------------
* Published on 27 May 1947
* Commenced on 27 May 1947
The Orissa Industrial Employment (Standing Orders) Rules, 1946
Published vide Notification No. 2214-IIIL-132/46-Com., dated 27-5-1947, Orissa Gazette Part-3/1947
No. 2214-IIIL-132/46-Com., dated 27-5-1947. - In exercise of the powers conferred by Section 15 read with Clause (b) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946 (XX of 1946), the Governor of Orissa is pleased to make the following rules, the same having been previously published as required by Subsection (1) of the said Act, namely :
### 1. (1) These rules may be called the Orissa Industrial Employment (Standing Orders) Rules, 1946.
(2) They shall apply to industrial establishments under the control of the Provincial Government.
### 2. In these rules unless there is anything repugnant in the subject or context-
(a) "Act" means the Industrial Employment (Standing Orders) Act, 1946;
(b) "Form" means a form set out in the Schedule II appended to these rules.
### 3. The model Standing Orders for the purposes of the Act shall be those set out in Schedule I [and Schedule-A]
[Inserted vide Orissa Gazette Extraordinary No. 1179/2-9-1986.]
appended to these rules.
### 4. An application for certification of Standing Orders shall be made in Form I.
### 5. The prescribed particulars of workmen, for the purposes of Subsection (3) of Section 3 of the Act shall be-
(1) Total number employed;
(2) Number of permanent workmen;
(3) Number of temporary workmen;
(3-A) Number of casual workmen;
(4) Number of badlis or substitutes;
[4-A Number of fixed term employment workmen.]
[Inserted vide O.G.E. No. 891 dated 16.5.2007.]
(5) Number of probationers;
(6) Number of apprentices;
(7) Name of the trade union or trade unions, if any, to which the workmen belong;
(8) Remarks.
### 6. As soon as may be after he receives an application under Rule 4 in respect of industrial establishment the certifying officer shall-
(a) where there is a trade union of the workmen, forward a copy of the draft Standing Orders to the trade union together with a notice in Form II;
(b) where there is no such trade union, hold election of three representatives by the workmen from among themselves or authorise any officer in working to hold such election, and thereupon shall forward a copy of the draft Standing Orders together with a notice in Form II to the representatives so elected.
### 7. Standing Orders certified in pursuance of Sub-section (3) of Section 5 or Sub-section (2) of Section 6 of the Act shall be authenticated by the signature and seal of office of the certifying officer or the appellate authority, as the case may be, and shall be forwarded by such officer or authority within a week of authentication by registered letter posted to the employer and to the trade union, or as the case may be, representatives of the workmen elected in pursuance of Rule 6.
### 7A. [
[Inserted vide Orissa Gazette Part-III/6-12-1963.]
(1) Any person desiring to prefer an appeal in pursuance of Sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quadruplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be.
(2) The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments, or modification as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3) Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof to be given :
(a) where the appeal is filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions, to the representatives of workmen elected under Clause (b) of Rule 6, or as the case may be, to the employer;
(b) where the appeal is filed by a trade union, to the employer and all other trade unions of workmen of the industrial establishment;
(c) where the appeal is filed by the representatives of the workmen, to the employer and any other workmen whom the appellate authority joins as a party to the appeal.
(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5) The appellate authority may at any stage call for any evidence, it considers necessary for the disposal of the appeal.
(6) On the date fixed under Sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.]
### 8. The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properly bound and the certifying officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying therefor on payment of a fee calculated at the following rate per copy :
(i) for the first 200 words or less, 75 paise;
(ii) for every additional 100 words or fraction thereof 37 paise :
Provided that where the said Standing Orders exceed five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words, to the nearest hundred, for the purpose of assessing the copying fee.
I
---
[Model Standing Orders for Workmen]
[Substituted vide Orissa Gazette Extraordinary No. 1179/2-9-1986.]
### 1. These orders shall come into force on......... ###
2. Classification of workmen. - (a) Workmen shall be classified as :
(1) permanent;
(2) probationers;
(3) bodlis:
[3-A fixed term employment;]
[Inserted vide O.G.E. No. 891 dated 16.5.2007.]
(4) temporary;
(5) casual;
(6) apprentices.
(b) A "permanent" workman is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike, (not being an illegal strike) or involuntary closure of the establishment.
(c) A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed six months' service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his own permanent post.
(d) A "badli" is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A "temporary" workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A "casual" workman is a workman whose employment is of a casual nature.
(g) An "apprentice" is a learner who is paid an allowance during the period of his training.
(h) [ "A fixed term employment" workman is a workman who has been engaged on the basis of contract of employment for a fixed period whose working hours, wages, allowances and other benefits shall not be less than that of a permanent workman and shall be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.]
[Inserted vide O.G.E. No. 891 dated 16.5.2007.]
### 3. Tickets - (1) Every workman shall be given a permanent ticket unless he is a probationer, badli, temporary worker or apprentice. (2)
Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so, show it to any person authorised by the manager to inspect it.
(3) Every badli shall be provided with a badli card, on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4) Every temporary workman shall be provided with a "temporary" ticket which he shall surrender on his discharge.
(5) Every casual worker shall be provided with a "casual" card on which shall be entered the days on which he has worked in the establishment.
(6) Every apprentice shall be provided with an "apprentice" card, which shall be surrendered if he obtains permanent employment.
### 4. Publication of working time - The periods and hours of work for all classes of workers in each shift shall be exhibited in English and in the principal languages of workmen employed in the establishment on notice boards maintained at or near the main entrance of the establishment and at the time-keeper's office, if any. ###
5. Publication of holidays and pay days - Notices specifying (a) the days observed by the establishment as holidays; and (b) pay days shall be posted on the said notice boards.
### 6. Publication of wage rates - Notices specifying the rates of wages payable to all classes of workman and for all classes of work shall be displayed on the said notice boards. ###
7. Shift working - More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to transfer from one shift to another. No shift working shall be discontinued without one month's notice being given prior to such discontinuance ; provided that no such notice will be necessary if, as a result of the shift, no permanent employee will be discharged. If as a result of discontinuance of shift working, any permanent workmen are to be discharged, they shall be discharged, having regard to the length of their service in the establishment, those with the shortest term of service being discharged first. If shift working is re-started, a week's notice thereof shall be given by posting a notice at the main entrance to the establishment and the timekeeper's office, if any ; and the workmen discharged as a result of the discontinuance of the shift, shall, if they present themselves at the time of the re-starting of the shift, have preference in being re-employed, having regard to the length of their previous service under the establishment, those with the longest term of service being re-employed first.
[7-A. Notice of change in shift working
[Inserted vide Orissa Gazette Part-III/17-3-1961.]
- Any notice of discontinuance or of re-starting of a shift working required by Standing Order 7 shall be in the Form appended to these orders and shall be served in the following manner, namely :
The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the manager's office:
Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the Secretary of such union.]
### 8. Attendance and late coming - All workmen shall be at work at the establishment at the times fixed and notified under paragraph 4. Workmen attending late will be liable to the deductions provided for in the Payment of Wages Act, 1936 : Provided that no worker who attends to his work within five minutes of its commencement will be liable to any deductions.
### 9. Leave - (1) Holidays with pay will be allowed as provided for in Chapter IV-A of the Factories Act, 1934 and other holidays in accordance with law, contract, custom and usage.
(2) A workman who desires to obtain leave of absence shall apply to the manager, who shall issue orders on the application within a week of its submission or two days prior to commencement of the leave applied for, whichever is earlier ; provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefor shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the manager in advance by the registered post who shall send a written reply either granting or refusing the extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.
(3) If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave; and (b) explains to the satisfaction of the manager his inability to return be ore the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli, list.
### 10. Casual leave - A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
### 11. Payment of wages - (1) Any wages, due to the workman but not paid on usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice boards as aforesaid.
(2) All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
### 12. Stoppage of work - (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control stop any section or sections of the establishment, wholly or partially, for any period or periods without notice.
(2) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the departments concerned, or at the office of the manager, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given of resumption of normal work.
(3) In cases where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4) The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time-keeper's office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
### 13. Termination of employment - (1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer or the workmen one month's notice in the case of monthly rated workmen and two weeks' notice in the case of other workmen ; one month's or two weeks' pay, as the case may be, may be paid in lieu of notice.
(2) [ Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947), no temporary workman whether monthly-rated or weekly-rated or piece rated, and no probationer or badli or fixed term employment workman as a result of non-renewal of contract of employment or on its expiry, shall be entitled to any notice or pay in lieu thereof if his services are terminated but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed.]
[Inserted vide O.G.E. No. 891 dated 16.5.2007.]
(3) Where the employment of any workman is terminated the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
### 14. Disciplinary action for misconduct - (1) A workman may be fined up to two per cent of his wages in a month for any of the following acts and omission, namely :
Note - Specify the acts and omissions which the employer may notify with the previous approval of the Provincial Government of the prescribed authority in pursuance of the Payment of Wages Act, 1936.
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct:
(a) wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;
(b) theft, fraud, or dishonesty in connection with the employer's business or property;
(c) wilful damage to or loss of employer's goods or property;
(d) taking or giving bribes or any illegal gratification;
(e) habitual absence without leave or absence without leave tor more than 10 days;
(f) habitual late attendance;
(g) habitual breach of and law applicable to the establishment;
(h) riotous or disorderly behaviour during working hours of the establishment or any act subversive of discipline;
(i) habitual negligence or neglect of work;
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month; and
(k) striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.
(4) (a)
Where a disciplinary proceeding against workman is contemplated or is pending or when criminal proceedings against him in respect of any employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing, suspend him with effect from such date setting out in detail the reasons for such suspension and a copy shall be supplied to the workman, within a week from the date of suspension.
(b) A workman who is placed under suspension under Clause (a) shall, during the period of suspension, be paid a subsistence allowance at the following rates, namely :
(i) where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension be equal to one half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he was on leave with wages. If the departmental enquiry gets prolonged and the working continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall, for such period, be equal to three-fourths of such basic wages, dearness allowance and other compensatory allowances :
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-forth of such basic wages, dearness allowance and other compensatory allowances;
(ii) where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three-fourths of such wages :
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days, be reduced to one-fourth of such wages.
(c) If on the conclusion of the inquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass order accordingly:
Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period and the subsistence allowance already paid to him shall not be recovered :
Provided further that where the period between the date on which the workman was suspended from duty pending the investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that in the case of a workman to whom the provisions of Clause (2) of Article 311 of the Constitution apply, the provisions of that Article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.
(5) In awarding punishment under the standing order, the manager shall take into account the gravity of the misconduct, the previous, record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the manager shall be supplied to the workman concerned.
### 15. Complaints - All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
### 16. Certificate on termination of service - Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
### 17. Liability of manager - The manager of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
### 18. Exhibition of standing orders - A copy of these orders in English and in shall be posted at the manager's office and on a notice board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
Form
[See Standing Order 7-A]
Notice of discontinuance/re-starting of a shift working given by an employer.......
Name of employer............
Address...........
Dated the day of...........20.......
In accordance with Standing Order No...........of the Standing Orders certified and approved in respect of my/our industrial establishment I/we hereby give notice to all concerned that it is my/our intention to discontinue/re-start the shift working specified in the Annexure, with effect from.....
Signature
Designation
Annexure
(Here specify the particulars of change in the shift working proposed to be effected).
I-A
-----
Model Standing Orders for Working Journalists
### 1. Commencement - These orders shall come into force on........... ###
2. Classification of working journalists - Working journalists shall be classified as :
### 1. Apprentices; ###
2. Part-time;
### 3. Permanent; ###
4. Probationers;
### 5. Temporary. ###
3. Definitions - In these Standing Orders-
(a) an "apprentice working journalist" means a learner who is either paid or not paid any allowance during the period of his training, which shall not exceed one year;
(b) a "part-time working journalist" means a working journalist who is employed to do work as a working journalist for less than the normal period of working hours of a newspaper establishment;
(c) a "permanent working journalist" means a working journalist who has been engaged on a permanent basis or whose appointment has been confirmed in writing by the manager or any other officer authorized by the manager in that behalf and includes any person who has completed to the satisfaction of the manager, a probationary period of six months in aggregate or such extended time as may be given to him by the manager to show improvement, in the same newspaper establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the newspaper establishment ;
(d) a "probationer" means a working journalist who is provisionally employed to fill a permanent vacancy or a post and who has not completed six months of service in aggregate or such extended period, not exceeding six months, as the manager, in consultation with the editor, may fix with a view to giving him a change to show improvement, in the same newspaper establishment :
Provided that where a permanent working journalist who is employed as a probationer in a post different from his substantive post is, at any time during the probationary period, reverted to his old permanent post by an order in writing signed by the manager, he shall cease to be a probationer in that new post ;
Explanation - The expression "probationary period" shall, for the purposes of the proviso include breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment;
(e) a temporary working journalist" means a working Journalist who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period and who is engaged strictly on that understanding in writing.
### 4. Appointment letter - Every working journalist shall be given an appointment letter at the time of his appointment. On a working journalist being promoted he shall be given a letter setting out the terms of the post to which he has been promoted. ###
5. Leave record - Every newspaper establishment shall maintain a book which shall show the amount of leave earned, the amount of leave taken and the amount of leave due to each working journalist. The leave record may be seen by the working journalist concerned when necessary.
### 6. Attendance register - Every newspaper establishment shall maintain a daily attendance register which shall be signed by each working journalist in the manner indicated in the Standing Order No. 10. ###
7. Service register - Every newspaper establishment shall maintain a Service Register in respect of each working journalist and enter therein the nature of his appointment, his name and address, the date of his first appointment, the rate of his wages, the amount of increment earned, whether the increments have been withheld and if so the reasons for withholding increments, punishments, if any, awarded with reasons, number of warnings, if any issued, number of times censured, and such other matters as may be prescribed by the management.
### 8. Publication of working time - The periods/hours of work and the place of work for all classes of working journalist shall be exhibited in English, in Hindi and in the regional language on the notice boards (hereinafter referred to as the said notice boards) maintained at the newspaper establishment. ###
9. Publication of holidays and pay days - Notices specifying-
(a) the days which shall be observed by the newspaper establishment as holidays (including weekly holidays); and
(b) payday, shall be posted on the said notice boards.
### 10. Attendance and late coming - (1) All working journalists shall be at work at the place and time published under Standing Order No. 8. (2)
All working journalists shall sign everyday the attendance register and shall state therein time of their arrival at, and departure from, the newspaper establishments. If any working journalist comes late by over ten minutes on three consecutive days in a week, the employer may deduct one day's casual leave from the working journalist's casual leave account:
Provided that any working journalist may with the permission of the Head of Department or the Editor or any other authority appointed for this purpose, absent himself from his proper place of duty during his working hours. No late attendance shall be permitted after recess or rest interval.
### 11. Payment of wages - (1) All working journalists shall be paid wages on a working day before the expiry of the seventh day after the last day of the wage period (which shall not exceed one month) in respect of which the wages are payable. (2)
Any wages due to the working journalists but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the said notice boards as aforesaid.
### 12. Stoppage of work - The Manager may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemic, civil commotion or any cause beyond his control, close down any department or departments or a section or sections of a department or departments of the newspaper establishment wholly or partially (or the whole or part of the newspaper establishment for any period or periods in accordance with the law for the time being in force. Wherever practicable, reasonable notice shall be given of the resumption of the normal work by the department or section of the newspaper establishment concerned. ###
13. Termination of employment - (1) The services of a working journalist shall not be terminated as a punishment unless the procedure laid down in the Standing Order No. 15 has been followed.
(2) An order relating to termination of service of a working journalist shall be in writing and it shall be signed by the appointing authority or by an official of the newspaper establishment authorised in this behalf by the appointing authority. The reasons for the termination of the services shall be given in the order, a copy of which shall be supplied to working journalist concerned.
(3) Where the employment of any working journalist is terminated, the wages earned by him and the other dues, if any, should be paid to him before the expiry of a fortnight in the case of wages, and six weeks in the case of other dues, from the day on which his employment is terminated.
### 14. Act of misconduct - Any of the following acts or omissions on the part of a working journalist shall amount to misconduct, namely : (a) wilful insubordination or disobedience whether alone or in combination with others to any lawful and reasonable order of a superior;
(b) striking work or inciting others to strike work in contravention of the provisions of any law, rule having the force of law, or deliberate showing down in performance;
(c) theft, fraud or dishonesty in connection with the employer's business or property;
(d) taking or giving bribe or any other illegal gratification;
(e) habitual absence from duty without leave or absence from duty without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper satisfactory explanation;
(f) habitual late attendance;
(g) habitual breach of any Standing Order or any Act applicable to the establishment or any rules made under such Act;
(h) riotous or disorderly behaviour during working hours at the newspaper' establishment or any act subversive of discipline;
(i) habitual negligence or neglect of work;
(j) habitual breach of any rules or instructions issued for the maintenance and running of any department with which he is concerned ;
(k) wilful damage to work in process or to any property of the newspaper establishment;
(l) refusal to accept a charge-sheet, order or other communication served in accordance with those standing orders.
### 15. Disciplinary action against a working journalist - (1) The following penalties may be imposed on a working journalist by an authority or authorities to be nominated by the newspaper establishment in this behalf, for proved or gross inefficiency or gross negligence or any misconduct specified in Standing Order No. 14, namely ; (a)
Warning;
(b) censure;
(c) suspension not exceeding ten days;
(d) withholding of increments;
(e) withholding of promotion;
(f) demotion (reduction to a lower rank) ; and
(g) termination of service :
Provided that the penalty of termination of service shall not be imposed on any working journalist other than the editor except after consultation with the editor or the head of the section concerned.
(2) No disciplinary action shall be taken against any working journalist unless he has been given a copy of the charge levelled against him and unless he has been given opportunity of showing cause and of defending himself either personally or through a co-worker of his choice or through an official of a trade union of working journalists of which he is a member as to why the proposed penalty should not be imposed on him. The working journalist concerned shall have the right to be heard in person and to examine witnesses and to produce evidence.
(3) No penalty shall be imposed on a working journalist unless he is informed in writing of the reasons for awarding the proposed penalty and is given a reasonable opportunity of showing cause, either himself personally or through a co-worker of his choice or through an official of a trade union of working journalists of which he is a member as to why the proposed penalty should not be imposed on him.
(4) (a)
A working journalist may be suspended by the appointing authority or by any person authorised by him in this behalf, during the period of an enquiry against the working journalist ; provided that the working journalist shall be paid during such period of suspension, a subsistence allowance which shall not be less than one-half of the wage which had been last drawn by him while on duty.
Explanation - For the purposes of this Standing Order, "wage" means as defined in the Industrial Disputes Act, 1947.
(b) An order of suspension shall be in writing and may take effect immediately on delivery thereof to the working journalist.
(c) If a working journalist refuses to accept a charge-sheet, order or other communication served in accordance with these Standing Orders, provided that he has been asked to accept the charge-sheet in the presence of at least two witnesses, he shall be told verbally the time and place at which enquiry into his alleged misconduct is to be held and if he refuses or fails to attend at that time, the enquiry shall be conducted ex parte and the punishment awarded shall take account of misconduct under Standing Order No. 14 thus committed :
Provided that the service of charge-sheet and intimation of time and place of enquiry shall also be made to the working journalist concerned by registered post with acknowledgement due.
(d) If on enquiry the charges against the working journalist, who was under suspension during the period of the enquiry, are not proved, he shall be deemed to have been on duty during the period of suspension and shall be entitled to receive the wages and other allowances which he would have received, if he had not been suspended.
(5) In awarding a penalty under these Standing Orders, the authority shall take into account the gravity of offence, the previous record, if any, of the working journalist and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the punishing authority as well as the remarks made by the editor, if any, shall be supplied to the working journalist concerned.
### 16. Complaints - Any working journalist desirous of getting redress in respect of any grievances arising out of his employment or relating to unfair treatment or wrongful exaction on the part of the superior shall submit a complaint in writing to the manager or any officer appointed in this behalf. An appeal against the order of the manager shall lie to the employer in cases where the manager is not the employer. ###
17. Certificate of termination of service - Every working journalist shall be entitled to a service certificate at the time of his termination of service.
### 18. Liability of manager - The manager of the newspaper establishment shall be personally held responsible for the proper and faithful observance of the Standing Orders ; provided that where the manager is overruled by his superior, the latter shall be held responsible for the decision taken. ###
19.
Supply of standing orders - Every working journalist shall be supplied free of cost with a copy of the certified Standing Orders applicable to him at the time of his employment or as soon as possible after the date they come into operation but in any case not later than three months from such date.
II
----
Form I
[Industrial Employment (Standing Orders) Act, 1946-Section 3]
Dated 20............
To
The Certifying Officer, Government of Orissa.
Under the provisions of Section 3 of the Industrial Employment (Standing Orders) Act, 1946, I enclose five copies of the draft standing orders proposed by me for adoption in (name) place (postal address) an industrial establishment owned/controlled by me, with the request that these orders may be certified under the terms of the Act, I also enclose a statement giving the particulars prescribed in Rule 5 of the Orissa Industrial Employment (Standing Orders) Rules, 1946.
I am, etc.,
(Signature) Employer/Manager
Form II
[Notice under Section 5 of the Industrial Employment (Standing Orders) Act, 1946]
Office of the Certifying Officer
Place ........................................
Dated the 20...........
I ............ Certifying Officer, forward herewith a copy of the draft standing orders proposed by the employer for adoption in the industrial establishment and submitted to me for certification under the Industrial Employment (Standing Orders) Act, 1946. Any objections which the workmen may desire to make to the draft standing orders should be submitted to me within fifteen days from the receipt of the notice.
Certifying Officer
Seal
To
| | | |
| --- | --- | --- |
|
The Secretary,Representative electedunder Rule 6
|
}
|
Union
NameOccupationIndustrial establishment
|
Form III
[Industrial Employment (Standing Orders) Act, 1946-Section 8]
Part-I Register
Industrial Establishment..............
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Date of despatch of the copy of Standing Orders
authenticated under Section 5 of the first time
|
Date of filing appeal
|
Date and nature of decision
|
Amendments made on appeal, if any
|
Date of the despatch of the copy of the Standing
Orders as settled on appeal
|
Anu notice subsequently given or received of any
amendment
|
Result
|
|
|
|
|
|
|
|
|
|
Part-II (should contain the authenticated copy of the Standing Orders)
Appendix-A
Notifications
Government of Orissa, Labour, Employment and Housing Department
Notification No. 111/1-3/69-1437/LEH, dated 12-3-1970 - In exercise of the powers conferred by Clause 2 (c) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint the Deputy Labour Commissioner, Rourkela to perform all the functions of a certifying officer in respect of the industrial establishments in the districts of Keonjhar, Mayurbhanj, and Sundergarh under the said Act.
Secretary to Government
Government of Orissa, Labour Department
Notification No. 111/1-1/64-9498/Lab., dated 1-9-1964 - In exercise of the powers conferred by Clause (c) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint the Deputy Labour Commissioner, Orissa to perform all the functions of a Certifying Officer under the said Act.
Additional Secretary to Government
Government of Orissa, Labour Department
Notification No. 3480 Lab., IF-6/54, dated 24-6-1954 - In partial modification of the Notification of the Government of Orissa in the late Commerce and Labour Department No. 9434 Corn., dated the 18th December, 1946 and in pursuance of Clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) the Governor of Orissa is pleased to appoint all the District and Sessions Judges of the State to exercise the functions of the appellate authority under the said Act within their respective jurisdictions.
Deputy Secretary to Government
Government of Orissa, Commerce and Labour Department
Notification No. 1814 Com., dated 21-4-1948 - In exercise of the powers conferred by Section 14 of the Industrial Employment Standing Orders) Act, 1946 (20 of 1946) the Governor of Orissa is pleased to direct that all industrial establishments in the Province of Orissa under the control of the Provincial Government shall be exempted unconditionally from all the provisions of the said Act.
Secretary to Government
Government of Orissa, Labour Department
Notification No. 11-S 14/63 Lab., dated 9-10-1963 - In exercise of the powers conferred by Section 492 of the Code of Criminal Procedure, 1898 (5 of 1898) the State Government hereby appoint all Labour Inspectors (Central) to be Public Prosecutors within their respective jurisdiction in Orissa for all cases under the Industrial Disputes Act, 1947, the Industrial Employment (Standing Orders) Act, 1946 the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Employment of Children Act, 1938 and the Coal Mines Provident Fund and Bonus Schemes Act, 1948 in relation to matters in respect of which the Central Government is the appropriate Government under the Acts aforesaid.
Joint Secretary to Government
Government of Orissa, Labour Department
Notification No. IF, 17/63/11655 Lab., dated 19-10-1968 - In exercise of the powers conferred by Clause (a) of Section 3 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint the Presiding Officer, Labour Court constituted in the Notification of the Government of Orissa in the Labour Department No. 2138 Lab., dated the 2nd April, 1957 to exercise the functions of the appellate authority under the said Act throughout the State of Orissa.
The Notifications of the Government of Orissa in the Labour Department No. 3480 Lab., dated the 24th June, 1954 and in the defunct Commerce and Labour Department No. 9434 Com., dated the 18th December, 1946 are hereby cancelled.
Joint Secretary to Government
Government of Orissa, Labour Department
Notification No. IF,.83/58-8575/Lab., dated 28-11-1958 - In pursuance of Section 13-A of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby specify the Labour Court constituted under the Industrial Disputes Act, 1947 in the notification of the Government of Orissa in the Labour Department No. 2138-Lab., dated the 2nd April, 1957 for disposal of proceedings under the aforesaid section of the said Act.
Deputy Secretary to Government
|
65b9e21bab84c7eca86ea2cb | acts |
State of Assam - Act
----------------------
The Assam State Electricity Board Engineering Service Regulations, 1973
-------------------------------------------------------------------------
ASSAM
India
The Assam State Electricity Board Engineering Service Regulations, 1973
=========================================================================
Rule THE-ASSAM-STATE-ELECTRICITY-BOARD-ENGINEERING-SERVICE-REGULATIONS-1973 of 1973
-------------------------------------------------------------------------------------
* Published on 9 December 1972
* Commenced on 9 December 1972
The Assam State Electricity Board Engineering Service Regulations, 1973
Last Updated 11th February, 2020
### 1. Short title, commencement and application.
- (i) These Regulations may be called "The Assam State Electricity Board Engineering Service Regulations, 1973".
(ii) These Regulations shall come into force with effect from the date of this notification.
(iii) These Regulations will apply to every member of the service.
### 2. Definitions.
- In these Regulations, unless there is anything repugnant the subject or context,-
(i) "Act" means the Electricity (Supply) Act, 1948.
(ii) "Appointing Authority" means Assam State Electricity Board and/or Chairman of the Board, as the case may be.
(iii) "Board" means the Assam State Electricity Board constituted under Section 5 of the Electricity (Supply) Act, 1948.
(iv) "Chairman" means the Chairman of the Assam State Electricity Board.
(v) "Departmental Committee" means the Committee consisting of three officers of the Board as may be appointed/notified by the appointing authority from time to time.
(vi) "Direct recruitment" means recruitment made otherwise than by promotion to the service, or by transfer of an officer already in the service of any other Board/Government/Government undertaking/ Electrical Undertaking taken over the Board.
(vii) "Government" means any state Government or the Central Government.
(viii) "Junior Engineer" means a Subordinate Engineer Grade I who is at least a Matriculate and who possesses a 3 or 4 years' diploma in Civil/Mechanical/Electrical Engineering from a recognised Institute and who has been designated/appointed as such.
(ix) "Medical Authority" means an authority as may be appointed and/or declared by the Board as such.
(ix) "Selection Committee" means the Selection Committee as may be constituted and notified by the Board from time to time.
(xi) "Service" means the Assam State Electricity Board Engineering Service comprising of Electrical/Mechanical and Civil Engineers.
(xii) "Subordinate Engineer Grade I" means Overseers Grade I, Computers, Draftsman Grade I, Foreman Grade I (Electrical/Mechanical and Civil) and holders of such other posts as may be specified by the Board from time to time.
(xiii) "Waiting list" means the list of candidates recommended by the Selection Committee or the Departmental Committee as the case may be.
(xiv) "He", "him" or "his" includes "she", "her" and "hers" wherever it occurs.
### 3. Constitution of service.
- The service shall consist of two branches viz., Electrical and Civil. All Electrical and Mechanical Engineers will be borne on the Electrical branch and all Civil Engineers will be borne on the Civil branch of the service.
(i) The Electrical branch will have a cadre of its own with the following categories of posts :
Assistant Engineers, Sub-Divisional Officers, Executive Engineers, Superintending Engineers, Additional Chief Engineers, Chief Engineers and such other posts as may be specified by the Board from time to time.
(ii) The Civil branch will have a cadre of its own with the following categories of posts :
Assistant Engineers, Sub-Divisional Officers, Executive Engineers, Superintending Engineers, Additional Chief Engineers, Chief Engineers and such other posts as may be specified by the Board from time to time :
Provided that the Board may fill in such non-cadre posts as may be decided from the members of any of the two cadres aforesaid, as and when the Board considers necessary.
### 4. Cadre.
- (i) The strength of the service in each branch shall be such as may be determined by the Board from time to time :
Provided that the Chairman may leave unfilled or held in abeyance appointments to any vacant post.
The present strength of the cadre in each branch as on 1.1.1973 is shown in Appendix 'A'.
(ii) The members of the service shall not constitute one single cadre. The posts under the two branches will be identified as Electrical/Mechanical or Civil.
### 5. Nationality and domicile.
- (i) No person shall be qualified for appointment to the service unless he is a citizen of India as defined in Articles 5 to 8 of the Constitution of India.
(ii) A candidate in whose case a certificate of eligibility is necessary, may be admitted to an examination or interview conducted by the Board or any other recruiting authority on his furnishing proof that he has applied for a certificate and he may also be appointed provisionally subject to certificate being given to him by the competent authority.
### 6. Recruitment.
- Recruitment to the service shall be made by any of the methods indicated below :
(a) in the case of the post of Assistant Engineer or equivalent rank-
(i) by direct recruitment;
(ii) by promotion from amongst Junior Engineers;
(b) in the case of the post of Executive Engineer and equivalent rank, by promotion from amongst the Assistant Engineers/Sub-Divisional Officers of the Board, possessing the minimum qualifications laid down for Junior Engineers ;
(c) in the case of the post of Superintending Engineer and equivalent rank, by promotion from amongst the Executive Engineers of the Board, possessing the minimum qualifications laid down for direct recruits to the service vide Regulation 8(a) below;
(d) in the case of the post of Additional Chief Engineer and Chief Engineer, by promotion respectively from amongst the Superintending Engineer and Additional Chief Engineers of the Board.
### 7. Age limit.
- A candidate for direct recruitment to the posts of Assistant Engineers shall not be less than 21 years and more than 30 years on or before the 1st day of the year of recruitment.
The maximum age limit will be relaxed as follows for candidate belonging to any of the following categories :
(a) Scheduled castes and Scheduled tribes-by five years.
(b) Political sufferers-as per Government directive issued from time to time.
(c) Post Graduate Degree holders-by three years.
(d) War Service candidates-by actual period of continuous was service in World War II not exceeding five years :
Provided that-
(i) in case of candidate possessing the requisite qualification who are already in the service of Government or any other organisations the upper age limit may be relaxed up to the extent of continuous service rendered by them;
(ii) in exceptional circumstances the appointing authority may condone over age of a candidate to the extent necessary on the merit of each case.
### 8. Qualification for direct recruitment.
- No person shall be appointed to the service by direct recruitment unless he-
(a) holds an Engineering Degree or equivalent qualifications in the respective branches of Engineering viz., Electrical/Mechanical and Civil from any Indian University/Institution or Foreign University/ Institution which has been notified by the Government of Assam as recognised for the purpose of recruitment for a superior post of Engineering Service under the State Government;
(b) produces from the Medical Authority, a certificate of mental and physical fitness in all respects for active outdoor duties;
Note. - Fee to the Medical Authority may be payable by the candidate.
(c) his character and antecedents are such as to qualify him for such service :
Provided that any person who is dismissed or discharged from service of the Government or any other organisation for misconduct or who is convicted of any offence involving moral turpitude shall be disqualified for recruitment.
### 9. Recruitment of Assistant Engineers by promotion.
(a) Junior Engineers who have put in not less than 9 years of continuous service as Subordinate Engineer Grade I and/or Junior Engineer or both under the Board including services under the Government or other autonomous body, if any, will be eligible for promotion to the post of Assistant Engineer, subject to the work and conduct of the candidate having been satisfactory, and further subject to his having passed the departmental examination as may be prescribed, unless exempted by any special or general order :
Provided that 25% of the vacancies in the cadre posts of Assistant Engineers in each branch may be reserved for being filled by this process.
N.B. Nine years' service shall be as on the 1st January of the year of recruitment.
(b) Junior Engineers who are degree-holders and/or who pass Parts A and B of the Associate Membership examination of the Institution of Engineers (India) should be treated as eligible for appointment as Assistant Engineers in each branch in accordance with the procedure laid down for direct recruitment and they shall be treated as direct recruits.
### 10. Procedure for direct recruitment.
(a) For filling posts by direct recruitment the Board shall advertise the posts and invite applications.
(b) Fees. Candidates for direct recruitment shall pay at the time of submitting the application such fees as may be prescribed by the Board from time to time.
(c) All direct recruitment to the service shall be made by the Board after written test or interview or other test and interview of the candidates as may be decided by the Selection Committee constituted by the Board for the purpose.
(d) The selection of candidates. The Selection Committee will prepare a list of candidates approximately twice the number of vacancies for direct recruitment in order of merit. The list of candidates forwarded by the Selection Committee shall be treated as the Waiting List which will remain valid for a period not exceeding 12 months from the date of selection.
(e) Appointments will be made by the appointing authority according to the order of preference given in the merit list received from the Selection Committee (subject to such reservation in favour of candidates belonging to Scheduled castes. Schedule tribes as may be prescribed by the State Government).
(f) The Board, however reserves the right to accept in whole or in part the recommendation of the Selection Committee for the purpose of appointment.
### 11. Liability to serve in the Defence department.
(a) Graduate Engineers appointed by direct recruitment shall be liable to serve a minimum period of 4 years including periods spent on training into the Armed Forces or on work relating to defence efforts anywhere in India or abroad if so required. The liability to serve in the Armed Forces will be limited to the 1st 10 years of service and will not ordinarily apply to Graduate Engineers above 40 years of age. On return from such service, they shall be entitled to such monetary benefit as may be decided by the Government.
Note. - This provision, however, may change as per Rules issued by Government from time to time.
(b) 25% of the permanent vacancies in the Board which are filled up by direct recruitment will be reserved for Graduate Engineers commissioned in the Armed Forces on a temporary basis and released later on; provided such candidates are available in each year of recruitment; otherwise the reserved quota for that year will lapse.
### 12. Appointment by promotion to the rank of Executive Engineer Superintending Engineer/Additional Chief Engineer/Chief Engineer.
(a) Appointment by promotion shall be made on the basis of seniority with due regard to merit and suitability in all respects as may be assessed from the annual confidential reports in respect of the officer concerned.
(b) An officer shall not be eligible for promotion to the rank of Executive Engineer unless he passes such departmental examination as may be prescribed by the Board from time to time. The Board may, however, promote an officer who has not passed the aforesaid examination on a provisional basis subject to the condition that he shall have to pass the said examination within such period as may be stipulated at the time of promotion :
Provided that for exceptional reasons to be recorded in writing an officer may be exempted from passing the said examination.
(c) (i)
Promotion to the post of Executive Engineer and equivalent rank shall be made from the rank of Assistant Engineer :
Provided that an Assistant Engineer who is a direct recruit shall not be eligible for promotion to the rank of Executive Engineer before he has completed at least five years of service as Assistant Engineer;
Provided further that an Assistant Engineer who is a promotee shall not be eligible for consideration for promotion unless he has rendered at least 8 (eight) years of service as Assistant Engineer :
or
### 5. (five) years of service as Assistant Engineer after having obtained a degree in Civil/Mechanical/Electrical Engineering from a recognised Institute or after having passed A.M.I.E. examination (both Parts A and B) of the Institute of Engineers (India), whenever is earlier. (ii)
Promotion to the post of Superintending Engineer and equivalent rank shall be made from the rank of Executive Engineer and rank equivalent thereto from those possessing the minimum qualification as laid down in Rule 8(a) :
Provided that an Officer shall not be eligible for promotion to the rank of Superintending Engineer before he has completed at least five years of service as Executive Engineer or in rank equivalent thereto.
(iii) Promotion to the posts of Additional Chief Engineer and Chief Engineer and equivalent ranks shall be made respectively from the ranks of Superintending Engineers and Additional Chief Engineers and ranks equivalent thereto.
### 13. Probation.
(1) (a)
Officer appointed to the service shall remain on probation for a period of 2 years if appointed by direct recruitment and one year if appointed by promotion.
(b) Officiating service shall be reckoned as a period spent on probation.
(c) Service spent on deputation to a corresponding or a higher post may be allowed by the Board to count towards the period of probation fixed under this regulation.
(d) Period of probation may be extended by the Board for such period as it may deem fit in the case of a member whose (i) work and/or conduct has, in the opinion of the Board, not been satisfactory and/or (ii) who has not been able to pass the departmental examinations as may be prescribed by the Board: Provided that the total period of probation including extension, if any, shall not exceed 5 years in any case.
II. On successful completion of the period of probation or the extended period of probation, as the case may be, a member shall be deemed to have been eligible for confirmation subject to availability of vacancy in the permanent cadre, or if his work and/or conduct has, in the opinion of the Board, not been satisfactory or he has not been able to pass the departmental examination (unless exempted from passing the said examination) the Board may dispense with his services if recruited direct or revert him to his former post if appointed on promotion, as the case may be.
### 14. Resignation.
- A member of the service may, at any time, resign his appointment by giving 3 (three) months notice.
### 15. Seniority.
- The seniority of the members of the service shall be determined as follows :
The seniority inter se of members of the service in a particular class or post namely-Assistant Engineer, Executive Engineer, Superintending Engineer, Additional Chief Engineer and Chief Engineer shall be determined by the date of their joining continuous appointment in that class :
Provided-
(i) that in the case of members appointed by direct recruitment, the order of merit determined by the Selection Committee shall not be disturbed so far as the seniority in the class of post to which direct appointment was made is concerned, if they join their appointment within 30 (thirty) days from the date of issue of the order of appointment. If a candidate is prevented from joining the appointment within this period by circumstances of a public nature and beyond his control, the period may be extended not exceeding three months under the order of the appointing authority;
(ii) further, that when the batch of selection consists of both direct recruits and promotees, the promotees shall come before the direct recruits of the same year;
(iii) further, that the relative seniority of the promotees in their immediate lower cadre shall be maintained;
(iv) that if a member of the service is promoted temporarily to a post earlier than his senior, for reasons other than the inefficiency of the senior person or his ineligibility for promotion, they will rank inter se according to their relative seniority in the class which they were promoted when the senior is promoted subsequently to a higher rank.
### 16. Pay of members of service.
- The members of the service shall be entitled to such scales of pay and allowances as may be authorised by the Board from time to time. The scales of pay at present in force in respect of specified posts are as given in Appendix 'B':
Provided that the competent authority may grant an initial start to any person appointed to the service higher than the minimum pay of scale.
### 17. Leave, pension and other matters.
- In respect of leave, pension and other matters not expressly provided for in these Regulations, the members of the service shall be governed by such regulations as may have been or may hereafter be framed by the Board under Section 79(C) of the Electricity (Supply) Act, 1948.
### 18. Departmental Examinations.
- The members of the service shall be required to pass the departmental examination for Engineers, officers referred to in Regulations 12 and 13, as may be prescribed, including the syllabi for such examinations, by the Board from time to time.
### 19. Liability to transfer.
- Every member of the service shall be liable to serve anywhere in India in the interest of Board's service.
### 20. Superannuation.
- A member of the service shall retire on attaining the superannuation age of 58 (fifty-eight) years ; provided that a member of the service may be re-employed on a temporary basis in an ex-cadre post after retirement if such re- employment is in the interest of Board's work.
### 21. Discipline, penalty and appeal.
- In matters relating to discipline, penalties and appeals, the members of the service shall be governed by such regulations as may have been or may hereafter be framed by the Board under Section 79(C) of the Electricity (Supply) Act, 1948.
### 22. General.
- In all matters not expressly provided in these regulations, the members of the service shall be governed by such regulations as may have been or may hereafter be framed or orders issued by the Board from time to time.
### 23. Power to relax.
- Where the Board is satisfied that the operations of any of these regulations causes undue hardships in any particular case, it may, by order, dispense with or relax the requirement of that regulation to such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner.
### 24. Notwithstanding anything contained herein the Board reserves the right to alter, amend, add to or substitute for any these Rules.
Appendix 'A'
(Referred to in Regulation 4)
Cadre of strength as on 1.1.1973
| | | |
| --- | --- | --- |
|
Name of Posts
|
Electrical Branch
|
Civil Branch
|
|
Permanent
|
Temporary
|
Total
|
Permanent
|
Temporary
|
Total
|
|
Asstt. Engineer Sub-Divisional Officer/ Resident
Engineer/Shift Engineer
|
123
|
110
|
111122
|
57
|
8
|
2045
|
|
Executive Engineer
|
30
|
12
|
42
|
10
|
6
|
16
|
|
Superintending Engineer
|
4
|
5
|
9
|
2
|
2
|
4
|
|
Additional Chief Engineer
|
Nil
|
2
|
2
|
Nil
|
1
|
1
|
|
Chief Engineer
|
1
|
Nil
|
1
|
1
|
Nil
|
1
|
N.B. The post of Chief Engineer (Civil) has been re-designated as Adviser, A.S.E.B.
Appendix 'B'
(Referred to in Regulation 16)
Scales of Pay
| | | |
| --- | --- | --- |
|
|
Pre-revised
|
Revised with effect from 1.1.1973
|
|
1. Asstt. Engineer
|
Rs. 400-30-550-EB-30-670-35-740-EB-35-950
|
Rs. 400-40-460 EB-780-45-960-EB-1050-50-1200 (The three (3) advance increments after completion of 8 years' service
sanctioned in respect of Asstt. Engineers vide Board's Order No.
ASEB (GE) 67/68/20, dated 9.12.1972 are adjusted in the revised
scale and the said order shall stand cancelled in respect of
Asstt. Engineers who opt for this scale.)
|
|
2. Sub-Divisional Officer
|
As above plus special pay of Rs. 50 P.M.
|
As above plus special pay of Rs. 50 P.M. in iieu of a separate
pay scale.
|
|
3. Executive Engineer
|
Rs. 800-50-1000-EB-50-1200
|
Rs. 800-50-1200-EB-60-1440.
|
|
4. Superintending Engineer
|
Rs. 1200-50-1500
|
Rs. 1250-60-1550-EB-75-1775.
|
|
5. Addl. Chief Engineer
|
Rs. 1600-50-1800
|
Rs. 1600-100-2000.
|
|
6. Chief Engineers
|
Rs. 1800-100-2300
|
Rs. 1800-100-2300.
|
|
65ba7dc9ab84c7eca86ebab3 | acts |
Union of India - Act
----------------------
The Industrial Disputes (Central) Rules,1957
----------------------------------------------
UNION OF INDIA
India
The Industrial Disputes (Central) Rules,1957
==============================================
Rule THE-INDUSTRIAL-DISPUTES-CENTRAL-RULES-1957 of 1957
---------------------------------------------------------
* Published on 10 March 1957
* Commenced on 10 March 1957
The Industrial Disputes (Central) Rules,1957
Published vide Notification S.O.R. 770, dated 10-3-1957, published in the Gazette of India, Extraordinary, Part 2, Section 3, pp.1137-59, dated 10-3-1957.
### 13. /622
S.O.R. 770, dated 10th March, 1957. - In exercise of the powers conferred by section 38 of the Industrial Disputes Act, 1947 (
14 of 1947
), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely :-
Preliminary
### 1. Title and application.
(1) These rules may be called The Industrial Disputes (Central) Rules, 1957.
(2) They extend to Union territories in relation to all industrial disputes and to the States in relation only to an industrial dispute concerning-
(a) any industry carried on by or under the authority of the Central Government or by a railway company; or
(b) a banking or an insurance company, a mine, an oilfield, or a major port; or
(c) any such controlled industry as may be specified under section 2(a)(i) of the Act by the Central Government:
[\* \* \*]
[ Proviso omitted by G.S.R. 795, dated 5.6.1972.]
### 2. Interpretation.
- In these rules, unless there is anything repugnant in the subject or context-
(a) "Act "means the Industrial Disputes Act, 1947 (
14 of 1947
);
(b) "Chairman "means the Chairman of a Board or Court or, if the Court consists of one person only, such person;
(c) "Committee "means a Works Committee constituted under sub-section (1) of section 3 of the Act;
(d) "form "means a form in the Schedule to these rules;
(e) "section "means a section of the Act;
(f) in relation to an industrial dispute in a Union territory, for which the appropriate Government is the Central Government, reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory, and reference to the Chief Labour Commissioner (Central), Regional Labour Commissioner (Central) and the [Assistant Labour Commissioner (Central)]
[ Substituted by G.S.R. 1253, dated 3.8.1966,]
shall be construed as reference to the appropriate authority, appointed in that behalf by the Administrator of the territory;
(g) [ with reference to clause (g) of section 2, it is hereby prescribed that-
[ Substituted by G.S.R. 1182, dated 19.10.1959.]
(i) in relation to an industry, not being an industry referred to in sub-clause ii), carried on by or under the authority of a Department of the Central or a State Government, the officer-in-charge of the industrial establishment shall be the "employer "in respect of that establishment; and
(ii) in relation to an industry concerning railways, carried on by or under the authority of a Department of the Central Government,-
(a) in the case of establishment of a Zonal Railway, the General Manager of that Railway shall be the "employer "in respect of regular railway servants other than casual labour;
(b) in the case of an establishment independent of a Zonal Railway, the officer-in-charge of the establishment shall be the "employer "in respect of regular railway servants other than casual labour; and
(c) the District Officer-in-charge or the Divisional Personnel Officer or the Personnel Officer shall be the "employer "in respect of casual labour employed in a Zonal Railway or any other railway establishment independent of a Zonal Railway.]
Part I
--------
Procedure For Reference Of Industrial Disputes To Boards Of Conciliation, Courts Of Enquiry, Labour Courts, Industrial Tribunals Or National Tribunals
### 3. Application.
- An application under sub-section (2) of section 10 for the reference of an industrial dispute to a Board, Court, Labour Court, Tribunal or National Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered post [to the Secretary to the Government of India in the Ministry of Labour and Employment (in triplicate)]
[ Substituted by G.S.R. 811, dated 3.7.1959.]
, the Chief Labour Commissioner (Central) , New Delhi, and the Regional Labour Commissioner (Central), and the Assistant Labour Commissioner (Central) concerned. The application shall be accompanied by a statement setting forth-
(a) the parties to the dispute;
(b) the specific matters in dispute;
(c) the total number of workmen employed in the undertaking affected;
(d) an estimate of the number of workmen affected or likely to be affected by the dispute; and
(e) the efforts made by the parties themselves to adjust the dispute.
### 4. Attestation of application.
- The application and the statement accompanying it shall be signed-
(a) in the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the Corporation;
(b) in the case of workmen, either by the President and Secretary of a trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;
(c) [ in the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf:
[ Inserted by G.S.R. 1959, dated 30.5.1968.]
Provided that such workman is not a member of a different trade union.]
### 5. Notification of appointment of Board, Court, Labour Court, Tribunal or National Tribunal.
- The appointment of a Board, Court, Labour Court, Tribunal or National Tribunal together with the names of persons constituting the Board, Court, Labour Court, Tribunal or National Tribunal shall be notified in the Official Gazette.
### 6. Notice to parties to nominate representatives.
(1) If the Central Government proposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nominate within a reasonable time persons to represent them on the Board.
(2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body.
(3) The notice to the workmen shall be sent-
(a) in the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and
(b) in the case of workmen who are not members of a trade union, to any one of the five representatives of the workmen who have attested the application made under rule 3; and in this case a copy of the notice shall also be sent to the employer who shall display copies thereof on notice-boards in a conspicuous manner at the main entrance to the premises of the establishment.
Part II – Arbitration Agreement
---------------------------------
### 7. Arbitration agreement.
- An arbitration agreement for the reference of an industrial dispute to an arbitrator or arbitrators shall be made in Form C and shall be delivered personally or forwarded by registered post to the Secretary to the Government of India in the Ministry of Labour (in triplicate, the Chief Labour Commissioner (Central) , New Delhi, and the Regional Labour Commissioner (Central) and the Assistant Labour Commissioner (Central) concerned. The agreement shall be accompanied by the consent, in writing, of the arbitrator or arbitrators.
### 8. Attestation of the arbitration agreement.
- The arbitration agreement shall be signed-
(a) in the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate by the agent, manager, or other principal officer of the Corporation;
(b) [ in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;]
[ Substituted by G.S.R. 398, dated 21.3.1959.]
(c) [ in the case of an individual workman, by the workman himself or by any officer of a trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf:
[ Inserted by G.S.R. 1059, dated 30.5.1968.]
Provided that such workman is not a member of a different trade union.]
Explanation .-In this rule, "officer "means any of the following officers, namely:-
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary);
(d) a Joint Secretary;
(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the Union.
[8-A. Notification regarding arbitration agreement by majority of each party.
[ Inserted by G.S.R. 488, dated 16.3.1965.]
- Where an industrial dispute has been referred to arbitration and the Central Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette for the information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.]
Part III – Powers, Procedure And Duties Of Conciliation Officers, Boards, Courts, Labour Courts, Tribunals, National Tribunals And Arbitrators
------------------------------------------------------------------------------------------------------------------------------------------------
### 9. Conciliation proceedings in public utility service.
- [(1) ]
[ R. 9 renumbered as sub-R. (1) by G.S.R. 1220, dated 7.10.1960.]
The Conciliation Officer, on receipt of a notice of a strike or lock-out given under rule 71 or rule 72, shall forthwith arrange to interview both the employer and the workmen concerned with the dispute at such places and at such times as he may deem fit and shall endeavour to bring about a settlement of the dispute in question.
(2) [ Where the Conciliation Officer receives no notice of a strike or lock-out under rule 71 or rule 72 but he considers it necessary to intervene in the dispute he may give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as he may be inserted therein.]
[ Added by G.S.R. 1220, dated 7.10.1960.]
### 10. Conciliation proceedings in non-public utility service.
- Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein.
[10-A. Parties to submit statements.
[ Substituted by G.S.R. 857, dated 22.6.1961.]
- The employer or the party representing workmen ][or in the case of an individual workman, the workman himself]
[ Inserted by G.S.R. 1059, dated 30.5.1968.]
[involved in an industrial dispute shall forward a statement setting forth the specific matters in dispute to the Conciliation Officer concerned whenever his intervention in the dispute is required.]
[ Substituted by G.S.R. 857, dated 22.6.1961.]
[10-B. Proceeding before the Labour Court, Tribunal or National Tribunal.
[ Substituted by G.S.R. 932, dated 18.8.1984.]
(1) While referring an industrial dispute for adjudication to a Labour Court, Tribunal or National Tribunal, the Central Government shall direct the party raising the dispute to file a statement of claim complete with relevant documents, list of reliance and witnesses with the Labour Court, Tribunal or National Tribunal within fifteen days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.
(2) The Labour Court, Tribunal or National Tribunal after ascertaining that copies of statement of claim are furnished to the other side by party raising the dispute shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposite party or parties shall file their written statement together with documents, list of reliance and witnesses within a period of 15 days from the date of first hearing and simultaneously forward a copy thereof to the other party.
(3) Where the Labour Court, Tribunal or National Tribunal, as the case may be, finds that the party raising the dispute though directed did not forward the copy of the statement of claim to the opposite party or parties, it shall give direction to the concerned party to furnish the copy of the statement to the opposite party or parties and for the said purpose or for any other sufficient cause, extend the time-limit for filing the statement under sub-rule (1) or written statement under sub-rule (2) by an additional period of 15 days.
(4) The party raising a dispute may submit a rejoinder if it chooses to do so, to the written statement(s) by the appropriate party or parties within a period of fifteen days from the filing of written statement by the latter.
(5) The Labour Court, Tribunal or National Tribunal, as the case may be, shall fix a date for evidence within one month from the date of receipt of the statements, documents, list of witnesses, etc., which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication.
(6) Evidence shall be recorded either in Court or on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. As the oral examination of each witness proceeds, the Labour Court, Tribunal or National Tribunal shall make a memorandum of the substance of what is being deposed. While recording the evidence the Labour Court, Tribunal or National Tribunal shall follow the procedure laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
(7) On completion of evidence either arguments shall be heard immediately or a date shall be fixed for arguments/oral hearing which shall not be beyond a period of fifteen days from the close of evidence.
(8) The Labour Court, Tribunal or National Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of the parties to the dispute:
Provided that the Labour Court, Tribunal or National Tribunal, as the case may be, for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any case not more than three adjournments at the instance of any one of the parties to the dispute.
(9) In case any party defaults or fails to appear at any stage the Labour Court, Tribunal or National Tribunal, as the case may be, may proceed with the reference ex parte and decide the reference application in the absence of the defaulting party:
Provided that the Labour Court, Tribunal or National Tribunal, as the case may be, may on the application of either party filed before the submission of the award revoke the order that the case shall proceed ex parte , if it is satisfied that the absence of the party was on justifiable grounds.
(10) The Labour Court, Tribunal or National Tribunal, as the case may be, shall submit its award to the Central Government within one month from the date of oral hearing/arguments or within the period mentioned in the order of reference whichever is earlier.
(11) In respect of a reference under section 2-A, the Labour Court, Tribunal or National Tribunal, as the case may be, shall ordinarily submit its awards within a period of three months: Provided that the Labour Court, Tribunal or National Tribunal may, as and when necessary, extend the period of three months and shall record its reasons in writing to extend the time for submission of the award for another specified period. ]
### 11. The Conciliation Officer may hold a meeting of the representatives of both parties jointly or of each party separately.
### 12. The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
### 13. Place and time of hearing. - [Subject to the provisions contained in rules 10-A and 10-B]
[ Inserted by G.S.R. 141, dated 31.12.1957.]
the sittings of a Board, Court, Labour Court, Tribunal or National Tribunal or of an Arbitrator shall be held at such times and places as the Chairman or the Presiding Officer or the Arbitrator, as the case may be, may fix and the Chairman, Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit.
### 14. Quorum for Boards and Courts.
- The quorum necessary to constitute a sitting of a Board or Court shall be as follows-
| | |
| --- | --- |
|
(i) in the case of a Board
|
Quorum
|
|
where the number of members is 3
|
2
|
|
where the number of members is 5
|
3
|
|
(ii) in the case of a Court where the number of members is not more than 2
|
1
|
|
where the number of members is more than 2 but less than 5
|
2
|
|
where the number of members is 5 or more
|
3
|
|
|
|
### 15. Evidence.
- A Board, Court, Labour Court, Tribunal or National Tribunal or an arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and such manner as it/he may think fit.
### 16. Administration of oath.
- Any member of a Board or Court or Presiding Officer of a Labour Court, Tribunal or National Tribunal or an arbitrator may administer an oath.
### 17. Summons.
- Summons issued by a Board, Court, Labour Court, Tribunal or National Tribunal shall be in Form D and may require any person to produce before it any books, papers or other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the Board, Court, Labour Court, Tribunal or National Tribunal which the Board, Court, Tribunal or National Tribunal thinks necessary for the purposes of such investigation or adjudication.
### 18. [ Service of summons or notice.
[ Substituted by G.S.R. 1151, dated 11.10.1974.]
- Subject to the provisions contained in rule 20, any notice, summons, process or order issued by a Board, Court, Labour Court, Tribunal, National Tribunal or an Arbitrator empowered to issue such notice, summons, process or order, may be served either personally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall be sent again under certificate of posting. ]
### 19. Description of parties in certain cases.
- Where in any proceeding before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows-
(i) all such persons as are members of any trade union or association shall be described by the name of such trade union or association; and
(ii) all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator, as the case may be, may determine.
### 20. Manner of service in the case of numerous persons as parties to a dispute.
(1) Where there are numerous persons as parties to any proceedings before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secretary, or where there is no Secretary, on the principal officer, of the trade union or association shall be deemed to be service on such persons.
(2) Where there are numerous persons as parties to any proceedings before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator and such persons are not members of any trade union or association, the Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator, as the case may be, shall, where personal service is not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of establishment concerned. (3) A notice served in the manner specified in sub-rule (2) shall also be considered as sufficient in the case of such workmen as cannot be ascertained and found.
### 21. Procedure at the first sitting.
- At the first sitting of a Board, Court, Labour Court, Tribunal or National Tribunal, the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order as he may think fit to state their case.
### 22. Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed ex parte .
- If without sufficient cause being shown, any party to proceedings before a Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed, as if the party had duly attended or had been represented.
### 23. Power of entry and inspection.
- A Board, or Court, or any member thereof, or a conciliation officer, a Labour Court, Tribunal or National Tribunal, or any person authorised in writing by the Board, Court, Labour Court, Tribunal or National Tribunal in this behalf may, for the purposes of any conciliation, investigation, enquiry or adjudication entrusted to the Conciliation Officer, Board, Court, Labour Court, Tribunal or National Tribunal under the Act, at any time between the hours of sunrise and sunset and in the case of a person authorised in writing by a Board, Court, Labour Court, Tribunal or National Tribunal after he has given reasonable notice enter any building, factory, workshop, or other place or premises whatsoever, and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation, investigation, enquiry or adjudication.
### 24. Power of Boards, Courts, Labour Courts, Tribunals and National Tribunals.
- In addition to the powers conferred by the Act, Boards, Courts, Labour Courts, Tribunals and National Tribunals shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(a) discovery and inspection;
(b) granting adjournment;
(c) reception of evidence taken on affidavit;
and the Board, Court, Labour Court, Tribunal or National Tribunal may summon and examine any person whose evidence appears to it to be material and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the [Code of Criminal Procedure, 1898 (5 of 1898)]
[Now see the Code of Criminal Procedure, 1973 (2 of 1974). ]
.
### 25. Assessors.
- Where assessors are appointed to advise a Tribunal or National Tribunal under sub-section (4) of section 7-A or sub-section (4) of section 7-B or by the Court, Labour Court, Tribunal or National Tribunal under sub-section (5) of section 11, the Court, Labour Court, Tribunal or National Tribunal as the case may be, shall, in relation to proceeding before it, obtain the advice of such assessors, but such advice shall not be binding on it.
### 26. Fees for copies of awards or other documents of Labour Court, Tribunal or National Tribunal.
- [(1) Fees for making a copy of an award or an order of a Labour Court, Tribunal or National Tribunal of any document filed in any proceedings before a Labour Court, Tribunal or National Tribunal shall be charged at the rate of Re. 1 per page.]
[ Substituted by G.S.R. 116, dated 3.2.1987.]
(2) For certifying a copy of any such award or order or document, a fee of Re. 1 shall be payable.
(3) Copying and certifying fees shall be payable in cash in advance.
(4) Where a party applies for immediate delivery of a copy of any such award or order or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.
### 27. Decision by majority.
- All questions arising for decision at any meeting of a Board or Court, save where the Court consists of one person, shall be decided by a majority of the votes of the members thereof (including the Chairman) present at the meeting. In the event of an equality of votes, the Chairman shall also have a casting vote.
### 28. [ Correction of errors.
[ Substituted by G.S.R. 1151, dated 11.10.1974.]
- A Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may at any time correct any clerical mistake or error arising from an accidental slip or omission in any proceedings, report, award or decision either of its or his own motion or on application of any of the parties.]
### 29. Right of representatives.
- The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court, Tribunal or National Tribunal or Arbitrator when an evidence has been called.
### 30. Proceedings before a Board, Court, Labour Court, Tribunal or National Tribunal.
- The proceedings before a Board, Court, Labour Court, Tribunal or National Tribunal shall be held in public: Provided that the Board, Court, Labour Court, Tribunal or National Tribunal may at any stage direct that any witness shall be examined or its proceedings shall be held in camera.
Part IV – Remuneration Of Chairman And Members Of Courts, Presiding Officers Of Labour Courts, Tribunals And National Tribunals, Assessors And Witnesses
----------------------------------------------------------------------------------------------------------------------------------------------------------
### 31. Travelling allowance.
- The Chairman or a member of a Board or Court or the Presiding Officer or an Assessor of a Labour Court, Tribunal or National Tribunal, if a non-official, shall be entitled to draw travelling allowance and halting allowance for any journey performed by him in connection with the performance of his duties, at the rates admissible and subject to the conditions applicable to a Government servant of the first grade under the Supplementary Rules issued by the Central Government from time to time.
### 32. Fees.
- The Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labour Court, Tribunal or National Tribunal wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the Central Government in each case.
### 33. Expenses of witnesses.
- Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court, Tribunal or National Tribunal or an Arbitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in Civil Courts in the State where the investigation, enquiry, adjudication or arbitration is being conducted.
Part V – Notice Of Change
---------------------------
### 34. Notice of change.
- Any employer intending to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule to the Act shall give notice of such intention in Form E.
[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment in the Manager 's Office:
Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the secretary of such union.]
[ Inserted by G.S.R. 402, dated 31.3.1960.]
[\* \* \*]
[ R. 35 omitted by G.S.R. 402, dated 31.3.1960.]
Part VI – Representation Of Parties
-------------------------------------
### 36. Form of authority under section 36.
- The authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in Form F.
### 37. Parties bound by acts of representative.
- A party appearing by a representative shall be bound by the acts of that representative.
Part VII – Works Committee
----------------------------
### 38. Constitution.
- Any employer to whom an order made under sub-section (1) of section 3 relates shall forthwith proceed to constitute a Works Committee in the manner prescribed in this part.
### 39. Number of members.
- The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment:
Provided that the total number of members shall not exceed twenty:
Provided further that the number of representatives of the workmen shall not be less than the number of representatives of the employer.
### 40. Representatives of employer.
- Subject to the provisions of these rules, the representatives of the employer shall be nominated by the employer and shall, as far as possible be officials in direct touch with or associated with the working of the establishment.
### 41. Consultation with trade unions.
(1) Where any workmen of an establishment are members of a registered trade union the employer shall ask the union to inform him in writing-
(a) how many of the workmen are members of the union; and
(b) how their membership is distributed among the sections, shops or departments of the establishment.
(2) Where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may, after informing the union, refer the matter to the Assistant Labour Commissioner (Central) concerned for his decision; and the Assistant Labour Commissioner (Central), after hearing the parties, shall decide the matter and his decision shall be final.
### 42. Group of workmen 's representatives.
- On receipt of the information called for under rule 41, the employer shall provide for the election of workmen 's representative on the Committee in two groups-
(i) those to be elected by the workmen of the establishment who are members of the registered trade union or unions, and
(ii) those to be elected by the workmen of the establishment who are not members of the registered trade union or unions, bearing the same proportion to each other as the union members in the establishment bear to the non-members:
Provided that where more than half the workmen are members of the union or any one of the unions, no such division shall be made:
Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of rule 41 within one month of the date of the notice requiring it to furnish such information such union shall for the purpose of this rule be treated as if it did not exist:
Provided further that where any reference has been made by the employer under sub-rule (2) of rule 41, the election shall be held on receipt of the decision of Assistant Labour Commissioner (Central).
### 43. Electoral constituencies.
- Where under rule 42 the workmen 's representatives are to be elected in two groups, the workmen entitled to vote shall be divided into two electoral constituencies, the one consisting of those who are members of a registered trade union and the other of those who are not:
Provided that the employer may, if he thinks fit, sub-divide the [electoral constituency or constituencies, as the case may be]
[ Substituted by G.S.R. 1253, dated 3.8.1966.]
and direct that workmen shall vote in either by groups, sections, shops or departments.
### 44. Qualifications of candidates for election.
- Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may, if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the Committee: Provided that the service qualification shall not apply to the first election in an [Explanation .-A workman who has put in a continuous service of not less than one year in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.]
[ Added by G.S.R. 1078, dated 4.8.1962.]
### 45. Qualifications for voters.
- All workmen [\* \* \*]
[ Certain words omitted by G.S.R. 1078, dated 4.8.1962.]
who are not less than 18 years of age and who have put in not less than six months '[continuous service in the establishment shall be entitled to vote in the election of the representative of workmen.]
[ Substituted by G.S.R. 1078, dated 4.8.1962.]
[Explanation .-A workman who has put in a continuous service of not less than six months in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.]
[ Added by G.S.R. 1078, dated 4.8.1962.]
### 46. Procedure for election.
(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen 's representatives on the committee.
(2) For holding the election, the employer shall also fix a date which shall not be earlier than three days and later than fifteen days after the closing date for receiving nominations.
(3) The dates so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be affixed on the notice board or given adequate publicity amongst the workmen. The notice shall specify the number of seats to be elected by the groups, sections, shops or departments and the number to be elected by the members of the registered trade union or unions and by the non-members.
(4) A copy of such notice shall be sent to the registered trade union or unions concerned.
### 47. Nomination of candidates for election.
(1) Every nomination shall be made on a nomination paper in Form "G "copies of which shall be supplied by the employer to the workmen requiring them.
(2) Each nomination paper shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group, section, shop or department the candidate seeking election will represent, and shall be delivered to the employer.
### 48. Scrutiny of nomination papers.
(1) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected.
(2) For the purpose of sub-rule (1), a nomination paper shall be held to be not valid if (a) the candidate nominated is ineligible for membership under rule 44, or (b) the requirements of rule 47 have not been complied with:
Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorised nominee for the purpose.
[48-A. Withdrawal of candidates validly nominated.
[ Added by G.S.R. 1078, dated 4.8.1962.]
- Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of the completion of scrutiny of nomination papers.]
### 49. Voting in election.
(1) If the number of candidates who have been validly nominated is equal to the number of seats, the candidates shall be forthwith declared duly elected.
(2) If in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election.
(3) The election shall be held in such manner as may be convenient for each electoral constituency.
(4) The voting shall be conducted by the employer, and if any of the candidates belong to a union such of them as the union may nominate shall be associated with the election.
(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seats to be filled in the constituency:
Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.
### 50. Arrangements for election.
- The employer shall be responsible for all arrangements in connection with the election.
### 51. Officers of the Committee.
(1) The Committee shall have among its office-bearers a Chairman, a Vice-Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year.
(2) [ The Chairman shall be nominated by the employer from amongst the employer 's representatives on the Committee and he shall, as far as possible, be the head of establishment.
(2-A) The Vice-Chairman shall be elected by the members on the Committee representating the workers, from amongst themselves:
Provided that in the event of equality of votes in the election of the Vice-Chairman, the matter shall be decided by draw of a lot.]
[ Substituted by G.S.R. 1078, dated 4.8.1962.]
(3) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the workmen and vice versa :
Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the workmen for two consecutive years:
[Provided that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the workmen and only the representatives of the workmen shall be entitled to vote in such elections.]
[ Inserted by G.S.R. 289, dated 2.3.1982 (w.e.f. 13.3.1982).]
(4) [ In any election under sub-rule (3), in the event of equality of votes, the matter shall be decided by a draw of lot.]
[Inserted by G.S.R. 289, dated 2.3.1982 (w.e.f. 13.3.1982). ]
### 52. Term of office.
- [(1) The term of office of the representatives on the Committee other than a member chosen to fill a casual vacancy shall be two years.]
[ Substituted by G.S.R. 1078, dated 4.8.1962.]
(2) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor.
(3) A member who without obtaining leave from the Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.
### 53. [ Vacancies.
[ Substituted by G.S.R. 1151, dated 11.10.1974.]
- In the event of workmen 's representative ceasing to be a member under sub-rule (3) of rule 52 or ceasing to be employed in the establishment or in the event of his ceasing to represent the trade or vocation he was representing, or resignation or death, his successor shall be elected in accordance with the provisions of this Part from the same category, group, section, shop or department to which the member vacating the seat belonged.]
### 54. Power to co-opt.
- The Committee shall have the right to co-opt in a consultative capacity persons employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.
### 55. Meetings.
(1) The Committee may meet as often as necessary but not less often than once in three months (a quarter).
(2) The Committee shall at its first meeting regulate its own procedure.
### 56. Facilities for meeting, etc.
- [(1) ]
[ Original R. 54 renumbered as sub-R. (1) by G.S.R. 1078, dated 4.8.1962.]
The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of the Committee. The Committee shall ordinarily meet during working hours of the establishment concerned on any working day and the representative of the workmen shall be deemed to be on duty while attending the meeting.
(2) [ The Secretary of the Committee may, with the prior concurrence of the Chairman, put up notice regarding the work of the Committee on the notice board of the establishment.]
[ Added by G.S.R. 1078, dated 4.8.1962.]
### 56A. [ Annual returns.
[Substituted by Notification No. G.S.R. 417 (E) , dated 25.5.2015 (w.e.f. 10.3.1957).]
- Every employer shall on or before the 1st day of February in each year upload annual returns in Form G1 on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year.
(2) Every employer on or before the 1st day of February in each year may file annual returns in the Form G1 to the concerned Authority manually giving information as to the particulars specified in respect of the preceding year.
Provided that during inspection, the inspector/ concerned Authority shall require the production of the accounts, books, register and other documents if the same are maintained in manual form or in electronic form, as the case may be.
Explanation. - For the purpose of this sub-rule, the expression "electronic form" shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (
21 of 2000
).]
### 57. Dissolution of Works Committee.
- The Central Government, or where the power under section 3 has been delegated to any officer or authority under section 39, such officer or authority may, after making such inquiry as it or he may deem fit, dissolve any Works Committee at any time, by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these rules or that not less than two-thirds of the number of representatives of the workmen have, without any reasonable justification, failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function:
Provided that where a Works Committee is dissolved under this rule the employer may, and if so required by the Central Government or, as the case may be, by such officer or authority, shall take steps to re-constitute the Committee in accordance with these rules.
Part VIII – Miscellaneous
---------------------------
### 58. Memorandum of settlement.
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form H.
(2) The settlement shall be signed by-
(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;
(b) [ in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;]
[ Substituted by G.S.R. 284, dated 31.7.1959.]
(c) [ in the case of the workman is an industrial dispute under section 2-A of the Act, by the workman concerned.]
[ Inserted by G.S.R. 908, dated 2.6.1967.]
Explanation .-In this rule "officer "means any of the following officers, namely:-
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary);
(d) a Joint-Secretary;
(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the Union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central) New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.
### 59. Complaints regarding change of conditions of service, etc.
(1) Every complaint under section 33-A of the Act shall be presented in triplicate in Form "I "and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.
(2) Every complaint under sub-rule (1) shall be verified at the foot by the workmen making it or by some other person proved to the satisfaction of the Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(3) The person verifying shall specify, by references to the numbered paragraphs of the complaint, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
### 60. Application under section 33.
(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, under sub-section (1) or sub-section (3) of section 33 shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file alongwith the application as many copies thereof as there are opposite parties.
(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub-section (2) of section 33 shall present an application in Form K in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file alongwith the application as many copies thereof as there are opposite parties.
(3) Every application under sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(4) The person verifying shall specify by reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified.
### 61. Protected workmen.
(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the [30th April]
[ Substituted by G.S.R. 1283 dated 28.5.1969.]
every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union should be recognised as "protected workmen ". Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.
(2) The employer shall, subject to section 33, sub-section (4), recognise such workmen to be "protected workmen "for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workmen recognised as protected workmen [for the period of twelve months from the date of such communication. ]
[ Inserted by G.S.R. 1283 dated 28.5.1969.]
(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognise as protected workmen only such maximum number of workmen:
Provided that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognised protected workmen in individual unions bears roughly the same proportion to one another as the membership figure of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number of protected workmen allotted to it:
Provided further that where the number of protected workmen allotted to a union under this sub-rule, falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer 's letter.
(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of "protected workmen "under this rule, the dispute shall be referred to [any Regional Labour Commissioner (Central) or]
[ Inserted by G.S.R. 289, dated 2.3.1982 (w.e.f. 3.3.1982).]
Assistant Labour Commissioner (Central) concerned, whose decision thereon shall be final.
### 62. [ Application for recovery of dues.
[Substituted by G.S.R. 488, dated 16.3.1965. ]
(1) Where any money is due from an employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A ][/Chapter V-B]
[ Inserted by G.S.R. 1070 dated 23.7.1977.]
, the workman or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due:
Provided that in the case of a person authorised in writing by the workman, or in the case of the death of the workman, the assignee or heir of the deceased workman, the application shall be made in Form K-2.
[(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workman or the group of workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed: ]
[Substituted by G.S.R. 488, dated 16.3.1965. ]
[Provided that in the case of the death of the workman, application shall be made in Form K-4 by the assignee or heir of the deceased workman.]
[ Inserted by G.S.R. 1070 dated 23.7.1977.]
### 63. Appointment of Commissioner.
- Where it is necessary to appoint a Commissioner under sub-section (3) of section 33-C of the Act, the Labour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a Judge of a Civil Court, or as a Stipendiary Magistrate or as a Registrar or Secretary of a Labour Court, or Tribunal constituted under any Provincial Act or State Act or of a Labour Court, Tribunal or National Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.
### 64. Fees for the Commissioner, etc.
(1) The Labour Court shall, after consultation with the parties, estimate the probable duration of the enquiry and fix the amount of the Commissioner 's fees and other incidental expenses and direct the payment thereof, into the nearest treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The Commissioner shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court:
Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit: Provided further that the Labour Court may in its discretion, extend the time for depositing the sum into the treasury.
(2) The Labour Court may, at any time, for reasons to be recorded in writing, vary the amount of the Commissioner 's fees in consultation with the parties.
(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such date as it may consider fit.
(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the sum in the same proportion as that in which it was deposited.
### 65. Time for submission of report.
(1) Every order for the issue of a Commission shall appoint a date, allowing sufficient time, for the Commissioner to submit his report.
(2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Labour Court shall take such grounds into consideration in passing orders on the application:
Provided that the Labour Court may grant extension of time notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time-limit.
### 66. Local investigation.
-In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Labour Court may issue a commission to a person referred to in rule 63 directing him to make such investigation and to report thereon to it.
### 67. Commissioner 's report.
(1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence together with his report in writing signed by him to the Labour Court.
(2) The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute; but the Labour Court or, with the permission of the Labour Court, any of the parties to the industrial dispute may examine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or as to his report, or as to the manner in which he had made the investigation.
(3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner it may direct such further enquiry to be made as it shall think fit.
### 68. Powers of Commissioner.
- Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment-
(a) examine the parties themselves and any witnesses whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;
(b) call for and examine documents and other things relevant to the subject of enquiry;
(c) at any reasonable time enter upon or into any premises mentioned in the order.
### 69. Summoning of witnesses, etc.
(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to the summoning, attendance, examination of witnesses and penalties to be imposed upon witnesses, shall apply to persons required to give evidence or to produce documents before the Commissioner under these rules.
(2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under rule 64, of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in the Civil Courts.
### 70. Representation of parties before the Commissioner.
- The parties to the Industrial Dispute shall appear before the Commissioner, either in person or by any other person who is competent to represent them in the proceedings before the Labour Court.
[70-A. Preservation of records by the National Industrial Tribunals, Industrial Tribunals or Labour Courts.
[ Inserted by G.S.R. 931, dated 15.7.1975.]
(1) The records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts specified in Column 1 of the Table below shall be preserved, for the period specified in the corresponding entry in column 2 thereof, after the proceedings are finally disposed of by such National Tribunals, Industrial Tribunals or Labour Courts.
Table
| | |
| --- | --- |
|
Records
|
Number of years for which the records shall be preserved
|
|
1
|
2
|
|
(i) Orders and judgments of National Industrial Tribunals
|
10 years.
|
|
(ii) Exhibited documents in the above mentioned Tribunals or Court
|
10 years
|
|
(iii) Other papers
|
7 years.
|
(2) Notwithstanding anything contained in sub-rule (1), the records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts, connected with writ petitions, if any, filed in the High Courts or Supreme Court, or connected with appeals by special leave, if any, filed in the Supreme Court shall be preserved at least till the final disposal of such writ petitions or appeal by special leave.]
### 71. Notice of strike.
(1) The notice of strike to be given by workmen in a public utility service shall be in Form L.
(2) On receipt of a notice of a strike under sub-rule (1), the employer shall forthwith initiate the fact to the Conciliation Officer having jurisdiction in the matter.
### 72. Notice of lock-out.
- The notice of lock-out to be given by an employer carrying on a public utility service shall be in Form M. [The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Manager 's Office:
Provided that where a registered trade union exists, a copy of the notice shall also be served on the Secretary of the Union.]
[ Inserted by G.S.R. 1151, dated 8.10.1959.]
### 73. Report of lock-out or strike.
- The notice of lock-out or strike in a public utility service to be submitted by the employer under sub-section (3) of section 22, shall be in Form N.
### 74. Report of notice of strike or lock-out.
- The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of section 22, shall be sent by registered post or given personally to the Assistant Labour Commissioner (Central) appointed for the local area concerned, with copy by registered post to-
(1) The Administrative Department of the Government of India concerned,
(2) The Regional Labour Commissioner (Central) for the Zone,
(3) Chief Labour Commissioner (Central),
(4) Ministry of Labour of the Government of India,
(5) Labour Department of the State Government concerned, and
(6) The District Magistrate concerned.
### 75. Register of settlements.
- The Conciliation Officer shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form O.
[75-A. Notice of lay-off .-(1) [Inserted by G.S.R. 229, dated 22.2.1960. ]
If any workman employed in an industrial establishment as defined in the Explanation below section 25-A not being an industrial establishment referred to in sub-section (1) of that section is laid-off, then, the employer concerned shall give notices of commencement and termination of such lay-off in Form O-1 and O-2 respectively within seven days of such commencement or termination, as the case may be.
[(2) Such notices shall be given by an employer in every case irrespective of whether, in his opinion, the workman laid-off is or is not entitled to compensation under section 25-C.]
[75-B. Application for permission for lay-off under section 25-M.
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
(1) Application for permission to lay-off any workman under sub-section (1), or for permission to continue a lay-off under ][sub-section (2)]
[ Substituted by S.O. 2485, dated 20.5.1985.]
[of section 25-M shall be made in Form O-3 and delivered to the authority specified under sub-section (1) either personally or by registered post acknowledgment due and where the application is sent by registered post the date on which the same is delivered to the said authority shall be deemed to be the date on which the application is made, for the purposes of ]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
[sub-section (5) ]
[ Substituted by S.O. 2485, dated 20.5.1985.]
[of the said section.]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
(2) [ The application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer alongwith the application. ]
[ Substituted by G.S.R. 289, dated 2.3.1982 (w.e.f. 13.3.1982).]
(3) [ The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority, so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in ]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
[sub-section (5) ]
[ Substituted by S.O. 2485, dated 20.5.1985.]
of section 25-M.
[(4) Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement and termination of such lay-off in Forms O-1 and O-2 respectively and where permission to continue a lay-off has been granted by the said authority, the employer shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under sub-rule (1) of rule 75-A, and a notice of termination of such lay-off in Form O-2.
(5) The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 75-A.]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
### 76. Notice of retrenchment.
- If any employer desires to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as "workman "in this rule and in rules 77 and 78), he shall give notice of such retrenchment as in Form P to the Central Government, the Regional Labour Commissioner (Central) and Assistant Labour Commissioner (Central) and the Employment Exchange concerned and such notice shall be served on that Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post in the following manner:-
(a) where notice is given to the workman, notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;
(b) where no notice is given to the workman and he is paid one month 's wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and
(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, at least one month before such date:
Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to the Central Government, the Regional Labour Commissioner (Central) , the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, within 3 days of the agreement.
[76-A. Notice of, and application for permission for, retrenchment.
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
(1) Notice ][or, as the case may be, the application under]
[ Substituted by S.O. 2485, dated 20.5.1985.]
[sub-section (1) of section 25-N for retrenchment shall be served in Form PA and served on the Central Government or such authority as may be specified by that Government under the said clause either personally or by registered post acknowledgment due and where the notice is served by registered post, the date on which the same is delivered to the Central Government or the authority shall be deemed to be the date of service of the notice for the purposes of ]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
[sub-section (4) ]
[<SPAN class=amd1><A TITLE =]
[of the said section.]
[Inserted by G.S.R. 111(E) , dated 5.3.1976. ]
[[(2) ]
[Substituted by G.S.R. 289, dated 2.3.1982 (w.e.f. 13.3.1982). ]
[The notice or, as the case may be, the application, shall be made in triplicate and copies of such notice or, as the case may be, the application shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer alongwith the notice or, as the case may be, the application.]
[Substituted by G.S.R. 289, dated 2.3.1982 (w.e.f. 13.3.1982). ]
(3) [ The employer concerned shall furnish to the Central Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made, under sub-section (1) of section 25-N, such further information as the Central Government or, as the case may be, the authority considers necessary for arriving at a decision on the notice or, as the case may be, the application, as and when called for by such authority so as to enable the Central Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (4) of section 25-N.]
[ Sub-R. (3) as so renumbered is substituted by S.O. 2485, dated 20.5.1985.]
### 76. -B. Notice of closure.
- If an employer intends to close down an undertaking, he shall give notice of such closure in Form Q to the Central Government, the Regional Labour Commissioner (Central) , the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post.
### 76. -C. Notice of, and application for permission for, closure.
(1) Notice under sub-section (1) of section 25-O of intended closure shall be given in Form Q-A and served on the Central Government either personally or by registered post acknowledgment due.
[A copy of such application shall be served simultaneously by registered post on the President or Secretary of registered trade union(s) functioning in the establishment and a notice in this regard shall also be displayed conspicuously by the employer on a notice board at the main entrance to the establishment for the information of all the concerned workmen at the same time when applications are served on the Central Government.]
[ Inserted by S.O. 2485, dated 20.5.1985.]
(2) []
[ Sub-R. (2) shall be omitted and sub-Rr. (3) and (4) renumbered by S.O. 2485, dated 20.5.1985 as sub-Rr. (2) and (3), respectively.]
The notice, or, as the case may be, the application shall be made in triplicate.
(3) []
[ Sub-R. (2) shall be omitted and sub-Rr. (3) and (4) renumbered by S.O. 2485, dated 20.5.1985 as sub-Rr. (2) and (3), respectively.]
The employer concerned shall furnish to the Central Government to whom the notice of intended closure has been given or the application for permission to close down has been made such further information as that Government considers necessary, for arriving at a decision on the notice, or, as the case may be, the application, and calls for from such employer.
### 77. Maintenance of seniority list of workmen.
- The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated to be arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
### 78. Re-employment of retrenched workmen.
(1) At least ten days before the date on which vacancies are to be filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation of those vacancies by registered post to every one of all the retrenched workmen eligible to be considered therefor, to the address given by him at the time of retrenchment or at any time thereafter:
Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the senior-most retrenched workmen in the list referred to in rule 77 the number of such senior-most workmen being double the number of such vacancies:
Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen:
[Provided also that if a retrenched workman, without sufficient cause being shown in writing to the employer, does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion.]
[ Inserted by G.S.R. 40, dated 31.12.1958.]
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment, of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that sub-rule: Provided that the provisions of this sub-rule need not be complied with by the employer in any case where an intimation is sent to every one of the workmen mentioned in the list prepared under rule 77.
### 79. Penalties.
- Any breach of these rules shall be punishable with fine not exceeding fifty rupees.
### 80. Repeal.
- The Industrial Disputes (Central) Rules, 1947, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
Schedule
----------
[Form A
[Substituted by G.S.R. 302, dated 23-4-1958]
]
[See rule 3]
Form Of Application For The Reference Of An Industrial Dispute To A Board Of Conciliation
Court Of Enquiry under Section 10(2) Of The Industrial Disputes Act, 1947.
Labour Court
| |
| --- |
|
TribunalNational Tribunal
|
| |
| --- |
|
Whereas an industrial dispute| is apprehendedexists| between .....................................
|
and ..............................and it is expedient the dispute/investigation and settlement the matters specified in the enclosed statement which are connected with
relevant to the dispute
for dispute, investigation and settlement
| |
| --- |
|
should he referred for| " enquiryadjudication| by
|
a Board of Conciliation
a Court of Enquire
a Labour Court an application is hereby made under sub-section (2) a Tribunal
a National Tribunal
| |
| --- |
|
of section 10 of the industrial Disputes Act, 1947, that the| ""said matterssaid dispute
|
"a Board of Conciliation
| |
| --- |
|
should be referred to a Labour Court| a Court of Enquirya Tribunal
|
a National Tribunal.
This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resolution (copy enclosed) adopted by a majority of the members present at a meeting of the ............................... held on the...........................20...........
A statement giving the particulars required under rule 3 of the Industrial Disputes (Central) Rules, 1957, is attached.
Dated the ........................................
Signature of employer \*\* .....................................
or agent .................................................
or manager ...........................................
or principal officer of the
Corporation ..........................................
Signature of the
President of the trade union \*\*...............................
Secretary of the trade union
or
\*\*Signature of five representatives
duly authorised (vide resolution
enclose ............................................................
\*\*Signature of the workman ...................................................
[or
[Inserted by G.S.R. 1059, dated 30-5-1968.]
\*\*Signature of the workman in
the same establishment duly
authorised (vide authorisation enclosed) ..............................................................]
To
The Secretary to the Government of India,
Ministry of Labour.
Statement required under rule 3 of the Industrial Disputes (Central) Rules, 1957, to accompany the form of application prescribed under sub-section (2) of section 10 of the Industrial Disputes Act, 1947:
(a) Parties to the dispute including the name and address of the establishment or undertaking involved;
(b) Specific matters in dispute;
(c) Total number of workmen employed in the undertaking affected;
(d) Estimated number of workmen affected or likely to be affected by the dispute;
(e) Efforts made by the parties themselves to adjust the dispute.
[Copy to---
(i) The Assistant Labour Commissioner (Central) ................................:[here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned];
(ii) The Regional Labour Commissioner (Central);
(iii) The Chief Labour Commissioner (Central), New Delhi.]
\*\*Delete whichever is not applicable.
Form B
[See rule 6]
Notice To Parties To Nominate Representatives
Whereas an industrial dispute has arisen/is apprehended between ............................ and ....................and it is expedient to refer the said dispute under section 10 of the Industrial Disputes Act, 1947, to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the ............. the name(s) and address(es) of one (two) person(s) whom you wish to recommend for appointment as your representative(s) on the said Board.
If you fail to make the recommendation by the date specified above, the Central Government will select and appoint such person(s) as it thinks fit to represent you.
Secretary to the Government of India,
Ministry of Labour
[Form C]
[Substituted by G.S.R. 1059, dated 30-5-1968.]
[See rule 7]
Agreement
[Under section 10-A of the Industrial Disputes Act-, 1947]
Between
Name of the Parties.-
Representing employers:
Representing workmen/workman:
It is hereby agreed between the parties to refer the following dispute to the arbitration of ................... [here specify the name(s) and address(es) of the arbitrator(s)].
(i) Specific matters in dispute;
(ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved;
(iii) Name of the workman in case he himself is involved in the dispute or the name of the union, if any, representing the workman or workmen in question;
(iv) Total number of workmen employed in the undertaking affected;
(v) Estimated number of workmen affected or likely to be affected by the dispute.
We further agree that the majority decisions of the arbitrator(s) be binding on us/in case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us.
The arbitrator(s) shall make his (their) award within a period of ........................(here specify the period agreed upon by the parties) [from the date of publication of this agreement in the Official Gazette by the appropriate a Government]
[Inserted by G.S.R. 1157, dated 11-10-1974.]
or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.
Signature of the parties
Representing employer
\*\*Workman/Representing workman/workmen
Witnesses :
(1) (2)
Copy to :
(i) The Assistant Labour Commissioner (Central), (here enter office address of the Conciliation Officer in local area concerned).
(ii) The Regional Labour Commissioner (Central) ...............................
(iii) The Chief Labour Commissioner (Central), New Delhi.
(iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi.
\*Where applicable.
\*\*Delete whichever is not applicable.
Form D
[See rule 17]
Summons
Whereas an industrial dispute between ....................................and.....................................has been referred to this Board of Conciliation for investigation and
settlement Court of Enquiry for investigation
Labour Court/National Tribunal
for adjudication
under section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/Tribunal/National Tribunal in person on the .....................day of............at............o'clock in the noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books, papers and other documents and things in your possession or under control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal/National Tribunal.
Date:
| | | |
| --- | --- | --- |
|
|
Chairman/Secretary,
|
Board of Conciliation
Court of Enquiry
|
|
Presiding Officer/Secretary,
|
|
|
Labour Court Tribunal
National Tribunal
|
|
|
|
[Form E]
[Substituted by G.S.R. 402, dated 31-3-1960.]
[See rule 34]
Notice Of Change Of Service Condition Proposed By An Employer
Name of employer .........................................................................................................................
Address ............................................................................................................................................
Dated the ................... day of ........................ 20 .....................
In accordance with section 9-A of the Industrial Disputes Act, 1947, I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from .............in the conditions of service applicable to workmen in respect of the matters specified in the Fourth Schedule to the said Act.
Signature ...............................
Designation ...........................
Annexure
(Here specific the change/changes in tended to be effected)
Copy forwarded to :
(1) The Secretary of registered trade union, if any;
(2) Assistant Labour Commissioner (Central) .................................... [here enter office address of the Assistant labour Commissioner (Central) in the local area concerned];
(3) Regional Labour Commissioner (Central) ...........................Zone;
(4) Chief Labour Commissioner (Central), New Delhi.
Form F
[see rule 36]
Before
(Here mention the authority concerned)
Reference No. ............................................... of ............................................................................... workmen
versus
.............................Employer
In the matter of :
I/We hereby authorise Shri/Sarvashree ......................to represent me/us in the above matter.
Dated this .............................. day of ........... 20 ..........
Signature of person(s) nominating the representative(s) Address
Accepted.
Signature of representative(s) Address
Form G
[See rule 47]
Form Of Nomination Paper
| | |
| --- | --- |
|
Name
of Industrial Establishment
|
Group/Section/Shop/Department
|
I nominate .............................(here enter the name of the workmen's representative eligible for election) as a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated.
Dated ........................................................
Signature of proposer.
I agree to the proposed nomination.
Signature of candidate.
Date ...................................................
Attested by :(1) (2)
(To be signed by any two voters belonging to the electoral constituency).
[Form G-I]
[Substituted by Notification No. G.S.R. 417(E) , dated 25.5.2015 (w.e.f. 10.3.1957).]
[See rule 56 (A) ]
Unified Annual Return Form
A. General Part:
Particulars:
(a) Name of the establishment
address of the establishment. House no./Flat No. Street/Plot No. Town District State Pin Code
(b) Name of the employer
address of the employer. House no./Flat No. Street/Plot No. Town District State Pin Code
E-mail ID Telephone Number Mobile Number
(c) Name of the manager or person responsible for supervision and control of establishment
Address. House no./Flat No. Street/Plot No. Town District State Pin Code
E-mail ID Telephone Number Mobile Number
B. Employer's Registration/ License number under the Acts mentioned in column (2) of the table below:
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name
|
Registration
|
If yes (Registration No.)
|
|
(1) |
(2) |
(3) |
(4) |
|
01.
|
The Building and other Construction Workers (Regulation of
Employment & Conditions of Service) Act, 1996.
|
|
|
|
|
02.
|
The Contract Labour (Regulation & Abolition) Act, 1970.
|
|
|
|
|
03.
|
The Inter-State Migrant Workmen (Regulation of Employment and
Condition of Service) Act, 1979.
|
|
|
|
|
04.
|
The Employees Provident Funds and Miscellaneous Provisions
Act, 1952.
|
|
|
|
|
05.
|
The Employees’ State Insurance Act, 1948.
|
|
|
|
|
06.
|
The Mines Act, 1952.Notice of opening under Regulation 3
of Coal Mines Regulation, 1957 or Regulation 3 of Metalliferous
Mines Regulation, 1961.
|
|
|
|
|
07.
|
The Factories Act, 1948.
|
|
|
|
|
08.
|
The Motor Transport Workers Act, 1961.
|
|
|
|
|
09.
|
The Shops and Establishments Act (State Act).
|
|
|
|
|
10.
|
Any other Law for the time being in force.
|
|
|
|
C. Details of Principal Employer, Contractor and Contract Labour:
| | | |
| --- | --- | --- |
|
01.
|
Name of the principal employer in the case of a contractor’s
establishment.
|
|
|
02.
|
Date of commencement of the establishment.
|
|
|
03.
|
Number of Contractors engaged in the establishment during the
year.
|
|
|
04.
|
Total Number of days during the year on which Contract Labour
was employed.
|
|
|
05.
|
Total number of man-days worked by Contract Labour during the
year.
|
|
|
06.
|
Name of the Manager or Agent (in case of mines).
|
|
|
07.
|
AddressHouse No./Flat No.Street/Plot No.Town
DistrictStatePin Code
E-mail IDTelephone NumberM. No.
|
D. Working hours and weekly rest day:
| | | |
| --- | --- | --- |
|
01.
|
Number of days worked during the year.
|
|
|
02.
|
Number of mandays worked during the year.
|
|
|
03.
|
Daily hours of work.
|
|
|
04.
|
Weekly day of rest.
|
|
E. Maximum number of persons employed in any day during the year:
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Males
|
Females
|
Adolescents (between the age of 14 to 18 years.)
|
Children (below 14 years of age.)
|
Total
|
|
|
|
|
|
|
|
F. Wage rates (Category Wise):
| | | |
| --- | --- | --- |
|
Category
|
Rates of Wages
|
No. of workers
|
|
Regular
|
Contract
|
|
male
|
female
|
children
|
Adolescent
|
male
|
female
|
children
|
Adolescent
|
|
Highly
|
|
|
|
|
|
|
|
|
|
|
Skilled
|
|
|
|
|
|
|
|
|
|
|
Skilled
|
|
|
|
|
|
|
|
|
|
|
Semiskilled
|
|
|
|
|
|
|
|
|
|
|
Unskilled
|
|
|
|
|
|
|
|
|
|
G. (a) Details of Payments:
| | | |
| --- | --- | --- |
|
Gross wages paid
|
Deductions
|
Net wages paid
|
|
In cash
|
In kind
|
Fines
|
Deductions for damage or loss
|
Others
|
In cash
|
In kind
|
|
|
|
|
|
|
|
|
(b) Number of workers who were granted leave with wages during the year:
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
During the year
|
Number of workers
|
Granted leave with wages
|
|
|
|
|
|
H. Details of various welfare amenities provided under the statutory schemes:
| | | |
| --- | --- | --- |
|
Sl. No.
|
Nature of various welfare amenities provided
|
Statutory (specify the statute)
|
|
|
|
|
M. The Industrial Disputes Act, 1947 Industrial Disputes (Central) Rules, 1957:
| | | |
| --- | --- | --- |
|
(1) .
|
If the works
committee has been functioning.
|
Yes/No
|
|
1(a) .
|
Date of its
constitution.
|
|
|
1(b) .
|
Number of
workmen's representatives (elected members).
|
|
|
1(c) .
|
Number of
employer's representatives (nominated members).
|
|
|
1(d) .
|
Number of meetings
held during the year with dates.
|
|
|
2.
|
If the works
committee had not been functioning, the difficulties encountered
in its constitution or functioning.
|
|
|
3.
|
Number of Unions
in the establishments.
|
|
(a) Number of workers discharged, dismissed, retrenched or whose services were terminated during the year:
| | | | | |
| --- | --- | --- | --- | --- |
|
No. of workers
|
Discharged
|
Dismissed
|
Retrenched
|
Terminated or Removed
|
|
|
|
|
|
|
(b) Man-days lost during the year on account of:
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Reasons
|
No. of man-days lost
|
Loss in term of money
|
|
(a) .
|
Strike
|
|
|
|
(b) .
|
Lockout
|
|
|
|
(c) .
|
Fatal accidents
|
|
|
|
(d) .
|
Non-fatal accidents or serious accidents in Mines
|
|
|
Declaration
It is to certify that the above information is true and correct and also I certify that I have complied with the all provisions of Labour Laws applicable to my establishment.
| | | |
| --- | --- | --- |
|
Place
|
Date
|
Sign. Here
|
Digital Signature of the Employer, if any
Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Form H
[See rule 58]
Form of Memorandum for Settlement
Names of Parties:
Representing employer(s) :
Representing workmen:
Short Recital of the Case
Terms of settlement
Signature of the parties .............................................................
Witness :
(1) ................................................
(2) ................................................
| | |
| --- | --- |
|
\*Signature of
|
Conciliation Officer
|
|
Board of Conciliation
|
Copy to :
[Here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned].
\*(1) Assistant Labour Commissioner (Central) .................
(2) Regional Labour Commissioner (Central) ......................
(3) Chief Labour Commissioner (Central), New Delhi;
(4) The Secretary to the Government of India, Ministry of Labour, New Delhi.
| | |
| --- | --- |
|
\*In case of
settlements effected by
|
Conciliation Officer
|
|
Board of Conciliation
|
\*\*In case where settlements are arrived at between the employer and his workmen otherwise than in the course of conciliation proceeding.
Form I
[See rule 59]
Complaints Regarding Change Of Conditions Of Service
Labour Court ....................................................
| | | |
| --- | --- | --- |
|
Before the
|
Tribunal
|
......complaints
under Section 33-A of the Industrial Dispute Act, 1947.
|
|
National Tribunal
|
Reference No ......................................................................................
In the matter of:
A ..................................................................................................................................................................................................................................................................................... Complainant(s) ;
versus
B ............................................................................................................................................................................................................................................................................. Opposite Party(ies) .
Address:
The petitioner(s) begs/beg to complain that the Opposite Party/Parties) has/have been guilty of a contravention of the provisions of section 33 of the Industrial Disputes Act, 1947 (
14 of 1947
), as shown below :
(Here set out briefly the particulars showing the manner in which the alleged contravention has to place and the grounds on which the order or act of the Management is challenged.)
| | |
| --- | --- |
|
|
LabourCourt
|
|
The
complainant(s) accordingly prays/pray that the
|
Tribunal
|
|
|
National Tribunal
|
may be pleased to decide the complaint set-out above and pass such order or orders thereon as it may deem fit and proper.
The number of copies of the complaint and its annexures required under rule 59 of the Industrial Disputes (Central) Rules, 1957, are submitted herewith.
Signature of the Complainant(s) Dated this.......................... day of...................... 20...........
Verification
I do solemnly declare that what is stated in paragraphs...........above is true to my knowledge and that what is stated in paragraphs ................above is stated upon information received and believed by me to be true. This verification is signed by me at............ on.........day of..........20............
Signature or thumb-impression of the person verifying.
Form J
[See rule 60(1) ]
Conditions Of Service, Etc., Pending Proceedings
Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal.)
| | | |
| --- | --- | --- |
|
Application for permission under
|
Sub-section (1) |
Of section
33 of the Industrial Dispute Act, 1947 (
14 of 1947
).
|
|
Sub-section (1) |
Reference No ......................................................................................
In the matter of:
A ..................................................................................................................................................................................................................................................................................... Complainant(s) ;
versus
B ............................................................................................................................................................................................................................................................................. Opposite Party(ies) .
Address(es) :
The above-mentioned applicant begs to state as follows:
[Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for.]
The applicant, therefore, prays that express permission may kindly be granted to him to take the following action, namely:
| | | |
| --- | --- | --- |
|
[Here mention the
action specified in clause (a) or clause (b) of
|
sub-section (1) |
ofsection 33.]
|
|
sub-section (3) |
Signature of the applicant.
Dated this ..........................day of....................20...............
(Space for Verification)
Date (on which the verification was signed) ...................
Place (at which the verification was signed) .............(Signature of person verifying).
Form K
[See rule 60(2) ]
Discharge, Dismissal, Etc., Pending Proceedings
Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal)
Application under sub-section (2) of section 33 of the Industrial Disputes Act, 1947 (
14 of 1947
),
Reference No. ......................................................................................
In the matter of:
A. ................................................................................................................................................................................................................................................................................... Complainant(s) ;
versus
B. ............................................................................................................................................................................................................................................................................. Opposite Party(ies) .
Address(es) :
The above-mentioned applicant begs to state as follows:
(Here set out the relevant facts and circumstances of the case)
\*The workman/workmen discharged/dismissed under clause (b) of sub-section (2) of section 33 has/have been paid wages for one month.
The applicant prays that the Conciliation Officer/Board/Labour Court/Tribunal/National Tribunal maybe pleased to approve of the action taken, namely:
[Here mention the action taken wider clause (a) or clause (b) of sub-section (2) of section 33.]
Signature of the applicant.
Space for Verification
Dated this .......................... day of .....................20...........
Date (on which the verification was signed) .................
Place (at which the verification was signed) .......................... (Signature of the person verifying).
\*Delete, if not applicable.
[Form K-1]
[Substituted by G.S.R.488, dated 16-3-1965]
[See rule 62(1) ]
Application Under Sub-Section (1) Of Section 33-C Of The Industrial Disputes Act, 1947
To
(1) The Secretary to the Government of India, Ministry of Labour and Employment, New Delhi.
(2) The Regional Labour Commissioner (Central) .................(here insert the name of the region).
Sir,
I/We have to state that I am/We are entitled to receive from M/s ..................a sum of Rs .................on account of...........under the provisions of Chapter VA/Chapter VB of the Industrial Disputes Act, 1947/in terms of the award dated the.......... given by........../in terms of the settlement dated the ...............arrived at between the said M/s.............and their workmen through ..................the duly elected representatives.
I/We further state that I/we served the management with a demand notice by registered post on .............for the said amount which the management has neither paid nor offered to pay to me/us even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.
I/We request that the said sum may kindly be recovered for the management under sub-section (1) of section 33-C of the Industrial Disputes Act, 1947, and paid to me/us as early as possible.
| | |
| --- | --- |
|
|
Signature of the applicant(s) Address
|
|
|
1.
|
|
|
2.
|
|
Station :
|
3.
|
|
Date :
|
4.
|
Annexure
(Here indicate the details of the amount(s) claimed)
[Form K-2]
[Substituted by G.S.R. 488, dated 16-3-1965]
[See rule 62(1) ]
Application By A Person Authorised By A Workman Or By The Assignee Or Heir Of The Deceased Workman Under Sub-Section (1) Of Section 33-C Of The Industrial Disputes Act, 1947
To
(1) The Secretary to the Government of India, Ministry of Labour and Employment, New Delhi.
(2) The Regional Labour Commissioner (Central) ..............(here insert the name of the region).
Sir,
I \*Shri/Shrimati/Kumari ...................................................have to state that \*Shri/Shrimati Kumari ....................\*is/was entitled to receive from M/s.................. a sum of Rs...................... on account of .............under the provisions of Chapter V-A/Chapter V-B of the Industrial Disputes Act, 1947/in terms of the award, dated the ..............given by.................../in terms of the settlement, dated the ................arrived at between the said M/s............and their workmen through .............the duly elected representatives.
I further state that I served the management with a demand notice by registered post on ..............for the said amount which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.
I request that the said sum may kindly be recovered from the management under sub-section (1) of section 33-C of the industrial Disputes Act, 1947, and paid to me as early as possible.
\*I have been duly authorised in writing by .......................(here insert the name of the workman) to make this application and to receive the payment of the aforesaid amount due to him.
\*I am the assignee/heir of the deceased workman and am entitled to receive the payment of the aforesaid amount due to him.
Station :
Date :
Signature of the applicant ...............................
Address ...................................................
Annexure
(Here indicate the detail of the amount claimed.)
\*Strike out the portions inapplicable.
[Form K-3]
[Substituted by G.S.R. 488, dated 16-3-1965.]
[See rule 62(2) ]
Application Under Sub-Section (2) Of Section 33-C Of The Industrial Disputes Act, 1947
Before the Central Government Labour Court at .................between........................ and ................
(1) Name of the applicant(s)
(2) Name of the employer
The petitioner(s) ..................................... a workman of .................. M/s ................................. of ................... The petitioner(s) undersigned, workmen of................... is/are entitled to receive from the said M/s ....................... the money/benefits mentioned in the statement hereto annexed.
It is prayed that the Court be pleased to determine the amount/amounts due to the petitioner(s) .
| | |
| --- | --- |
|
Signature or
thumb-impression(s) of the applicant(s)
|
Address(es) |
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
Annexure
(Herein set out the details of the money due or the benefits accrued together With the case for their admissibility.)
[Form K-4]
[Inserted by G.S.R. 1070, dated 23-7-1977]
[See rule 62(2) ]
Application By A Person Who Is An Assignee Or Heir Of A Deceased Workman Under Sub-Section (2) Of Section 33-C Of The Industrial Disputes Act, 1947 (14 OF 1947)
Before the Central Government Labour Court at .................................................
Between
(i) Name of the applicant/applicants
(ii) Name of the employer
I am/We are the assignee(s) of the deceased workman and am/are entitled to make an application on his behalf.
Shri ...................... former workman of M/s....................of..................is entitled to receive from the said M/s ....................the money/benefits mentioned in the statement hereto annexed;
It is prayed that the Court be pleased to determine the amount/amounts due to the deceased workman.
Name and Address of workman ........................................
Signature or thumb-impression of the applicant(s) ....................................................
Address of the applicant(s) ......................................................
Station:
Date:
Annexure
(Herein set out the details of the money due or the, benefits accrued together with the case for their admissibility).
Form L
[See rule 71]
Form Of Notice Of Strike To Be Given By [Union/Workmen]
[Substituted by G.S.R. 488, dated 16-3-1965.]
In Public Utility Service
Name Of Union
[Names of five elected representatives of workmen.]
Dated the................... day of.........................20............
To
(The name of the employer).
Dear Sir/Sirs,
In accordance with the provisions contained in sub-section (1) of section 22 of the Industrial Disputes Act, 1947 I/We hereby give you notice that I propose to call a strike/We propose to go on strike on .............20................ for the reasons explained in the annexure.
Yours faithfully,
Secretary of the Union
[Five representatives of the workmen duly elected at a meeting held on ...............(dated) , vide resolution attached.]
[Substituted by G.S.R. 1151, dated 8-10-1959]
Annexure
Statement of the Case.
Copy to:
(1) Assistant Labour Commissioner (Central) ...........................................
(Here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned).
(2) Regional Labour Commissioner (Central) ..............Zone.
(3) Chief Labour Commissioner (Central), New Delhi.
[Form M
[Substituted by G.S.R. 1151, dated 8-10-1959.]
[See rule 72]
Form Of Notice To Lock-Out To Be Given By An Employer Carrying On A Public Utility Service
Name of employer .......................................................................
Address ...............................................................................
Dated the ..............................................day of..............20..........
In accordance with the provisions of sub-section (2) of section 22 of the Industrial Disputes Act, 1947, I/We hereby give notice to all concerned that it is my/our intention to effect a lock-out, in .....................department(s), section(s) of my/our establishment with effect from .................for the reasons explained in the annexure.
Signature ..................................
Designation ................................
Annexure
Statement of Reasons
Copy forwarded to:
(1) The Secretary of the Registered Union, if any,
(2) Assistant Labour Commissioner (Central)...................................
(Here enter office address of the Assistant labour Commissioner (Central) in the local area concerned.)
(3) Regional Labour Commissioner (Central).........Zone.
(4) Chief Labour Commissioner (Central), New Delhi.]
Form N
[See rule 73]
Form Of Report Of Strike Or Lock-Out In A Public Utility Service
Information to be supplied in this form immediately on the occurrence of a strike or lock-out in a public utility service to the Assistant Labour Commissioner (Central) for the local area concerned
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Name
of undertaking
|
Station
and District
|
Normal
working strength
|
Number
of Workers involved
|
Strike
or Lock-out
|
Date
of commencement of strike or lock-out
|
Cause
|
Was
notice of strike or lockout given ? If so, on what date and for
what period
|
Is
there any permanent agency or agreement in the undertaking for
the settlement of dispute between the employer and workmen ? If
any exists, particulars thereof
|
Any
other information
|
|
Directly
|
Indirectly
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
Notes.-Column (3) Give the average number of workmen employed during the month previous to the day on which the strike or lock-out occurred. While reckoning the average, omit the days on which the attendance was not normal for reasons other than individual reasons of particular workmen. Thus, days on which strike or lock-out occurs or communal holiday is enjoyed by a large section of workers should be omitted.
Column (4) If, say, 200 workers in a factory strike work and in consequence the whole factory employing 1,000 workers has to he closed then, 200 should be shown under "directly" and the remaining under "indirectly". If the strike of 200 workers does not affect the working of the other departments of the factory, the number of workers involved would only be 200, which figure should appear under "directly" and column "indirectly" would be blank.
Column (8) Give the causes of the dispute as well as the immediate cause that led to the strike or lock-out.
Form O
[See rule 75]
Register-Part I
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial
No.
|
Industry
|
Parties
to the settlement
|
Date
of settlement
|
Remarks
|
|
|
|
|
|
|
\*Whether the settlement was effected at the intervention of the conciliation machinery or by mutual negotiations between the parties, may be indicated here.
Part II – Should contain one copy each of the settlements in the serial order indicated in Part I.
----------------------------------------------------------------------------------------------------
[Form O-1
[Inserted by G.S.R. 299, dated 22-2-1960.]
]
(See rule 75-A)
To
The Regional Labour Commissioner (Central) ,
......................................................
(here specify the region concerned.)
Sir,
Under rule 75-A of the Industrial Disputes (Central) Rules, 1957, I/We hereby inform that I/We have laid-off ............. out of a total of\*............ workmen employed in the establishment with effect from \*\* ...................for the reasons explained in the Annexure.
### 2. Such of the workmen concerned as are entitled to compensation under section 25-C of the Industrial Disputes Act, 1947, will be paid compensation due to them. Yours faithfully,
\*\*\*
Copy forwarded to Assistant Labour Commissioner (Central) ...........................................................
(Here specify the address of the Assistant Labour Commissioner (Central) of the local area concerned.)
Annexure
Statement of Reasons
\*Here insert the number of workmen.
\*\*Here insert the date.
\*\*\*Here insert the position which the person who signs the letter holds with the employer issuing the letter.]
[Form O-2
[Inserted by G.S.R. 111(E) , dated 5-3-1976]
]
(See rule 75-A ]
To
The Regional Labour Commissioner (Central) ,
............................................................
............................................................
(Here specify the region concerned)
Sir,
As required by rule 75-A of the Industrial Disputes (Central) Rules, 1957 and in continuation of my/our notice dated' .......................in Form 0-1 I/We hereby inform you that the lay-off in my/our establishment has ended on+ ...........................
Yours faithfully,
\*\*
Copy to the Assistant Labour Commissioner (Central) ...............................
[Here specify the address of the Assistant Labour Commissioner (Central) of the local area concerned.]
\*Here insert the date.
\*\*Here insert the position which the person who signs the letter holds with the employer issuing the letter.
Form O-3
(To be submitted in triplicate [\*\*\*]
[Omitted by G.S.R. 289, dated 2-3-1982 (w.e.f. 13-3-1982)]
[See rule 75-B(1) Form Of Application For Permission To Lay-Off, To Continue The Lay-Off Workmen In Industrial Establishments To Which Provisions Of Chapter V-B Of The Industrial Disputes Act, 1947 (14 Of 1947), Apply
To
....................................................................
....................................................................
....................................................................
[The authority specified under sub-section (1) of section 25-M]
Sir,
Under \*sub-section (1) /sub-section [(3)]
[Substituted by S.O. 2485, dated 20-5-1985]
of section 25-M of the Industrial Disputes Act, 1947 (
14 of 1947
) read with sub-rule (1) of rule 75-B of the Industrial Disputes (Central) Rules, 1957, I/We hereby apply for 'permission to the lay-off/permission to continue the lay-off of ..............workmen of a total of............workmen employed in my/our establishment with effect from .................for the reasons set out in the Annexure.
Permission is solicited \*for the lay-off/to continue the lay-off of the said workmen.
Such of the workmen permitted to be laid-off will be paid such compensation, if any, to which they are entitled under sub-section [(6) ]
[Substituted by S.O. 2485, dated 20-5-1985]
of section 25-M, read with section 25-C of the Industrial Disputes Act, 1947 (
14 of 1947
).
Yours faithfully,
(Signature) \*Strike out whatever is inapplicable.
Annexure
(Please give replies against each item)
Item No.
### 1. Name of the undertaking with complete postal address, including telegraphic address and telephone number. ###
2. Status of undertaking:
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers.
### 3. (a) \*Names and addresses of the affected workmen proposed to be laid-off/names and addresses of the workmen laid-off before the commencement of the industrial Disputes (Amendment) Act, 1976 (32 of 1976) and the dates from which each of them has been laid-off.
(b) The nature of the duties of the workmen referred to in sub-item (a), the units/sections/shops where they are or were working and the wages drawn by them.
### 4. Items of manufacture and scheduled industry/industries under which they fall. ###
5. Details relating to installed capacity, licensed capacity and utilised capacity.
### 6. (i) Annual production, item-wise for preceding three years. (ii)
Production figures, month-wise, for the preceding twelve months.
### 7. Work in progress, item-wise and value-wise. ###
8. Any arrangements regarding off-loading or sub-contracting of products or any components thereof.
### 9. Position of the order book-item-wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year. ###
10. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
### 11. Balance-sheets, profit and loss accounts and audit reports for the last three years. ###
12. Financial position of the company.
### 13. Names of the inter-connected companies or companies under the same management. ###
14. (i) The total number of workmen (category wise), and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (
14 of 1947
), employed in the undertaking.
(ii) Percentage of wages of workmen to the total cost of production.
### 15. Administrative, general and selling cost in absolute terms/per year in the last three years and percentage thereof to the total cost. ###
16. Details of lay-offs resorted to in the last three years (other than the lay-off for which permission is sought), including the periods of such lay-offs, the number of workmen involved in each such lay-off and the reasons therefor.
### 17. Anticipated savings due to the \*proposed lay-off/lay-off for the continuance of which permission is sought. ###
18. Any proposal for effecting savings on account of reduction in
(i) managerial remuneration,
(ii) sales promotion cost, and
(iii) general administration expenses,
### 19. Position of stocks on last day of each of the months in the preceding twelve months. ###
20. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
### 21. Reasons for the \*proposed lay-off/lay-off for the continuance of which permission is sought. ###
22. Any specific attempts made so far to avoid the \*proposed lay-off/lay-off for the continuance of which permission is sought.
### 23. Any other relevant factors with details thereof. \*Strike out whatever is inapplicable.
Form P
[See rule 76]
Form Of Notice Of Retrenchment To Be Given By An Employer Under Clause (C) Of Section 25-F Of Industrial Disputes Act, 1947
Name of employer ........................................
Address ..........................................................
Dated the ..............day of..............20.............
To
The Secretary to the Government of India,
Ministry of Labour, New Delhi
Sir,
Under clause (c) of section 25-F of the Industrial Disputes Act, 1947 (
14 of 1947
), I/We hereby inform you that I/We have decided to retrench \* ..................workmen with effect from \*\* ...............for the reasons explained in the Annexure.
### 2. The workmen concerned were given on the ............20........one month's notice in writing as required under clause (a) of section 25-F of that Act. Retrenchment is being effected in pursuance of an agreement, a copy of which is enclosed. The workmen were given on the \*\* .................. 20........... one month's pay in lieu of notice as required under clause (a) of section 25-F of that Act. ###
3. The total number of workmen employed in the industrial establishment is \*\*\*...........................and the total number of those who will he affected by the retrenchment is given below :
| | |
| --- | --- |
|
Category
and designation or workmen to be retrenched
|
Number
of workman
|
|
|
Employed
|
To
be retrenched
|
|
(1) |
(2) |
(3) |
|
|
|
|
### 4. I/We hereby declare that the workman/workmen concerned has/have been/will be paid compensation due to them under section 25-F of the Act on \*\* ......................./the expiry of the notice period. Yours faithfully,
++
\*Here insert the number of workmen.
\*\*Here insert the date.
+Delete the portion which is not applicable
\*\*\*Here insert the total number of workmen employed in the industrial establishment.
++Here insert the position which the person who signs this letter holds with the employer issuing the letter.
Annexure
Statement of Reasons
Copy to:
(1) Assistant Labour Commissioner(Central) ............................................................................
[Here enter office address of the Assistant Labour Commissioner (Central) in local area concerned).
(2) Regional Labour Commissioner (Central).
(3) [ Employment Officer, Employment Exchange ..................................................................
(Enter the full address of the Employment Exchange concerned.)]
[Form PA]
[Inserted by G.S.R. 111(E) , dated 5-3-1976]
(To be made in triplicate [\*\*\*]
[Omitted by G.S.R. 289, dated 2-3-1982 (w.e.f. 13-3-1982)]
)
[See rule 76-A(l) ]
Form Of Notice For Permission For Retrenchment Of Workmen To Be Given By An Employer Under Clause [(D) ]
[Substituted By S.O. 2484, Dated 20-5-1985]
Of Sub-Section (1) Of Section 25-N Of The Industrial Disputes Act, 1947 (141 Of 1947)
Date .........................................
To
.........................................
.........................................
.........................................
[The Central Government/authority\* specified under clause (c) of sub-section (1) of section 25-N].
Sir,
Under [clause (c) ]
[Substituted by G.S.R. 761, dated 2-8-1985]
of sub-section (1) of section 25-N of the Industrial Disputes Act, 1947 (
14 of 1947
), I/We hereby inform you that \*I/We propose to retrench ..................workmen [being workmen to whom sub-section (1) of section 25-N applies] with effect from............for the reasons set out in the Annexure.
### 2. The workmen \*concerned have been given notice in writing as required under clause (a) of sub-section (1) of section 25-N/have not been given notice since the retrenchment is under an agreement (copy of which is enclosed) as provided in the proviso to the said clause. ###
3. The total number of workmen employed in the industrial establishment is ................and the total number of those who will be affected by the proposed retrenchment is as given below:
| | |
| --- | --- |
|
Category
and designation or workmen to be retrenched
|
Number
of workman
|
|
|
Employed
|
To
be retrenched
|
|
(1) |
(2) |
(3) |
|
|
|
|
### 4. Permission is solicited for the proposed retrenchment under clause (c) of sub-section (1) of section 25-N. ###
5. I/We hereby declare that the workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sub-section (1) of section 25-N of the Act.
Yours faithfully,
(Signature) \*Strike out whatever is inapplicable.
Annexure
(Please give replies against each item)
Item No.
### 1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number. ###
2. Status of undertaking:
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) if belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers.
### 3. Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops where they are working and the wages drawn by them. ###
4. Items of manufacture and scheduled industry/industries under which they fall.
### 5. Details relating to installed capacity licensed capacity and the utilised capacity. ###
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
### 7. Work in progress-item-wise and value-wise. ###
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
### 9. Position of the order book-item-wise and value-wise for a period of six months and one year next following, and for the period after the expiry of the said one year. ###
10. Number of working days in a week with number of shifts per day and strength of workmen per each shift.
### 11. Balance-sheet, profit and loss account and audit reports for the last three years. ###
12. Financial position of the company.
### 13. Names of the inter-connected companies or companies under the same management. ###
14. (i) The total number of workmen (category wise), and the number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (
14 of 1947
), employed in the undertaking.
(ii) Percentage of wages of workmen to the total cost of production.
### 15. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost. ###
16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case, and the reasons therefor.
### 17. Has any of the retrenched workmen been given re-employment and if so, when? Give details. ###
18. Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of set ,rice ?
### 19. Anticipated savings due to the proposed retrenchment. ###
20. Any proposal for effecting savings on account of reduction in--
(i) managerial remuneration,
(ii) sale promotion cost, and
(iii) general administration expenses.
### 21. Position of stocks on the last day of each of the month in the preceding twelve months. ###
22. Annual sales figures for the last three years and month-wise sales figures-for the preceding twelve months both item-wise and value-wise.
### 23. Reasons for the proposed retrenchment. ###
24. Any specific attempt made so far to avoid the proposed retrenchment.
### 25. Any other relevant factors with details thereof. [\*\*\*]
[Form PB omitted by S.O. 2485, dated 20-5-1985]
[Form Q]
[Inserted by G.S.R. 410(E) , dated 13-9-1972]
[See rule 76-A]
>Form Of Notice Of Closure To Be Given By An Employer Under Section 25-FFA Of The Industrial Disputes Act, 1947 (14 Of 1947)
Name of employer .......................................................................... Address......................................................................................
Dated the .............................day of..........................20.....................
To
The Secretary to the Government of India,
Department of Labour and Employment,
New Delhi
Sir,
Under section 25-FFA of the Industrial Disputes Act, 1947 (
14 of 1947
), I/We hereby inform you that I/We have decided to close down ......................(name of the undertaking) with effect from .............for the reasons explained in the Annexure. The number of workmen whose services would be terminated on account of the closure of the undertaking is ...............(number of workmen).
Yours faithfully,
\*(Here insert the position which the person who signs this letter holds with the employer issuing this letter.)
Annexure
Statement of Reasons
Copy to:
(1) The Regional Labour Commissioner (Central) ................. \*...............................
(2) The Assistant Labour Commissioner (Central) ................ \*...............................
(3) The Employment Exchange ........................ \*...............................
\*[Here enter the office address of the Regional Labour Commissioner (Central) /Assistant Labour Commissioner (Central) and the Employment Exchange in the local area concerned].
Form QA
(To be submitted in triplicate)
[See rule 76-C(1) ]
Form Of Notice For Permission Of Closure To Be Given By An Employer Under Sub-Section (1) Of Section 25-FFA The Industrial Disputes Act, 1947 (14 Of 1947)
Date .............................................
To,
The Secretary to the Government of India,
Ministry of Labour,
New Delhi.
Sir,
Under section 25-C of the Industrial Disputes Act, 1947(14 of 1947), I/We hereby inform you that 1/We propose to close down the undertaking specified below of (name of the industrial establishment).
(Give details of the undertaking)
................................ with effect from ............................................. for the reasons explained in the Annexure.
### 2. The number of workmen whose services will be terminated on account of the closure of the undertaking is ................................................. (number of workmen). ###
3. Permission is solicited for the proposed closure.
### 4. [ I/We hereby declare that in the event of approval for the closure being granted, every workman in the undertaking to whom sub-section (8) of the said section 25-0 applies shall be paid compensation as specified in that section.] [Substituted by S.O. 2485, dated 20-5-1985]
Yours faithfully,
(Signature) Annexure
(Please give replies against each item)
Item No.
### 1. Name of the industrial establishment with complete postal address, including telegraphic addresses and telephone number. ###
2. Status of undertaking :-
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers.
### 3. The total number and categories of workmen affected by the proposed closure, alongwith the addresses of the workmen and the details of wages drawn by them. ###
4. Items of manufacture and scheduled industry/industries under which they fall.
### 5. Details relating to licensed capacity, installed capacity and utilised capacity. ###
6. (i) Annual production item-wise and value-wise.
(ii) Production figures month-wise for the preceding twelve months.
### 7. Work in progress--item-wise and value-wise. ###
8. Any arrangement regarding off-loading or sub-contracting of products or any component thereof.
### 9. Details of persons or the organisations to whom the job/jobs is/are being entrusted relationship/interest of the persons/organisations with the director/directors or the officer/officers of the company. ###
10. Position of the order book-item-wise and value-wise for a period of six months and one year next following, and for the period after the expiry of the said one year.
### 11. Number of working days in a week with the number of shifts per day and the strength of workmen per each shut. ###
12. Balance-sheet and profit and loss account and audit reports for the last three years.
### 13. Financial position of the company. ###
14. (i) Names of inter-connected company or companies under the same management.
(ii) Details about inter corporate investments and changes during the last one year.
(iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.
### 15. Percentage of wages of workmen to the total cost of production. ###
16. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
### 17. Inventory position-item-wise and value-wise for the preceding twelve months (Inventories to he shown in respect of finished products, components and raw materials to be shown separately item-wise and value-wise). ###
18. Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.
### 19. Full details of the interests of the directors and officers of the company in the organisations/persons involved in selling products of the undertaking. ###
20. Buying arrangements for raw materials and components.
### 21. Interests of the directors and officers with the organisations/persons involved in buying raw materials and components for the undertaking. ###
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
### 23. Reasons for the proposed closure. ###
24. Any specific attempts made so far to avoid the closure.
### 25. Any other relevant factors with details thereof. [\*\*\*]
[Form QB omitted by S.O. 2485, dated 20-5-1985]
[Inserted by G.S.R. 410(E) , dated 13-9-1972.]
[Inserted by G.S.R. 811, dated 3-7-1959]
|
65ba0488ab84c7eca86ea783 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Bio-fertilisers (Monitoring and Quality Control), Act, 2006
----------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Bio-fertilisers (Monitoring and Quality Control), Act, 2006
============================================================================
Act 6 of 2006
---------------
* Published on 3 January 2006
* Commenced on 3 January 2006
Andhra Pradesh Bio-fertilisers (Monitoring and Quality Control), Act, 2006
(Act
No. 6 of 2006
)
Last Updated 11th September, 2019
[Dated 03.01.2006]
An Act to provide for the maintenance of specified counts of viable cells of microorganism, volume of Biofertilizer and to refrain from the production of contraband or spurious or phyto-toxi material and description of species of micro organism in the manufacture of a particular termed Bio-firtilizer and to monitor the effectiveness of the product in the label by the manufacturer and for the matters connected there-with or incidental thereto.
Be it enacted by the Legislature Assembly of the State of the Andhra Pradesh in the Fifty-sixth year of the Republic of India as follows:
Chapter-I Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the Andhra Pradesh Bio-fertilisers (Monitoring and Quality Control), Act, 2006.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force with effect on and from the 21st November, 2005.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) 'Bio-fertiliser' means a inert material containing microbial inclulants (living organism) as specified in Schedule I;
(2) 'Certificate of Source' means a certificate issued by the Government or as the case may be the Manufacturer to the Dealer indicating the source from which the Bio-fertiliser for purpose of sale is obtained:
(3) 'Controller' means the person appointed as Controller of Bio-fertiliser by the Government and includes any other person empowered by the Government to exercise or perform all or any of the functions as may be prescribed:
(4) 'Dealer' means a person carrying on the business of selling Bio-fertilisers and includes a manufacturer and an agent carrying on such business;
(5) 'Government' means the State Government;
(6) 'Grade' means the living organism contents in Bio-fertiliser expressed in number of cells/gram of carrier material/millilitre of liquid Biofertiliser;
(7) 'Inspector' mean an Inspector appointed under Section 19 of the Act;
(8) 'Label' means any written, printed or graphic matter on the package and any other covering in which the package is placed or packed and includes any written, printed, or graphic matter accompanying the Biofertiliser;
(9) 'Manufacturer' means a person who produces Bio-fertilisers and expression manufacturer with its grammatical variations shall be construed accordingly;.
(10) 'Non-standard Bio-fertiliser' means,-
(i) if its label contain any statement, design or graphic statement/ representation thereto which is false or misleading in any material particular, of if its package is otherwise deceptive in respect of its contain; or
(ii) if it is an imitation of, or is sold under the name of another Biofertiliser; or
(iii) if any word, statement or other information required by or under this Act to appear on the label is not displayed thereon in such conspicuous manner as the other words, statements or graphic matter have been displayed on the label and in such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use; or
(iv) if it is not packed and labelled as required by or under this Act; or
(v) if it is not registered in the manner required by or under this Act; or
(vi) if the lable contains any reference to registration other than the registration number; or
(vii) if the bio-fertiliser is not in conformity with the prescribed standards as specified in Section 2 (16) of this Act and packed with any substance which is not included in the registration;
(11) 'Notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
(12) 'Officer for sale' includes a reference to intimation by a person and a person who proposed for sale, exhibit the price list, indicating the prices of Biofertiliser;
(13) 'Package' means a box, bottle, casket, tin, barrel, case resceptacle, sack, bag wrapper or other thing in which a bio-fertilliser is placed or packed;
(14) 'premises' means any land, shop, stall or place where any bio-fertiliser is manufactured or stored or sold or used and includes and vehicle carrying bio-fertilisers;
(15) 'prescribed' means prescribed by rules made under this Act;
(16) 'Prescribed standard' means prescribed under this Act;
(17) 'Registering Authority' means a registering authority appointed under Section 18;
(18) 'Schedule' means the Schedule appended to this Act;
(19) 'State' means the State of Andhra Pradesh.
Chapter-II Price Control
### 3. Fixation of prices of Bio-Fertilisers.
(1) The Government may be notifications regulate equitable distribution and also the rates of Bio-fertilisers in the manner as may be prescribed.
(2) The Government may having regard the local conditions of any area, the period of storage of Bio-fertilisers, and other relevant circumstances, fix different prices or rates for Biofertilisers having different periods of storage or for different classes of consumers.
(3) No dealer or manufacturer shall sell or offer for sale any bio-fertiliser at a price exceeding the maximum price or rate fixed under this Act or printed on the container.
### 4. Display of Stock Position and Price List.
- Every dealer, who makes or offers to make a sale of any Bio-fertlisier, shall prominently display in his place of business;-
(i) The quantities of opening stock of different Bo-fertilisers held by him on each day.
Explanation. - The actual stocks at any point of time during the day may be different from that of the displayed opening stock to the extent of sale and receipt of such Bio-fertilisers up to the time of inspection during the day.
(ii) A list of prices or rates of such Bio-fertilisers fixed under Section 3 or the Maximum Retail Price printed on the container by the manufacturer.
### 5. Issue of cash or credit memorandum.
- Every dealer shall issue a cash or credit memorandum to a purchaser of bio-fertilisers in the manner prescribed.
### 6. Control on distribution of Bio-fertilisers by manufacturers.
- The Government may be notification direct any manufacturer, to secure equitable distribution and availability of bio-fertiliser to the farmers in time, to sell the bio-fertilisers produced by any person in such quantities in such areas of the State and within such periods as maybe specified in the notification.
Chapter III
Registration of Manufacturers / Dealers
--------------------------------------------------------
### 7. Dealers to be registered.
- No person including manufacturer/ dealer shall offer for sale or carry on business for selling Bio-fertilisers at any place except under and in accordance with terms and conditions of its certificate of registration granted to any person as prescribed, under Section 8 of this Act:
Provided that the Government may if it considers necessary or expedient by notification exempt from the provisions of this section any person selling Biofertilisers to the farmers in such areas and subject to such conditions as may be specified in that notification.
### 8. Application for Registration.
(1) Every person desiring to obtain a Certificate of Registration under this Act for manufacturing bio-fertilisers by a manufacturer shall make an application for registration to the Registering Authority or the Controller in the manner prescribed.
(2) Every person desiring to obtain a Certificate of Registration under this Act for selling Bio-fertilisers by a Dealer shall make an application for registration to the Registering Authority together with the fee in the manner prescribed.
Provided that where the applicant is a Government or a manufacturer, it shall not be necessary to enclose a certificate of source along with the application: Provided further that where Biofertiliser, are obtained for sale from different sources, a certificate of source from each source shall be furnished in the manner prescribed:
Provided also that a dealer, except a manufacturer shall not issue a certificate of source to authorize another dealer for dealing in Bio-fertiliser.
### 9. Grant of refusal of Certificate of Registration.
- The Registering Authority or as the case may be the Controller shall grant a Certificate of Registration within 30 (thirty) days of the receipt of the application to any person in the manner prescribed:
Provided that no Certificate of Registration shall be granted to a person,-
(i) if his previous Certificate of Registration is under suspension: or
(ii) if his previous Certificate of Registration has been cancelled within a period of one year immediately preceding the date of making the application; or
(iii) If he has been convicted of any offence under his Act or any order made thereunder within three years immediately preceding the date of making the application; or
(iv) if he fails to enclose with the application, a certificate of source; or
(v) if the application is incomplete in any respect.
### 10. Period of validity of Certificate of Registration.
- Every Certificate of Registration granted Section 9 or as the case may be renewed under Section 11, unless suspended or cancelled shall be valid for a maximum period of 3 (three) years from the date of issue.
### 11. Renewal of certificate of Registration.
(1) Every holder of a Certificate of registration desiring to renew the Certificate of registration granted under Section 9 shall, before the date of expiry of such certificate of registration make an application for renewal to the Registering Authority or as the case maybe, to the Controller as may be prescribed in duplicate, together with the fee prescribed under Section 30 of the Act for such renewal and a certificate of source as required under Section 8 of the Act.
(2) On receipt of such application together with such fee and certificate of source, the Registering Authority, or as the case may be, the Controller may renew the certificate of registration as may be prescribed:
Provided that a Certificate of registration shall not be renewed if the holder of the certificate of registration did not sell any bio-fertiliser during the period of one year immediately preceding the date of expiry of the period of validity of the Certificate of registration sought to be renewed.
(3) If any application for renewal is not made before the expiry of the period of validity of the Certificate of registration but is made with in one month from the date of such expiry, the Certificate of registration may be renewed on payment of such additional fee as may be prescribed by the Government, or as the case may be the Controller, in addition to the fee for renewal of the certificate of registration.
(4) Where the application for renewal is made within the time specified in sub section (1) or sub section (3) the application shall be deemed to have held a valid certificate of registration, until such date as the Registering Authority or as the case may be the Controller passes orders on the application for renewal.
(5) If an application for renewal of a certificate of registration is not made with in one month from the date of expiry of the period of validity of the certificate of registration, the certificate or registration shall be deemed to have lapsed on the date on which its validity expired and any business carried on or after that date shall be deemed to have been carried on in contravention of Section 7 of the Act.
Chapter IV
Restriction on Manufacture, Sale etc. of Bio-fertilisers
------------------------------------------------------------------------
### 12. Restriction on Manufacture sale and distribution of Bio-fertilisers.
(1) No person shall himself or by any other person on his behalf,-
(i) manufacture for sale, sell, offer for sale, stock or exhibit for sale or distribute any Bio-fertiliser which is not prescribed standard:
(ii) manufacture for sale, sell, offer for sale, stock or exhibit for sale, or distribute any Bio-fertiliser, which is not of prescribed standard and which does not conform to the particulars specified in the certificate of manufacture granted to him under this Act in respect of Bio-fertilisers;
(iii) sell, offer for sale, stock or exhibit for sale or distribute.-
(a) any Bio-fertiliser, the container whereof is not packed and marked in the manner laid down in this Act;
(b) any Bio-fertiliser which is an imitation or substitute for another Bio-fertiliser under the name of which it is sold;
(c) any Bio-Fertiliser which is adulterated.
Explanation. - A Bio-Fertiliser shall be deemed to be adulterated, if it contains any substance addition of which is likely to eliminate or decrease the living organisms or make the fertilisers not conforming to the prescribed standard;
(d) any Bio-fertiliser, the label or container whereof bears the name of any individual, firm or company purporting to be manufacturer of the Bio-fertiliser, which individual, firm or company is fictitious or does not exist;
(e) any Bio-fertiliser, the label or container whereof or any thing accompanying therewith bears any statement which makes a false claim for the Bio-fertiliser or which is false or misleading in any material particular;
(f) any substance purported to be a Bio-fertiliser which substance is not, infact, a Bio-fertiliser; or
(g) any bio-fertiliser which is not properly labelled by exhibiting the minimum guaranteed count of living organisms.
(2) Any manufacturer who intends to manufacture for sale/offer for sale/ stock, or exhibit for sale or distribute any bio-fertiliser other than those specified in the Schedule-I shall make an application to the prescribed authority and the same shall be scrutinized by the Technical Committee appointed for this purpose by the Government and be recommended to the Government for final orders by notification by the Government in the manner prescribed.
### 13. Manufacturers to comply with certain requirements for Laboratory facility.
- Every manufacturer shall is order to ensure the quality of their product possess minimum lab facility as may be specified form time to time by the Controller.
### 14. Bulk sale of Bio-fertilisers.
- Notwithstanding any thing contained in this Act,-
(i) a dealer shall not retain any container of any variety of bio-fertiliser in an open and unsealed condition for the purpose of sale;
(ii) the Government may by notification authorize a manufacturer to sell any Bio-Fertiliser manufactured by him in bulk also direct to the farmers for such period as may be specified in that notification:
Provided that certificate indicating the minimum living cells be issued by the manufacturer to each farmer at the time of such sale.
### 15. Disposal of non-standard Bio-fertilisers.
(1) Not withstanding any thing contained in this Act, no person shall sell or offer for sale, stock, exhibit for sale or distribute, any bio-fertiliser which does not conform to the prescribed standards unless the Bio-fertiliser is reprocessed by the manufacturer under the supervision of enforcing authorities, in the manner prescribed.
### 16. Manufacturers to appoint officers responsible for compliance of the Act.
- Every manufacturing organization shall in consultation with the Government, appoint an officer in that organisation who shall be responsible for compliance with the provisions of this Act.
### 17. Restriction of sale/use of Biofertilisers.
- No person shall, except with prior permission of the Government, and subject to such terms and conditions as may be imposed by the Government, sell or use Bio-Fertilizers for purpose other than fertilisation of soils and increasing productivity of crops.
Chapter-V Enforcement Authorities
### 18. (1) The Government may by notification appoint an officer as the Controller, for the purposes of this Act.
(2) Appointment of Controller and Registering Authority. - The Government may by notification appoint such number of persons as it thinks necessary, to be the registering authorities for the purposes of this Act and may in any such notification define the limits of the local area within which each such registering authority shall exercise his jurisdiction.
### 19. Appointment of Inspectors.
- The Government may be notification appoint such number of persons, as it thinks necessary to be Inspectors of Bio-Fertilisers for the purpose of this Act and may in such notification define the limits of local area within each such inspector shall exercise his jurisdiction.
### 20. Qualification for appointment of Inspectors.
- No person shall be eligible for appointment as Bio-fertiliser Inspector, under this Act unless he possesses the qualification namely Graduation in Agriculture from a recognized University and working in the Department of Agriculture, in the State.
### 21. Powers of Inspectors.
(1) An Inspector may with a view to securing compliance with this Act,-
(i) require any manufacturer or a dealer to give any information in his possession, with respect to the manufacture, storage and disposal of any Bio-fertiliser manufactured or in any manner handled by him;
(ii) draw samples of any Bio fertilizer in accordance with the procedure for drawal of samples laid down in Schedule II.
Provided that the Inspector shall prepare the sampling details in duplicate as may be prescribed and hand over one copy of the same to the dealer or his representative from whom the sample has been drawn;
(iii) enter upon and search any premises where any Bio-fertiliser is manufactured or stored or exhibited for sale, if he has reason to believe that any Bio-fertiliser has been or is being manufactured, sold, offered for sale, stored, exhibited for sale or distributed contrary to the provisions of this Act;
(iv) seize or detain any Bio-fertiliser in respect of which he has reason to believe that a contravention of this Act has been or is being or is about to be committed;
(v) seize any books of accounts or documents relating to manufacture, storage or sale of Bio-fertiliser etc in respect of which he has reason to believe that any contravention of this Act has been or is being or is about to be committed:
Provided that the Inspector shall give a receipt for such Bio-fertilisers or books of accounts or documents so seized to the person from whom the same has been seized:
Provided further that the books of accounts or documents so seized shall be returned to the person from whom they were seized after copies thereof or extracts therefrom as certified by such person, have been taken:
Provided also that the Inspector shall give the stop sale notice in writing to the person whose stocks have been detained and initiate appropriate action as per the provisions of this Act or the rules made thereunder within a period of twenty one days. If no action has been initiated by the Inspector within the said period of twenty one days from the date of issue of the said notice, the notice of stop sale shall be deemed to have been revoked.
(2) Where any Bio-fertiliser is seized by any Inspector under this section he shall forthwith report the fact of seizure to the respective Magistrate and seek further orders.
Chapter VI
Analysis of Samples
-----------------------------------
### 22. Analysis of samples.
- Bio-fertiliser sample drawn by an Inspector shall be analyzed in accordance with the standards laid down in Schedule -I as per the specification of Bureau of Indian Standards.
### 23. Qualification for appointment of Bio-fertiliser Analyst in the Bio-fertiliser Control Laboratories.
- No person shall be eligible for appointment as Bio-fertiliser analyst for analysis of Biofertiliser samples in the laboratories as may be notified for the purposes of this Act, unless he possesses the qualification namely Graduation in Agriculture from a recognized University with training in Bio-fertilisers quality control and analysis at National Centre for Organic Farming, Ghazibad, or its regional centers:
Provided that the Bio-fertiliser analysts appointed before the commencement of this Act, who do not possess the requisite training, shall undergo the prescribed training with a period of one year National Centre for Organic Farming, Ghazibad, or its regional centres.
### 24. Time limit for analysis and communication of results.
(1) Where a sample of Bio-fertiliser has been drawn, the same shall be dispatched along with memorandum in the manner pi ascribed to such laboratory as may be notified for analysis within a period of 7 (seven) days from the date of its drawal.
(2) The Laboratory shall analyse the sample and forward the analysis report in the form as may be prescribed within 30 (thirty) days from the date of receipt of the sample in the laboratory to the authorities specified in the said memorandum.
(3) The authority to whom the analysis report is sent under sub-section (2) shall communicate the result of analysis to the dealer/manufacturer from whom the sample was drawn within 15 (fifteen) days from the date of receipt of analysis report.
(4) The report of the Laboratory is final for initiating any criminal proceedings against the dealer/manufacturer.
Chapter VII
Miscellaneous
------------------------------
### 25. Suspension cancellation of Registration Certificate.
(1) A registering authority or, as the case maybe, the Controller may, after giving the holder of a certificate of registration, or a certificate of manufacture or any other certificate granted under this Act, an opportunity of being heard, suspend or cancel such certificate on any of the following grounds namely: -
(i) that such certificate has been obtained by fraud or misrepresentation as to material particulars:
(ii) that any of the provisions of this Act or any of the terms and conditions of such certificate has been contravened or not fulfilled.
Provided that while canceling the certificate the holder thereof may be allowed a period of 30 (thirty) days to dispose of the balance stock of bio-fertilisers if any held by him:
Provided further that the stock of Bio-fertiliser lying with the holder after the expiry of the said 30 (thirty) days period shall be confiscated:
(2) Where the contravention alleged to have been committed by a person is such as should, on being proved, justify canceling of the certificate of registration or, as the case may be certificate of manufacture or any other certificate granted under this Act to such person the registering authority or as the case may be, the Controller may without any notice, suspend such certificate as an interim measure:
Provided that the registering authority, or as the case may be Controller shall immediately furnish to the affected person/persons details and the nature of contravention alleged to have been committed by such person/persons and, after giving the person/persons an opportunity of being heard, pass final orders either revoking the order of suspension or canceling such certificate within fifteen days from the date of issue of the order of suspension:
Provided further that where no final order is passed within the period as specified above, the order of interim suspension shall be deemed to have been revoked without prejudice, however to any further action which the Registering authority or, as the case may be the Controller may take against the holder of the certificate of registration under sub-section (1) .
(3) Whenever a certificate is suspended or cancelled under this section, the registering authority or as the case may be, the controller shall record a brief statement of reasons for such suspension or, as the case may be cancellation and furnish a copy thereof to the person whose certificate has been suspended or cancelled.
(4) Whenever a person is alleged to have committed the contravention, the registering authority shall, within a period of fifteen days from the date of issue of such order of suspension or cancellation furnish to the Controller also, besides sending the same to the person whose certificate has been suspended or cancelled, a detailed report about the nature of contravention committed and a brief statement of the seasons for such suspension or, as the case may be cancellation:
Provided that the Controller, shall in case of the order of suspension passed by the registering authority, on receipt of the detailed report and after giving the person an opportunity of being heard, pass final order either revoking the order of suspension or cancelling the certificate of registration, within fifteen days from the date of receipt of the detailed report from the registering authority, failing which the order of interim suspension passed by the registering authority shall be deemed to have been revoked, without prejudice however to any further action which the Controller may take against the holder of certificate of registration under subsection (1) . Provided further that the order of cancellation passed by the registering authority shall remain effective as if it has been passed by the Controller till such time the Controller, on receipt of the detailed report from the registering authority and if deemed necessary after giving the person a fresh opportunity of being heard, pass the final order either revoking or confirming the order of cancellation.
### 26. Appeal.
- Any person aggrieved by any of the following orders or action of registering Authority or as the case may be the Controller may appeal to such authority as may be prescribed by the Government,-
(i) refusing to grant, amend or renew the certificate of registration for sale of Bio-fertilisers.
(ii) refusing to grant a certificate of manufacture for production of Bio-fertilisers.
(iii) suspending or cancelling a certificate of registration of a manufacturer/ dealer.
(iv) Non issuance of certificate of Registration to any person within a period of 60 (sixty) days from the date of receipt of such order or as the case may be from the date of expiry of such stipulated period, and the decision of such authority shall be final.
### 27. Grant of duplicate copies of certificate of Registration etc.
- Where a certificate of registration or a certificate of manufacture or any other certificate granted or as the case may, be renewed under this Act is lost, tom or spoiled or defaced as the case may be, the registering authority or as the case may be, the Controller may on an application made in this behalf together with the fee prescribed for the purpose under Section 30 of the Act grant a duplicate copy of such certificate.
### 28. Amendment of Certificate of Registration.
- The registering authority or as the case may be the Controller may amend the certificate of Registration on an application made in this behalf together with the fee as prescribed under Section 30 of the Act.
### 29. Maintenance of Records and submission of returns etc.
(1) The Controller may be an order made in writing direct the dealer/ manufacturer, -
(i) to maintain such books of accounts, records etc, relating to their business in form as may be prescribed, and
(ii) to submit to such authority, returns and statements in such form and containing such information relating to their business and within such time as may be specified in this Act.
(2) Where a person holds certificate of registration for sale of Bio fertilisers, he shall maintain separate books of Account for the sales made by him.
(3) Where the Government or a manufacturer holds a valid certificate of registration for sale of Bio-fertilisers, they shall maintain separate books of accounts for the sales made by them.
### 30. Fees.
(1) The fees payable for grant, amendment or renewal of certificate of registration, or certificate of manufacture, or grant of duplicate of such certificates or renewal thereof under this Act shall be such as the Government may from time to time fix for different purposes.
(2) The authority to whom and the manner in which the fee fixed under subsection (1) shall be such as may be notified by the Government.
(3) Any fee paid under sub-section (1) shall not be refundable unless the grant or renewal of any certificate of registration or certificate of manufacture to grant of duplicate copy of such certificate or renewal under this Act has been refused.
### 31. Offences and penalities.
(1) Whoever, -
(i) manufactures, sells, stocks or exhibits for sale or distributes any Biofertiliser deemed to be nonstandard under Section 2 (10); or
(ii) manufactures, sells, stocks or exhibits for sale or distributes a Bio fertiliser without a certificate of Registration; or
(iii) manufactures, sells or distributes a Bio-fertiliser in contravention of Section 12; or
(iv) obstructs a Bio-fertiliser inspector in the exercise of his powers of charge of this Act,-
shall be punishable,-
(a) for the first offence, with imprisonment for a term which may extend to one year or with fine which may extend to rupees fifty thousand, or with both;
(b) for the second and subsequent offence with imprisonment of a term which may extend to two years or with fine which may extend to rupees one lakh, or with both.
(2) Whoever contravenes any other provisions of this Act or any conditions of Certificate of registration granted thereunder shall be punishable;-
(a) for the first offence with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both;
(b) for the second subsequent offence with imprisonment for a term which may extend to two years, or with fine which may effected to twenty thousand or with both.
(3) If any person convicted by the under this Act committees a like offence afterwards, it shall be lawful for the Court before which the second or subsequent conviction takes place to cause the offenders name and place of residence, the offence and penalty imposed to be published in such newspapers or in such other manner as the court may direct.
### 32. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Government or any officer, authority or person empowered to exercise the powers and perform the functions by or under this Act for anything which is done in good faith or intended to be done under this Act or the rules or orders made thereunder.
### 33. Power to remove difficulties.
- If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of doubt or difficulty:
### 34. Power to make Rules.
(1) The Government may, by notification, make rules for carrying out all or any of the purpose of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified from or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 35. Repeal of Ordinance 23 of 2005.
- The Andhra Pradesh Bio-Fertilisers (Monitoring and Quality Control) Ordinance, 2005 is hereby repealed.
I
---
(See Section 2(1) )
Part-A Specifications of Bio Fertilisers
### 1. Nitrogen Fixing Bio-Fertilisers: - A. Rhizobium Inoculants (RI) (IS 8268 - 2001)
(i) RI shall be carried based the colour depending on the colour of the carrier
(ii) RI shall contain a minimum of 10(7) viable Rhizobium cells/g of the carrier on dry - mass basis till 6 months expiry period from the date of manufacture. The number shall be counted by the plate count method as given in 4.2 and 4.3 of 1A of Part B of Schedule-II.
(iii) RI shall have a maximum of six months expiry period from the date of manufacture.
(iv) RI shall have no contamination with other micro-organisms at 10(5) dilution when counted as given in 4.3 of 1 A of Part B of Schedule- II.
(v) The pH of RI shall be between 6.5 and 7.5 when tested as given in Annexure-A.
(vi) RI shall show effectiveness nodulation on all those species and / or cultivars on the packet before the expiry date when tested. If good effectiveness pink nodulation is obtainable in the inoculated species together with total absence or sometimes presence of stray nodules in the controls, it should be concluded that RI contains effective Rhizobium the total dry mass of inoculated plants shall be significantly higher than that of the un-inoculated controls and at least 50 percent more than the controls.
(vii) The carrier material such as peat, lignite, peatsoil, humus favouring growth to be neutralized with calcium carbonate and sterilized shall be in the form of a powder capable of passing through 150 to 212 micron (72 to 100 mesh) IS sieve.
(viii) Specified mother culture be obtained from any recognized institution maintaining the mother cultures. The manufacturer may control the quality of the broth, it should get verified at least by two institutions as mentioned below:
Note. - At present National Bio-fertiliser Development center and (NBDC) , Ghaziabad and its Six Regional Centres located at Bangalore, Bhubaneshwar, Imphal, Hissar, Jabalpur and Nagpur, Indian Agricultural Research Institute (IARI), New Delhi, Tamil Nadu Agricultural University (TNAU) Coimbatore, University of Agricultural Science, Bangalore are sources for supplying the mother culture.
(ix) The RI carrier shall be in the form of fribal (moist) with 30-40 percent (m/ m) moisture content when tested as given in Annex-B.
(B) Azotobacter Chroococcum Inoculants (AI) (IS 9138 -2002)
(i) AI shall be carrier- based, the colour depending on the colour of the carrier.
(ii) AI shall contain a minimum of 10(7) viable Azotobacter cell/g of the carrier on dry - mass basis till 6 months expiry period from the date of manufacture. The number shall be counted by the plate count method as given in 4.2 of 1 A of Para B of Schedule II and Azotobactor Chroococcum colonies are gummy, raised with or without striations, viscous and often sticky. The pigmentation varies from very light brown to black. Count the colony number and observe the cyst formation as given Part B - Schedule II (4.2) and calculate number per gram of the carrier material.
(iii) AI shall have a maximum of six months expiry period from the date of manufacture.
(iv) AI shall have no contamination with other microorganisms at 10(5) dilution.
(v) The pH of AI shall be between 6.5 and 7.5 when tested as given in -A.
(vi) The carrier material such as peat, lignite, peatsoil, humus favouring growth to be neutralized with calcium carbonate and sterilized shall be in the form of a powder capable of passing through 150 to 212 micron (72 to 100 mesh) IS sieve.
(vii) Specified mother culture be obtained from any recognized institution maintaining the mother cultures. The manufacturer may control the quality of the broth, it should get verified atleast by two institutions as mentioned in VIII of 1 of Part A of Schedule -I.
(viii) The AI carrier shall be in the form of fribal (moist) with 30-40 percent (m/ m) moisture content when tested as given in Annexure-B
C. Azospirillum Inoculants (ASI) (IS 14806-2000)
(i) ASI shall contain 10(7) viable Azospirillum cells / g of the carrier material on dry mass basis.
(ii) ASI shall no contamination with other microorganisms at 10(5) dilution. ASI contamination in semi solid medium should be checked by semi dilution and spread plate method with solid complete medium.
(iii) The pH of ASI shall be 6.5 to 7.5 when tested as given in Annexure-A
(iv) The ASI carrier shall be in the form of fribal (moist) with 30-40 percent moisture. When tested as given in Annexure-B
(v) ASI shall show effective root development on all cultivars/crops against which the Inoculant is intended to be used.
(vi) Specified mother culture be obtained from any institution maintaining the mother cultures. The manufacturer may control the quality of the both, it should get verified atleast by two institutions as mentioned in VIII of I of past A of schedule-I.
### 2. Phosphate Solubilising Bacterial Inoculant (PSBI) (IS 14807-2000) (i)
PSIB shall contain 10(7) available phosphate solubilising bacterial cells / g of the carrier material on dry mass basis.
(ii) PSBI shall be carrier based colour depending on the colour of the carrier. Carrier material such as peat, lignite charcoal may be used. It shall be neutralized with calcium carbonate and then sterlised. When tested it shall pass through 100 micron sieve.
(iii) PSBI shall have no contamination with other microorganisms at 10(5) dilution.
(iv) The pH of PSBI shall be 6.5 to 7.5.
(v) The PSBI carrier shall be in the form of fribal (moist) with 30-40 percent (m/m) moisture content when tested as given in Annexure-B.
(vi) PSBI shall have phosphate solubilising capacity in the range of minimum 30 percent in terms of zone formation minimum 30 percent in terms of zone formation minimum 10 mm solubilisation zone in a prescribed solid having at least 3 mm thickness. When tested by the method prescribed in Annexure-C.
(vii) Specified mother culture be obtained from any recognized institution maintaining the mother culture. The manufacturer may control the quality of broth, it should get verified at least by two institutions mentioned in VIII of I of Part A of schedule-I.
I
---
Part B – Packing Marking and Storage
--------------------------------------
### 1. Rhizobium: ###
1. Packing. - RI shall be packed material of low density polyethylene / polypropylene bags thickness of which shall be 75-100 micron minimum.
### 2. Marking. - Each packet shall be marked legibly to give the following information: (i) Name of the product, specifically as Rhizobium inoculant
(ii) Leguminous crop for which intended
(iii) Name and address of the manufacturer
(iv) Type of the carrier;
(v) Batch or code number
(vi) Date of manufacture
(vii) Date of expiry (agreed between the manufacturer and the purchaser subject to minimum 6 months from the date of manufacture)
(viii) Net quantity and the area meant for
(ix) Storage instructions worded as under: STORE IN COOL PLACE AWAY FROM DIRECT SUN AND HEAT'
(x) Any other information.
### 3. Item (ii) , (vi) and (vii) shall be printed on a colour ink background ###
4. Directors for the use of RI shall be printed brief on the packet as given in - Annexure D. A separate pamphlet may preferably be given with it.
### 5. The product may also be marked with the standard mark ###
6. The use of the standard mark in governed by the provisions of the Bureau of Indian Standards Act 1986 and the rules and regulations made there under. The details of conditions under which the license for the use of the standard Mark may be granted to manufacturers or producers may be obtained from the Bureau of Indian Standards.
### 7. RI shall be stored by the manufacturer in a cool and dry place away from direct heat preferably at a temperature of 15 C to 30 C. It shall also be the duty of the manufacture to instruct the retailers and. in turn the users about the precautions to be taken during storage. ###
2. Azotobactor:
### 1. Packing. - AI shall be packed in packaging material of low density polythene / polypropylene bags thickness of which shall be 75-100 micron minimum. ###
2. Marking. - Each packet shall be marked legibly to give the following information.
(a) Name of the product, specifically as Azotobactor inoculant;
(b) Non-leguminous crop for which intended
(c) Name and address of the manufacturer
(d) Type of the carrier
(e) Batch of code number
(f) Date of expiry (agreed between the manufacturer and the purchaser subject to minimum 6 months from the date of manufacture)
(g) Net quantity and rate of application.
(h) Storage instructions worded as under Store in Cool Place Away From Direct Sun and Heat
(i) Any other information.
### 3. Direction for the use of AI shall be printed briefly on the packet as given in Annexure-D. A separate pamphlet may preferably be given with it. ###
4. The product may also be marked with the standard mark.
### 5. The use of the standard mark is governed by the provisions of the Bureau of lndian Standards Act, 1986 and the rules and regulations made there under. The details of conditions under which the license for the use of standard mark may be granted to manufacturers or producers may be obtained from the Bureau of Indian Standards. ###
6. AI shall be stored by the manufacturer in a cool and dry place away from direct heat preferably at a temperature of 15°C to 30°C. It shall also be the duty of the manufacturer to instruct the retailers and, in turn the users about the precautions to be taken during storage.
### 3. Azospirillium ###
1. Packing. - ASI shall be packed in polyethylene packs, thickness which shall not be less than 75-100 micron.
### 2. Marking. - Each polyethylene packs shall be marked legibility and indelibly with the following information. (a) Name of the product, specially as Azospirillium inoculant.
(b) Name and address of the manufacturer
(c) Crop (S) for which intended
(d) Type of the carrier used.
(e) Batch number
(f) Date of manufacture
(g) Expiry date which shall not be less than months from the date of manufacture
(h) Net mass in kg and area meant for;
(i) Storage instructions worded as under: STORE IN COOL PLACE AWAY FROM DIRECT SUNLIGHT AND HEAT.
(j) Any other information required under the Standards of Weights and Measures (packaged commodities) Rules 1977
### 3. Direction for use of ASI shall be printed briefly on the packets as given in Annexure -D of the standard. A separate pamphlet may preferable by given with it. ###
4. The product may also be marked with the Standard Mark.
### 5. The use of the Standard Mark is governed by the provisions of Bureau of Indian Standards Act, 1986 and rules and regulations made there under. The details of conditions under which the license for the use of standard mark may be granted to manufacturer or producers may be obtained from the Bureau of Indian Standards. ###
6. ASI shall be stored by the manufacturer in a cool and dry place away from direct heat preferably at a temperature of 20°C and not exceeding 30°C. It shall also be the duty of the manufacturer to instruct the retailers and, in turn, the users about the precautions to be taken during storage.
### 4. Phosphates Solublising Bacterial Inoculant (PSBI) ###
1. Packing. - PSBI shall be packed in polyethylene packs, thickness of which shall not be less than 100 micron.
### 2. Marking. - Each polyethylene packs shall be marked legibly and indelibly with the following information. (a) Name of the product, specially as Phosphate solubilising bacterial inoculant;
(b) Name and address of the manufacturer.
(c) Crop (S) for which intended
(d) Type of the carrier used.
(e) Batch number
(f) Date of manufacture
(g) Expiry date which shall not be less than 6 months from the date of manufacture
(h) Net mass in kg and area meant for;
(i) Storage instructions worded as under. - Store In Cool Place Away From Direct Sunlight and Heat.
### 3. Direction for use of PSBI shall be printed briefly on the packets as given in Annexure-D of the standard. A separate pamphlet may preferably be given with it. ###
4. The product may also be marked with the Standard Mark.
### 5. The use of the Standard Mark is governed by the provisions of Bureau of Indian Standards Act, 1986 and rules and regulations made there under. The details of conditions under which the license for the use of standard mark may be granted to manufacturer or producer may be obtained from the Bureau of Indian Standards. ###
6. PSBI shall be stored by the manufacturer in cool and dry place away from direct heat preferably at a temperature of 20°C and not exceeding 30°C. It shall also be the duty of the manufacturer to instruct the retailers and in turn the users about the precautions to be taken during storage.
II
----
Part-A (See Section 21)
Procedure for Sampling of Biofertilisers
### 1. General Requirements. - 1.0. In drawing, preparing and handling the samples, following precautions and direction shall be observed. 1.1
Sampling shall be carried out by a trained and experienced person as it is essential that the sample should be representative of the lot to be examined.
1.2
Since the samples are also required for micro biological analysis, utmost care is necessary to avoid extraneous contamination while drawing and handling the samples and to preserve them in their original conditions till they are ready for examination in the laboratory.
1.2.1
. No preservation or bacteriicidal/ fungicidal agent shall be added to samples required for micro-biological analysis.
1.3
Simples in their original up opened packets should be drawn and sent to the laboratory. This will prevent possible contamination of the samples during handling and also help in revealing the true conditions of the material.
1.4
Intact packets shall be drawn from a protected place not exposed to dampness, air, light, dust or soot and transferred to clean containers.
1.5
The sampling appliances and sample containers shall be sterile.
1.6
All precautions shall be taken to protect the sample the material being sampled, the sampling instruments and the sample container against adventitious contamination at the time of drawing the sample, opening containers and transferring the samples.
### 2. Sample Equipment. - 2.1. A suitable scoop made of stainless steel may be used for drawing samples. 2.2
The sampling equipment shall be perfectly clean and sterile. It shall be properly sterlised by heating in a hot air oven at 160°C for not less than 2 h or by autoclaving for not less than 20 min at 120°C and held in suitable containers to prevent recontamination.
### 3. Scale of Sampling. - 3.1. Lot All units (containers in a single consignment of type of material belonging to the same batch of manufacture) shall constitute a lot. If a consignment consists of different batches of the manufacture the containers of the same batch shall be separated and shall constitute a separate lot.
3.2
Batch. - An inoculant prepared from a batch fermentor or a group of flasks (containers) constitute a batch.
3.3
For ascertaining conformity of the material to the requirements of the specification, samples shall be tested from each lot separately.
3.4
The number of packets to be selected from a lot shall depend on the size of the lot and these packets shall be selected at random and in order to ensure the randomness of selection.
### 4. Drawl of samples. - Three(3) samples should be drawn separately from each lot as per 1.3 of part A of schedule-11. One sample should be sent for analysis, one has to be handed over to the dealer under acknowledgement, and one will be treated as referee sample. 4.2
The samples should be put in a cloth bag which may be sealed as specified in From K along with other details like sample no. / code no. which enables its identification.
II
----
Part-B (See Section 22)
### 1. A. Method of Analysis of Rhizobium Bio-Fertilisers ###
1. Apparatus. - 1.1. Pipettes Graduated 1 ml and 10 ml
1.2
Dilution Bottles or Flasks
1.3
Petri Dishes Clear, Uniform, flat-bottomed.
1.4
Hot - Air Oven Capable of giving uniform and adequate temperature equipped with a thermometer, calibrated to read up to 250 C and with vents suitably located to assure prompt and uniform heating.
1.5
Autoclave
1.6
Incubator
1.7
Hand Tally or Mechanical counting Device
1.8
pH meter
### 2. Reagents. - 2.1. Congo Red and one percent aqueous solution 2.2
Medium
Use a plating medium of the following composition
| | |
| --- | --- |
|
Agar
|
20 g
|
|
Yeast Extract
|
1 g
|
|
Mannitol
|
10 g
|
|
Potassium hydrogen phosphate (K2HP04)
|
0.5 g
|
|
Magnesium sulphate (MgS04 7H20)
|
0.2 g
|
|
Sodium Chloride (NaCL) |
0.1 g
|
|
Congo red
|
2.5 ml
|
|
Distilled water
|
1000 ml
|
|
PH
|
7.0
|
2.3
Sterlising and preparation procedure for plates:
### 2. ###
3.
l. Sterlise the sampling and plating equipment with diy heat in a hot air oven at not less than 160°C for not less than 2 hours.
2.3.2
. Sterlise the media by autoclaving at 120°C for 20 min. To permit passage of steam into and from closed containers when autoclaved, keep stoppers slightly loosened. Air from with in the chamber of the sterlise should be ejected allowing steam pressure to rise.
Preparation of Plating Medium and Pouring
2.3.3
. Prepare growth medium in accordance with the composition indicated in 2.2.
2.3.4
. Melt the required amount of medium in boiling water or by exposure to following steam in partially closed container but avoid prolonged exposure to unnecessarily high temperature during and after melting. Melt enough medium which will be used with in 3h.
Re-sterlisation of the medium may cause partial precipitation of ingredients.
2.3.5
. When holding time is les than 30 min, promptly cool the melted medium to about 45°C, and store until used, in a water bath or incubator at 43 to 45°C. introduce 12 to 15 ml of liquefied medium or appropriate quantity depending on size of the petridish at 42 to 44°C into each plate. Gently lift the cover of the dish just enough to pour in the medium, Sterlise the lips of the medium containers by exposure to flame.
a. immediately before pouring.
b. periodically during pouring, and
c. when pouring is complete for each batch of plates, if portions of melted medium remain in containers and are to be used without subsequent and are to be used without subsequent sterilization for pouring additional plates. As each plate is poured thoroughly mix the medium with test portions in the Petri dish.
2.3.6
. By rotating and tilting the dish and without splashing the medium over edge, spread the medium evenly over the bottom of the plate. Provided conditions so that the medium solidifies with reasonable promptness (5-10 min) before removing the plates from level surface.
### 3. Preparation of Serial Dilutions for Plate Counts. - 3.1. Dispense 30 g of Inoculant to 270 ml of sterile distilled or demineralized water and shake for 10 min on a reciprocal shaker or homogeniser. Make serial dilutions up to 10 (10) Take 0.2 ml or suitable aliquots of 10(6) to 10 (9) dilutions using sterile pipette and deliver to Petri dishes containing set medium as given in 2.1 and spread it uniformly. Invert the plates and promptly place them in the incubator. ###
4. Incubation of Plates. - Label the plates and incubate at 28 +/-2°C for 3 to 5 days for fast growing Rhizobia and 5 to 10 days slow growing ones
4.2
Colony Counting aids.
Count the colonies with the aid of magnifying lens under uniform and properly controlled artificial illumination. Use a colony counter, equipped with a guide plate and rules in centimeter square. Record the total number of colonies with the hand tally. Avoid mistaking particles of un-dissolved medium or precipitated matter in plates for pin-point colonies. The distinguish colonies form dirt, specks and other foreign matter, examine doubtful objects carefully.
4.3
Count all plates but consider for the purpose of calculation plates showing more than 30 and less than 300 colonies per plate. Disregard colonies which absorb Congo red and stand out as reddish colonies. Rhizobium stands out as white, translucent, glistening and elevated colonies. Count such colony numbers and calculate figures in terms of per liter, of carrier. Also check for freedom from contamination at 10 (8) dilution.
### 1. B. Method of Analysis of Azotobactor Bio-Fertiliser ###
1. Apparatus - same as 1 of 1A of part B of schedule-II.
### 2. Reagents. - 2.1. Medium Use a plating medium of the following composition
| | |
| --- | --- |
|
Agar
|
20 g
|
|
Sucrose (C12 H2 Ol 1)
|
20.0 g
|
|
Ferric sulphate (Fe2 (S04)2)
|
0.1 g
|
|
Dibasic potassium phosphate (K2HP04)
|
1.0 g
|
|
Magnesium sulphate (MgS04, 7H20)
|
0.5 g
|
|
Sodium Chloride (NaCl) |
0.5 g
|
|
Calcium carbonate (CaC02)
|
2.0 g
|
|
Sodium Molybdate (Na2 MO 04)
|
0.005 gm
|
|
Distilled water 1000 ml
|
pH 6.8 to 7.2
|
2.2
Sterlising & preparation procedure for plates:
Same as 2.3.1 and 2.3.2 of 1 A of Part B of schedule-II
Preparation of Plating Medium and Pouring
Same as 2.3.3, 2.3.4, 2.3.5 & 2.3.6 of 1 A of part B schedule-II.
### 3. Preparation of Serial Dilutions for Plate Counts. - Dispense 30 g of Inoculant to 270 ml of sterile distilled water and shake for 10 min on a reciprocal shaker. Make serials dilutions up to 1010Take 0.2 ml or suitable aliquots of 106 to 109 dilutions using sterile pipettes and deliver to Petri dishes containing set medium as given in 2.1 and spread it uniformly. Invert the plates and promptly place them in the incubator. ###
4. Incubation of Plates. - 4.1. Label the plates and incubate at 28+/ - 3°C for 4 to 6 days.
4.2
Colony counting aids
Same as 4.2 of 1 A of Part B of Schedule-II
Azotobactor chrococcum colonies are gummy raised with or without striations, viscous and often sticky. The pigmentation varies from very light brown to black. Count the colony number and observe the cyst formation as given below and calculate number per grant of the carrier material.
Grow the vegetative cells at 30 C on Burks agar medium comprising sucrose 20 g, dipotassium hydrogen phosphate 0.64 g, dihydrogen potassium phosphate 0.20 g; sodium chloride 0.20 g; calcium sulphate 0.05 g, sodium molybdate 0.001 g; ferric sulphate 0.003 g. agar 20 g and distilled water 1.000 ml. Look for vegetative cells after 18 to 24 h either by simple staining method or through a phase contrast microscope.
Grow the cyst cells on Burks agar medium as given above with 0.3 percent n-butanol in place of the carbon source. Look for cyst formation after 4 to 5 days incubation.
### 1. C. Method of Analysis of Azospirillum Bio-Fertiliser
### 1. Apparatus. - same as 1 A of Part B of schedule II ###
2. Reagents. - 2.1. Medium
Use a plating medium of the following composition
| | |
| --- | --- |
|
Malic acid
|
5.0 g
|
|
Potassium hydroxide
|
4.0 g
|
|
Di-potassium hydrogen phosphate
|
0.5 g
|
|
Ferrous sulphate
|
0.05 g
|
|
Manganese sulphate
|
0.01 g
|
|
Magnesium sulphate
|
0.1 g
|
|
Sodium chloride
|
0.2 g
|
|
Calcium chloride
|
0.1 g
|
|
Sodium Molybdate
|
0.002 g
|
|
Distilled water
|
1000ml
|
|
Boromothymol blue (0.5% alcoholic solution)
|
2.0 m.
|
|
Agar
|
1.7 g
|
|
PH adjusted to
|
6.5 - 7.0
|
2.2
Sterlising & preparation procedure for plates. - Same as 2.3.1 and 2.3.2 of 1 A of Part B of schedule - II
Preparation of Plating Medium and Pouring. - Same as 2.3.3, 2.3.4, 2.3.5 & 2.3.6 of 1 A of part B of schedule - II.
### 3. Preparation Of Serial Dilutions for Plate Counts. - Same as IB of part B of schedule-II ###
4. Incubation of Plates. - 4.1. Label the plates and incubate at 28+/ - 3°C for 4 to 6 days.
4.2
Colony counting aids: Same as 4.2 of 1 A of part B of schedule-II
Counting
Counting the tubes or plates which have turned blue in colour after inoculation and ascertain the presence of pellicles in undisturbed medium. To determine usual contamination on the same examine doubtful objects carefully.
Count all plates/ tubes which have turned blue and consider them for the purpose of calculation. Count such type of tubes/ plates and tally this court with MPN table Annexure-E to get the number of cells per gram of the carrier.
| |
| --- |
|
Azospirillum Count/g of carrier =| MPN table value x Dilution levelDry mass of product
|
### 1. Apparatus. - same as 1 A of Part B of schedule-I ###
2. Reagents. - 2.1. Medium
Use a plating medium of the following composition:
| | |
| --- | --- |
|
Glucose
|
10.0 g
|
|
Tri-calcium phosphate
|
5.0 g
|
|
Ammonium sulphate
|
0.5 g
|
|
Magnesium sulphate
|
0.1 g
|
|
Sodium Chloride
|
0.2 g
|
|
Yeast extract
|
0.5 g
|
|
Manganese sulphate
|
Trace
|
|
Ferrous sulphate
|
Trace
|
|
Distilled water
|
1000 ml
|
|
Agar
|
15.0 g
|
|
PH adjusted to 7 +/- 0.2
|
|
2.2
Sterlising & preparation procedure for plates. - Same as 2.3.1 and 2.3.2 of 1 A of Part B of schedule-II
Preparation of Plating Medium and Pouring. - Same as 2.3.3, 2.3.4, 2.3.5 & 2.3.6 of 1 A of part B of schedule-II.
### 3. Preparation of Serial Dilution for Plate Counts. - Same as 1 B of part B of schedule-II ###
4. Incubation of Plates. - 4.1. Label the plates and incubate at 28+/ - 3°C for 4 to 6 days.
4.2
Colony counting aids: Same as 4.2 of 1 A of part B of schedule - II
Counting
Count the total number of colonies on the plates including colonies with solubilisation zone with the help of a colony counter.
Methods for counting solubilisation zones. - (a) Take 10 g of PSBI (BF) in 90 ml in water
(b) Make a ten fold dilution series up to 107
(c) Take 0.2 ml aliquote of 105 to 107 dilution using sterile pipettes and delivered to Petri dishes containing pikowskeyi media.
(d) Spread it uniformly, Invert the plates and incubate them up to 2 weeks at 28+/- 2°C.
(e) Count the colonies showing hallow cones and measure their diameter. Minimum acceptable zone is 10 mm in diameter.
Guidelines of Maintenance and Preparation of Culture and Quality Control at Broth Stage.
### 1. Rhizobium: ###
1. Maintenance of pure cultures. - 1.1. Maintain pure cultures of rhizobia on yeast extract mannitol agar (YEMA) slants of the following composition.
| | |
| --- | --- |
|
Mannitol
|
10.0 g
|
|
Potassium hydrogen phosphate (k2HP04)
|
0.5 g
|
|
Magnesium sulphate (MgS04 7H20)
|
0.2 g
|
|
Sodium chloride (NaCl) |
0.1 g
|
|
Calcium Carbonate (Ca C03)
|
1.0 g
|
|
Yeast extract
|
1.0 g
|
|
Agar
|
18.0 g
|
|
Distilled water
|
1 liter
|
|
pH
|
6-8-7.0
|
1.2
Transfer a loopful of the pure culture to each of the slants aseptically in an inoculation room and incubate at 28+/- 2°C for 3 to 10 days depending upon the species of Rhizobium. Always keep pure cultures at 4°C.
### 2. Preparation of Inoculum Cultures 2.1
Prepare yeast monnitol broth of the composition as given in 1.1. minus the agar.
2.2
Transfer a loopfull of the culture into a 100/250 ml conical flasks containing the broth. Incumbate the flasks at 28+- 2°C on the rotary shaker for 2 to 6 days.
### 4. Quality Control Tests Recommended at Broth Stage. - 4.1. Qualitative Tests 4.1.1
. Check for freedom from visible contaminants
4.1.2
. The pH of the bacterial broth shall normally be between 6.5 and 7.5
4.1.3
. Smear and Gram stain
4.1.3.1
. Reagents
a. Ammonium oxalate crystal violet stain weigh 0.2 g of crystal violet and dissolve in 20 ml of 95 percent ethyl alcohol. Dissolve separately 0.8 g of ammonium oxalate in 80 ml of distilled water. Mix the two solutions and fitter through a filter paper.
b. Iodine solution
| | |
| --- | --- |
|
Iodine
|
1.00 g
|
|
Potassium Iodide
|
2.00 g
|
|
Distilled water
|
300 ml
|
Weigh the ingredients and dissolve in water. Filter through a filter paper.
c. Erythrosine
| | |
| --- | --- |
|
Erythrosine
|
1.00 g
|
|
Phenol
|
5.00 g
|
|
Distilled water
|
100 ml
|
Weight the ingredients, dissolve in distilled water and filter through a filter paper.
4.1.3.2
. Procedure
Prepare a smear on a claim microscope slide, fix over a flame by gentle and intermittent heating, air cool and flood with ammonium oxalate crystal violet stain for 1 min. After removing the excess of ammonium oxalate crystal violet, wash the slide under a gentle stream of running tap water. Flood the slide with iodine solution for half of minute remove excess stain wash with 95 percent ethyl alcohol and finally wash under a gentle stream of running tap water. Flood the slide with erythrosine stain for about 3 min, wash under a gentle stream of running tap water and dry between the folds of a filter paper. Examine the slide under a compound microscope using an oil immersion objective.
Note. - A smear prepared from undiluted broth should be free from Gram positive cells. The presence of a few gram positive cells in occasional fields which may be due to dead cells in the medium maybe disregarded.
4.1.4
. Absence of Growth on Glucose -Peptone Agar
The composition of the glucose - peptone agar is as follows:
| | |
| --- | --- |
|
Glucose
|
10.0 g
|
|
Peptone
|
20.0 g
|
|
Sodium chloride (NaCI) |
5.0
|
|
Agar (IS 6850}
|
15.0
|
|
Distilled water
|
1000 ml
|
|
Bromocresol purple
|
10 ml of
|
|
ethyl alcohol solution
|
1.6 persons
|
|
pH
|
7.2
|
Note. - When a loopful of the broth is streaked into this medium and incubated at 28+/- 2°C for 24 h, the purple violet colour of the medium (due to the indicator bromocresol purple) shall not change. If the colour changes to yellow (acidic reaction) or blue (alkaline reaction) the broth is grossly contaminated Hence, the broth should be rejected.
4.1.5
. Streak on yeast Extract monnitol Agar with Congo Red
When a loopful of broth culture is streaked to plate of this medium and incubated at 28 +/- 2°C for 3 to 10 days, it shall show colonies of bacteria with growth characteristics same as that of the pure culture use in the preparation of the broth, Other wise, the broth should be rejected.
4.2
Quantitative Test
4.2.1
. Viable or Plate Counts
Serially dilute one milliliter of the broth to obtain dilutions of the order of 106 to 109. Plate 0.2 ml aliquots of the dilutions on YEMA plates and incubate at 28 +/- 2°C for 2 to 6 days, depending on the species of Rhizobium. The counts of viable Rhizobium in the final broth from shake culture or fermentors shall be not less than 108 to 109 cells/ml. Other wise, the broth should be rejected.
### 2. Azotobactor ###
1. Maintenance of pure cultures.
1.1
Maintain pure cultures of Azotobactor on slants of the following composition
| | |
| --- | --- |
|
Agar
|
20 gm
|
|
Sucrose
|
20 gm
|
|
Ferric Sulphate
|
0.1
|
|
Dibasic Potassium Phosphate
|
1.0 gm
|
|
Magnesium Sulphate
|
0.5 gm
|
|
Calcium carbonate
|
2.0 gm
|
|
Sodium Molybdate
|
0.005 gm
|
|
Distilliled water
|
1000 ml
|
|
PH
|
6.8 to 7.2
|
1.2
Transfer a loopful the pure culture to each of agar slants aseptically in an inoculation room and incubate at 28 +/- 2°C for 3 to 10 days depending upon the species of Azotobactor. Always keep culture pure cultures at 5°C.
### 2. Preparation of inoculum culture. - 2.1 Prepare Jonsons media broth of the composition as given in 1.1. minus the agar 2.2
Transfer a loop full of the culture into 100ml/250 ml, conical flask containing the broth. Incubate the flasks at 28 +/- 2°C on a rotary shaker for 2 to 6 days.
### 3. Quality control Tests recommended at broth stage. 3.1
Qualitative test. - 3.1.1 Check for free from contaminants by preparing slide and observing under microscope.
3.1.2
The pH by bacterial broth shall normally be between 6.5 to 7.0
3.1.3
Gram staining test shall be carried out as described in 4.1.3, 4.1.3.1 and 4.1.3.2 of Rhizobium of this standard.
3.2
Quantitative test
3.2.1
. Viable cell count: same as 4.2. of IB of part B of Schedule II
### 3. Azospirillum ###
1. Maintenance of pure cultures. - 1.1. Maintenance of pure cultures of Azospirillum on nitrogen free bromothymol blue medium and maintain as semi solid medium as described in 2.1 of this standard 1C of part B of Schedule II
1.2
Transfer a loopful of pure culture to each of the agar culture tube aseptically in an inoculation room and incubate 28 +/- 2°C for three days and keep in undisturbed.
Always keep pure culture below 5°C.
### 2. Preparation of Inoculum culture. - Inoculum culture shall be prepared as described in 2.1, 2.2 of Rhizobium of this standard. ,, ###
3. Quality Control Test recommended at Broth Stage
3.1
Qualitative Test
3.1.1
. Check for free from contaminants by preparing slide and observing under microscope.
3.1.2
. The pH of bacterial broth shall normally be between 6.5 to 7.0.
3.1.3
. Gram staining test shall be carried out as described in 4.1. 3., and 4.1.3.1 & 4.1.3.2. of Rhizobium of this standard.
3.1.4
. See the colour change in the media after 24 hours from inoculation. The colour will change from green to blue.
3.1.5
. Watch the pellicle just below the surface of the media. It checked on the third day after keeping inoculated broth undisturbed.
3.2
Quantitative Test
3.2.1
. Most Probable Number (MPN) as given in Annexure-E. The counts of Azosprillium in the final broth from shake culture or fermentors shall be not less than 108 to 109 cells / ml. Other wise the broth should be rejected.
### 4. Phosphate Solubilizing Bacterial Inoculant (PSBI) ###
1. Maintenance of pure cultures. - 1.1. Maintain pure culture of PSBI on the medium as described in 2.1 of 1 D of part B of schedule- II in the form of slants
1.2
Transfer a loopful of pure culture to each of the agar slants aseptically in an inoculation room and incubate at 28 + /- 2°C for three days. Always keep pure culture below 5°C.
### 2. Preparation of Inoculum culture. - Inoculum culture shall be prepared as described in 2.1, 2.2. of Rhizobium changing the media composition as mentioned in 2.1 of this standard. ###
3. Quality control test reo amended at Broth Stage. - 3.1. Qualitative Test
3.1.1
. Check for free from visible contaminants by microscope and observing solubilisation zones.
3.1.2
. The pH of bacterial broth shall normally be between 6.5 to 7.0.
3.1.3
. Gram staining test shall be carried out as described in 4.1.3,4.1.3.1, and 4.1.3.2 of Rhizobium.
3.2
Quantitative Test
3.2.1
Viable cell count serially dilute one milli liter of broth plate 0.2. ml aliquots of the dilutions on pikowkyasi media (as given in 2.1 of 1 D of Part B of Schedule II) plates and incubate at 28 +/- 2°C for 2 to 6 days. The counts of PSBI in the final broth from shake culture or fermentors shall be not less than 108 to 109 cells/ml. Otherwise, the broth should be rejected
Annexure-A
Determination of PH
### 1. Make suspension of 20 g of the ASI into 50 ml of distilled water and shake on a rotary shaker for 2 hours. Filter this suspension and determine the pH of the filterate with the held of pH meter. Annexure-B
Determination of Moisture of Bio-Fertiliser Packets (Method) 2.1
Heat 10 g of sample for 12-16 hours in an air over at 100-105°C, in desiccator and weigh. The loss in weight represents the moisture. Calculate the moisture percentage on air dry weight basis, by multiplying the loss in weight by ten.
Annexure-C
Determination of Soluble Phosphorus Using Ascorbic Acid.
Principle. - Soluble phosphorus from hetropoly molybdophosphate complex with molybdate ions which on reduction produces blue colour measured at 840 to 880 nm. Considering the higher stability of the ascorbic acid, easiness to handle, higher tolerance to the concentration of interfering ions, possibilities to use it with all type of acids and higher stability of the developed colour (10 to 60 min), ascorbic acid instead of stannous chloride is now - a-days used as the reducing agent for the hetropoly molybdophosphate complex formed by the soluble phosphate ions on addition of ammonium molybdate solution.
apparatus. - Spectrophotometer capable of transmission measurements at 840 to 880 nm.
Reagents. - Ammonium Molybdate
(NH4)
6 M07024 4H20)
### 1. - Ascorbic acid P - Nitrophenol
### 4NH. ###
2S.
### 04. Preparation of Reagents. - Sulphomolybdic acid.
Take 20 g of Ammonium molybdate and dissolve in 300 ml of distilled water
Add slowly 450 ml of 10 N2 S04.
Cool the above mixture and add 100 ml of 0.5 percent solution of Antimonypotassium tartrate.
Cool and make the volume to one litre. Store in glass bottle away from direct sunlight.
Preparation of mixed Reagent. - Add 1.5 gm of L - ascorbic acid in 100 ml of the above stock solution and mix. Add 5 ml of this solution to develop colour. Mixed regent is to be prepared fresh as it does not keep for more than 24 h.
Procedure. - Weigh the required material in a 100 ml conical flask.
Add 50 ml of extractant and shake it for 30 min on rotary shaker.
Filter the suspension through whatman filter paper No. 40. If the filterate is coloured than add a tea spoon of Darco-60 (activated phosphorus free carbon) reshake and filter.
Take a known aliquot (5 to 25 ml) of the extract in a 50 ml volumetric flask.
Add 5 drops of P-nitrophenol indicator (1.5 percent solution in Water) and adjust the pH of the extract between 2 and 3 with the help of NH2S04. The yellow colour will disappear when the pH of the solution becomes 3. Swirl gently to avoid loss of the solution along with the evolution of C04.
When the C02 evolution has subsided. Wash down the neck of the flask and dilute the solution to about 40 ml.
Add 5 ml of the sulphomolybdic acid mixed reagent containing ascorbic acid Swril the content and make up the volume.
Measure the transmission after 30 min. at 880 nm using red filter. The blue colour developed remains stable up to 60 minutes.
Record the concentration of Phosphorus (P) in the extract from the standard curve and calculate the concentration of soluble phosphorus as follows.
Calculation. - (a) Weight of the substance taken = xg
(b) Volume of the extractant added=50 ml
(c) Volume of the extract taken for p=y ml determination.
(d) Volume made after colour developed = 50 ml
(e) Reading from the standard curve = z ppm against percent transmission recorded.
(f) Soluble phosphorus.
| |
| --- |
|
Percent p =| ZX50X10 -6X5O X 100Y,X
|
Preparation of standard curve. - Prepared standard curve using 0.1 to 0.6 ppm P in 50 ml volumetric flask plot the standard curve by taking concentration of soluble P on x-axis and percent T on Y-axis using a semi-log graph paper. It is a straight line relationship between the soluble P and percent T when plotted on semi-log graph paper.
Annexure-D
Direction for Use of Bio Fertilisers
Rhizobium
### 1. The contents of the packet are sufficient for seeds to be sown in the area indicated on the package. ###
2. Use only for the leguminous crops mentioned, before the expiry date and do not expose to direct sun light or heat.
### 3. Mix the inoculants with the seeds gently with the minimum amount of water, taking care to avoid damage to seed coat. Dry the inoculated seeds under shade over clean paper or gunny bag and sow immediately. This is not a chemical fertiliser and hence do not mix inoculated seeds or RI with chemical fertilisers.
Azotobactor
### 1. Use only for the non-leguminous crops and before the expiry date. ###
2. The contents of the packet are sufficient for seeds to be sown in 0.4 hectare.
### 3. This is not a chemical fertilizer, hence do not mix it or the inoculated planting material with chemical fertilizers or pesticides. ###
4. Use for the crops specified on the packet.
### 5. Do not expose to direct sunlight or heat. Azospirillum
### 1. The contents of the packet are sufficient enough to the given area to be broadcasted or given seedlings for root dipping depending on the specified crops as denoted in the packet. Mix the inoculants with seeds gently with the minimum amount of water, taking care to avoid damage to seed coat. Dry the inoculated seed under shade over clean surface gunny bag and sow them immediately. ###
2. Use only for the crops mentioned paddy, Azospirillum brasillense for other crops like millets, etc use crop specific strain. Use before the expiry date and do expose to direct sun light or heat.
### 3. ASI is not a chemical fertilizer hence do not mix inoculated seeds or ASI with agrochemicals. Phosphate Solubilising Bacteria.
### 1. The contents of the packet are sufficient enough to the given area to be broadcast or given seedlings for root dipping depending on the specified crops as denoted on the packet. Mix the inoculants with seeds gently with the minimum amount of water, taking care to avoid damage to seed cost. Dry the inoculated seed under shade over clean dry paper organic bag and sow them immediately. ###
2. In order to solubilise fixed soil phosphate use PSBI for all type of crops. Use before the expiry date and do not expose to direct sunlight or heat.
### 3. PSBI is not chemical fertiliser hence do not mix inoculated seeds or PSBI with agrochemicals .
|
65b92c28ab84c7eca86e87fa | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Wheat Products Control and Distribution Order, 1967
--------------------------------------------------------------
UTTAR PRADESH
India
The U.P. Wheat Products Control and Distribution Order, 1967
==============================================================
Rule THE-U-P-WHEAT-PRODUCTS-CONTROL-AND-DISTRIBUTION-ORDER-1967 of 1967
-------------------------------------------------------------------------
* Published on 7 March 1967
* Commenced on 7 March 1967
The U.P. Wheat Products Control and Distribution Order, 1967
Published vide Notification U.P. Gazette, (Extraordinary) , dated 7th March, 1967, vide Notification No. 7132/29-D-3(6)-67, dated 7th March, 1967
Whereas, the State Government is of opinion that it is expedient so to do for securing the equitable distribution and availability of food grains at fair prices:
Now, therefore, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Act
No. 10 of 1955
), read with the Order of the Government of India in the Ministry of Food and Agriculture (Department of Food), published under G.S.R. No 609, dated June 9, 1966, all other powers enabling him in this behalf, the Governor of Uttar Pradesh with the prior concurrence of the Central Government is pleased to make the following Order, namely:
### 1. Short title, extent and commencement.
(1) This Order may be called the Uttar Pradesh Wheat Products Control and Distribution Order, 1967.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
### 2. Definitions.
- In this Order, unless the context otherwise requires,-
(a) "District Magistrate" includes any officer authorised in writing by the District Magistrate to perform any of his functions under this Order;
(b) [ "Food Officer" means the Regional Food Controller, or the District Magistrate and for purposes of clause 5 includes the Superintendent of Police Incharge, Crime Branch (Criminal Investigation Department), Uttar Pradesh, and any other person authorised in this behalf in writing by the said Superintendent of Police.]
[Substituted by Notification No. 3736/XXIX-D-65-66, dated 7th June, 1967.]
(c) "Flour Mill" means a power driven flour mill other than a roller mill;
(d) "Regional Food Controller" includes any officer authorised in writing by him to perform any of his functions under this Order;
(e) "Roller Mill" means a flour mill in which disintegration of wheat is done by grooved steel or iron roller worked by power;
(f) "State Government" means the Government of Uttar Pradesh;
(g) "Wheat Products" means suji or rawa-maida, wholemeal atta or resultant atta, produced in a Roller mill or Flour mill.
### 3. Restrictions on milling and sale of wheat products.
- No owner or other person in charge of-
(a) a roller mill, or
(b) a flour mill which is a party to subsisting agreement with the Central Government for allotment of imported wheat by the latter to the former, for purposes of milling shall-
(i) mill and indigenous, wheat, or
(ii) sell or offer for sale any product of indigenous wheat.
### 4. Furnishing of information and carrying out directions by roller mills.
- Where owner or other person incharge of a roller mill shall-
(i) furnish correctly such information relating to the business of the roller as may be demanded from him by the Food Officer for the purposes of the Order, and
(ii) carry out such orders and directions not being inconsistent with the provisions of the Wheat Roller Flour Mills (Licensing and Control) Order, 1957, or of any Order or direction issued thereunder, as may from time to time be given by the State Government or the Regional Food Controller.
### 5. Power of entry, search and seizure, etc.
(1) Any Food Officer may enter and search or authorise any person to enter and search any flour or roller mill or any premises thereof used or believed to be used for the storage of wheat or wheat products and seize or authorise the seizure of any stock of wheat or wheat products in respect of which he has reason to believe that contravention of this order has been, is being or is about to be committed and thereafter take or authorise the taking of all measures necessary for securing the production of stocks of wheat or wheat products so seized in a court and for their safe custody pending such production.
(2) The provisions of Sections 102 and 103 of the [Code of Criminal Procedure, 1898 (Act No. 5 of 1898)]
[Now see Section 100 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974).]
, relating to search and seizure shall, so far as may be, apply to search and seizures under this clause.
### 6. Savings.
- The provisions of this Order shall be in addition to and not in derogation of anything contained in the Wheat Roller Flour Mills (Licensing and Control) Order, 1957, or the Roller Mills Wheat Products (Price Control) Order, 1965.
### 7. Rescission.
- The Uttar Pradesh Foodgrains (Control Requisition and Distribution) Order, 1963, is hereby rescinded and the provisions of Sections 6, 8 and 24 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), shall apply in relation to its rescission as they apply in relation to the appeal of an enactment by an Uttar Pradesh Act.
|
65ba6730ab84c7eca86eb28a | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Minor Ports Fund Act, 1938
---------------------------------------
TAMILNADU
India
Tamil Nadu Minor Ports Fund Act, 1938
=======================================
Act 30 of 1938
----------------
* Published on 4 January 1939
* Commenced on 4 January 1939
Tamil Nadu Minor Ports Fund Act, 1938
(Tamil Nadu Act
30 of 1938
)
Statement of Objects and Reasons - Tamil Nadu Minor Ports Fund Act, 1938 (Tamil Nadu Act
30 of 1938
). - For Statement of Objects of Reasons, see Fort St. George Gazette Extraordinary, Part IV, page 6, dated the 12th August 1938, and Fort St. George Gazette, Part IV, page 184, dated the 4th October 1938.
Received the assent of the Governor on the 4th January 1939 and first published in the Fort St. George Gazette, dated 10th January 1938.
An Act to provide for the disposal of the balance to the credit of the Minor Ports Fund in the [State of Tamil Nadu]
[Substituted for 'Province of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.]
.
Whereas under sub-section (6) of section 36 of the Indian Ports Act, 1908, the disposal of the balances, from time to time, standing to the credit of port fund accounts is subject to the provisions of any local law;
And Whereas the [State]
[Substituted for 'Provincial', by the Tamil Nadu Adaptation of Laws Order, 1970.]
Government have directed that all minor ports in the [State of Tamil Nadu]
[Substituted for 'Provincial', by the Tamil Nadu Adaptation of Laws Order, 1970.]
should be regarded as constituting a single port with a common port fund called the Minor Ports Fund;
And Whereas subsequently the Tuticorin Port Fund has been constituted as a separate fund under the Tuticorin Port Trust Act, 1924;
And Whereas it is expedient to provide by an Act of the [Tamil Nadu Legislature]
[Substituted for 'Provincial Legislature' by the Tamil Nadu Adaptation of Laws Order, 1970.]
for the disposal of the balance which is now standing and which may from time to time stand to the credit of the said Minor Ports Fund other than that of Tuticorin;
It is hereby enacted as follows : -
### 1. Short title and extent.
- This Act may be called the [Tamil Nadu]
[Received the assent of the Governor on the 20th December 1957 and first published in the Fort St. George Gazette, dated the 28th December 1957.]
Minor Ports Fund Act, 1938.
(2) It extends to the whole of the [State]
[Published in Part IV - A, pages 93-94 of the Fort St. George Gazette Extraordinary, dated the 22nd October 1957.]
of [Tamil Nadu]
[Received the assent of the Governor on the 20th December 1957 and first published in the Fort St. George Gazette, dated the 28th December 1957.]
### 2. Definition of "Minor Ports Fund".
- In this Act "Minor Ports Fund" means the common port fund of all the minor ports situated in the [State]
[Substituted for the word 'Province' by the Adaptation of Laws Order of 1950.]
of [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
other than Tuticorin.
### 3. Disposal of surplus on the 31st March, 1939.
- The balance standing on the 31st day of March, 1939 to the credit of the Minor Ports Fund in excess of twenty lakhs of rupees shall be credited to and shall be disposed of along with the rest of the [revenues]
[Now the Consolidated Fund of the State.]
of the [State]
[Substituted for the word 'Province' by the Adaptation of Laws Order of 1950.]
.
### 4. Disposal of subsequent surpluses.
- Such portion of the balance standing to the credit of the Minor Ports Fund on the 31st day of March in the year 1940 or in any subsequent year, as the [State]
[Substituted for the word 'Province' by the Adaptation of Laws Order of 1950.]
Government may with the approval, by resolution, of the [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Legislative Assembly, determine, shall be credited to and shall be disposed of along with the rest of the [Revenues]
[Now the Consolidated Fund of the State.]
of the [State]
[Substituted for the word 'Province' by the Adaptation of Laws Order of 1950.]
.
|
65ba8d90ab84c7eca86ec099 | acts |
Union of India - Act
----------------------
The Inland Waterways Authority Of India Act, 1985
---------------------------------------------------
UNION OF INDIA
India
The Inland Waterways Authority Of India Act, 1985
===================================================
Act 82 of 1985
----------------
* Published on 30 December 1985
* Commenced on 30 December 1985
1. Amended by
[The Inland Waterways Authority Of India (Amendment) Act, 2001 (Act 40 of 2001)
on
1 January 2001
]
An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement.
(1) This Act may be called the Inland Waterways Authority of India Act, 1985.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
| |
| --- |
|
Enforced w.e.f. 27-10-1986 : Vide Notification No. S.O. 763 (E) , dated 27-10-1986, Gazette of India, Extraordinary, 1986, Part II, section 3 (ii).
|
### 2. Definitions.
In this Act, unless the context otherwise requires,--
(a) "appurtenant land" means all lands appurtenant to a national waterway, whether demarcated or not;
(b) "Authority" means the Inland Waterways Authority of India constituted under section 3;
(c) "channel" means any waterway, whether natural or artificial;
(d) "conservancy" includes dredging, training, closure, diversion or abandoning channels;
(e) "conservancy measures" means measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation;
(f) "infrastructure" includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression "infrastructural facilities" shall be construed accordingly;
(g) "member" means a member of the Authority appointed under sub-section (3) of section 3;
(h) "national waterway" means the inland waterway declared by section 2 of the National Waterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982 (49 of 1982), to be a national waterway.
Explanation.--If Parliament declares by law any other waterway to be a national waterway, then from the date on which such declaration takes effect, such other waterway--
(i) shall be deemed also to be a national waterway within the meaning of this clause; and
(ii) the provisions of this Act shall, with necessary modifications (including modification for construing any reference to the commencement of this Act as a reference to the date aforesaid), apply to such national waterway;
(i) "navigable channel" means a channel navigable during the whole or a part of the year;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "regulations" means regulations made by the Authority under this Act; and
(l) "rules" means rules made by the Central Government under this Act.
Chapter II
Inland Waterways Authority Of India
---------------------------------------------------
### 3. Constitution and incorporation of the Inland Waterways Authority of India.
(1) With effect from such [date]
[27-10-1986 : Vide Notification No. S.O. 764 (E) , dated 27-10-1986, Gazette of India, Extraordinary, 1986, Part II, section 3 (ii). ]
as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority, to be called the Inland Waterways Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:-
[(a) a Chairman;
(b) a Vice-Chairman;
(c) not more than three full-time members; and
(d) not more than three part-time members, to be appointed by the Central Government by notification in the Official Gazette.]
[Substituted by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
(4) The Authority may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote.
### 4. Conditions of service of members.
The term of office and other conditions of service of the members shall be such as may be prescribed.
4A. Disqualifications for appointment as member. - A person shall be disqualified for being appointed as a member, if he-
[(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a company owned or controlled by the Government; or
(e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.]
[New Section added by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
### 5. Powers of Chairman and Vice-Chairman.
(1) The Chairman of the Authority shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and duties of the Authority as may be delegated to him by the Authority and such other powers and duties as may be prescribed.
(2) The Vice-Chairman of the Authority shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Authority.
5A. Meetings. - (1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be provided by regulations.
(2) The Chairman or in his absence, the Vice-Chairman, or in the absence of both, such other member as is chosen by the members present at the meeting of the Authority shall preside at the meeting.
[(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman or in his absence, the Vice-Chairman, or in the absence f both, the person presiding, shall have and exercise a second or casting vote.]
[New section added by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
### 6. Removal, etc, of members.
(1) The Central Government may remove from the Authority any member who, in its opinion,--
(a) refuses to act,
(b) has become incapable to act,
(c) has so abused his office as to render his continuance in office detrimental to the public interest, or
(d) is otherwise unsuitable to continue as a member.
(2) The Central Government may suspend any member pending an inquiry against him.
(3) No order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the member removed shall be declared vacant.
(4) A member who has been removed under this section shall not be eligible for re-appointment as a member or in any capacity under the Authority.
### 7. Vacancy, etc, not to invalidate proceedings of the Authority.
No act or proceeding of the Authority shall be invalidated merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
### 8. Secretary and other officers.
(1) The Authority may appoint the Secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of service of the Secretary and other officers and employees of the Authority shall be such as may be determined by regulations.
### 9. Advisory Committees.
(1) Subject to any rules made in this behalf, the Authority may from time to time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions.
(2) Every Advisory Committee shall consist of such number of persons connected with shipping and navigation and allied aspects as the Authority may deem fit.
### 10. Authority to act on business principles.
In the discharge of its functions under this Act, the Authority shall act, so far as may be, on business principles.
Chapter III
Property And Contracts
---------------------------------------
### 11. Transfer of assets and liabilities of the Central Government to the Authority.
(1) As from such [day]
[27-10-1986 : Vice Notification No. S.O. 767 (E) , dated 27-10-1986, Extraordinary, 1986, Part II, section 3 (ii). ]
as the Central Government may, appoint by notification in the official Gazette,--
(a) all properties and other assets vested in the Central Government for the purposes of Inland Water Transport Directorate, and administered by the Chief Engineer-cum-Administrator, Inland Water Transport Directorate, immediately before such day shall vest in the Authority;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Central Government immediately before such day for or in connection with the purposes of Inland Water Transport Directorate shall be deemed to have been incurred; entered into and engaged to be done by, with, or for the Authority;
(c) all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of Inland Water Transport Directorate up to such day and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be determined by the Central Government, be treated as capital provided by the Central Government to the Authority;
(d) all sums of money due to the Central Government in relation to Inland Water Transport Directorate immediately before such day shall be deemed to be due to the Authority;
(e) all suits and other legal proceedings with respect to any matter in relation to Inland Water Transport Directorate which having been instituted by or against the Central Government are pending, or which could have been so instituted, immediately before such date shall on and after such date be continued or instituted by or against the Authority; and
(f) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with such affairs of Inland Water Transport Directorate as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier:
Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine:
Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.
(2) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to the Authority or as to which of the employees serving under the Central Government are to be treated as on deputation with the Authority, under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Authority and the decision of the Central Government thereon shall be final.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (
14 of 1947
) or in any other law for the time being in force, the absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
### 12. Contracts by the Authority.
Subject to the provisions of section 13, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.
### 13. Mode of executing contracts on behalf of the Authority.
(1) Every contract shall, on behalf of the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority:
Provided that no contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority:
Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Central Government.
(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations.
(3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority.
Chapter IV
Functions And Powers Of The Authority
-----------------------------------------------------
### 14. Functions of the Authority.
(1) The Authority may--
(a) carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf;
(b) provide or permit setting up of infrastructural facilities for national waterways;
(c) carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways;
(d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures;
(e) remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration;
(f) provide for the regulation of navigation and traffic (including the rule of the road) on national waterways;
(g) regulate the construction or alteration of structures on, across or under the national waterways;
(h) disseminate navigational meteorological information about national waterways;
(i) ensure co-ordination of inland water transport on national waterways with other modes of transport; and
(j) establish and maintain pilotage on national waterways.
(k) [ enter into joint ventures concerning inland shipping by way of equity participation.]
[New clause added by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
(2) The Authority may also--
(a) advise the Central Government on matters relating to inland water transport;
(b) study the transport requirement with a view to co-ordinating inland water transport with other modes of transport;
(c) carry out hydrographic surveys and publish river charts;
(d) assist, on such terms and conditions as may be mutually agreed upon, any State Government in formulation and implementation of scheme for inland water transport development;
(e) develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in India and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat;
(f) conduct research in matters relating to inland water transport including development of craft design, mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques;
(g) lay down standards for classification of inland waterways;
(h) arrange programme of technical training for inland water transport personnel within and outside the country; and
(i) perform such other functions as may be necessary to carry out the provisions of this Act.
(3) Any dispute arising out of or concerning the compensation referred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes.
(4) Every scheme, prepared by the Authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the Central Government for approval.
(5) The Central Government may either approve the scheme submitted to it under sub-section (4) without modification or with such modifications as it may consider necessary or reject the scheme with directions to the Authority to prepare a fresh scheme according to such directions.
### 15. Amendment of schemes.
The Authority shall not make any material change in the scheme approved under sub-section (5) of section 14 without the prior approval of the Central Government.
Explanation.--For the purposes of this section, "material change" means an increase in the cost of the scheme by more than twenty per cent. of its cost or a change in the benefit and cost ratio which either makes the cost component in the ratio exceeds the benefit or reduces the benefit component by more than twenty per cent.
[\* \* \* \*]
[Omitted by Act 8 of 1994, Section 2. ]
Chapter V
Finance, Accounts And Audit
------------------------------------------
### 17. Levy and collection of fees and charges.
(1) The Authority may, with the previous approval of the Central Government, levy fees and charges at such rates as may be laid down by regulations made in this behalf for services or benefits rendered in relation to the use of the national waterways for the purposes of shipping, navigation, infrastructural facilities, including facilities for passengers and facilities relating to the berthing of vessels, handling of cargoes and storage of cargoes.
(2) The fees and charges levied under sub-section (1) shall be collected in such manner as may be determined by regulations.
### 18. Grants and loans by the Central Government.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.
### 18A. [ Borrowing powers of the Authority. - The Authority may, in such manner and subject to such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think f t for discharge of all or any of its functions under the Act.]
[New Section added by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
### 19. Constitution of the Fund.
(1) There shall be constituted a Fund to be called the Inland Waterways Authority of India Fund and there shall be credited thereto--
(a) any grants and loans made to the Authority by the Central Government under section 18;
(b) all fees and charges received by the Authority under this Act; and
(c) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting--
(a) salary, allowances and other remuneration of the members, officers and other employees of the Authority;
(b) expenses of the Authority in the discharge of its functions under section 14; and
(c) expenses on objects and for purposes authorised by this Act.
### 20. Budget.
The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Central Government.
### 21. Investment of funds.
The Authority may invest its funds (including any reserve fund) in the securities of the Central Government or in such other manner as may be prescribed.
### 22. Annual report.
The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.
### 23. Accounts and audit.
The accounts of the Authority shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the Authority shall furnish, to the Central Government, before such date as may be prescribed, its audited copy of accounts together with the auditors' report thereon.
### 24. Annual report and auditors' report to be laid before Parliament.
The Central Government shall cause the annual report and auditors' report to be laid, as soon as may be after they are received, before each House of Parliament.
Chapter VI
Miscellaneous
-----------------------------
### 25. Power of Central Government to issue directions.
(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
### 26. Compulsory acquisition of land for the Authority.
Any land required by the Authority for discharging its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894.) or of any other corresponding law for the time being in force.
### 27. Application, etc, of certain laws.
(1) The provisions of this Act shall be in addition to the provisions of the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963) and in particular nothing in this Act shall affect any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by--
(a) the conservator of any port or by any officer or authority under the Indian Ports Act, 1908 (15 of 1908) or
(b) the Board of Trustees for any major port or by any officer or authority under the Major Port Trusts Act, 1963 (38 of 1963) in or in relation to any portion of an inland waterway (including the national waterway) falling within the limits of such port or major port.
(2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917 (1 of 1917) or any other Central Act (other than the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963) or any State or provincial Act in force immediately before the commencement of this Act with respect to shipping and navigation on any national waterway [\* \* \*]
[Certain words omitted by Act 8 of 1994, Section 3. ]
.
### 28. Power to enter.
Subject to any rules made in this behalf, any person, generally or specially authorised by the Authority in this behalf, may, whenever it in necessary so to do for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and--
(a) make any inspection, survey, measurement, valuation or inquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such level boundaries and lines by placing marks and cutting trenches; or
(f) do such other acts or things as may be prescribed:
Provided that no such person shall enter any building or any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so.
### 29. Delegation.
The Authority may, by general or special order in writing, delegate to the Chairman or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this Act (except the powers under section 35) as it may deem necessary.
### 30. Authentication of orders and other instruments of the Authority.
All orders and decisions of the Authority shall be authenticated by the signature of the Chairman or any other member authorised by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated by the signature of an officer of the Authority authorised by the Authority in this behalf.
### 31. Members, officers and employees of the Authority to be public servants.
All members, officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
### 32. Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government or any member, officer or employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
(2) No suit or other legal proceedings shall lie against the Authority for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act or the rules or regulations, and in particular, it shall not be the responsibility of the Authority to provide for relief measures necessitated by floods or by breaches and failures of works.
### 33. Power of Central Government to supersede the Authority.
(1) If, at any time, the Central Government is of opinion--
(a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any national waterway has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b) , the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,--
(a) all the members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
(c) all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may--
(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or
(b) reconstitute the Authority by fresh appointment and in such case any persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before such House of Parliament at the earliest opportunity.
### 34. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the term of office and other conditions of service of the members of the Authority under section 4;
(b) the powers and duties of the Chairman and Vice-Chairman under section 5;
(c) the matters with respect to the Advisory Committee referred to in sub-section (1) of section 9;
(d) the amount required to be prescribed under sub-section (4) of section 14;
(e) the form in which, and the time at which, the Authority shall prepare its budget under section 20 and its annual report under section 22;
(f) the manner in which the Authority may invest its funds under section 21;
(g) the manner in which the accounts of the Authority shall be maintained and audited under section 23;
(h) the conditions and restrictions with respect to exercise of the power to enter under section 28 and the matters referred to in clause (f) of that section; and
(i) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
### 35. Power to make regulations.
(1) The Authority may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the manner in which and the purposes for which, the Authority may associate with itself any person under sub-section (4) of section 3;
(b) the terms and conditions of service of the Secretary and other officers and employees of the Authority under sub-section (2) of section 8;
(c) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority;
(d) the manner in which, and the conditions subject to which, any functions in relation to the matters referred to in sub-sections (1) and (2) of section 14 may be performed;
(e) the rule of the road on a national waterway;
(f) the safe, efficient and convenient use, management and control of the infrastructures and infrastructural facilities;
(g) the reception, porterage, storage and removal of goods brought on a national waterway, and the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;
(h) regulating, declaring and defining the docks, wharfs, jetties, landing stages on which goods shall be landed from vessels and shipped on board vessels;
(i) regulating the manner in which and the conditions under which the loading and unloading of vessels on a national waterway shall be carried out; and
(j) the exclusion from a national waterway of disorderly or other undesirable persons and of trespassers.
(k) [ the terms and conditions for issue of bonds, debentures or other instruments; (l) the time, place and the rules of procedure with regard to the transaction of business at its meetings including the quorum under sub-section (1) of section 5A.]
[New clause added by Inland Waterways Authority of India Act, 2001(40 of 2001) ]
(3) Any regulation made under any of the clauses (c) to (j) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention.
### 36. Rules and regulations to be laid before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both House agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
### 37. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
### 38. Amendment of Act 49 of 1982.
In the National Waterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982,--
(a) in section 3, for the words "Central Government", the word "Union" shall be substituted, and for the words "to the extent hereinafter provided", the words and figures "to the extent provided in the Inland Waterways Authority of India Act, 1985" shall be substituted;
(b) sections 4 to 15 shall be omitted.
|
65b9c201ab84c7eca86e9e3c | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Refugees Rehabilitations (Loans) Act, 1949
-----------------------------------------------------
MADHYA PRADESH
India
The M.P. Refugees Rehabilitations (Loans) Act, 1949
=====================================================
Act 19 of 1949
----------------
* Published on 12 April 1949
* Commenced on 12 April 1949
The M.P. Refugees Rehabilitations (Loans) Act, 1949
M.P. Act
No. 19 of 1949
[Dated 12th April, 1949]
Received the assent of the Governor on the 12th April, 1949, assent first published in the "Central Provinces and Berar Gazette" (Extra-ordinary) dated 12th April, 1949.
An Act to provide for loans [x x x]
[Omitted by M.P. Act No. 1 of 1961.]
by the [State Government]
[Substituted by A.O. 1950, for 'Provincial Government'.]
to refugees for their rehabilitation.
Preamble. - Whereas it is expedient to provide for loans [x x x]
[Omitted by M.P. Act No. 1 of 1961.]
to refugees for their rehabilitation.
It is hereby enacted as follows :-
### 1. Short title and extent.
(1) This Act may be cited as the [Madhya Pradesh]
[Substituted by M.P. Act No. 23 of 1958.]
Refugees Rehabilitation (Loans) Act, 1949.
(2) [ It extends to and shall be in force in the whole of Madhya Pradesh]
[Substituted by M.P. Act No. 23 of 1958.]
.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "borrower" means an individual, company or association or body of individuals whether incorporated or not to whom or to which a loan has been advanced under this Act [and includes his heirs, successors and assigns]
[Inserted by M.P. Act No. 1 of 1961.]
;
(b) "Chief Administrator" means an officer appointed as such by the State Government;
(c) "company" means a company as defined in the Indian Companies Act, 1913 (VII of 1913);
(d) "Controlling Authority" means the authority which makes a loan under the powers conferred by this Act;
(dd) [ "displaced person" means a person displaced from the territories now comprised in East Pakistan who is wrestled in Madhya Pradesh on or after the 1st day of April, 1957 under any scheme of resettlement of displaced persons sanctioned by the Central Government or the State Government;
[Inserted by M.P. Act No. 1 of 1961.]
(ddd) "loan" means a loan granted or deemed to have been granted under the provisions of this Act, in cash or in kind or partly in cash and partly in kind;]
(e) "person in industry" means any person engaged or who intends to engage whether as owner or as worker and whether whole-time or part-time, in any industrial business or enterprise or undertaking conducted either by an individual or by a company, association or body of individuals whether incorporated or not;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "refugee" means a person displaced from the territories now comprised in [x x x]
[Omitted by M.P. Act No. 44 of 1950.]
Pakistan who is for the time being resident in [Madhya Pradesh]
[Substituted by M.P. Act No. 23 of 1958.]
and who has been registered in accordance with Section 3 of the Central Provinces and Berar Refugees Registration [and Movement]
[Inserted by M.P. Act No. 44 of 1950.]
Act, 1947 [and includes a displaced person.]
[Substituted by M.P. Act No. 1 of 1961.]
### 3. Chief Administrator and Controlling Authorities.
(1) There shall be a Chief Administrator for the [State]
[Substituted by A.O. 1950, for 'province'.]
and such number of Controlling Authorities under him as may be appointed by the State Government.
(2) The Controlling Authorities shall exercise jurisdiction over such areas as the State Government may, by notification specify.
(3) The State Government may make rules for the distribution or allocation of work to be performed by the Chief Administrator and the Controlling Authorities and the manner in which the powers conferred and the duties imposed upon them shall be exercised and discharged.
(4) The Chief Administrator shall have powers of supervision, direction and control over the Controlling Authorities.
### 4. Limit of loans.
- The amount of loan which may be advanced to a refugee under this Act shall not exceed such limit as may be fixed by the State Government by notification from time to time.
### 5. Procedure regulating grant of loans.
(1) Any refugee may submit to the Controlling Authority within the local limits of whose jurisdiction he resides or intends to carry on his business or profession, an application on the prescribed form, supported, by an affidavit by him stating the amount of loan desired, the purpose for which it is ereded and the manner in which he proposes to repay the loan, if granted to him.
(2) A Controlling Authority, subject to any general or special orders of the Chief Administrator, may grant loan to such extent and in such manner as may be prescribed.
(3) The Controlling Authority shall, when granting any loans, specify the conditions on which the same is made and the instalment in which it is to be repaid.
### 6. Security for repayment of loans.
(1) As soon as may be after an application for loan has been sanctioned, the applicant, and, if the applicant is a firm or company, a duly authorised representative thereof shall execute a bond in the prescribed form under taking to apply the [loan]
[Substituted by M.P. Act No. 1 of 1961.]
for the purpose or purposes for which, and to fulfil the conditions on which, the application has been sanctioned.
(2) The assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed to be mortgaged or hypothecated, as the case may be, to the Chief Administrator for the repayment of the loan together with the interest thereon if any, and the amount of the loan and the interest thereon shall be first charge on such assets.
(3) [ Subject to the provision of sub-section (2), the borrower shall not without the prior approval of the controlling authority, mortgage, convey or otherwise transfer any of his interests in the whole or any part of assets acquired with the loan, and any mortgage, conveyance or other transfer without such approval shall be void as against the State Government :
Provided that nothing in this sub-section shall affect the borrower's right to sell such articles of his stock-in-trade as are meant for sale to customers in the normal course of business.]
[Inserted by M.P. Act No. 1 of 1961.]
### 7. Returns.
- The Controlling Authority may require any borrower to furnish such returns, at such times and in such manner as he may, by general or special order, specify.
### 8. Inspection and supply of information.
- The borrower shall be bound :-
(a) to comply with any general or special order of the Controlling Authority relating to the inspection of the premises, buildings, machines and stock in hand purchased or hired by the borrower with the aid of the loan, advanced to him; and
(b) to furnish any information which the aforesaid authority may requires relative to the purpose or purposes for which the loan was advanced, and the manner in which the loan has been or is being utilized.
### 9. Powers to call for repayment before agreed period.
(1) Notwithstanding any agreement to the contrary, the Controlling Authority may, after serving by post a notice on the borrower and considering any representation, which the borrower may make within seven days from the date of the receipt of the notice, order any borrower forthwith to repay in full with interest thereon any loan borrowed from it,-
(a) if the borrower fails to comply with an order under Section 7, or Section 8, or if it appears to the Controlling Authority that false or misleading information in any material particular was given by the borrower for obtaining the loan or while furnishing any information under Section 7 or Section 8; or
(b) if the borrower has failed to comply with the terms of the bond with the Controlling Authority in the matter of the loan; or
(c) if there is a reasonable apprehension that the borrower is unable to pay his debts or that insolvency proceeding or proceedings for liquidation may be commenced against him; or
(d) if for any other reason it is necessary in the opinion of the Controlling Authority to protect the interests of the State Government.
(2) A copy of the order shall be served on the borrower.
### 10. Appeal.
- Within thirty days from the service of the order under Section 9, the borrower may appeal to the State Government and the decision of the State Government thereon shall be final.
### 11. Mode of recovery.
- If the amount of loan or any instalment thereof or interest therein which is due, in accordance with the terms of the bond or under the provisions of Section 9, has not been repaid the Controlling Authority may -
(a) without prejudice to any other remedy provided by law, recover such loan, instalment or interest as arrears of land revenue; or
(b) taken charge of the business or industry of the borrower on such terms and conditions as it may [deem fit; or]
[Substituted by M.P. Act No. 1 of 1961.]
(c) [ lake over, in whole or in part, the assets acquired with loan on such terms and conditions as may be determined by the State Government]
[Inserted by M.P. Act No. 1 of 1961.]
.
### 12. Postponement of realization of loan or instalment.
- Notwithstanding anything contained in this Act, the State Government may either of its own motion or on the recommendation of the Controlling Authority or Chief Administrator, postpone the realization of any loan or instalment thereof, or write off the same.
### 13. Application of Sections 6 (2) , 7, 8, 9, 10, 11 and 12 to loans granted before the 18th day of January, 1949.
(1) Every loan granted by the State Government to a [refugee other than displaced person]
[Substituted by M.P. Act No. 1 of 1961.]
for his rehabilitation before the commencement of the Central Provinces and Berar Refugees Rehabilitation (Loans) Ordinance, 1949 (I of 1949), shall be deemed to be a loan granted under this Act and the provisions of [sub-sections (2) and (3)]
[Substituted by M.P. Act No. 1 of 1961.]
of Section 6 and Sections 7, 8, 9, 10, 11 and 12 of this Act shall apply to such loan as they apply to a loan granted under this Act.
(2) Every loan granted by or under the provisions of the Central Provinces and Berar Refugees Rehabilitation (Loans) Ordinance, 1949 (I of 1949), shall be deemed to be a loan granted under this Act.
(3) [ Every loan granted by the State Government to a displaced person on or after the 1st day of April, 1957 but prior to the commencement of the Madhya Pradesh Refugees Rehabilitation (Loans) Amendment Act, 1960 (No. 1 of 1961), under any scheme of resettlement of displaced persons sanctioned by the Central or the State Government shall be deemed to be a loan granted under this Act and the provisions of sub-sections (2) and (3) of the Section 6 and of Sections 7, 8, 9, 10, 11 and 12 shall apply to such loan as they apply to a loan granted under this Act.]
[Inserted by M.P. Act No. 1 of 1961.]
### 14. Protection of action taken under the Act.
- No prosecution, suit or other proceedings shall lie against any Government officer or other authority vested with powers under this Act for any thing in good faith done or intended to be done thereunder.
### 14A. [ Bar of Jurisdiction of Court.
[Inserted by M.P. Act No. 1 of 1961.]
- No order made by the Chief Administrator, Controlling Authority or the State Government in exercise of any power conferred by or under this Act shall be called in question in any Court].
### 15. Power to make rules.
(1) The State Government may make rules consistent with this Act for the carrying out of all or any of its purposes.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules regulating or determining all or any of the following matters, namely :-
(i) the class of refugees to which a particular scheme of loans shall apply;
(ii) the object for which loans shall be given;
(iii) the form of application to be made and the bond to be executed in respect of loans;
(iv) the principles on which loans shall be advanced, the extent and manner of granting a loan and the interest to be charged;
(v) the machinery for checking the proper utilization of the loans;
(vi) the procedure for the realisation of loans and the fixation of instalments;
(vii) the form of notice to be given or declarations to be made by Controlling Authority.
### 16. Repeal and Saving.
(1) The Central Provinces and Berar Refugees Rehabilitation (Loans) Ordinance, 1949 (1 of 1949), is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance things done and action taken by any authority by or under the provisions of the said Ordinance shall be deemed to have been done and taken under this Act.
|
65b94b80ab84c7eca86e8d11 | acts |
State of Chattisgarh - Act
----------------------------
The Chhattisgarh Legislative Assembly Members (Free Transit by Railway) Rules, 1978
-------------------------------------------------------------------------------------
CHHATTISGARH
India
The Chhattisgarh Legislative Assembly Members (Free Transit by Railway) Rules, 1978
=====================================================================================
Rule THE-CHHATTISGARH-LEGISLATIVE-ASSEMBLY-MEMBERS-FREE-TRANSIT-BY-RAILWAY-RULES-1978 of 1978
-----------------------------------------------------------------------------------------------
* Published on 6 December 1978
* Commenced on 6 December 1978
The Chhattisgarh Legislative Assembly Members (Free Transit by Railway) Rules, 1978
Published vide Notification No. F. 4-78-21-A (P.A.), dated 6-12-1978, C.G. Rajpatra (Asadharan) , dated 7-12-78 at page 2738
In exercise of the powers conferred by clause (aa) of sub-section (2) of Section 9 read with Section 5-A of the Chhattisgarh Vidhan Sabha Sadasya Vetan, Bhatta Tatha Pension Adhiniyam, 1972 (No. 7 of 1973), the State Government hereby makes the following rules, namely :-
### 1. Short title.
- These rules may be called the Chhattisgarh Legislative Assembly Members (Free Transit by Railway) Rules, 1978.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "the Act" means the Chhattisgarh Vidhan Sabha Sadasya Vetan, Bhatta Tatha Pension Adhiniyam, 1972 (No. 7 of 1973);
(b) "Coupon Book" means a railway travel coupon book as issued to a member for himself and one person accompanying him under these rules;
(c) "Secretary" means the Secretary of the Chhattisgarh Legislative Assembly and includes any other officer of the Vidhan Sabha as may be authorised by the Speaker for the purposes of these rules
### 3. Members to be provided with coupon books.
- [Subject to the provisions of the Act and these Rules, every member shall be provided by the Secretary with sets of coupon books, which shall entitle him and any person accompanying him to travel within India by Rail and by air value upto 1,25,000 (Rs. One Lac Twenty Five Thousand) in a financial year:
Provided that total expenditure on journey performed by a member by rail and by air under Section 5-A in the said Act shall not exceed the amount of Rs. 1,25,000 (Rs. One Lac Twenty Five Thousand) in a financial year out of which the maximum air journey will no exceed of Rupees 85,000 (Rs. Eighty Five Thousand) in a financial year:
For reimbursement of the amount of air journey performed under this rule, the provisions of the Chhattisgarh Vidhan Mandal Yatra Bhatta Rules, 1957 shall be followed.]
[Substituted by Notification No. 288/F-1 (14) 05/48/P.A., dated 2.3.2006.]
### 4. Requisition for supply of coupon books.
(1) The Secretary shall, whenever necessary make a requisition on the General Manager, [South Eastern Railway Howrah]
[Substituted 'Central Railway Bombay' by Notification No. 3/ Parliamentary Affairs Department/2001, dated 31.8.20001.]
, for the supply of coupon books for use by the members in accordance with these rules.
(2) On receipt of the requisition, the General Manager, [South Eastern Railway Howrah]
[Substituted 'Central Railway Bombay' by Notification No. 3/ Parliamentary Affairs Department/2001, dated 31.8.20001.]
shall supply the Secretary, First class air-conditioned or first class or air-conditioned sleeper coach coupon books or second class or second class sleeper coach coupon books which can be used for travel on any Indian Railway by members and persons accompanying them and raise the necessary debit against the State of Chhattisgarh.
### 5. Money value for which coupon books will be available.
(1) The Coupons shall be available in book, each coupons books shall contain the Money Value Coupons as under:-
| | | | |
| --- | --- | --- | --- |
|
(1) [
[Substituted by Notification No. 3/Parliamentary Affairs Department/2001, dated 31-8-20011.]
|
8 coupons of Rs. 100 each
|
Rs.
|
800.00
|
|
|
12 coupons of Rs. 50 each
|
Rs.
|
600.00
|
|
|
12 coupons of Rs. 25 each
|
Rs.
|
300.00
|
|
|
20 coupons of Rs. 10 each
|
Rs.
|
200.00
|
|
|
16 coupons of Rs. 5 each
|
Rs.
|
80.00
|
|
|
20 coupons of Rs. 1 each
|
Rs.
|
20.00
|
|
|
Total:
|
Rs.
|
2000.00
|
|
(2) |
8 coupons of Rs. 50 each
|
Rs.
|
400.00
|
|
|
12 coupons of Rs. 25 each
|
Rs.
|
300.00
|
|
|
20 coupons of Rs. 10 each
|
Rs.
|
200.00
|
|
|
16 coupons of Rs. 5 each
|
Rs.
|
80.00
|
|
|
20 coupons of Rs. 1 each
|
Rs.
|
20.00
|
|
|
Total:
|
Rs.
|
1000.00
|
|
(3) |
4 coupons of Rs. 50 each
|
Rs.
|
200.00
|
|
|
8 coupons of Rs. 25 each
|
Rs.
|
200.00
|
|
|
4 coupons of Rs. 10 each
|
Rs.
|
40.00
|
|
|
8 coupons of Rs. 5 each
|
Rs.
|
40.00
|
|
|
20 coupons of Rs. 1 each
|
Rs.
|
20.00
|
|
|
Total:
|
Rs.
|
500.00]
|
(2) Each coupon book will be numbered with the book number, and each coupon therein with the book number and coupon number in serial order.
### 6. Price of coupon books.
- The price of each coupon book shall be such as may be notified by the Railway Administration from time to time.
### 7. Every coupon book shall contain the following certificate affixed by the Secretary, namely :-
[I hereby certify that Shri/Shrimati/Kumari is the member of the Chhattisgarh Legislative Assembly, and First Class/ Air Conditioned Sleeper, Second Class/ Air Condition Sleeper three tier/ Second Class Sleeper tickets may be issued in exchange of the rail traveling coupons for the journey to be undertaken by him/ her and for the journey undertaken by one person accompanying him/ her within the State of Chhattisgarh and outside the State of Chhattisgarh only to the extent of [Rs. 1,25,000/- (Rs. One Lac Twenty Five Thousand)]
[Substituted by Vide C.G. Notfn. No. 3/ Parliamenlary Affairs Department/ 2001, dated 31-8-2001.]
per year.
| | |
| --- | --- |
|
Signature of Member
|
|
|
Attested
|
Secretary to the
|
|
Secretary to the
|
Chhattisgarh Legislative Assembly."
|
|
Chhattisgarh Legislative Assembly.
|
|
|
Seal]
|
|
Secretary to the Chhattisgarh Legislative Assembly.
### 8. Things required to be done before Issue of coupon books.
(1) The name of the member to whom a coupon book is issued shall filled in by the Secretary before it is issued to him.
(2) The Secretary shall get the following declaration (which shall be printed on covered page of every such book) duly signed by the member before any such coupon book is issued namely :
"I Shri/Shrimati/Kumari..................hereby declare that the concession will he used by me and one person accompanying me for journeys within the State of Chhattisgarh and outside the State admissible to me under Section 5-A of the Chhattisgarh Vidhan Sabha Sadasya Vetan, Bhatta Tatha Pension Adhiniyam, 1972 (No. 7 of 1973).
Signature of Member
Attested
Secretary to Chhattisgarh Legislative Assembly.
Secretary to Chhattisgarh Legislative Assembly.
### 9. Number of coupon books to be used at a time and their availability.
(1) [(a) Coupon book shall be issued at a time to member valued Rs. 10,000/- (Rs. ten thousand)]
[Substituted 'Coupon books shall be issued at a time for such money value as may entitle a member and a person accompanying him to travel for not more than 6000 Kms. within the State and not more than 3000 Kms. outside the State;' by Notification No. 3/Parliamentary Affairs Department/2001, dated 31.8.2001.]
[\* \* \*]
[Omitted '(b) On the basis of declaration made by the member in the form given in the Schedule the fresh coupon book shall be issued to the member after the Secretary is satisfied that the coupon book, previously issued to such member have been used up by such member and the counter-foils of the coupons duly completed and signed have been received back.' by Notification No. 3/Parliamentary Affairs Department/2001, dated 31.8.2001.]
(c) The coupon books for travel within the State and for travel outside the State shall be of different colours.
(d) Where unused coupons are not returned by the member before the expiry of the period of validity, the cost thereof shall be recoverable from the member by the Secretary.
(2) The coupon book shall be available for use only the member whose name is specified thereon.
(3) A coupon book can be issued from any date and will be valid for one year.
(4) The Secretary shall maintain account of the Coupon books issued to each member under these rules.
(5) If the Secretary is satisfied it is necessary or expedient so to do, he may issue necessary instructions on obtaining approval of Speaker with regard to check misuse of and for maintenance of proper accounts of railway transit coupons issued in accordance with the provisions of Section 5-A of the Act and the rules made thereunder.
### 10. Coupon Books and Coupons not transferable.
(1) The coupon books issued under these Rules and the coupons therein shall be non-transferable and shall be used only for journeys by the persons on whose favour they are issued.
(2) In the event of any person ceasing to be a member, the coupon book shall be returned to the Secretary.
### 11. Journey outside the State how computed.
- Journey out-side the State shall be computed as follows :-
[\* \* \*] [Omitted '(1) From a place within the State to a place outside the State that much journey as is between the last railway station within the State and the destination outside the State.
[(2) From a place outside the State to a place within the State only that much journey as is between starting station outside the State and the first railway station within the State.
(3) Journey of the nature referred to in Section 6 outside the State for which a member is entitled to first class railway fare under sub-rule (1-B) of Rule 3 of the Chhattisgarh Legislature Travelling Allowance Rules, 1957 shall be excluded.' by Notification No. 3/Parliamentary Affairs Department/2001, dated 31.8.2001.]]
### 12. Method of purchasing tickets with coupons.
(1) The Secretary shall provide a member with an identity card bearing the photograph of the member and signature of the Member duly attested by the Secretary.
(2) Any member desiring to undertake a journey shall present the coupon book to the booking clerk without detaching any coupon therefrom. Loose Coupons. i.e., coupons detached from a coupon book, shall not be accepted in any circumstances.
(3) The booking clerk shall personally remove from the coupon book the number of coupons necessary for the journey. Before removing the coupons, the booking clerk may ask the holder of the coupon book to show his identity card and to write his or her signature on a piece of paper for the purpose of comparing it with the signature in the coupon book. Where coupons, in excess of those actually required, are detached from a coupon book by a booking clerk, a suitable remark such as "Wrongly detached" shall be made by the booking clerk on the back of the detached coupons the loose coupons with the remark so made shall be accepted when presented for the issue of a ticket, provided the coupon book from which the coupons have been detached, is produced and the period of availability of the said coupon book has not expired.
(4) In exchange for the coupon or coupons, the booking clerk shall issue a single journey ticket, as may be required, after scoring out the fare printed thereon and writing on the reverse of the ticket in red ink the words "RT Coupons for members only" :
Provided that a ticket for a person accompanying the member shall not be issued-
(i) unless the ticket for the member himself for that journey has been issued,
(ii) for the higher class than the class of ticket issued to the member.
Explanation. - If rail travel coupons from two different coupon books issued in favour of the same member are presented for issue of tickets, they shall, subject to the provisions of this rule, be accepted by the booking clerk.
### 12A. - Notwithstanding anything contained in Rule 12, where railway administration issued season ticket for journey between two railway stations within the State a member shall be entitled to purchase such ticket in exchange of coupons. Calculation of fare, period of validity, refund and other matters relating to season ticket shall be governed by the same conditions as are from time to time laid down by the Railway Administration for general public in this behalf.
### 12B. - In respect of a season ticket purchased under Rule 12-A, the provisions of Rules 12, 13, 16, 17, 18, 19 and 20 shall, mutatis mutandis, apply.
### 13. Identity of member.
- A member when travelling with the ticket issued to him under Rule 12 shall keep with him his identity card containing his photograph duly attested by the Secretary and produce the same when demanded by the railway authorities.
### 14. Availability of a Ticket issued on Rail travel Coupons.
- The period of availability of a ticket shall, having regard to the date on which it is be the same as for ordinary tickets.
### 15. Pilgrim and Terminal Taxes.
- When issuing a ticket-in exchange for a rail travel coupon for journeys to and from stations at which pilgrim or terminal taxes are leviable, the pilgrim or terminal tax shall be collected in cash from the person presenting the coupon. The amount of tax so collected shall be entered on the face of the ticket.
### 16. Luggage.
- A member shall be entitled to carry such luggage free of charge as is permissible on ordinary tickets, and the member shall pay in cash for the excess luggage, if any, at the luggage rate prescribed by the Railway Administration concerned.
### 17. Unchanged Coupons.
- Any member found traveling on unexchanged rail travel coupon shall be considered as traveling without a ticket, and shall be liable to the prescribed penalties. In such cases, the fares and excess charges shall be paid by such member in cash.
### 18. Use of coupons.
- The rail travel coupons shall, for the journey, within the State and subject to the provisions of Section 5-A of the Act outside the State, be used for the purpose of exchanging them for passenger tickets and for payment of reservation fee, supplementary surcharge and sleeper surcharge at the booking office of the railway concerned. The railway travel coupon shall also be used, for payment reservation fee supplementary surcharge, sleeper surcharge and charges for extended journey in running train.
### 19. Confiscation of Coupons.
- The Railway Administration may confiscate a coupon book on proof that the conditions on which it has been issued have not been observed. Before doing so, it should refer the matter to the Secretary and obtain his approval for such confiscation. On such confiscation the value of the coupon books shall be refunded to the Secretary.
### 20. Refunds.
(1) Refunds on unused coupons returned to the Railway Administration concerned by the Secretary will be granted after deduction of 10 per cent, on the value of unused coupons provided they are returned to the Railway within one month after the period of their validity.
(2) Refunds will not be granted on unused or partly used tickets issued in exchange for coupons except in exceptional circumstances, when refund should be allowed subject to the usual cancellation charges as applicable under the existing rules.
(3) The refund shall in all cases be made only to the Secretary and the cancellation charges referred to in sub-rule (2) shall also be borne by the Secretary.
### 21. Rule 10 to 20 to be printed on coupon books.
- Each coupon book shall have printed thereon in extense the provisions of Rules 10 to 20, both inclusive.
### 22. If the coupon book of a member is lost or stolen and the member gives an information in writing to the Secretary to that effect and if the speaker is satisfied, he may write off such coupons valuing rupees upto 10000/- (Rs. ten thousand). The speaker shall exercise this power once only between the period of commencing from the constitution and ending with the dissolution of the Chhattisgarh State Legislature in respect of such member :
Provided that in case of death of the member, the Speaker may write off the remaining amount on the basis of information received in writing from the family of deceased member.
Schedule
----------
Form
[See Rule 9 (1) (b)]
Statement of the journey undertaken by rail transit coupons used by members.
Declaration
Shri/Smt./Ku. ........................ member of Vidhan Sabha constituency No. ............. hereby declare that :-
(i) Coupon Book No. ................ of Rs. .......... (For the journey within the State).
(ii) Coupon Book No of Rs (For journey outside the State)
have been used by me and the person accompanying me and its counterfoils have been returned. I and the person accompanying me have undertaken journey within the State for kms./outside the State for kms.
I, hereby return unused coupons of Rs. ............ for the journey within the State and of Rs. ........... for the journey outside the State.
.......................................... Signature of the Member
Date.......................
Please issue rail transit coupons as specified below :-
| | | |
| --- | --- | --- |
|
(1) |
Coupon book for travel within the State.
|
For the member himself and person accompanying him worth
Rs..........
|
|
(2) |
Coupon book for travel outside the State.
|
For the member himself and person accompanying him worth
Rs............
|
Issued.Clerk Officer).
|
65b90966ab84c7eca86e82e5 | acts |
State of Telangana - Act
--------------------------
Telangana Sales Tax (Settlement of Disputes) Act, 2001
--------------------------------------------------------
TELENGANA
India
Telangana Sales Tax (Settlement of Disputes) Act, 2001
========================================================
Act 41 of 2001
----------------
* Published on 15 October 2001
* Commenced on 15 October 2001
Telangana Sales Tax (Settlement of Disputes) Act, 2001
(Act
No. 41 of 2001
)
Last Updated 10th January, 2020
The Andhra Pradesh Sales Tax (Settlement of Disputes) Act, 2001 received the assent of the Governor on the 15th October, 2001. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
### 1. Short title, extent and commencement.
(1) This Act may be called the [Telangana]
[Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
Sales Tax (Settlement of Disputes) Act, 2001.
(2) It extends to the whole of the State of [Telangana]
[Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
.
(3) It shall be deemed to have come into force on and from the 17th July, 2001.
### 2. Definitions.
- The words and expressions used in this Act shall have the meaning respectively assigned to them in the [Telangana General Sales Tax Act, 1957 (Act 6 of 1957)]
Repealed by Act
[5 of 2005
and presently see the provisions in the Telangana Goods and Services Tax Act, 2017 (Act
23 of 2017
).]
, [the Telangana Entertainments Tax Act, 1939 (Act X of 1939)]
Adapted in G.O.Ms.No.78, Revenue (Commercial Taxes-II) Department, dated 21.05.2016 and repealed by Act
[23 of 2017
.]
and the Central Sales Tax Act, 1956 (Central Act 74 of 1956).
### 3. Application of the provisions of the law relating to Telangana General Sales Tax Act, 1957, Telangana Entertainments Tax Act, 1939 and Central Sales Tax Act, 1956.
- Subject to the provisions of this Act, the provisions of the law relating to the Telangana General Sales Tax Act, 1957, the Telangana Entertainments Tax Act, 1939 and the Central Sales Tax Act, 1956 for the time being in force in the State shall apply mutatis-mutandis to all the registered and unregistered dealers.
### 4. Application of the Act.
(1) The provisions of this Act shall apply to, -
(i) the disputed taxes including additional tax, surcharge, turnover tax, penalty, interest which are due as on 31st March, 2001;
(ii) cases where the amount involved is rupees One Crore and below per each year of assessment as on 31st March, 2001 under the relevant Acts referred to in section 2;
(iii) an assessment order, revision order, reassessment order, penalty and interest order passed upto 31st March, 2001 and cases relating to such orders pending before various appellate and revisional authorities. In case of revision, the revision notice or order must have been served on or before 31st March, 2001. A dealer who is in receipt of any show-cause notice prior to 31st March, 2001 pending final proceeding can also apply.
(2) The provisions of this Act shall apply to all registered dealers under the Telangana General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956; as well as to unregistered dealers.
(3) For settlement of disputes under this Act, each year of assessment shall be a distinct unit.
### 5. Act not apply to certain cases.
- The provisions of this Act, shall, except to the additional tax, turn over tax, penalty or interest, not apply to any payments, irrespective of the nature of dispute made towards any tax, additional tax prior to 31st March, 2001, and to the orders passed on or after 1st April, 2001.
### 6. Waiver of the tax, etc.
- An applicant shall be entitled to,-
(i) 50% (fifty percent) waiver of all the disputed taxes which are not yet collected as on 31st March, 2001; and
(ii) 90% (ninety percent) waiver of interest or penalties raised under any provisions of the relevant Act which were due as on 31st March, 2001;
if the payment of fifty percent of the disputed taxes as on 31st March, 2001 is made during the period from 1st August, 2001 to 30th September, 2001.
### 7. Competent authority.
- For carrying out the purposes of this Act, the Deputy Commissioner (Commercial Taxes) shall be the competent authority.
### 8. Withdrawal of appeal, revision, etc.
(a) No application under this Act shall be entertained by the competent authority unless the applicant files written declaration stating that the appeal or revision or any other proceeding before the concerned authority under the relevant Act or any court of law may be treated as withdrawn upon settlement of the dispute under this Act.
(b) Upon settlement of a dispute under this Act, the corresponding appeal or revision filed by the State before the High Court or Supreme Court shall be withdrawn by the Authorities under the relevant Act.
### 9. Eligibility for settlement.
- Subject to the other provisions of this Act an applicant shall be eligible to make an application for settlement of assessment order, revisional order, reassessment order, penalty or interest in dispute in respect of any period, for which an assessment has been made under the relevant Act and an appeal or revision relating thereto is pending, on the 31st March, 2001 before any appellate authority or revisional authority as the case may be.
### 10. Application for settlement.
(1) An application for the purpose of section 9 shall be made to the competent authority by an applicant in such form and in such manner as may be prescribed and shall be accompanied by such fee as may be prescribed.
(2) A separate application shall be made by an applicant for relevant assessment years in respect of which an appeal or revision is pending under each of the relevant Acts.
### 11. Determination of amount payable by the applicant.
(1) The competent authority shall verify the correctness of the particulars furnished in such application with reference to the connected records available with the assessing authority or any other authority with whom such records may be available, as the case may be.
(2) Where the competent authority is satisfied about the correctness of the particulars set forth in the application made by an applicant, he shall within sixty days from the date of receipt of an application referred in section 10 determine by an order in writing the amount payable by the applicant for the purposes of settlement of arrear tax, additional tax, turnover tax, penalty, or interest in dispute at the rate specified in section 6:
Provided that while determining the amount payable by the applicant for the purpose of settlement of arrear tax, additional tax, turnover tax, penalty or interest in dispute, the competent authority shall take into account any such amount paid by the applicant before making an application under section 10 and deduct the amount so paid by him from the amount determined as payable by the applicant under this sub-section.
(3) The applicant shall pay in one lumpsum, the sum determined by the competent authority under sub-section (2) within thirty days of the receipt of order passed by the competent authority:
Provided that where the sum determined by the competent authority under sub-section (2) is rupees twenty five lakhs and above, the same shall be paid in one lumpsum within ninety days of the receipt of the order passed by the competent authority.
### 12. Settlement of dispute.
(1) The competent authority on being satisfied about the payment of the amount which the applicant is required to pay by virtue of the order passed under section 11 shall settle the dispute in respect of which an application has been made and issue a certificate of settlement for such dispute in such form as may be prescribed, to the applicant ordinarily within fifteen days of the receipt of the proof of payment, and thereupon such applicant shall be discharged from his liability to make payment of the balance amount of such arrears of tax, penalty or interest in dispute:
Provided that a certificate of settlement shall be issued by the competent authority separately in respect of every application.
(2) The competent authority, for reasons to be recorded in writing, may refuse to settle a dispute where it appears to him that the applicant has concealed any material evidence or suppressed any information or particulars by furnishing untrue or false or incorrect or incomplete information:
Provided that no order adversely affecting the applicant shall be passed without giving the applicant a reasonable opportunity of showing cause against such refusal.
### 13. Rectification of error.
- The competent authority, may, at any time within ninety days from the date of issue of the certificate of settlement under section 12, rectify any error apparent on the face of the record:
Provided that no such rectification adversely affecting the applicant shall be passed without giving a reasonable opportunity of showing cause against such rectification.
### 14. Revocation of certificate of settlement.
- Notwithstanding anything contained in this Act, where it appears to the competent authority that an applicant has obtained the benefit of settlement under this Act by suppressing any material information or particulars or by furnishing any incorrect or false information or particulars, such competent authority, may, for the reasons to be recorded in writing, revoke the certificate of settlement issued under section 12:
Provided that no order of revocation shall be passed without giving the applicant a reasonable opportunity in the manner prescribed.
### 15. Power to make rules.
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act, shall immediately after it is made be laid before the Legislature of the State if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 16. Repeal of Ordinance 3 of 2001.
- The Andhra Pradesh Sales Tax (Settlement of Disputes) Ordinance, 2001 is hereby repealed.
|
65b99fccab84c7eca86e97b6 | acts |
State of Haryana - Act
------------------------
The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Rules, 1956
--------------------------------------------------------------------------
HARYANA
India
The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Rules, 1956
==========================================================================
Rule THE-PUNJAB-OCCUPANCY-TENANTS-VESTING-OF-PROPRIETARY-RIGHTS-RULES-1956 of 1956
------------------------------------------------------------------------------------
* Published on 16 May 1953
* Commenced on 16 May 1953
The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Rules, 1956
Published vide Punjab Government Notification No. 3886-R-53/1742, dated 16.5.1953. Re-Published vide Punjab Government Notification No. GSR 53/P.A.9/53/Section 12/62, dated 20.2.1962
### 1. Short title.
(1) These rules may be called "The Punjab Occupancy Tenants (Vesting of Proprietary Rights), 1956."
(2) They shall come into force at once.
### 2. Form of application.
(1) An application under section 4(1) of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, shall be made, in form A.
(2) The Collector may also require the applicant to make or deliver to him on a date to be specified, a statement containing the name of every other person possessing any interest in the land or any part thereof as mortgagee of the land or of the right of occupancy the nature and extent of such interest and the rents and profits, if any, received or receivable on this account.
### 3. Procedure.
- The procedure of Revenue Officers in matters under the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 for which a procedure is not prescribed thereby, shall be regulated as far as may be by the procedure prescribed for Revenue Officers by the provisions of the Punjab Tenancy Act, 1887, and the rules thereunder.
Form A
Rule 2 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Rules, 1956 and Section 4(1) of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952
To
The Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_District
Sir,
As required by section 4 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, I furnish below the particulars of the land held by occupancy tenant(s) under me for determination and award of the amount of compensation payable to me by the occupancy tenant(s) :-
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Village, Tehsil, District in which land is situated
|
Khewat No.
|
Khatauni No.
|
Name of Patti or Taraf with name of Lambardar and Revenue
|
Name with description and address of landlords
|
Name with description and address of occupancy tenant(s) |
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
Form-A - Concld
| | |
| --- | --- |
|
|
PARTICULARS OF LAND UNDER OCCUPANCY TENANTS
|
|
The section of the Punjab Tenancy Act under which the rights
of occupancy are held
|
Field Nos.
|
Area in ordinary acres
|
Total Land Revenue
|
Rent payable
|
Share in batai
|
Cesses
|
Total of (d) and (e)
|
Name of co-sharers (Landlords) in the holding and their shares
|
Remarks
|
|
|
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
|
|
7-A
|
|
|
|
|
8
|
|
|
|
|
|
|
K.M.
|
|
|
|
|
|
|
|
Certificate
I solemnly affirm that the particulars given by me in the above application form are correct.
Dated the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19
Signature \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
65b978ceab84c7eca86e9269 | acts |
State of Punjab - Act
-----------------------
The Punjab Entertainment Duty Act, 1955
-----------------------------------------
PUNJAB
India
The Punjab Entertainment Duty Act, 1955
=========================================
Act 16 of 1955
----------------
* Published on 31 March 1954
* Commenced on 31 March 1954
The Punjab Entertainment Duty Act, 1955
Act
16 of 1955
Statement of Objects and Reasons - "The Punjab Entertainment Duty Act, 1936, has many loopholes. Many of the mal-practices indulged in by the proprietors of entertainment houses at present go unpunished for want of suitable provisions under the existing Act. This is resulting in considerable evasion and loss of revenue to Government. In order to avoid this loss of revenue, it has now become necessary to revise the Punjab Entertainment Duty Act, 1936. The Bill is accordingly designed to met this purpose." (Published vide Punjab Government Gazette Extraordinary, dated the 31st March, 1953, p. 335).
Statement of Objects and Reasons. - Though the Punjab Entertainments Duty Act, 1955, empowers the State Government to grant total exemption from the payment of entertainments duty, there is no enabling provision for partial exemption. The authority vested with the departmental officers to penalise the defaulting managements of entertainment houses, having been challenged in the Court, has further necessitated the deletion of sub-section (1) of Section 15 of the Act and revision of Section 14-A. Hence the Bill.
Published vide Punjab Government Gazetted (Extra.) dated 11.12.1972 page 1484."
Statement of Objects and Reasons. - This Bill is designed to replace the Punjab Entertainment (Amendment) Ordinance, 1978 (Punjab Ordinance No. 5 of 1978) when promulgated to raise the limit of Entertainment Duty from hundred per cent to one hundred and twenty-five per cent, and also to take power lower rate of Entertainments Duty on such seats in front rows close screen up to such number or upto such percentage of the total numbers seats as may be specified in the notification.
Published vide Punjab Government Gazetted (Extra.) dated 21.8.1978 page 1384.
For Statement of Objects and Reasons, see Punjab Government Gazette Extraordinary, dated the 31st March, 1954, page 335.
Received the assent of the Government of Punjab on the 3rd November, 1955, and was first published in the Punjab Government Gazette Extraordinary, dated the 4th November, 1955.
An Act to provide for the levy of an entertainment duty in respect of admission to public entertainments.
Be it enacted by the Legislature of the State of Punjab in the Sixth Year of he Republic of India as follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the Punjab Entertainments Duty Act, 1955.
(2) [ it extends to the whole of the State of Punjab.]
[ Substituted by Punjab Act 32 of 1957, section 2. ]
(3) It shall come into force at once.
### 2. Definitions.
- In this Act unless the context otherwise requires -
(a) [ 'admission to an entertainment' includes admission to any place in which the entertainment is being held or is to be held and where television exhibition is being provided with the aid of any type of antenna with a cable network attached to it or cable television in residential or non-residential areas fo which persons are required to make payment by way of contribution or subscription or installation and connection charges or any other charges collected in any manner, whatsoever.]
[Substituted vide Act No. 23 of 1994.]
(aa) [ 'antenna' means an apparatus which received television signals which enable viewers to tune into transmissions including national or international satellite transmissions and which is erected or installed for exhibition of films or moving pictures or series of pictures by means of transmission of television signals by wire where subscriber's television sets at the residential or non-residential place are linked by metallic coaxial cable or optio-fibre cable to a central system called the head-end, on payment by the connection holder of any contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever.
(aaa) [ 'cable television' means a system organised on payment by a connection holder of any contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever, for exhibition of films or moving pictures or series of pictures by means of transmission of television signals by wire where subscriber's television set is linked by metallic coaxial cable or optio-fibre cable to a central system called the head-end, by using a video cassette or disc or both, recorder or player or similar such apparatus on which prerecorded vide cassettes or discs or both are played or replayed and the films or moving pictures or series of pictures which are viewed and heard on the television receiving set at a residential or non-residential place of a connection holder.]
[Clause (aa and (aaa inserted vide Act No. 23 of 1994.]
(b) 'Commissioner' means the Excise and Taxation Commissioner, Punjab, for the time being;
(c) 'Entertainment Tax Officer' means the officer appointed as such under this Act;
(d) [ 'entertainment' includes any exhibition, performance, amusement, game, sport or race to which persons are ordinarily admitted on payment for exhibition of films, or moving pictures or series of pictures which are shown on the television receiving set, with the aid of any type of antenna with a cable net work attached to it or cable television for which persons are required to make payment by way of contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever.]
[Substituted vide Act No. 23 of 1994.]
(e) 'payment for admission' includes -
(i) any payment made by a person admitted to any part of a place of entertainment and in a case where such person is subsequently admitted to another part thereof for admission to which an additional payment is required, such additional payment, whether actually made or not;
(ii) [ in cases of free, surreptitious, unauthorised or concessional entry, whether with or without the knowledge of the proprietor, the payment which would have been made if the person concerned had been admitted on payment of the full charges ordinarily chargeable for such admission;]
[Substituted by Punjab Act 10 of 1955, section 2.]
(iii) any payment for any purpose whatsoever connected with an entertainment which a person is required to make as a condition of attending or continuing to attend the entertainment in addition to the payment, if any, for admission to the entertainment;
(iv) [ any payment made by a person by way of contribution or subscription of installation and connection charges or any other charges collected in any manner whatsoever for television exhibition with the aid of any type of antenna with a cable net work attached to it or cable television.]
[Inserted vide Act No. 23 of 1994.]
(f) 'prescribed' means prescribed by rules made under this Act;
(g) [ 'proprietor' in relation to any entertainment includes the owner, partner or a person responsible for the management thereof and any person responsible for or for the time being incharge of the management for providing cable connection from any type of antenna or cable television.]
[Substituted vide Act No. 23 of 1994.]
(h) 'Government' means the Government of the State of Punjab; and
(i) 'ticket' means the pass or token for the purpose of securing admission to an entertainment.
### 3. Duty on payments for admission to entertainments.
(1) A person admitted to an entertainment shall be liable to pay an entertainment duty at a rate [not exceeding one hundred and twenty five per centum of the payment for admission]
[See Punjab Act 13 of 1978.]
which the Government may specify, by a notification in this behalf, and the said duty shall be collected by the proprietor and rendered to the Government in the manner prescribed.
(1-A) Notwithstanding anything contained in sub-section (1) , the Government may, by notification, levy lumpsum entertainment duty at a rate not exceeding, -
[(a) eight thousand rupees per annum in the local area of a City constituted as such under the Punjab Municipal Corporation Act, 1976, or of a Municipality declared as such under the Punjab Municipal Act, 1911; and
(b) Six thousand rupees per annum in areas other than the local areas specified in clause (a);
[in respect of entertainments arranged by a proprietor by replay of video cassette player or video record player and the lumpsum duty so levied shall be recoverable from the proprietor,]
[Inserted vide Act No. 4 of 1986.]
(2) A draft of the proposed order specifying the rate of entertainments duty referred to in sub-section (1) shall be notified for the information of all persons likely to be affected thereby and it shall take effect only after the Government has considered all objections received within a period of thirty days from the date of such publications, and has notified the same again, with or without modification:
Provided that if the Government consider that such an order should be brought into force at once, the final notification may issue without previous publication:
Provided further that Government may impose an entertainments duty on complimentary tickets at a different from that imposed on other kinds of payment for admission subject to the maximum specified in sub-section (1) .
(3) Until such time as the duty referred to in sub-sections (1) and (2) has been finally notified, the entertainments duty shall be levied at the rates in force in this behalf immediately before the commencement of this Act.
(3A)
[ Notwithstanding anything in this section, the amount of duty shall be calculated to the nearest multiple of 5 naye paise by ignoring 2 naye paise or less and counting more than 2 naye paise as 5 naye paise]
[Inserted by Punjab Act 28 of 1963, section 2 and later omitted vide Punjab Act 17 of 1974..]
.
(4) The final notification specifying the rates of entertainment duty shall be laid before the [-]
[Adaptation of Laws Orders, 1970.]
Legislature at the session immediately following its publication.
### 3A. Entertainment duty is not liviable in case tax is paid under Punjab Act
[8 of 1954
. Notwithstanding anything contained in this Act, no entertainment duty shall be leviable on the proprietor who is able to pay entertainment tax under the Punjab Entertainment Tax (Cinematograph Shows) Act, 1954.]
[Inserted vide Punjab Act No 21 of 1994]
(3B)
[ Notwithstanding anything contained in Sub-sections (1) , (1-A), (2) and (3), in the case of entertainment provided with the aid of antenna or cable television to a connection holder, the proprietor of such entertainment shall pay entertainment duty at such rate per connection per month as the state Government may specify from time to time by a notification in the Official Gazette but not exceeding seventy-five rupees per months per connection]
[Inserted vide Act No. 23 of 1994]
### 4. Payment made in a consolidated sum.
- Where the payment for admission to an entertainment is made in a consolidated sum in the form of a subscription or contribution to any society or a season ticket or a right of admission to an entertainment or series of entertainments during a specified period, or a privilege, right, or facility combined with the right of admission without further payment, or a reduced charge, the entertainments duty shall be paid on the amount of the consolidated sum, but where the Entertainment Tax Officer is of the opinion that the payment of a consolidated sum or any payment for a ticket includes payment for other privileges, rights or facilities besides the admission to an entertainment, or is intended to secure admission to an entertainment, during a period when the duty has not been in operation, they duty shall be charged on such amount as appears to the Entertainment Tax Officer to represent the right of admission to entertainment for which a duty is payable.
### 5. Deposit of security by the proprietor.
- The prescribed authority may, in the manner prescribed, require the proprietor of any entertainment to deposit as security for payment of entertainment duty under this Act, an amount not exceeding [twenty thousand rupees]
[Punjab Act 8 of 1982.]
in a Government treasury, and the same shall be so deposited.
### 6. Entertainment Tax Officer and other taxing authorities.
- For carrying out the purposes of this Act, the Government may appoint a person as Entertainment Tax Officer and such other persons as it thinks fit to assist the Commissioner.
### 7. Posting of tables of rates of payments of admission at conspicuous places.
- The proprietor of an entertainment shall, in the manner prescribed, exhibit at the place of entertainment, the rates of the payments for admission and the amount of entertainments duty payable on such rates.
### 8. Penalty for non-payment of duty.
(1) Except as otherwise provided in this Act, no person shall enter an entertainment unless he is in possession of ticket or a complimentary ticket or a pass or a badge supplied by the employer under this Act and no person liable to pay entertainments duty shall so enter without having paid, in the manner prescribed, the duty payable under this Act.
(2) A person who enters an entertainment without permission or surreptitiously, with intent to evade the duty payable under this Act shall, on conviction by a magistrate, be punishable with fine which may extend to Rs. 200 (rupees two hundred) and, in addition, be liable to pay such duty.
### 9. Admission of persons without payment.
- Nothing in this Act shall apply to bona fide employees of the proprietor, who are on duty in connection with the entertainment, or to the proprietor when on such duty.
### 10. Method of levy.
(1) Save as otherwise provided by this Act no person shall be admitted on payment to any entertainment where the payment for admission is subject to entertainments duty except with a ticket stamped with an impressed, embossed, engraved or adhesive stamp (not used before) issued by the Government for the purposes of revenue and denoting that the proper entertainments duty has been paid.
(2) The Government may, on the application of the proprietor of any entertainment, in respect of which the entertainments duty is payable, permit the proprietor, on such conditions as the Government may prescribe, to pay the entertainments duty -
(a) by a consolidated payment [not exceeding one hundred and twenty five per centum of the gross payment for admission]
[Punjab Act 13 of 1978.]
to the entertainment at the rate in force during the period concerned; or
(b) in accordance with the returns of the payments for admission to the entertainment;
(c) in accordance with the results recorded by any mechanical contrivance that automatically registers the number of persons admitted.
### 11. Entertainments exempted from payment of duty.
(1) No entertainments duty shall be levied on payment for admission to any entertainment where the Commissioner is satisfied on application made in this behalf in the prescribed manner that the whole of the net proceeds of the entertainment will be devoted to philanthropic, charitable, educational or scientific purposes which have been approved as such by the Government.
(2) Nothing in this Act apply to any entertainment provided by the staff or students, or both of an academic institution when the proceeds are intended for academic or charitable purposes.
(3) The Government may, for promotion of peace and international goodwill or encouragement of arts and crafts, sports or other public interest, by general or special order, exempt any entertainment or class of entertainments from liability to pay [either whole or any portion of]
[Punjanb Act 2 of 1973.]
duty under this Act.
(4) [ The Government may, in the case of entertainment by public cinematograph exhibition, by notification, direct that persons admitted to such an entertainment and occupying seats in the front rows close to the screen up to such number or upto such proportion of the total number of seats as may be specified in the notification shall be liable to pay entertainment duty at such lower rate as may be specified therein, provided all the front rows comprising seats up to such a number or proportion, as the case may be, are closer to the screen than every other row.]
[Punjab Act 8 of 1982.]
[11A. Appeal. - (1) Any person aggrieved by an order made by the prescribed authority under [-]
[Inserted by Punjab Act 10 of 1965, section 3.]
section 14-A may, in the prescribed manner, appeal to such higher authority as may be prescribed within thirty days of such order:]
Provided that no appeal shall be entertained by such higher authority unless it is satisfied that the amount of duty due and the penalty, if any, imposed on the person has been paid:
Provided further that if such higher authority is satisfied that the person is unable to pay the duty due or the penalty, if any, imposed or both, it may, for reasons to be recorded in writing, entertain the appeal without the duty or penalty or both having been paid.
(2) Subject to such rules of procedure as may be prescribed, the higher authority may pass on such appeal such orders as it may think fit.
### 12. Powers of revision.
- The Commissioner or such other officer, as the Government may, by notification, appoint in this behalf may, of his own motion or on application made, call for the record of any proceedings or order of any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety or such proceedings or order, and may pass such order in reference thereto as he may deem fit:
[Provided that the Commissioner or the other officer may, before deciding such application, direct the applicant to deposit, in whole or in part, the amount of duty due, and the penalty, if any, imposed on him under this Act.]
[Inserted by Punjab Act 10 of 1965, section 4.]
### 13. Production and inspection of accounts and documents.
(1) The proprietor of an entertainment shall, on being required to do so by an officer authorised by the Government in this behalf, produce before any officer of the Excise and Taxation Department, not below the rank of a Sub-Inspector as may be prescribed, any accounts or documents, relevant to the sales of tickets including complimentary tickets and realisation of the entertainments duty due as may be necessary for the purposes of this Act.
(2) If any officer of Government mentioned in sub-section (1) has reason to suspect that the proprietor of any entertainment is attempting to evade the payment of an entertainments duty due from him under this Act, he may, for reasons to be recorded in writing, seize such accounts, registers or documents of the proprietor, as may be necessary and shall grant a receipt for the same and shall retain the same only for so long as may be necessary for examination thereof.
### 14. Entry into and Inspection of places of entertainments.
(1) Any officer not below such rank as may be prescribed, may enter into, inspect and search any place of entertainment while the entertainment is proceeding at any reasonable time, for the purpose of ensuring that the provisions of this Act or any rules made thereunder are being complied with, and while doing so, such officer shall not be deemed to be a person, admitted to the entertainment.
(2) The proprietor of every entertainment shall give every reasonable assistance to the aforesaid officer in the performance of his duties under sub-section (1).
[14A. Power to impose penalties on proprietor of entertainments. - (1) If the proprietor of an entertainment-]
[Punjab Act 2 of 1973.]
(a) evades the payment of any duty due under this Act, or
(b) obstructs any officer making any inspection, a search or seizure under this Act, or
(c) acts in contravention of, or fails to comply with any of the provisions of this Act or the rules made thereunder,
the prescribed authority may after affording such proprietor a reasonable opportunity of being heard direct him to pay by way of penalty in addition to the duty due if any a sum not exceeding [ten thousand rupees]
[Punjab Act 8 of 1982.]
.
### 15. [Cognizance of offences.
[Punjab Act 2 of 1973.]
(1) No Court shall take cognizance of an offence under this Act except on a complaint made by a person authorised in this behalf by the Government and no Court inferior to that of a Judicial Magistrate of the first class shall be competent to try such an offences.]
### 16. Power to compound offences.
(1) The prescribed authority may, at any time, accept from a person, who has committed an offence under this Act, by way of composition of such offence, a such of money not exceeding [-]
[Punjab Act 2 of 1973.]
fifty rupees or double the amount of duty payable under this Act, whichever is greater.
(2) On payment of such sum of money as may be determined under sub-section (1), the prescribed authority shall, where necessary, report to the court that the offence has been compounded and thereafter no further proceedings shall be taken against the offender in respect of the same offence and the said court shall discharge or acquit the accused, as the case may be.
### 17. Recoveries.
- Any sum due under this Act shall be recoverable as arrears of land revenue.
### 18. Delegation of Powers by the Government.
(1) Government may delegate all or any of its powers under this Act except those conferred upon it by sub-section (2) of section 10, section 20 and this section, to any person or authority subordinate to it.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions, limitations, or conditions, if any as may be laid down by the Government and shall also be subject to control and revision by it.
### 19. Bar of certain proceedings.
- No action shall lie against Government or any of its officer or servant for any act done or purporting to be done in good faith under this Act.
### 20. Power to make rules.
(1) The State Government may make rules generally carrying out the provisions of his Act.
(2) In particular and without prejudice to the generality of the foregoing power it may make rules -
(a) for the supply and use of stamps or stamped tickets if required in connection with the levy of entertainments duty or for the stamping of tickets sent to be stamped, and for securing the defacement of stamps when used;
(b) for the use of tickets covering the admission of more than one person and the calculation of the duty thereon for the payment of the duty on the transfer from one part of a place of entertainment to another.
(c) for controlling the use of mechanical contrivances (including the prevention of the use of the same mechanical contrivances for payment of a different amount) and for securing proper records of admission by means of mechanical contrivances;
(d) for the checking of the admission, the keeping of accounts and furnishing of returns by the proprietors of entertainments in respect of which entertainments duty is payable in accordance with the provisions of this Act;
(e) for renewal of damaged or spoiled stamps and for the procedure to be followed on applications for refund;
(f) for the keeping of account of all stamps used under this Act;
(g) for prescribing the form of a ticket, pass or token authorising admission to an entertainment;
(h) for the presentation and disposal or applications for exemption for payment of the entertainments duty or for the refund thereof;
(i) for the exemption from the entertainments duty on military personnel in uniform;
(j) for the collection of entertainments duty under this Act and the powers to be exercised by the officers of Government in that behalf;
(k) [ Omitted by Punjab Act 10 of 1965, section 6(1).]
(l) for specifying the authorities who would be competent to compound offences under section 16.
(m) [ for laying down procedure for the hearing and disposal of appeals under section 11-A and applications under section 12 and all other matters incidental thereto.]
[nserted by Punjab Act 10 of 1965, section 6(2) .]
(3) All rules made under this Act shall be laid before [-]
[Adaptaion of Laws Order, 1970.]
the State Legislature during the session next ensuing after the publication thereof and may be confirmed, amended or revoked by it.
### 21. Repeal and savings.
- The Punjab Entertainments Duty Act, 1936 (Punjab Act III of 1936), is hereby repealed.
Notwithstanding such repeal, anything done or any action taken including any order, notifications or rules made or issued in exercise of powers conferred by or under the repealed Act shall to the extent of being consistent with the provisions of this Act be deemed to have been done/taken in exercise or the powers conferred by or under this Act.
[The Schedule Omitted by Punjab Act 32 of 1957, section 3.]
|
65ba90e7ab84c7eca86ec1d5 | acts |
Union of India - Act
----------------------
Insurance Regulatory and Development Authority of India (Regulatory Sandbox) Regulations, 2019
------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Insurance Act, 1938
Insurance Regulatory and Development Authority of India (Regulatory Sandbox) Regulations, 2019
================================================================================================
Regulation F-NO-IRDAI-REG-11-162-201 of 2019
----------------------------------------------
* Published in Gazette of India : Extraordinary 281 on 26 July 2019
* Commenced on 26 July 2019
1. Amended by
[Insurance Regulatory and Development Authority of India (Regulatory Sandbox) (Amendment) Regulations ,2022 (Regulation F-NO-IRDAI-REG-3-182-2022 of 2022)
on
5 December 2022
]
F. No. IRDAI/Reg/11/162/2019.-In exercise of the powers conferred by clause (zd) of sub-section 2 of Section 114A of the Insurance Act,1938 (4 of 1938) read with Section 14(2)(e) and 26 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following Regulations, namely: -
Chapter I
1. Short Title and commencement:
-----------------------------------------------
(1) These Regulations may be called the Insurance Regulatory and Development Authority of India (Regulatory Sandbox) Regulations, 2019.
(2) These Regulations shall come into force on the date of their publication in the Official Gazette.
(3) These Regulations shall be reviewed once every three years from the date of publication of the IRDAI (Regulatory Sandbox) (Amendment) Regulations, 2022, unless a review, repeal or amendment is warranted earlier.
### 2. Objectives: The objectives of these Regulations are: (1) To strike a balance between orderly development of insurance sector on one hand and protection of interests of policyholders on the other, while at the same time facilitating innovation;
(2) To facilitate creation of regulatory sandbox environment and to relax such provisions of any existing Regulations framed by the Authority for a limited scope and limited duration, if such a relaxation is needed.
### 3. Definitions: (1) In these Regulations, unless the context otherwise requires: -
a. "Act" means the Insurance Act. 1938;
b. "Applicant" includes
i. an insurer or
ii. an intermediary or insurance intermediary or
iii. any person other than an individual having a minimum net-worth of ten lakhs rupees for previous financial year or
iv. any other person recognized by the Authority seeking singly or jointly permission for promoting innovation in insurance in India;
c. "Authority" means the Insurance Regulatory and Development Authority of India established under sub-section (I) of Section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
d. "Regulations" means the Regulations framed by the Authority as defined under Section 2 ( 16A) of the Act;
e. "Regulatory Sandbox" means an environment used in the financial services sector, which provides testing ground for new business models, processes and applications that may not necessarily be covered fully by or are not fully compliant with existing Regulations;
f. "Sandbox environment" means a testing environment designed for experimentation for a specific period of time.
(2) Words and expressions used and not defined in these Regulations but defined in the Insurance Act, 1938 (4 of I 938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) or the Rules or the Regulations notified there under. shall have the meanings respectively assigned to them in those Acts or the Rules or the Regulations as the case may be.
Chapter II
PROCEDURE FOR SEEKING PERMISSION FOR PROMOTING INNOVATION IN INSURANCE IN INDIA
-----------------------------------------------------------------------------------------------
### 4. Categories of application
(1) An applicant may apply to the Authority seeking permission for promoting or implementing innovation in
insurance in India in any one or more of the following categories:
(a) Insurance Solicitation or Distribution
(b) Insurance Products
(c) Underwriting
(d) Policy and Claims Servicing
(e) Any other category recognised by the Authority.
### 5. Application for grant of permission for promoting innovation in insurance in India
(1) An applicant desiring to promote or implement innovation in insurance in India shall make an application to the Authority electronically in the specified form.
(2) The application shall be accompanied by a non-refundable processing fee of ten thousand rupees.
### 6. Conditions for Grant of permission
(1) The Chairperson of The Authority, on being satisfied that the application:
(a) promotes innovation beneficial to insurance in India;
(b) is in the interest of the policyholders;
(c) is conducive for the orderly growth of the industry;
(d) would promote increase in insurance penetration in the country;
(e) meets any other requirements as specified by the Authority, may grant permission subject to the applicant complying with the relevant provisions of
(2) the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999.
(3) If the application is not considered, the applicant may file the review application to the committee as specified by the Authority.
### 7. Revocation of permission
(I) The Chairperson of the Authority may revoke the permission so granted at any time, if it is of the view that the activities carried out are:
(a) not meeting the conditions given in Regulation 6 above or
(b) in violation of the provisions of the Insurance Act, 1938, the Insurance Regulatory and Development Authority Act, 1999 and other applicable laws.
Provided that before revoking the permission, the applicant shall be given an opportunity of being heard.
### 8. Extension of first permission
(1) If, at the end of experimental period, the applicant seeks extension of time, a request may be made to the Authority citing the reasons for seeking the extension along with a performance analysis of the proposal so far.
(2) The Chairperson of the Authority may consider the request of the applicant on merits.
(3) Under no circumstances will the applicant be granted extension of time beyond 12 months to complete the task.
(4) The clause relating to revocation of permission as mentioned in Regulation 7 shall apply mutatis mutandis for the extension period.
### 9. Internal monitoring, review and evaluation of systems and controls
(1) After grant of permission, the applicant shall ensure:
(a) that the integrity of the systems is maintained at all times.
(b) confidentiality of policyholder data is maintained.
(c) adequate internal mechanisms are put in place for reviewing, monitoring and evaluating its controls, systems, procedures and safeguards.
(2) Where any deviation is noticed in executing the proposal, the applicant shall notify the same immediately to the Authority.
### 10. Review of proposal approved by the Authority
(1) The Authority, through the single point of contact (SPOC), shall review the progress of the proposal at regular intervals.
(2) The Authority may also guide the applicant in the form of suggestions and in any other way as it may deem fit.
However, the applicant shall be solely responsible for every action taken in respect of the proposal and shall be liable to discharge all the obligations thereunder including any legal obligations.
### 11. Conclusion of the proposal
(1) On completion of the allocated time period or size of the proposal specified, the applicant shall submit a report to the Authority within days on how the proposal met the objectives along with feedback from the policyholders and such other information or details as specified by the Authority. The applicant shall also submit a plan of action as to how the proposal be brought under the extant regulatory framework.
(2) On examining the report of the applicant, if the Authority is satisfied that the objectives of the proposal have been met, it may accord permission to the applicant to adopt the proposal under the extant regulatory framework wherein in addition to provisions of the Insurance Act, 1938, the Insurance Regulatory and Development Authority Act, 1999. all Regulations, guidelines, circulars, etc. will be applicable from the date of moving to the extant regulatory framework.
(3) On examining the report submitted by the applicant, if the Chairperson of the Authority is of the view that the objectives of the proposal are not met, the applicant may be directed to discontinue the proposal.
(4) An applicant may also file for early termination of the proposal in case it is felt that the proposal shall not be able to meet the desired objective. The Chairperson of the Authority shall consider the request on merits and advise the applicant accordingly subject to such conditions as it deems fit.
(5) It shall be the duty of the applicant to erase all personal data of the participants and give a confirmation to that effect to the Authority.
(6) The decision of the Chairperson of the Authority on whether or not to allow continuation of the proposal is final.
Chapter III
-------------
### 12. Power of the Authority to grant relaxation from the provisions of any Regulations to an applicant in the Regulatory Sandbox -
(1) The Chairperson of the Authority may relax for the applicant the applicability of one or more provisions of any Regulation(s) notified by the Authority or any guidelines or circulars issued by the Authority, subject to the conditions mentioned in Regulation 6 and any other conditions as deemed necessary.
However, no relaxation shall be offered in respect of compliance with the Insurance Act, 1938 or IRDA Act, 1999 or any other applicable statutes.
### 13. Further powers of the Authority
(1) The Authority shall have the right to call for, inspect or look into any document, record or communication from the applicant.
(2) Notwithstanding the above, where the Authority is of the opinion that the operations of the applicant are not in the interest of the Indian market or the insurance policyholders, the Authority reserves the right to take appropriate actions including suspension or cancellation of permission granted.
(3) The Chairperson of the Authority may issue Guidelines on matters relating to operational issues pertaining to the Regulatory Sandbox, and such other relevant matters as deemed appropriate.
|
65badaf9ab84c7eca86ec9b7 | acts |
State of Jharkhand - Act
--------------------------
Bihar Development of Homeopathic System of Medicine (Validating) Act, 1974
----------------------------------------------------------------------------
JHARKHAND
India
Bihar Development of Homeopathic System of Medicine (Validating) Act, 1974
============================================================================
Act 4 of 1975
---------------
* Published on 5 March 1975
* Commenced on 5 March 1975
Bihar Development of Homeopathic System of Medicine (Validating) Act, 1974
Act
4 of 1975
Published in Bihar Gazette (Extra-ordinary), dated 5.3.1975.
An Act to validate certain examinations held by the University of Bihar in the Homeopathic System of Medicine and matters incidental thereto:
Be it enacted by the Legislature of the State of Bihar in the Twenty fifth year of the Republic of India as follows:-
### 1. Short title.
- This Act may be called "the Bihar Development of Homeopathic System of Medicine (Validating) Act, 1974".
### 2. Validation of certain actions taken by the University of Bihar in respect of Homeopathic System of Medicine.
(1) Notwithstanding anything to the contrary contained in Sections 22, 31, 32, 35 and 49 of the Bihar Development of Homeopathic System of Medicine Act, 1953 (Bihar Act XXIV of 1953), examinations for degrees, diplomas or certificates in Homeopathic System of Medicine conducted by the University of Bihar, or degrees, diplomas or certificates conferred, issued or granted by the said University on the basis of such examinations, or fees for the same realised by the said University between the tenth of April, 1973 and the commencement of this Act shall be deemed to have been validly conducted, conferred, issued, granted or released, as the case may be, and the validity of any such action taken by the said University shall not be called in question in any Court or proceeding whatsoever merely on the ground that the said University was not properly authorised or empowered and the holders of such degrees, diplomas or Certificates shall be entitled to registration under the provisions of the said Act or to appear at the next higher examination to be conducted by the Board, as the case may be, in accordance with the provisions of the said Act.
(2) Any examination conducted by the University of Bihar as mentioned in subsection (1) shall for purposes of the said Act be deemed to be examination conducted by the Board and any degrees, diplomas or certificates conferred, issued or granted by the said University on the basis of such examinations shall be deemed to be degrees, diplomas or certificates conferred, issued or granted by the Board.
### 3. Repeal and Saving.
(1) The Bihar Development of Homeopathic System of Medicine (Validating) Ordinance, 1974 (Bihar Ordinance No. 179 of 1974) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.
|
65b98977ab84c7eca86e9559 | acts |
State of Punjab - Act
-----------------------
The Indian Stamp Rules, 1925
------------------------------
PUNJAB
India
The Indian Stamp Rules, 1925
==============================
Rule THE-INDIAN-STAMP-RULES-1925 of 1925
------------------------------------------
* Published on 1 April 1935
* Commenced on 1 April 1935
The Indian Stamp Rules, 1925
Published vide Notification Government of India Gazette 1925 Part 1, Page 373.
Chapter I
-----------
Preliminary
### 1. Short title.
- These rules may be called the Indian Stamp Rules, 1925.
### 2. Definitions.
- In these rules :-
(a) "The Act" means the Indian Stamp Act, 1899 (
2 of 1899
).
(b) "Section" means a section of the Act.
(c) "Schedule" means a Schedule of the Act.
(d) "Superintendent of Stamps" means the Superintendent of Stamps, Madras, Bombay, Karachi, Rangoon or Nagpur and includes the Financial Commissioner. Punjab and any other officer appointed by the Local Government to perform the functions of the Superintendent of Stamps.
### 3. Description of Stamps.
(1) Except as otherwise provided by the Act or by these rules, -
(i) all duties with which any instrument is chargeable shall be paid and such payment shall be indicated on such instrument, by means of stamps issued by Government for the purposes of the Act, and
(ii) a stamp which by any word or words on the face of it appropriated to any particular kind of instrument, shall not be used for an instrument of any other kind.
(2) There shall be two kinds of stamps for indicating the payment of duty with which instruments are chargeable, namely, -
(a) impressed stamps, and
(b) adhesive stamps.
Chapter II
------------
Of Impressed Stamps
### 4. Hundis.
(1) Hundis, other than hundis which may be stamped with an adhesive stamp under section 11, shall be written on paper as follows, namely :-
(a) A hundi payable otherwise than on demand, but not at more than one year after date or sight, and for an amount not exceeding rupees thirty thousand in value, shall be written on paper on which a stamp of the proper value bearing the word 'hundi' has been engraved or embossed.
(b) A hundi for an amount exceeding rupees thirty thousand in value, or payable at more than one year after date or sight, shall be written on paper supplied for sale by the Government, to which a label has been affixed by the [Collector of Stamp Revenue, Calcutta]
[Substituted by Notification No. 13, dated 20th May, 1926.]
, or a Superintendent of Stamps, and impressed by such officer in the manner prescribed by rule 11.
(2) Every sheet of paper on which a hundi is written shall be not less than 8⅝ inches long and 5⅛ inches wide (22cm. x 13cm.) and no plain paper shall be joined thereto.
(3) The provisions of sub-section (1) of rule 7 shall apply in the case of hundis.
### 5. Promissory notes and bills-of-exchange.
- A promissory note or bill- of -exchange shall, except as provided by section 11 or by rules 13 and 17 be written on paper on which a stamp of the proper value, with or without the word 'hundi', has been engraved or embossed.
A pronote executed for Rs. 1,000 may be written either on impressed stamp or adhesive stamps by the virtue of rule 5 read with rule 13 of Stamp Rules and is covered by Article 49 (a) (ii).
### 6. Other instruments.
- Every other instrument chargeable with duty shall, except as provided [by section 11 or by rules 10, 12 and 13]
[Substituted by Notification No. 13, dated 15th October, 1927.]
, be written on paper on which a stamp of the proper value, not bearing the word 'hundi' has been engraved or embossed.
### 7. Provision where single sheet of paper is insufficient.
(1) Where two or more sheets of paper on which stamps are engraved or embossed are used to make up the amount of duty chargeable in respect of any instrument, a portion of such instrument shall be written on each sheet so used.
(2) Where a single sheet of paper, not being paper bearing an impressed hundi stamp, is insufficient to admit of the entire instrument being written on the side of the paper which bears the stamp, so much plain paper may be sub-joined thereto as may be necessary for the complete writing of such instrument :
Provided that in every such case a substantial part of the instrument shall be written on the sheet which bears the stamp before any part is written on the plain paper sub-joined.
### 8. []
[Substituted by G.S.R. 895, dated 1st January, 1958.]
-
| | |
| --- | --- |
|
One Anna, two annas, ten naye paise and fifteen naye paise
impressed stamps.
|
The duty on any instrument mentioned below may be denoted by a
coloured impression marked on a skeleton form of such instrument
by the Superintendent of Stamps namely :
|
|
|
(a) any instrument which is chargeable with a duty of one Anna
under the Act ;
|
|
|
(b) any instrument chargeable with a duty of ten naye paise
under the Act ;
|
|
|
(c) any instrument chargeable with a duty of fifteen naye
paise under article 37, 49 or 52 of Schedule I ;
|
|
|
(d) any instrument chargeable with a duty of two annas under
article 5, 19, 36 or 43 of Schedule I.
|
### 9. The proper officer.
- The officers specified in Appendix I and any officer appointed in this behalf by the Local Government of a Governor's Province, are empowered to affix and impress [or perforated]
[Inserted by Notification No. 13, dated 20th May, 1926.]
labels, and each of them shall be deemed to be 'the proper officer' for the purposes of the Act, and of these rules.
### 10. Affixing and impressing of labels by proper officer permissible in certain cases.
- Labels may by affixed and impressed [or perforated]
[Inserted by Notification No. 13, dated 20th May, 1926.]
by the proper officer in the case of any of the following instruments, namely :-
(i) those specified in Appendix II, and the counterparts thereof other than instruments on which the duty is less than two Annas ; and
(ii) those specified in Appendix III, when written in any European language, and accompanied, if the language is not English, by a translation in English:-
[Provided that the Local Government may direct that this rule shall apply, subject to any conditions which it may prescribe, to any of the instruments specified in Appendix III, other than Bills-of-Exchange, when written in any oriental language.]
[Substituted by Notification No. 13, dated 20th May, 1926.]
### 11. Mode of affixing and impressing label.
(1) The proper officer shall upon any instrument specified in rule 10 being brought to him before it is executed, and upon application being made to him, affix thereto a label or labels of such value as the application may require and pay for [and impress or perforate such label or labels by means of a stamping machine or a perforating machine, and also stamp or write on the face of the label or labels the date of impressing or perforating the same]
[Substituted by Notification No. 13, dated 20th May, 1926.]
. In the case of instruments written on parchment, the labels shall be further secured by means of metallic eyelets.
(2) On affixing any label or labels under this rule, the proper officer shall, where the duty amounts to rupees five or upwards, write on the face of the label or labels his initials, and where the duty amounts to rupees twenty or upwards, shall also attach his usual signature to the instrument immediately under the label or labels.
(3) The following officers may discharge the function of the proper officer under sub-rule (2), namely :-
(i) Any principal assistant of the proper officer empowered by the Local Government in this behalf :
(ii) In Calcutta, the Deputy Collector and the Superintendent of the Stamp Department of the Collector's office ;
(iii) In Karachi, the Assistant Superintendent of Stamps ; and
(iv) [ (a) In Chandigarh, the Superintendent or an Assistant in-charge of the stamping work in the Office of the Office of the Financial Commissioner Revenue, Punjab;
[Substituted by Punjab Notification No. G.S.R.3/C.A.2/1899/S.75/Am.(2) /2013, dated 10.1.2013.]
(b) At Divisional headquarters, the Superintendent or an official in-charge of the stamping work in the Office of the Divisional Commissioner concerned; and
(c) At District level, the Superintendent or an official in-charge of the stamping work in teh office of the Deputy Commissioner concerned.]
### 12. Certain instruments to be stamped with impressed labels.
(1) Instruments executed out of British India and requiring to be stamped after their receipt in British India (other than instruments which, under section 11 or rule 13, may be stamped with adhesive stamps) shall be stamped with impressed labels.
(2) Where any such instrument as aforesaid is taken to the Collector under section 18, sub-section (2), the Collector, unless he is himself the proper officer, shall send the instrument to the proper officer, remitting the amount of duty paid in respect thereof ; and the proper officer shall stamp the instrument in the manner prescribed by rule 11, and return it to the Collector for delivery to the person by whom it was produced.
Chapter III
-------------
Of Adhesive Stamps
### 13. Use of adhesive stamps on certain instruments.
- The following instruments may be stamped with adhesive stamps, namely :-
(a) Bills of exchange payable otherwise than on demand and drawn a sets, [when the amount of duty does not exceed ten Naye paise for each part of the set.]
[Substituted by GSR 895, dated 1.10.1958.]
(b) Transfers of debentures of public companies and associations.
(c) [Copies of maps or plans, printed copies and copies of or extract from registers given on printed forms]
[Substituted by Notification No. 1 3, dated 14.9.1935.]
when chargeable with duty under Article 24 of Schedule I.
(d) Instruments chargeable with stamp duty under Articles 5 (a) and (b) and 43 of Schedule I.
(e) Instrument chargeable with stamp duty under Articles 47 of Schedule I.
(f) Instruments chargeable with stamp duty under Articles 19, 36, 37, 49 (a) (ii) and (iii) and 52 of Schedule I.
### 13A. - Notwithstanding anything contained in these rules whenever the stamp duty payable under the Act in respect of any instrument cannot be paid exactly by reason of the fact that the necessary stamps are not calculation, [the amount by which the payment of duty shall on that account be in deficit shall be made up by the affixing of such one-anna, ten naye paise half- anna or five naye paise adhesive stamps, as are described in Rule 16 and as are necessary for the said instrument under the provisions of law for the time being in force]
[Substituted by Notification No. 13, dated 14.9.1935.]
, provided that a Local Government may direct that instead of such stamps, adhesive court-fee stamps shall be used for the purpose.
### 14. Supply of deficient duty on transfer of share.
- When instrument of transfer of shares in a Company or Association is written on a sheet of paper on which a stamp of the proper value is engraved or embossed, and the value of the stamp so engraved or embossed is subsequently, in consequence of rise in the value of such shares, found to fall short of the amount of duty chargeable under Article 62 (a) of Schedule I, one or more adhesive stamps bearing the words 'Share Transfer' may be used to make up the amount required.
### 15. Enrollment of Advocates, Vakils or Attorneys.
- [When adhesive stamps are used to indicate the duty chargeable on entry as an Advocate, Vakil or Attorney on roll of any High Court [such stamps]
[Substituted by Notification No. 13, dated 20.5.1926.]
shall be affixed under the superintendence of a Gazetted Officer of the High Court, who shall obtain the stamp from the Superintendent of Stamps or other officer appointed in this behalf by the Local Government and account to him for it. Such Gazetted Officer shall after affixing the stamp, write on the face of it his usual signature with the date thereof.
### 16. [ Adhesive stamp or denoting duty of four annas, etc.
[Substituted by GSR 895, dated 1.10.1958.]
- Except as otherwise provided by these rules, the adhesive stamps used to denote duty shall by the requisite number of stamps bearing the words "India Revenue" and the words "Four Annas" or "Twenty-five Naye Paise" or "Two Annas" or "Fifteen Naye Paise" or "One Anna" or "Ten Naye Paise" or "Half Anna" or "Five Naye Paise".]
### 17. Special adhesive stamps to be used in certain cases.
- The following instruments when stamped with adhesive stamps shall be stamped with the following description of such stamps, namely :-
(a) Bills-of exchange, cheques and promissory notes drawn or made out of British India and chargeable [with a duty of more than ten naye paise]
[Substituted by GSR 895, dated 1.10.1958.]
: with stamps bearing the words, ' Foreign Bill.'
(b) Separate instruments of transfer of shares and transfers of debentures of Public Companies and Associations : with stamps bearing the words 'Share Transfer'.
(c) Entry as an Advocate, Vakil or Attorney on the roll of any High Court : with stamps bearing the word "Advocate", "Vakil" or "Attorney", as the case may be.
(d) Notarial acts : with foreign bill stamps bearing the word 'Notarial'.
(e) [ Copies of maps or plans, printed copies and copies of or extracts from registers given on printed form]
[Substituted by Notification No. 13, dated 14.9.1935.]
certified to be true copies : with court-fee stamps.
(f) Instruments chargeable with stamp duty under Article 5 (a) and (b) or 43 of Schedule I : with stamps bearing the words "Agreement" or "Brokers Note" respectively.
(g) Instruments chargeable with stamp duty under Article 47 of Schedule I : with stamps bearing word "Insurance".
(h) [ Instruments chargeable with stamp under the rule framed under section 8 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, with stamps bearing the word "Consular."]
[Inserted by Notification No. 3, dated 1.4.1950.]
Chapter IV
------------
Miscellaneous
### 18. Provision for cases in which improper description of stamp used.
- When an instrument bears a stamp of proper amount, but of improper description, the Collector may, on payment of the duty with which the instrument is chargeable, certify by endorsement that it is duly stamped :-
[Provided that where the stamp borne on the instrument in a postage stamp and the proper description of stamp is a stamp bearing the words "Indian Revenue" or the words "Revenue B. & O." or the words "Bombay Revenue" the Collector shall so certify if the instrument was executed before, and shall not so certify, if it was executed on or after, the 1st April, 1935]
[Substituted by Notification No. 3, dated 31.3.1934.]
### 19. Evidence as to circumstances of claim to refund or renewal.
- The Collector may require any person claiming a refund or renewal under Chapter V of the Act, or the duly authorised agent, to make an oral deposition on oath or affirmation, or to file an affidavit, setting forth the circumstances under which the claims has arisen and may also, if he thinks fit, call for the evidence of witnesses in support of the statement set forth in any such deposition or affidavit.
### 20. Payment of allowances in respect of spoiled or misused stamps or on the renewal of debentures.
- When an application is made for the payment under Chapter V of the Act, of an allowance in respect of a stamp [which has been spoiled or misused or for which the applicant has no immediate use]
[Substituted by Notification No. 13, dated 20.5.1926.]
, or on the renewal of a debenture, and an order is passed by the Collector sanctioning the allowance or calling for further evidence in support of the application, then, if the amount of the allowance or the stamp in given lieu thereof is not taken, or if further evidence required is not furnished, as the case may be, by the applicant within one year of the date of such order, the application shall be struck off, and the spoiled or misused stamp (if any) sent to the Superintendent of Stamps or other officer appointed in this behalf by the Local Government for destruction.
### 21. Mode of cancelling original debenture on refund under Section 55.
- When the Collector makes a refund under Section 55, he shall cancel the original debenture by writing on or across it the word 'Cancelled' and his usual signature with the date thereof.
### 22. Rewards.
- On the conviction of any offender under the Act, the Collector may grant to any person who appears to him to have contributed thereto a reward not exceeding such sum as the Local Government may fix in this behalf.
Appendix I
'Proper Officers' within the meaning of Rule 9
### 1. The Superintendent of Stamps. ###
2. The Superintendent of Stamps (Political Resident), Aden.
### 3. The Collector of Stamps Revenue, Calcutta. ###
4. The Collector, or, in the absence of the Collector from headquarters, the Treasury Officer, of each of the following districts, namely :-
(1) Godavari.
(2) Tinnevelly.
(3) Malabar.
(4) South Canara.
(5) Chittagong.
### 5. The Treasury Officers, Moulmein, Akyed, Tavoy and Bassein. ###
6. The Deputy Tahsildar and the Sub-Collector at Tuticorin, and the Sarishtadar Magistrate at Cochin in respect of any instrument for which the value of the labels required does not exceed fifty rupees, and the Tahsilder at Kottayam in respect of any instrument for which the value of the labels required does not exceed one rupee.
### 7. The Assistant Superintendent of Stamps, Assam. ###
8. [ The Sub-Divisional Officer, or, in the absence of the Sub-Divisional Officer from headquarters, the Sub-Treasury Officer of the Dhalbhum Sub-Division in the District of Singhbhum.]
[Inserted by Notification No. 5, datd 18.3.1926. ]
Appendix II
List of Instruments referred to in Rule 10(i) | | | |
| --- | --- | --- |
|
|
|
No. of Article in Schedule I.
|
|
1
|
Administration-bond
|
...
|
2
|
|
2
|
Affidavits.
|
...
|
4
|
|
3
|
Appointments made in execution of a power
|
...
|
7
|
|
4
|
Articles of Association of a Company
|
...
|
10
|
|
5
|
Article of clerkship
|
...
|
11
|
|
6
|
Bills-of-Lading
|
...
|
14
|
|
7
|
Charter parties
|
...
|
20
|
|
8
|
Declaration of trust
|
...
|
64-A
|
|
9
|
Instruments evidencing an agreement relating to (1) the
deposit of title-deeds or instruments constituting or being
evidence of the title to any property whatsoever (other than a
marketable security) or (2) the pawn or pledge or hypothecation
of moveble property.
|
...
|
6
|
|
10
|
Leases partly printed or lithographed in an Oriental language,
when the written matter does not exceed one-fourth of the
printed matter.
|
...
|
35
|
|
11
|
Memorandum of Association of Companies
|
...
|
39
|
|
12
|
Mortgages of crops
|
...
|
41
|
|
13
|
Notes of protest by Masters of Ships
|
...
|
44
|
|
14
|
Revocations of trust
|
...
|
64-B
|
|
15
|
Share-warrants issued by a Company in accordance with Section
43 of the Indian Companies Act, 1913 (VII of 1913)
|
...
|
59
|
|
16
|
Warrants for goods
|
...
|
65
|
|
17
|
Note or memorandum when the duty payable exceeds two annas
|
...
|
43-B
|
|
18. [
[Inserted by Notification No. 17, dated 19.7.1926.]
|
Transfer of the descriptions mentioned in Article 62,
Clauses (a) and (b) of Schedule I, when the duty payable exceeds
Rs. 10]
|
...
|
62(a) & (b)
|
Appendix III
List of Instruments referred to in Rule 10 (ii) | | | |
| --- | --- | --- |
|
|
|
No. of Article in Schedule I.
|
|
1
|
Agreements or memoranda of agreements which in the opinion of
the proper officer, cannot conveniently be written on sheets of
paper on which the stamps are engraved or embossed.
|
...
|
5
|
|
2
|
Instruments engrossed on parchment and written in the English
style which, in the opinion of such officer, cannot
conveniently be written on sheets of paper on which the stamps
are engraved or embossed
|
...
|
\_\_
|
|
3
|
Awards
|
...
|
12
|
|
4
|
Bills-of-exchange payable otherwise than on demand and drawn
in British India
|
...
|
13(b) and (c) 15, 16, 26, 34, 56 and 57
|
|
5
|
Bonds
|
...
|
18
|
|
6
|
Certificates of sale
|
...
|
22
|
|
7
|
Composition-deeds
|
...
|
23
|
|
8
|
Conveyances
|
...
|
27
|
|
[8-A.
[Inserted by Notification No. 1 dated 11.3.1933.]
|
Debentures ]
|
...
|
|
|
9
|
Instruments imposing a further charge on mortgaged property
|
...
|
32
|
|
10
|
Instruments of apprenticeship
|
...
|
9
|
|
11
|
Instruments of co-partnership
|
...
|
46-A
|
|
12
|
Instruments of dissolution of Partnership
|
...
|
46-B
|
|
13
|
Instruments of exchange
|
...
|
31
|
|
14
|
Instruments of gift
|
...
|
33
|
|
15
|
Instruments of partition
|
...
|
45
|
|
16
|
Leases
|
...
|
35
|
|
17
|
Letter of licence
|
...
|
38
|
|
18
|
Mortgage-deeds
|
...
|
40
|
|
19
|
Power-of-attorney
|
...
|
48
|
|
20
|
Re conveyances of mortgaged property
|
...
|
54
|
|
21
|
Releases
|
...
|
55
|
|
22
|
Settlements
|
...
|
58
|
|
23
|
Transfers of the description mentioned in Article clauses
(c) , (d) and (e) of Schedule I
|
...
|
62(c) , (d) & (e)
|
|
65ba7e9cab84c7eca86ebaf9 | acts |
Union of India - Act
----------------------
The Disaster Management Authority (National Disaster Response Force) Rules, 2008
----------------------------------------------------------------------------------
UNION OF INDIA
India
The Disaster Management Authority (National Disaster Response Force) Rules, 2008
==================================================================================
Rule THE-DISASTER-MANAGEMENT-AUTHORITY-NATIONAL-DISASTER-RESPONSE-FORCE-RULES-2008 of 2008
--------------------------------------------------------------------------------------------
* Published on 13 February 2008
* Commenced on 13 February 2008
The Disaster Management Authority (National Disaster Response Force) Rules, 2008
Published vide Notification G.S.R. 87(E) , dated 13.2.2008 and published in the Gazette of India, Extraordinary, Part 2, Section 3(i), Sl. No. 68, dated 14.2.2008.
### 7. /440
G.S.R. 87(E) , dated 13.2.2008 - In exercise of the powers conferred by clause (f) of sub-section (2) read with sub-section (1) of section 75 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement
(1) These rules may be called The Disaster Management (National Disaster Response Force) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Disaster Management Act, 2005 (53 of 2005);
(b) "battalion" means a unit of the Central Para Military Force earmarked by the Force as a battalion;
(c) "Central Para Military Forces" means the Central Para Military Forces constituted under,-
(i) the Central Reserve Police Force Act, 1949 (
66 of 1949
);
(ii) the Border Security Force Act, 1968 (
47 of 1968
);
(iii) the Central Industrial Security Force Act, 1968 (50 of 1968); [\* \* \*]
[Omitted word "or" by Notification No. G.S.R. 857 (E) dated 11.12.2008 (w.e.f. 14.2.2008)]
(iv) the Indo-Tibetan Border Police Force Act, 1992 (35 of 1992);[or]
[Inserted Notification No. G.S.R. 857 (E) dated 11.12.2008 (w.e.f. 14.2.2008)]
(v) the Sashastra Seema Bal Act, 2007 (
[53 of 2007
)]
[Inserted Notification No. G.S.R. 857 (E) dated 11.12.2008 (w.e.f. 14.2.2008)]
(d) "National Authority" means the National Disaster Management Authority established under sub-section (1) of section 3 of the Act;
(e) "National Disaster Response Force" means the National Disaster Response Force constituted under sub-section (1) of section 44 of the Act.
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 3. Constitution of Force
(1) The personnel deputed from the Central Para Military Forces by the Central Government in the Ministry of Home Affairs vide Order Number 1/15/2002-DM-I/NDM-III (A), dated the 19th January, 2006 shall be deemed to have been deputed in the National Disaster Response Force under these rules.
(2) The Central Government may, in consultation with the National Authority, depute, as and when required, such member of personnel from the Central Para Military Forces to the National Disaster Response Force for the purposes of disaster management, having skills, capabilities and qualifications and experience of handling disaster and their management and such other technical qualifications as prescribed by the Central Government in this behalf:
Provided that in the case of non-availability of personnel with the required technical qualification and experience, the Central Government may appoint such personnel through deputation from other organisations or on contract basis.
(3) The personnel of a battalion deputed to the National Disaster Response Force under these rules shall remain ordinarily in such battalion for a period of five years:
Provided that no more than twenty-five per cent of the force may be replaced in one year.
### 4. Superintendence, direction and control of Force
(1) The general superintendence, direction and control of the National Disaster Response Force shall vest in, and be exercised by, the National Authority.
(2) The command and supervision of the National Disaster Response Force shall vest in the Director General of the National Disaster Response Force to be appointed by the Central Government.
(3) The Director General, National Disaster Response Force shall report to, and be under the administrative control of, the Vice-Chairman of the National Authority.
### 5. The responsibility, training, skill, duties, etc
- The National Disaster Response Force shall be trained and equipped as a specialised force to carry out the disaster management related tasks and for dealing with threatening disaster situations or disaster.
### 6. Conditions of service
(1) The terms and conditions of service including disciplinary powers relating to the personnel deputed from the Central Para Military Forces to the National Disaster Response Force shall continue to be regulated by the provisions of the Act and the rules applicable to the respective Force and its services.
(2) The terms and conditions of service including disciplinary powers relating to the personnel appointed under the proviso to sub-rule (2) of rule 3 shall be governed by such rules as are applicable to the officers and employees of the Central Government of the same grade.
|
65b8fe71ab84c7eca86e821c | acts |
State of Mizoram - Act
------------------------
Lai Autonomous District (Village Councils) Act, 2007
------------------------------------------------------
MIZORAM
India
Lai Autonomous District (Village Councils) Act, 2007
======================================================
Rule LAI-AUTONOMOUS-DISTRICT-VILLAGE-COUNCILS-ACT-2007 of 2007
----------------------------------------------------------------
* Published on 1 January 2007
* Commenced on 1 January 2007
Lai Autonomous District (Village Councils) Act, 2007
Last Updated 18th February, 2020
Statement of Objects and Reasons. - The existing laws i.e. the Pawi Autonomous District Council (Village Council) Act, 1974 and the Lai Autonomous District (Village Council) (Amendment) Act, 1993 have become outdated and are no longer useful to cope with the present need for village administration.
Therefore, legislation of new law is felt necessary.
Hence the Bill.
Chapter - 1
### 1. Short Title and Commencement.
(1) This Act may be called the Lai Autonomous District (Village Councils) Act, 2007
(2) It shall extend to the whole of Lai Autonomous District.
(3) It shall come into force on the date of publication in the Mizoram Gazette.
### 2. Definition.
- In this Act, except where it is expressly provided or the context otherwise requires:-
(1) 'Collective Works' means a community work done by the village jointly for the common good.
(2) 'District' means the Lai Autonomous District as provided in Part- III of the table appended to Paragraph 20 of the Sixth Schedule to the Constitution of India.
(3) 'District Council means the Lai Autonomous District Council.
(4) 'Executive Body' means the executive body of the Village Council.
(5) 'Executive Committee' means the Executive Committee of the Lai Autonomous District Council.
(6) 'Governor' means the Governor of Mizoram.
(7) 'Judicial function' means the judicial function of the Village Council.
(8) 'Khaw Upa' means a Village headman appointed to look after a Sub-Village under the authority of Executive Committee in consultation with the Village Concerned.
(9) 'Legislative function' means the legislative functions of the Village Council
(10) 'Member' means a member of a Village Council
(11) 'President' means a President of a Village Council elected by majority of members of Village Council or appointed as such by the Executive Committee
(12) 'Scheduled Tribe or Tribes' means such tribe or tribes as are specified by the President of India under Article 342 (1) of the Constitution of India as modified by law made by Parliament from time to time in so far as the specification pertains to the State of Mizoram.
(13) 'Secretary' means the Secretary of a Village Council.
(14) 'Tlangau' means the village announcer.
(15) 'Vice President' means a Vice President of a Village Council elected by majority of members of Village Council or appointed as such by the Executive Committee.
(16) 'Village Council' means a Village Council constituted under the provisions of this Act
(17) 'Voter' means a person who is entitled to vote at any election to the Lai .AAutonomous District Council.
CHAPTER-II Establishment of Village Council
### 3. Constitution of Village Council.
(1) There shall be a Village Council in each village within the jurisdiction of the District Council of the Lai Autonomous District.
(2) A Village Council shall be composed of members according to the number of houses it contains as specified below:-
For a village having 50-120 houses:
### 3. Elected members and 1 nominated member. For a village having 121-240 houses:
### 5. Elected members and 1 nominated member.
For a village having 241 above:
### 5. Elected members and 2 nominated members. (3) The elected members as provided above shall be elected on the basis of adult suffrage and in accordance with the Rules made by the Lai Autonomous District Council under this Act. The other nominated members shall be appointed by the Executive Committee of the Lai Autonomous District Council on the recommendation of the President of the Village Council immediately.
### 4. Qualification for membership.
- A person shall not be qualified for being elected as and for being a member of the Village Council if:-
(1) he/she is not a member of Scheduled Tribe or a permanent resident of the Lai Autonomous District.
(2) he/she has not attained the age of 25 years.
(3) he/she is not a voter where he/she is not a permanent resident and a voter where he/she seeks election.
(4) he/she is a member of any other Village Council.
(5) he/she is of unsound mind and stands so declared by a competent court or authorities.
(6) before or after the commencement of this Act, he/she has been convicted of an offence under the existing law of the Lai Autonomous District Council or under any other law for the time being in force in India, unless a period of three years has elapsed since his/her conviction, and if imprisoned.
(7) he/she is not a citizen of India.
(8) in case the Executive Committee thinks necessary one Khaw Upa (Village Headman) shall be appointed in a sub-Village in consultation with the concerned Village Council President, a person so appointed should qualify for membership under section-4 of this Act
Provided that any member of Village Council who has transferred his/her vote from where he/she has been elected shall flot be entitled to continue his/her membership and the seat shall be declared vacant.
### 5. Removal of members. (1) Any member of the Village Council, who due to serious illness cannot attend the meetings of the Village Council and is not likely to recover from his/her illness for the whole term of that Village Council, the President of that Village Council shall submit a report to the Executive Committee. The Executive Committee on receipt of such reports, shall make an inquiry and may take action as it thinks proper on the basis of the inquiry.
(2) Any member of the Village Council, who due to serious disregard of his/her duty as a member does not attend the meeting of the Village Council for three consecutive meetings, may be removed from his membership. Such decision for the removal of the member shall be made by the majority of members in the full sitting of that Village Council and shall be - forwarded to the Executive Committee for approval. On such decision being approved, his seat shall be declared vacant.
(3) The Executive Committee shall have the power to disallow any member to attend the meeting of the Village Council for a specified period not exceeding three months, if he/she is found to be undesirable for willful disobedience or misconduct in the discharge of his/her duties as a member. Such member shall not be entitled to enjoy remuneration during the period he/she is not allowed to attend the meeting as a member.
### 6. Term of Village Council.
(1) Every Village Council unless sooner dissolved, shall continue for three years from the date of its first· meeting appointed by the Executive Committee.
(2) The Executive Committee shall have the power to extend the term by not more than six month at a time.
### 7. Tenure of membership for Elected and Nominated member.
(1) All the elected members of the Village Council shall hold office during the life of the Village Council. A member nominated to a Village Council under the provision of sub-section(3) of section-3 shall hold office during the pleasure of the Executive Committee.
### 8. Vacation of Office of the Executive Body.
(1) The President or Vice President of the Village Council may be removed on. a vote of no-confidence passed by majority of members of a village council at the meeting specially convened for the purpose. For removing the President or the Vice President of the village council, a motion expressing want of confidence in the conduct of the President or the Vice President as the case may be, duly signed by the majority of the members of the Village Council shall be submitted to the Executive Committee of the Lai Autonomous District Council at any time before the commencement of any meeting of the Village Council.
(2) Members of the Village Council desiring to move a motion of no confidence against either the President or the Vice President of a Village Council should submit such demand in writing signed by them to the Executive Committee of the District Council coupled by making physical appearance.
(3) The Executive Committee or officer authorised in this behalf shall then fix a date within ten (10) days from the date of physical appearance to take up the motion if their demand is found satisfactory enough.
(4) A motion shall be decided by taking votes of the members who shall vote by raising hands or by secret ballot. If the motion of no confidence is passed by the majority of members, the person presiding over the meeting shall declare in the meeting that the President or the Vice President against whom the motion is moved from his office, if the motion fails for want of the required number of votes, the person against whom the motion was moved shall continue his office at the first instance, the person presiding over the meeting shall not be entitled to vote, but shall have the right to exercise his casting vote in case of equality of votes.
(5) Provided that if the motion is moved for the removal of the President of the Village Council, the Vice President of the Village Council shall preside over the meeting, and if the motion is moved for the removal of the Vice President, the President of the Village Council shall preside over such meeting.
(6) In the event of removal of President or Vice President, as the case may be, the President or Vice President of the same Village Council, shall be elected within two days counting from the date of removal of either the President or the Vice President by the Village Council members. Such election shall be presided over by the President, if election is for the Vice President, and by the Vice President if the election is for the President.
(7) Secretary of the Village Council shall keep record of such reports and submit in writing to the Executive Committee immediately failing which disciplinary action as the Executive Committee deems fit shall be taken against him/her.
Provided that in case of failure in the election of either the President or the Vice President, as the case may be, the Executive Committee shall assume to itself powers and functions of the Village Council, and may' appoint any employee of the Lai Autonomous District Council to exercise such power and function in this behalf, for a period not exceeding three months at the first instance.
Provided that a period of three months may be extended to another three months at every occasion by a fresh public notification till a new President or Vice President as the case may be, is elected without dissolving the Village Council.
Provided further that in the opinion of the Executive Committee, a situation has arisen in which the election of the President and the Vice President of the Village Council cannot be held in the village, the Executive Committee shall take action to dissolve the Village Council for the purpose of holding fresh election.
### 9. (a) Executive Body. - (1) There shall be a President, a Vice President and a Secretary in each Village Council to form an executive body in which the executive function shall be vested.
(2) The President and the Vice President of the Village Council shall be elected by the members of Village Council from amongst themselves by a majority of votes.
(3) There shall be a Secretary of the Village Council who may be appointed or dismissed by the Executive Committee on the advice of the President of Village Council, and shall function as a Secretary, but as not a member of the Village Council.
(4) Neither the President nor the Vice President of the Village Council shall be eligible to hold office of Secretary of the Village Council under any circumstances.
(5) Every member and the Secretary of the Village Council may, at any time by writing under his hand, submit his resignation to the Executive Committee through the President of the Village Council, who shall immediately forward to the concerned authority of the Executive Committee. The Executive Committee shall arrange to elect or appoint as the case may be a substitute as soon as possible.
(6) The President may, at any time by writing under his/ her hand, submit his/her resignation to the Vice President of the Village Council who shall without delay forward to the Executive Committee and until the Executive Committee accept the resignation, he/she shall continue to discharge the duties of the President.
(7) The Vice President of the Village Council may, at any time by writing under his/her hand submit his/her resignation to the President of the Village Council who shall without delay forward to the Executive Committee and until the Executive Committee accept the resignation, he shall continue to discharge the duties of the Vice President.
(8) If at any time, for any reason there is vacancy of a seat in the Village Council, it shall be reported forthwith to the Executive Committee either by the President or the Secretary of the Village Council.
(9) If for any reason, the office of the President becomes vacant, the Executive Committee shall cause the vacancy to be filled as soon as possible. In the meantime, the duties of the office shall be performed by the Vice President of the Village Council.
(10) If at any time, for any reason, there is vacancy of a seat in the Village Council, it shall be report forthwith to the Executive Committee either by the President or by the Secretary and the Executive Committee shall make arrangement to fill up the seats as provided by the Election Rules of Village Council.
(b) Legislative functions:-
(1) A Village Council shall have the power to make Rules for the normal administration of the Village in accordance with the needs of the village.
(2) The Rules made by the Village Council shall be in keeping with the culture, custom and practices of the village community.
(3) Rules made by the Village Council shall be submitted to the Executive Committee for approval and until approved by the Executive Committee in its full sitting such Rules shall have no effect.
(c) Judicial functions:-
(1) There shall be a Village Court in each village for the trial of suit and cases falling within the customary laws and practices of the
(2) Until Rules are made in its behalf by the District Council, the Village Council of a village shall function as the Village Court of that village for the trial of suit and cases between parties all of whom belong to the village.
(3) A Village Court shall normally trial suit and cases of the nature falling within the customary laws of the village community.
(4) Every village Court shall have the power to trial thefts and petty crimes in which the punishment may extend to a maximum of Rs. 500 (Rupees five hundred) only.
(5) Appeal from a Village Court shall lie to the Subordinate District Council Court.
### 10. Dissolution of Village Council.
- The Executive Committee may, by public notification appoint a commission under this Act consisting of not more than three persons to be appointed from amongst officers of the District Council to inquire the affairs of a Village Council if it is considered too in-efficient or is unable to carry on the village administration or is acting in a manner pre-judicial to the interest of the state or, is found to have been indulging in corrupt practices in matter of village administration and such a commission shall, after proper inquiry, submit each report of findings along with its recommendations to the Executive Committee within a period of time specified by the Executive Committee.
The Executive Committee may order either;
(a) Suspension of the Village Council for a period of three months at a time which may be extended for another three months or,
(b) Dissolution of the Village Council for fresh election.
When order is made under (a) above, the Executive Committee shall assume to itself all the power and functions of the Village Council and may authorise in this behalf any employee of the Lai District Council to exercise this function during the period of suspension.
When a Village Council is dissolved under (b) above, fresh election shall be held within six months.
Provided that pending of the election of Village Council the Executive Committee may authorise any employee of the Lai Autonomous District Council as specified above.
### 11. Duties & functions of the Village Council.
- Subject to such rules except those may specifically be prescribed in such behalf by the Executive Committee duties and functions of Village Council shall be;
(1) Cleaning of village roads and path.
(2) Sanitation and conservancy in the village area and the prevention of public nuisance.
(3) Construction, maintenance and improvement of public wells and tanks for the supply of water to the village for drinking washing and bathing purposes.
(4) Opening of, and regulating, burial and cremation grounds for disposal of dead bodies of human beings, and allocation of places for disposal of dead animals and other offensive matter.
(5) Taking of curative and preventive measure in respect of an epidemic.
(6) Construction, maintenance and improvement of village
(7) Control of village grazing grounds, location of glazier Khuties within the village area, village common and other communal property.
(8) Regulating the construction of new buildings or houses, or the extension or alteration of any such existing ones.
(9) Anti Malaria and Anti Kala Azar measures and enforcement of vaccination.
(10) Registration of births and deaths and maintenance of register for the purpose.
(11) Registration of marriage.
(12) Supplying local information as and when require to the District Council or the State Government.
(13) Measures necessary for the preservation of public health and for improving the sanitation conservancy of drainage of the village area.
(13) Measures of public utility calculated to promote the moral and material wen-being of the villagers.
(15) Planting of trees at the sites of public places, on village roads and paths, and taking care of them.
(16) Working and maintenance of public radio sets for the benefit of the villagers.
(17) Establishment and maintenance of libraries, reading rooms, social and cultural clubs or other places for recreation and games.
(18) Popularization of sports including indigenous sports, folks dances, folk song and organization and celebration of national and other local festival.
(19) Any other functions and powers as may be delegated by the District Council from time to time.
(20) Regulation and order of collective works.
(21) The Village Council shall allot a particular region or area within the boundaries of each Village for jhum and subsidiary cultivation each particular year, and the distribution of the jhum and subsidiary plots shall be done in accordance with the laws frame by the District Council under Paragraph 3 (1) (d) of the Sixth Schedule to the Constitution of India.
(22) Creation of Safety Reserve: Every Village shall have safety reserve for the protection of fire etc. and no one shall be allowed to cut tree or to have gardening and agriculture activity within the safety reserve. Proper boundary of the safety reserve area shall be· demarcated and reported to the concerned department for record. Any violation of trespass into the safety reserve in a manner pre judicial to the safety of reserve shall be punishable with a fine which may extend to Rs.1000 (Rupees one thousand) only.
(23) Creation of Supply Reserve: The Village Council shall create or maintain a supply reserve for the village. The reserve shall be accessible for collection of materials for construction of houses etc. The Village Council shall be generally held responsible for the proper and maintenance of this reserve.
(24) The Village Council shall have the power to prohibit the. use of explosive or poison for the purpose of fishing or killing animals or birds. In the event of violation of the above provisions within the jurisdiction of the Village, and the Village Council of that village fail to take notice and does not report the matter to the District Council. The Village Council concern shall be held responsible and shall be liable to punishment with a fine as provided in Subsection (22).
For each or any of the above duties and functions, the Village Council may appoint a separate Committee which shall be responsible for implementing its decisions.
### 12. Regulation of Collective Works.
(1) Each Village Council shaH have powers to exempt any person or persons from collective works on the ground of illness and other reasonable causes at its own discretion. The reason for the exemption shall recorded in writing. No person who is sixty years of age or above shalt be compelled to do any collective works.
(2) Any person below fifteen years of age shall not be allowed to represent in the collective works
(3) The President or the Secretary of a Village Council shaH have a list of persons performing collective works and shall see that each household is represented.
(4) One or more representative from the Village Council shall supervise the collective works.
(5) The President of the Village Council shall announce in the Village the proposal for holding collective works appointing the date and the time.
(6) Any person who docs not comply with the order of collective works shall be liable to a fine either in kind or in cash not exceeding Rs.90 (Rupees ninety) per collective working day unless he has been exempted from collective works or has obtained commutation under Sub-section (1).
(7) If a Village Council 11t1lsto carry out its order to realize fine impose upon any person, the matters shall be referred to the Executive Committee for the realization of the fine.
(8) Every persons shall have the option of commuting his obligation to render service under collective works to payment of cash compensation in lieu of it at a rate to be fixed by a Village Council not exceeding Rs. 70 (Rupees seventy) per collective working day,.
(9) Utilization of fine etc. :
(a) The amount of fine mentioned in Sub-section (6) and cash cornpensati9Il mentioned in Sub-section (8) may be spent by the persons performing collective works in any manner they think fit and proper.
(b) The Secretary of the Village Council shall keep the accounts of receipt expenditures of fine and compensation, and any persons shall be at liberty to inspect the accounts.
(10) Any disputes arising out of the performance of collective 'works shall be settled by the Executive Committee and such decision shall be final and binding on all concerned. Any other matters connected with the collective works and which are not provided for in this Act shall be regulated by the District Council, and all the decision shall be notified by the Executive Committee in a manner it consider appropriate.
### 13. Sanitation.
- Each Village Council shall be responsible for the sanitation of the Village. A sanitation committee shall be appointed by the Village Council if necessary.
### 14. Collection of Taxes.
(1) The Executive Committee or any officer authorised by it in this behalf, shall either appoint tax collectors or allot the works of the collection of taxes to suitable persons, specifying their duties and any other matters connected with the collection of taxes.
(2) Collection of taxes shall be done strictly in accordance with the rule or under the instructions and the direction given by the Executive Committee or any Officer of the District Council authorised by the Executive Committee in that behalf.
CHAPTER-III Conduct of Business
### 15. Meeting of the Village Council.
(1) The President of the Village Council shall preside over all the meetings. He shall summon the meetings of the Village Council whenever necessity arises, or if and when two-third of the members in writing request him to do so.
(2) The quorum to constitute a meeting of the Village Council shall be two-third of the members.
(3) All proposals and questions shall be decided by a majority of votes.
(4) The President or any members presiding the meeting shall not have vote at the first instance but shall have an exercise a casting vote in the case of equality of votes.
(5) The President shall summon the meeting at least once in two months and sixty days shall not elapse between the date of the last meeting and the next meeting.
(6) The Secretary and Tlangau shall also attend the Village Council meeting but shall not have vote.
### 16. Maintenance of Order.
- The President shall preserve order and have all powers necessary for the purpose of enforcing decision during the meeting as follows:-
(1) He may direct any member whose conduct is, in his OpInIOn, disorderly, to withdraw immediately from the day's meeting. The member ordered, in this manner, shall comply with the order at once.
(2) If any member is ordered to withdraw for a second time from a meeting of the same meeting of the Village Council. the President may suspend the member for the remaining period of the same meeting.
(3) If any member fails to carry out the directions given to him under Sub-Section (1) or Sub-Section (2), the President shall report, in writing, the conduct of the member to the Executive, Committee. On receipt of such report, the Executive Committee may, if it deems necessary suspend the member for any period considered reasonable.
### 17. Village Council Fund.
- There shall be a fund for every village council, a fund to be called "Village Council Fund". Any collection authorised by Law, other than revenue and taxes made in a village for the good of the people shall be paid into the said fund. The Secretary shall, keep the Village Council Fund and the accounts which shall be opened for inspection as and when any member of a Village Council considers necessary.
### 18. Responsibility of the President.
(1) The President shall cause notice and instructions for prevention of dangers such as out-break of fire, epidemic, etc. in the village to be proclaimed by engaging 'Tlangau' and whenever notices, orders: circulars or letters are received for re-distribution from the District Council to pass onto the other village, he shall forthwith cause it to be sent through the 'Secretary'.
(2) The President shall be responsible for the compliance of all orders and notifications issued either by the District Council or any state Government's department authorities through the office of the District Council.
(3) The President shall cause all such orders and notifications to be read out by the Secretary in the meeting of the Village Council and if it is necessary, to be brought to the knowledge of the public, it shall be given over to the Secretary for publication by the 'Tlangau'.
(4) The Secretary shall be responsible for the proper and up-to-date maintenance of all books and records.
### 19. Duties of Secretary.
(a) He shall record all the proceedings of the Village Council as well as the Village Court and such records shall be signed by the President. He shall publish all orders, notification and records as may be necessary and such orders, notification and records shall be signed by the President.
(b) On receipt of any orders, notices, circulars or letters from the District Council or from any authorities in the state government for service for onward transmission to other village, the Secretary shall cause it to be served or transmit to any other. Village Council as may be directed and he shall be responsible to carry out such direction.
(c) He shall keep all the books and records of the Council and of the Village Court. He shall send all such books and records to the Executive Committee as may be required by it, with his own signature and of the President.
(d) All books and records shall be kept ready to be examined once in a year by the officer of the District Council or any member of the Village Council so appointed in this behalf.
(e) He shall keep the Village Council Fund and the accounts as provided in Section 17.
### 20. Village Site.
(1) Without the written permission of the Lai Autonomous District Council, no such village or temporary village shall be made or setup at any site within the Lai District area.
(2) A Village Council shall not shift the site of a village to a new site without the previous approval of the Lai Autonomous District Council.
(3) The Executive Committee or any officer authorised by the Lai Autonomous District Council may evict any person or persons having in-occupation of un-authorised sub-village or temporary village. After serving on such person or persons, individually of a notice shall vacate the area within a period of one month.
(4) Failure to vacate the area within the time fixed in the notice, the Executive Committee or and officer of the District Council authorised in that behalf, may impose a fine not exceeding Rs. 1,000/- per month to each family for the un-authorised occupation after the service of the notice.
(5) The order of the Executive Committee or of the officer under Sub- Section (3) and (4) above, shall be deemed to be an appropriate clause of the competent Civil Court for the purpose of evicting unauthorised occupation from the area to which this section applies.
### 21. Allotment of House-site or Land.
(1) No person shall be allowed to construct a house for any purpose without the written permission of the Executive Committee or officers authorised in this behalf.
(2) The Village Council should be consulted before the house or any building is constructed.
Provided that nothing restricts the power of Executive Committee from allotting any house-site or sites for constructing a house or houses for any purposes, or land for jhumming or gardening purposes within the territorial jurisdiction of a village.
Provided further that in doing so the Executive Committee shall consult with the village concerned.
### 22. Boundaries and jurisdiction of Village.
- In fixing the boundaries of the . village, the Executive Committee may appoint Boundary Commission and the report and finding of the Commission shall be laid before the Council in Session.
### 23. Tlangau.
(1) There shall be one or two Tlangau for each Village Council as determined by the Executive Committee.
(2) The President shall have a power to appoint or dismiss the Tlangau but such case shall be reported to the Executive Committee for approval.
(3) The duties of Tlangau shall be as follows:-
(a) He shall bring to the notice of the public all orders and notifications the Village Council may direct to be notified.
(b) He shall summon all parties and other person required by the Village Council or Village Court to attend its meeting.
(c) The Secretary of Village Council may also direct the Tlangau to bring to the notice of the public any other matter not necessarily connected with the affairs of the Village Council or any officer of the Lai District Council on duty.
(d) If at any time emergency requires the gathering of the public in the interest of the village, any member of the village council may, without the previous approval of the President, direct the Tlangau to summon all the village.
(e) The Tlangau shall carry notice to all the members of the Village Council for all meetings of the Village Council summoned by the President.
### 24. Remuneration of Member.
- The District Council from time to time shall, have the power to determine entitlement of the remuneration and privileges of President, Vice President, members, Secretary, Tlangau and Khawupa.
### 25. Power to make Rules.
- Subject to the approval of the Governor, the Executive Committee may make Rules for the carrying out of any of the provisions of this Act.
### 26. Removal of Doubt and Difficulty.
- If any doubt or difficulty arises in giving effect to the provision of this Act, the Executive Committee may, as occasion may require by order do anything not inconsistent with the provision of this Act or rules made there-under which appears to it necessary for the purpose of removing such doubt and difficulty.
### 27. Repeal and Saving.
(1) The Pawi Autonomous District Council (Village Councils) Act, 1974, and the Lai Autonomous District (Village Councils) (Amendment) Act, 1993 are hereby repealed.
(2) Notwithstanding such repeal, any action taken or proceeding made under any provisions of the Acts repealed therein shall be deemed to be the action taken or proceedings made by this Act.
|
65b93390ab84c7eca86e8949 | acts |
State of Odisha - Act
-----------------------
Orissa Debt Bondage Abolition Rules, 1963
-------------------------------------------
ODISHA
India
Orissa Debt Bondage Abolition Rules, 1963
===========================================
Rule ORISSA-DEBT-BONDAGE-ABOLITION-RULES-1963 of 1963
-------------------------------------------------------
* Published on 5 January 1963
* Commenced on 5 January 1963
Orissa Debt Bondage Abolition Rules, 1963
Published vide Notification No. 536-Ag. 92/62-R, dated 5th January 1963
No. 536-Ag. 92/62-R. - In exercise of the powers conferred by Section 22 of the Orissa Debt Bondage Abolition Regulation, 1948 (Orissa Regulation 1 of 1948), the State Government do hereby wake the following rules to carry out the purposes of the said Regulation, namely :
### 1. Short title and commencement.
- These Rules may be called the Orissa Debt Bondage Abolition Rules, 1963.
### 2. Definition.
- In these rules unless the context otherwise requires-
(a) "Regulation" means the Orissa Debt Bondage Abolition Regulation, 1948;
(b) "Schedule" means schedule appended to these rules;
(c) all words and expressions used in these rules and not defined herein shall have the same meanings as are respectively assigned to them in the Regulation.
### 3. Labour agreement.
(1) The Labour Agreement shall expressly mention the following particulars, namely :
(a) Name of the employer, his parentage, address and vocation;
(b) Name of the Labourer, his parentage, address, vocation and age;
(c) Whether the Labourer was employed by the employer or any of his relatives last year;
(d) Advance paid;
(e) Rate of Interest, if any;
(f) Period and nature of employment.
(2) A copy of the labour agreement shall be filed by the employer at least 15 days prior to commencement of the period of employment specified in the labour agreement.
### 4. Registration of the labour agreement.
- Every labour agreement entered into under the Regulation shall be filed in duplicate in the office of the Sub-divisional Officer or in the offence of any other authority appointed by the State Government in that behalf and every such agreement shall be entered in a register kept in the form given in Schedule A. The serial number of the agreement in the register shall be mentioned on each of its copies and original shall be returned on the same day, it is filed.
### 5. Enquiry under certain circumstances.
- The agreement shall be examined by the authority according to Section 4 of the Regulation and if it is found void or irregular, the authority concerned may issue notice to the employer and the labourer they are not present and after making such enquiry as he considers necessary may declare the agreement wholly void or get the agreement corrected.
### 6. Repayment of advance by Labourer.
(1) If a Labourer wishes to pay off and actually pays the balance due out of the advance together with the interest thereon if any, at any time during the subsistence of a valid labour agreement he shall be free from all obligations to perform labour under the agreement.
(2) If the employer does not accept a payment made under Sub-rule (1) the Labourer may apply to the Tahasildar intimating him the facts and his intention to pay off the balance to free himself from the agreement. If the Tahasildar after due enquiry is satisfied about the intention of the labourer he shall direct the employer to take payment of the dues in his presence and to return the labour agreement to the Labourer with an endorsement of full satisfaction which shall be attested by the Tahasildar.
(3) If the employer does not attend the enquiry without lawful excuse or refuses to accept the payment the agreement may be declared void and thereupon the liability to perform labour under the agreement shall be extinguished and the facts shall be noted in the relevant column of the register of labour agreement.
### 7. Fixation of fair and equitable remuneration.
- On the recommendation of Collector, the State Government from time to time fix the fair and equitable remuneration of the labourers and on such notification the subsisting labour agreement providing less remuneration shall be void unless the difference for the unexpired portion of the labour agreement is paid to the Labourer and his receipt duly attested by an Officer not below the rank of a Tahasildar is filled before the Officer before whom the agreement is filed.
### 8. Power of Revenue Officer to launch prosecution.
- On receipt of information any officer of the Revenue Department not below the rank of Tahasildar may institute a prosecution for any offence committed under this Regulation before the Sub-divisional Officer having jurisdiction. The Sub-divisional Officer shall follow the procedure of summary trial in the Code of Criminal Procedure, 1898 (5 of 1898), for the disposal of the cases instituted under the Regulation.
### 9. Composition of offence.
- Such offence may however be compounded by an Officer of the Revenue Department not below the rank of a Tahasildar by accepting from any person reasonably suspected of having committed any offence under this Regulation, a sum of money by way of composition tor the offence. On payment of such a sum of money to such an Officer, no further proceedings shall be taken against such person in respect of such offence. The money so paid or a portion of it, as may be decided by the Officer, shall be paid to the aggrieved party.
|
65ba0b22ab84c7eca86ea8da | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Farmers Management of Irrigation Systems Rules, 1997
---------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Farmers Management of Irrigation Systems Rules, 1997
=====================================================================
Rule ANDHRA-PRADESH-FARMERS-MANAGEMENT-OF-IRRIGATION-SYSTEMS-RULES-1997 of 1997
---------------------------------------------------------------------------------
* Published on 1 January 1997
* Commenced on 1 January 1997
Andhra Pradesh Farmers Management of Irrigation Systems Rules, 1997
Last Updated 21st October, 2019
In exercise of the powers conferred by Section 43 read with Sections 3, 4, 5, 6, 7, 8, 9, 10, 13, 17, 18, 19, 20, 28, 29 and 31 of the Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997 (Act 11 of 1997), the Governor of Andhra Pradesh hereby makes the following rules. :-
### 1. Short Title.
- These rules may be called the Andhra Pradesh Farmers' Management of Irrigation Systems Rules, 1997.
### 2. Definition.
- In these rules, unless the context otherwise requires
(1) "Act" means the Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997.
(2) "Authorised Officer" means an officer authorised by the District Collector not below the rank of a Deputy Tahsildar.
(3) "Form" means a form appended to these rules.
(4) "Farmers Organisation" means Water Users' Association at the primary level, Distributory Committee at the secondary level and Project Committee at the project level.
(5) "Notice" means Notice appended to these rules.
### 3. Delineation of Command Area of an Irrigation System.
(1) The District Collector shall delineate or cause to be delineated by the authorised officer, the command area of each irrigation system within the District into areas of operation for the purpose of forming Water Users' Associations, distributory committees and project committees in each of the said areas, and publish in Notification-I, appended to these rules. The farmers organisation as so formed shall have distinct names.
Provided that the District Collector may either suo motu or on an application made to him for the reasons to be recorded in writing revise or rectify, the delienation published in the Notification-I appended to these rules.
Explanation. - for the purpose of this rule, it is hereby clarified that every Water Users' Association shall have the name of a village as its distinct name in which the major extent of the ayacut is situate. If there is more than one association in such village, then such association shall be called by adding numerals to the distinct name.
(i) for each of the irrigation system he shall cause preparation of maps or sketches, indicating the distribution system like major, minors and outlets along with the related structures in the command area. In the map or sketch the village boundaries, the drains, ayacut roads and all structures shall be marked.
(ii) the areas irrigated or planned to be irrigated under each of the distributory, minor, survey number wise shall be prepared.
(iii) the command area for each water user area shall be delineated on hydraulic basis, each to be served by a distinct segment of the irrigation system and with a control structure or a mechanism at its head for supply of allocated or designated quantity of water for that command area.
(iv) such delineated area may have one or more distributories or minors or sub-minors or direct pipes or outlets or a combination of two or more thereof, serving its command. It shall also have a distinctly demarcated boundary which could be a drain, or a bund or an uncommandable land.
(v) in case of minor irrigation system, including tanks, diversion channels, lift irrigation schemes, wells, and such other smaller irrigation systems each shall form into one water user area.
(vi) in case of major and medium irrigation system such delineated water user areas shall be more than one.
(vii) to ensure administrative viability, the area of operation of each of the Water Users' area shall be within the limits of a village or contiguous villages situated within a Mandal, as far as possible.
(2) The District Collector shall divide each of the Water Users' area in a Major or Medium Irrigation Project, as far as possible equally into such even number of territorial constituencies as specified below; and display the same.
upto 1000 hectares -- 4 territorial constituencies
from 1001 to 1500 ha. -- 6 territorial constituencies
from 1501 to 2000 ha. -- 8 territorial constituencies
more than 2000 ha. -- 10 territorial constituencies
In respect of minor irrigation projects the Water Users' area as far as possible be equally divided into such even number of territorial constituencies as specified below; and display the same.
upto 200 ha. (500 Ac.) -- 4 constituencies
from 201 ha. to 400 ha. (1000 Ac.) -- 6 constituencies
from 401 ha. to 600 ha. (1500 Ac.) -- 8 constituencies
from 601 ha. to 2000 ha. (5000 Ac.) -- 10 constituencies
(3) The draft command area map or sketch of the Water Users' area demarcating the boundaries of territorial constituencies in the area of operation shall be prepared. The particulars containing the survey numbers of the lands situated in each of such territorial constituency in Form "A" shall be displayed together with such map or sketch on the notice board of the Gram Panchayat and the Mandal Parishad under sub-rule (2), for information of the land holders.
(4) Objections or suggestions against the delineation of Water Users' area or the division of Territorial Constituencies, if any, shall be filed, by the land holders in the area of operation, before the District Collector or an officer nominated by him in this behalf, within a period of {seven days} excluding the date of display.
(5) Within two days of the receipt of the objections or suggestions, the District Collector or the officer nominated in this behalf, shall after conducting a summary enquiry make such changes or modifications wherever considered necessary in the maps or sketches duly recording reasons thereof, whose decision thereon shall be final.
(6) A final map or sketch in pursuance of sub-rule (5) shall immediately be displayed in the office of the Gram Panchayat and Mandal Parishad in Form "AA" by the District Collector or by the Authorised Officer.
(7) Wherever the area of operation of a Farmers' Organisation falls in more than one district, the Commissioner may nominate an officer to exercise the powers and perform the functions of a Collector in such area.
### 3A. Appeal from the order of the Collector.
- An appeal from the order of the District Collector made under sub-rule (1) of Rule 3 shall lie to the Commissioner, Command Area Development within seven days from the date of the order of the District Collector.
### 3B. Power of revision and review by the Government.
(1) The Government may either suo motu or on an application from any person interested, call for and examine the records of the District Collector in respect of any proceeding to satisfy themselves as to regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein, and if in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly :
Provided that the Government shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation.
(2) The Government may stay the execution of any such decision or order pending exercise of their powers under sub-rule (1) in respect thereof.
(3) The Government may either suo motu at any time or on an application received from any person interested within (90) ninety days of the passing of an order under sub-rule (1) or any order passed by the Government in respect of Distributory Committee or Project Committee, review any such order, if it was passed by them under any mistake whether of fact or of law, or, in ignorance of any material fact. The provisions contained in the proviso to sub-rule (1) and in sub-rule (2) shall apply in respect of any proceeding under this sub-rule as they apply to a proceeding under sub-rule (1).
### 4. Preparation of Landholders list, Voters list and other Water Users' list.
(1) The District Collector shall prepare of cause to be prepared by the authorised officer, the list of landholders on the basis of record of rights, in Form "B". On the basis of the list as so prepared, he shall prepare or cause to be prepared territorial constituency-wise voters list in Form "D", consisting of those landholders who have completed eighteen years of age as on the date of issue of notification for conducting elections in a Water Users' area for electing the President and the members of Managing Committee of the Water Users Association.
(2) The District Collector shall also prepare or cause to be prepared a list of all other water users' in Form "C" which shall include the landholders or the tenants on the basis of record of rights in a non-notified area to be co-opted as members.
(3) The lists prepared under sub-rule (1) shall be displayed on the notice board of the office of the concerned Gram Panchayat and the Mandal Parishad.
(4) Before finalising the lists mentioned in sub-rules (1), (2) and (3) above, the District Collector shall invite objections against inclusion of any names or names in Form "G", for incorporation of any name or names in Form "F", and for deletion of any name or names in Form "H" within {a week} of display under sub-rule (3). After receiving the objections if any, the District Collector or the Authorised Officer shall consider all such objections within two days, and finalise such lists, by appending the names to be deleted or incorporated, at the end of the leach list and a final notice thereof shall be published in Form "I" in respect of voters list and be made available for verification.
(5) Each land holder in the Water Users' area shall have one vote only irrespective of his land holdings in the said area.
(6) (a)
In case, a landholder has land in more than one Territorial Constituency of a water user area the land holder shall opt for one constituency by giving a declaration as specified in Form E to the Authorised Officer.
(b) In case no such option is exercised by the land holder the Authorised Officer shall allot his vote to the constituency in which the land holder holds the maximum extent of land; where such land held is the same in two constituencies any of the constituency may be allotted.
(7) the lists prepared under sub-rule (1) shall be revised six months before, the commencement of the elections in the manner prescribed.
### 4A. Appeal for correction of voter lists.
(1) Where the authorised officer is the Mandal Revenue Officer and has prepared territorial constituency-wise voters lists, as specified under sub-rule (1) of Rule 4, and if any discrepancy has been noticed by any person, such person may prefer an appeal to the Revenue Divisional Officer or as the case may be to the Sub-Collector of the area concerned.
(2) A second appeal shall lie against the order of the Revenue Divisional Officer or the Sub-Collector to the District Collector concerned.
### 4B. Power of revision and review by the Commissioner.
(1) The Commissioner, Command Area Development may either suo motu or on an application from any person interested, call for and examine the records of the Revenue Divisional Officer or Sub-Collector, as the case may be, in respect of any proceeding relating to correction of lists to satisfy themselves as to regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein, and if in any case, it appears to the Commissioner, Command Area Development that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly :
Provided that the Commissioner shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation.
(2) The Commissioner, Command Area Development may stay the execution of any such decision or order pending exercise of his powers under sub-rule (1) in respect thereof.
(3) The Commissioner, Command Area Development may suo motu at any time or on an application received from any person interested within ninety days of the passing of an order under sub-rule (1) review any such order, if it was passed by him under any mistake whether of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to sub-rule (1) and in sub-rule (2) shall apply in respect of any proceeding under this sub-rule as they apply to a proceeding under sub-rule (1).
### 5. Delineation of distributory areas.
(1) The Government keeping in view the operational viability and in consultation with the District Collector, for the purpose of constituting the distributory committees, delineate the command area in Notification-III appended to these rules, under a major project into such number of distributory areas as they consider proper.
(2) A distributory area may contain two or more contiguous Water User areas.
(3) In delineating a distributory area, no Water User area shall be divided or bifurcated into parts.
### 6. Delineation of project areas.
(1) The Government keeping in view the operational viability, and in consultation with the District Collector, delineate, the command area in Notification-IV appended to these rules under a major or medium irrigation project into one or more project areas for the purpose of constituting a project committee or committees.
(2) The entire command area under a medium irrigation project, shall be treated as a single unit and notified by the Government as a Project area.
### 7. Procedure for conducting elections.
- The election to the Office of the Chairman or the President and the members of a Farmers' Organisation shall be conducted in accordance with the procedure specified in the Election Manual appended to these rules.
### 8. Recall.
(1) The competent authority to receive the recall notice in respect of a Chairman or a President or a member of the Managing Committee by any Farmers' Organisation shall be the District Collector or an officer nominated by him.
(2) The recall notice in Form "J" shall be signed by one third of the voters in respect of the President or a member of the Managing Committee of a Water Users' Association; and one third of members of the general body in respect of the President or the Chairman or a member of a Managing Committee of a Distributory Committee or the Project Committee.
(3) On receipt of such notice the officer shall cause due verification of the notice in Form "K".
(4) The officer nominated by the District Collector shall call for a meeting of the voters or the members of the general body, as the case may be, of the respective Farmers' Organisation within 7 days after verification of the notice.
(5) In case 51 per cent of the voters present have voted in favour of the motion for recall, the motion shall be deemed to have been passed.
(6) The officer thereafter shall issue the proceedings of recall to the concerned Chairman, President or the member of the respective Farmers' Organisation immediately stating that the recall became effective from the date of passing of the resolution and accordingly, he shall cease to hold such office.
### 9. Casual Vacancies.
- A vacancy arising in any of the Farmers' Organisation either due to disqualification or due to death or resignation, recall, {removal or ceasing to be the owner of the lands while in office or by any reason, such vacancy shall be filled in the following manner :
(a) (i)
If a vacancy in the office of the President of the Water Users' Association arises the President of the Distributory Committee in which the Water Users' Association is situate, shall nominate one of the existing Managing Committee Members of the Distributory Committee as President of the Water Users' Association.
(ii) If a vacancy of a member of Managing Committee of Water Users' Association arises, the President of the Distributory Committee shall nominate, any one of the landholders from that particular constituency in such vacancy has arisen, as a member of the Managing Committee.
(b) (i)
If a vacancy in the office of a President of a Distributory Committee arises, the Chairman of the Project Committee in which the Distributory area is situate, shall nominate one of the members of the Managing Committee of the Project Committee as the President of the Distributory Committee.
(ii) If a vacancy of a member of Managing Committee of a Distributory Committee arises the Chairman of the Project Committee shall nominate one of the members of general body of the Distributory Committee as a member.
(c) (i)
If a vacancy in the office of the Chairman, of the Project Committee arises, the Apex Committee or the Government shall nominate one of the general body members of the Project Committee as a member :
Provided that the Chairman, the President, or the member nominated shall continue as such till a new Chairman, President, or as the case may be, the member elected in accordance with the provisions of the Act.
(d) [ (i) If any vacancy in the office of the President of the Water Users' Association of Minor Irrigation arises, the members of the Managing Committee shall choose one of the Managing Committee members to officiate as President during the absence of the elected President.
[Added by Notification G.O.Ms. No. 362, dated 10.11.1998.]
(ii) If a vacancy in the office of a President of Water Users' Association of Major Irrigation arises, the President of the Distributory Committee may nominate one of the existing Managing Committee members of the Water Users' Association to officiate as the President during the absence of the elected President.
(iii) If a vacancy in the office of a President of Water Users' Association of Medium Irrigation arises, the Chairman of Project Committee shall nominate one of the existing Managing Committee members of the Water Users' Association to officiate as President.]
|
65ba6075ab84c7eca86eb199 | acts |
State of Tamilnadu- Act
-------------------------
Management and Preservation of Properties of Religious Institutions Rules
---------------------------------------------------------------------------
TAMILNADU
India
Management and Preservation of Properties of Religious Institutions Rules
===========================================================================
Act 1031 of 1964
------------------
* Published on 10 July 1964
* Commenced on 10 July 1964
Management and Preservation of Properties of Religious Institutions Rules
Published vide Notification No. G. O. P. No. 1837, Revenue, dated 10th July 1964 - S.R.O. No. A-1031 of 1964
G. O. P. No. 1837, Revenue, dated 10th July 1964 - S.R.O. No. A-1031 of 1964. - In exercise of the powers conferred by clauses (xvii) , (xviii), (xix) and (xxii) of sub-section (2) of section 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of1959), the Governor of Tamil Nadu hereby makes the following Rules:-
### 1. Short title.
- These Rules may be called the Management and Preservation of Properties of Religious Institutions Rules.
### 2. Definitions.
- In these Rules,-
(i) "appropriate authority" means-
(a) the [Government]
[Substituted by G. O. Ms. No. 261, C. T. & R. E., dated the 13th July 1992.]
in relation to religious institutions published under sections 46(i) , 46(ii) and 46(iii) of the Act, if the estimated cost of the works exceeds [Rs. 1,00,00,000]
[Substituted for 'Rs. 50,00,000' by G. O. Ms. 322, T. D. R. E. & I., dated the 5th September 2008.]
;
(b) the [Commissioner]
[Substituted by G. O. Ms. No. 261, C. T. & R. E., dated the 13th July 1992.]
in relation to religious institutions not published under section 46 and religious institutions included in the list published under section 46(i) and 46(iii) of the Act, if the estimate cost of the works exceeds Rs. 5.00.000;
(c) [Omitted.]
(d) [ The Joint Commissioner subject to revision or cancellation by the Commissioner in relation to all religious institutions included in the list published under sections 46(i), 46(ii) and 46(iii) of the Act and in respect of all the institutions not published under section 46 of the Act, if the estimated cost of the works exceeds Rs. 25,000, but does not exceed Rs. 5.00.000. In case of donors without adding any other fund and subject to the conditions that no alterations or additions to the existing structure shall be made, the estimate of which are up to Rs. 10,00,000.]
[Substituted by G. O. Ms. No. 275, E. T. & R.E., dated the 16th July 1997.]
(e) The Executive Officer concerned, subject to revision or cancellation by the Commissioner in relation to religious institutions having an Executive Officer in the cadre of Joint Commissioner, if the estimated cost of the works does not exceed Rs. 5,00,000.
(f) in relation to religious institutions having an Executive Officer in the cadre of Deputy Commissioner, if the estimated cost of the work does not exceed Rs. 2,00,000:
The Assistant Commissioner having jurisdiction subject to revision or cancellation by the Commissioner.
(g) in relation to religious institution not published under section 46 if the estimated cost of the work does not exceed Rs. 25,000:
Provided that the Assistant Commissioner or the Executive Officer concerned can permit the works upto Rs. 2,00,000, if it is undertaken by the donor without aid of any other fund subject to the condition that no alteration, addition or demolition of any existing structure is done.
The Executive Officer concerned subject to revision or cancellation by the Commissioner.
(h) in the case of religious institutions having an Executive Officer in the cadre of Assistant Commissioner if the estimated cost of work does not exceed Rs. 25,000:
Provided that the Executive Officer concerned can permit the works upto Rs. 2,00,000 if it is undertaken by donor without the aid of any, other fund, subject to the condition that no alteration, addition or demolition of any existing structure is done.
(i) the Commissioner in relation to all other cases,
(ii) "building" includes the premises of a religious institution and any building or structure or work to facilitate irrigation and increase irrigation facilities owned by, or in the possession of, a religious institution.
(iii) "work" means work relating to the construction, repair, alterations, conservation or renovation of any building or other structure belonging to a religious institution including its premises or work to facilitate irrigation and increase irrigation facilities but not any gopuram, vimanam, stone mantapam or other stone structure with stucco works belonging to it.
### 3. Annual report on works to be carried out.
- The trustee of a religious institution shall submit to the appropriate authority annually, six months before the end of each fasli, a report on the works which it is desirable or necessary to carry out during the succeeding fasli, setting out the need for, and the details of, the works and giving a rough estimate of the expenditure involved and of the manner in which the expenditure on the works is proposed to be met.
### 4. Preparation of plans and estimates for works.
(1) Where the proposal of a trustee to execute any work is approved by the appropriate authority, detailed estimate shall be prepared and submitted along with the plan, if any, to the appropriate authority.
(2) Detailed plans and estimates shall be prepared by persons having the qualifications and status specified in Annexure-I to these rules from out of a panel approved by the Government, from time to time:
Provided that these qualifications and status shall not apply to any officer specifically appointed by the Government for the purpose or any technical person from among the staff of the Hindu Religious and Charitable Endowments (Administration) Department.
(3) The measurements of works shall be recorded by a retired Supervisor or overseer of Public Works or Highways Department or one possessing an equivalent qualification with a minimum service of three years. The check-measurement of works shall be done by an Assistant Executive Engineer or Divisional Engineer of the Public Works or Highways Department, irrespective of the cost of the works or by a private engineer selected by the competent authorities from the aforesaid panel.
The Divisional Engineer, Highways Department or an Executive Engineer of the Public Works Department shall carry out super check of major works where such items warrant his inspection as in Highways or Public Works Department and could select such works which may be not more than twelve in a year:
Provided that the Superintending Engineer of the Highways Department of a senior rank shall function as an advisor in the field of engineering in preparation and disposal of estimates and tenders:
Provided further that in the case of check-measurement, private or retired persons selected from the panel approved by the Government shall be from a grade higher than those competent to prepare estimates and plans, for the different grades of works mentioned in Annexure I and where persons in active service are selected centage charges at a rate not exceeding one per cent of the estimated cost of works subject to a minimum of Rs. 5 in each case shall be levied and credited to the Government:
Provided also that in the case of institutions, where a technically qualified person is employed with the sanction of the competent authority, the preparation of estimates and plans, measurement and check-measurement and supervision of the works may be got done by such technically qualified persons in respect of items of works costing less than Rs. 5,00,000 in each case:
Provided also that for the purpose of check-measurement of works, the officers of Public Works and Highways Department in actual service may be preferred as far as possible.
(4) In the case of private or retired persons noted in Annexure-I, the trustee or trustees of religious institutions may fix the rate of fee in each case, subject to a maximum of one per cent of the estimated cost of the work and to a minimum of Rs. 24 in each case for preparing, scrutinising and counter-signing the plans and estimates.
(G. O. Ms. No. 1088, C.T.&R. E. Department, dated 23rd October 1980)
### 5. Estimate of works.
- The estimate of work shall consist of (a) a report, (b) a specification, (c) detailed statement of measurements and quantities, (d) data sheet of rates, wherever necessary, and (e) an abstract showing estimated cost of each item. In the case of all works of importance, the estimate should be accompanied also by a plan showing the design.
### 6. Report.
- The report shall state in clear terms the object to be gained by the execution of the work estimated for, and explain any peculiarities which require elucidation, including wherever necessary, the reasons for the adoption of the estimated project or design in preference to others.
### 7. Specification.
- The report shall be followed by the specification which must show fully and clearly, but as briefly as possible, the details of the work, how each portion is to be done, and what materials are to be used.
### 8. Statement of measurement.
- A statement of the detailed measurements shall accompany the specifications.
### 9. Abstract of estimates.
- The abstract of estimate for all works except miscellaneous petty works shall show the total cost (in whole rupees) of each kind of work and the detailed measurements as required in rule 8. In the case of miscellaneous petty works, however, the abstract need show only the estimated cost.
### 10. Works not purely secular.
(1) Proposals in regard to works that are not purely secular shall be framed with due regard to the principles and practice for traditional architecture and to the need for preserving architectural, sculptural and archaeological features.
(2) White washing and painting may be done only for non-granite structures which do not contain any inscriptions or other sculptural works.
### 11. Execution of building works by worshipper or other person.
- Whenever a worshipper or other person offers to donate the cost of or to execute any building works, the trustee shall obtain from him details of his proposals and if he proposes to undertake the works himself, a statement showing the manner in which the necessary finances for the execution of works will be made available and the time within which the construction will be completed and forward the details or statement, as the case may be, to the appropriate authority with his remarks whether the said offer maybe accepted and, if so, on what conditions.
### 12. Submission of plans and estimates to appropriate authority.
(1) On the appropriate authority approving the proposal of the trustee to execute the works from the funds of the institution, the trustee shall prepare detailed estimates for the works proposed, make provision in the budget of the proposed expenditure and submit the estimate along with plans to the appropriate authority.
(2) When the appropriate authority approves the trustee's proposal to allow a worshipper or other person to execute any building work and settles the conditions on which such permission may be granted, the trustee shall obtain from such worshipper or other person, detailed plans and estimates for the works proposed and submit them to the appropriate authority with his remarks.
### 13. Sanction of plans by appropriate authority.
(1) The appropriate authority may sanction the plans and estimates submitted under rule 12 with such modifications and subject to such conditions, as it may deem fit and where the cost of the construction is to be met from the funds of the institution, sanction the necessary expenditure.
(2) The appropriate authority may decide whether the building work is to be made departmental!/ or through contractors.
### 14. Supervision, control and inspection of building works.
- In all cases in which a building work is undertaken either departmentally or otherwise, such work shall be subject to supervision, control and inspection at a cost not exceeding 5 per cent of the estimated cost of the works as may be fixed by the appropriate authority as and when the appropriate authority deems fit and the said authority may, at any stage of the execution, order such check measurement and control as may be deemed essential before the work is further proceeded with or further expenditure incurred.
### 15. Execution of minor building works in anticipation of sanction.
- A trustee or the Board of Trustees, as the case may be, shall not undertake or commence any building work without the sanction of the appropriate authority, provided that minor repairs, which cannot be postponed, owing to urgency, may be executed in anticipation of sanction applied for.
### 16. Deviations from plan and estimate not to be made without sanction.
(1) A trustee or the Board of Trustees, as the case may be, shall not, except with the written sanction of the appropriate authority, exceed the expenditure sanctioned or deviate from the plan and estimate approved by the said authority.
(2) A trustee or the Board of Trustees, as the case maybe, shall not permit any worshipper or other person to commence the execution of any work or deviate from the plan approved by the appropriate authority without the permission of that authority.
### 17. Obtaining supplies.
(1) In the case of supplies, the trustee or the Board of Trustees, as the case may be, decide-
(a) whether purchases, may be made without or in advance of the preparation of the estimate;
(b) whether estimate shall be prepared for the purchase of articles required for the whole of the fasli year or for shorter periods;
(c) whether either generally or for any class or specifically for any particular case, supplies shall be obtained by contract or otherwise.
(2) Where the amount of estimates prepared by the trustee or the Board of Trustees, as the case may be, for the purchase of supplies exceeds Rs. 250, the estimates shall be sent to the appropriate authority for sanction.
### 18. Tenders to be called for.
- (1) Tenders should, invariably, be called for when the amount involved in a particular contract is Rs. 10,000 or more. This rule does not admit of a major work being split into parts, of each costing less than Rs. 10,000 and each part being given out on contract without calling for tenders.
[(2) In all cases where works are to be executed or supplies are to be made by contract, tenders shall be invited -
(a) by publication of advertisement in one or more daily newspapers having circulation in the area in which the institution is situate; or
(b) by publication of notice in the form shown in Annexure-II in the language of the locality, by affixture -
(i) on the notice board of the Panchayat Office or if there be no panchayat, of the village chavadi; and
(ii) on the notice board of the office of the Assistant Commissioner having jurisdiction over the area in which the institution is situate.
Such advertisement shall contain information as to when and where and to whom the tenders are to be submitted and when and where and by whom they are to be opened.]
[Substituted by G O. Ms. No. 588, C.T. & R. E., dated the 7th December 1999.]
(3) In the case of works costing Rs. 50,000 (fifty thousand) or more, notices inviting tenders shall, invariably, be published in one or two important newspapers;
[(4) The tenderers shall have free access to contract documents.]
[Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.]
### 19. Advertisement or notice calling for tenders.
- Every advertisement or notice published under rule 18 shall also state-
(1) when and where the contract documents may be inspected and the blank forms of tender can be obtained and also the amount to be paid for copies of plans or other tender documents.
(2) the amount of earnest money to accompany the tender and the amount and nature of the security deposit required in the case of the accepted tender.
In the case of lump sum contracts, the amount of earnest money and that of the additional security, and in the case of piece work contracts, the amount of earnest money should each be 2-1/2 per cent of the sanctioned estimated figure when the contract is for all the items of work included in the estimate or 2-1 /2 per cent of the estimated amount of contract, when the contract is only for part of the work included in the estimate.
(3) the authority competent to accept the tender;
(4) that the authority competent to accept the tender reserves his right to reject any or all of the tenders received without assigning any reason;
(5) that no tender will be accepted unless it is submitted in duplicate in a sealed cover and is in the form specified in Annexure-II;
(6) that no tender shall be accepted from any person directly or indirectly connected with Government service or the service of a religious institution.
### 20. Procedure for acceptance of tenders.
- The trustee or where there is a Board of Trustees, the Chairman thereof or any trustee empowered by the Chairman in this behalf shall, at the time and place specified for the purpose, open the sealed covers containing the tenders in the presence of such of the tenderers or their agents as may be present and until the sealed covers are so opened, they shall be kept in the personal custody of the trustee or the Chairman, as the case may be.
### 21. Over-writing, etc., in rates tendered.
- Over-writing, erasures or alteration in the rates tendered shall not be admitted unless they are attested by the tenderer with date. The trustee or the Chairman, as the case may be, shall immediately on opening the covers, attest with date all such over-writings, erasures or alterations. If there are corrections in the tender unattested by the tenderer, a note of such corrections shall be made on the tender itself, when it is opened.
### 22. Preparation of comparative statement of the rates tendered.
- The trustee or the Chairman, as the case may be, shall prepare or cause to be prepared, a comparative statement of the rates tendered by the different tenderers and when opening the tenders, shall keep a personal note of the total number of tenders opened by him and verify therewith the number in comparative statement of the tenders.
After the preparation of the comparative statement and before the selection of a tenderer, the trustee or the Chairman, as the case may be, shall examine all the tenders and satisfy himself that no corrections, which were not in the tenders at the time he received them, had been made in any of them.
### 23. Acceptance of tenders.
(1) All tenders for works or supplies shall be accepted only after taking into consideration the financial status of the tenderers, their capability, the security offered by them and the record of their execution of any works previously. Ordinarily the lowest tender shall be accepted. If in any case, it is decided to accept any tender other than the lowest tender, the trustee or the Board of Trustees, as the case may be, shall prepare a confidential record containing the reasons therefor on the comparative statement referred to in rule 22 and send all the tenders and the comparative statement prepared under rule 22 to the appropriate authority, who shall power to pass final orders. The acceptance or rejection of tenders is left entirely to the discretion of the trustee or the Board of Trustees, as the case may be, and no tenderer can demand the cause of rejection of his tender to be divulged to him. Such an explanation may, however, be called for by a superior authority, if considered necessary.
Tenders received by religious institutions in respect of works the monetary limit of which is specified in column (1) below shall be sanctioned by the authorities of the Department specified in the corresponding entries in columns (2) and (3) thereof, respectively.
| | | |
| --- | --- | --- |
|
Monetary limit in Rupees
|
Technical authority competent to scrutinize
tenders
|
Administrative authority to approve tenders
|
|
1
|
2
|
3
|
|
Up to Rs. 25,000
|
Assistant Engineer of the Highways and Rural
Works Department or Public Works Department or Hindu Religious
and Charitable Endowments Administration Department.
|
In the case of religious institutions not
published under section 46 of the Act, the Assistant Commissioner
having jurisdiction and the Assistant Commissioner / Executive
Officer concerned in the case of religious institutions having an
Executive Officer in the cadre of Assistant Commissioner subject
to revision or cancellation by the Commissioner.
|
|
Rs. 25,001 to 2,00,000
|
Assistant Divisional Engineer of the Highways
and Rural Works Department or Assistant Executive Engineer of
Public Works Department or Assistant Divisional Engineer or
Assistant Executive Engineer of Hindu Religious and Charitable
Endowments Administration Department
|
In the case of religious institutions having an
Executive Officer in the cadre of Deputy Commissioner, Executive
Officer concerned subject to revision or cancellation by the
Commissioner.
|
|
Rs. 2,00,001 to 5,00,000
|
Assistant Divisional Engineer of the Highways
and Rural Works Department or Assistant Executive Engineer of
Public Works Department,Assistant Divisional Engineer or
Assistant Executive Engineer of the Hindu Religious and
Charitable Endowments Administration Deptt.
|
In the case of religious institutions included
in the list published under section 46(i) and (ii) and all the
institutions not published under section 46 of the Act, the Joint
Commissioner having jurisdiction and the Joint Commissioner /
Executive Officer in respect of religious institutions having an
Executive Officer in the cadre of Joint Commissioner subject to
revision or cancellation by the Commissioner.
|
|
Rs. 5,00,001 to 1,00,00,000
|
By the Superintending Engineer of the Highways
and Rural Works Department or Public Works Department or Hindu
Religious and Charitable Endowments Administration Department.
|
The Commissioner subject to the modification or
cancellation by the Government.
|
|
Rs. 1,00,00,000 and above
|
-do-
|
The Government.
|
Explanation. - If the tenders are scrutinised by a retired technical person, it shall be, by a person of that next high grade.
[(2) The Commissioner shall have power to delegate all or any of the powers under this rule to any subordinate authority including those serving in religious institutions on deputation and such delegation to technical person shall always be subject to the monetary limits prescribed above; and
(3) Notwithstanding the provisions of sub-rule (1), the decision of trustee or the Board of Trustees, as the case may be, in respect of tenders for works or supplies, the amount for value of which exceeds Rs. 5,000 shall be subject to the confirmation of the appropriate authority.
### 24. Form of security in contracts.
- The form of security to be taken in the case of piece-work contracts shall be as laid down in the conditions specified in the tender for piece-works in Annexure II. The form of security to be taken in the case of contracts based on the lump sum tender system as defined in the Tamil Nadu Detailed Standard Specification shall be as laid down in the form of the tender notice and articles of agreement.
### 25. Contracts on behalf of religious institution.
- Every contract made on behalf of a religious institution shall be in writing in the common form prescribed in the Tamil Nadu Financial Code for Departments other than the Public Works Department.
### 26. Execution of contract.
- Every contract shall be executed by the contractor and by the trustee.
### 27. Matters to be specified in contracts.
(1) Every contract shall specify-
(a) the quality and quantity of the work to be done or of the materials and articles to be supplied;
(b) the specifications to be complied with;
(c) the time within which the work is to be completed or the materials and articles are to be supplied;
(d) the conditions to be observed;
(e) the security to be deposited;
(f) the terms upon which payments shall be made;
(g) the penalties to be imposed; and
(h) the provisions necessary for safeguarding the properties entrusted to the contractor.
(2) Wherever necessary, a complete set of drawing shall be appended to the contract, showing the general dimensions of the proposed work and the details of the various parts thereof.
### 28. Variation of terms of contracts.
- The terms of any contract shall not be added to or varied without the previous consent of the person competent to enter into the contract and of the appropriate authority in cases where the decision of the trustee or the Board of Trustees, as the case may be, in respect of tenders is subject to confirmation of such authority.
Every addition to, or variation of, the written contract shall be authenticated by the signature of the parties thereto.
### 29. Contracts to be in conformity with rules.
- Any contract or any addition thereto or variation thereof made or executed otherwise than in conformity with the provisions of these Rules shall not be binding on the religious institution concerned.
### 30. Construction and repair of gopurams, etc., to be entrusted to stapathis.
- The construction of any gopuram, vimanam, stone, mantapam or other stone structure with stucco works or repairs to such construction of which engineers have no specialised knowledge shall, with the specific sanction of the appropriate authority, be entrusted to any able stapathi selected from the panel of stapathis approved by the Government, from time to time. The plans and estimates prepared by the stapathis shall be countersigned by a competent engineer as specified in Annexure-I, provided that in particular cases where the competent authority is satisfied that such countersignature is not necessary and makes a record in writing to that effect, the competent authority shall dispense with such countersignature and direct check-measurement of such works by anothe stapathi or technical officer from the panel approved by the Government. The remuneration to be paid to the stapathi shall be on the scale prescribed for private or retired persons in rule 4.
### 31. Repairs, alterations, etc., to antiquities.
(1) A trustee or the Board of Trustees, as the case maybe, shall not repair, alter, replace, sell, gift away, or destroy any antiquities or other objects of interest such as sculptures, carvings, inscriptions or paintings without the written permission of the Commissioner and such permission shall be granted only on obtaining competent advice thereon.
(2) While granting permission under sub-rule (1), the Commissioner shall issue such instructions to the trustee or the Board of Trustees, as may be necessary, for preservation of works of art, sculpture, paintings, antiquities and other articles of interest and the trustees shall be bound to carry out such instructions.
### 32. Travelling allowance to officers, private engineers and stapathis.
- The officers and private engineers referred to in the rules shall be paid from out of the funds of the religious institutions concerned, such travelling allowance not exceeding the travelling allowance admissible to the Government servants in the corresponding grades and such inspection fees as prescribed under the rules.
For the purpose of these rules, the stapathis engaged for the works shall be treated as officers under Grade VIII of the Tamil Nadu Travelling Allowance Rules (Pay exceeding Rs. 150, but not exceeding Rs. 240), II class train and daily allowance of Rs. 2.44 n.p. and they shall be paid accordingly.
### 33. Trustees to afford facilities to officers, etc., for inspection of building works.
- The trustees shall be bound to give the officer or stapathis referred to in rule 32 all facilities for inspection, supervision, verification and check-measurement in the discharge of his functions.
### 34. Payment of travelling allowances.
- The travelling and daily allowances and other fees payable to the officers referred to in rule 32 for journeys in connection with a religious institution shall, on sanction by the Commissioner, be paid by the trustee or the Board of Trustees of the institution concerned; and when more than one institution is included in one inspection, tour, the travelling allowances shall be borne by all such institutions in such proportion as the Commissioner may deem fit, according to the estimated cost of works inspected by the officers and shall be paid by the trustee or the Board of Trustees, as the case may be.
### 35. Inspection to report the necessity for a building work.
- The appropriate authority may either on its own motion or on receipt of requisition from the trustee or the Board of Trustees, depute any officer noted in Annexure-1, or any officer in active service in the Public Works or Highways Department to inspect at the cost of the institution and report whether any building work is necessary and on receipt of such report, he may direct the trustee or the Board of Trustees to incur the necessary expenditure and carry out such work and the trustee shall be bound to do so. Centage charges at the rate of 2V\* per cent on the cost of work proposed to be taken up shall be paid from out of the funds of religious institution for inspection by Engineers in service.
### 36. Maintenance of registers, accounts, etc., in respect of building works.
- The trustee or the Board of Trustees shall maintain books, registers accounts, vouchers and records in respect of building works and shall make such reports, as the Commissioner may, by general or special order, direct.
### 37. Care of structure.
- It shall be the duty of the trustee or the Board of Trustees to ensure that the utmost care is taken of the architectural, sculptural and archaeological features of every structure in the temple or on its lands in his or its charge.
### 37A. [ Insuring of valuable building.
[Inserted by G. O. Ms. No. 3451, Revenue, dated the 30th December 1965.]
- The trustee or the Board of Trustees may insure, if considered necessary, valuable buildings of religious institutions located in important and busy localities with the permission of the Commissioner.]
### 38. Archaeological department to be consulted regarding building work.
- Whenever the Commissioner finds it desirable or necessary, he may consult the Archaeological Survey of India regarding any building work.
### 39. Issue of directions by Government regarding building works of a secular character.
(1) (a)
In respect of the building works which are purely secular in character, type and design and which are carried out at the cost of the institution, the Government may direct-
(i) any of the officers referred to in Annexure-I or any of the officers in active service of the State not below the rank of an Assistant Engineer of the Public Works Department or Highways Department; or
(ii) any architect in Government service to inspect or supervise the design or execution of the construction, repair, renovation or alteration of the properties of any religious institution or of any buildings and on consideration of any report that it may call for, direct the execution of such construction, repair, renovation or alteration or deviation from any plans.
(b) In respect of building works which are purely non-secular in character, type and design, the Government may direct the Engineer of the Public Works Department or Highways Department or any Engineer included in the panel of Engineers approved by the Government to inspect or supervise with the assistance of a stapathi, selected also from the panel of stapathis approved by Government, in cases where the assistance of such stapathi is found to be necessary, the design or the execution of construction, 'repair, renovation or alteration of the properties of any religious institution or any building and on consideration of any report, that it may call for, direct the execution of such construction, repair, renovation or alteration or deviation from any plans.
(2) (a)
The officers referred in sub-rule (1) shall be eligible to draw travelling allowance and daily allowance according to the Tamil Nadu Travelling Allowance Rules and inspection fees at the rate of 1 per cent of the cost of works. The travelling allowance, daily allowance and fees shall be paid by the trustee or the Board of Trustees of the institution and be credited to the Public Account of the Government:
Provided that when check-measurement is done, it will include the cost of such inspection also.
### 40. Trustees to afford facilities to officers, etc., for inspection, etc., of building works of secular character.
- The trustee or the Board of Trustees shall be bound to give the officers referred to in sub-rule (i) of rule 39 facilities for inspection, supervision, verification and check-measurement and shall carry out their directions.
### 41. Exclusion from the operation of these Rules.
- The Commissioner may exclude any class of institutions or class of works or supplies from the operation of any or all of these Rules for good and sufficient cause.
### 42. Maintenance of register of the immovable properties.
- The trustee or the Board of Trustees of every religious institution shall maintain a register in the form prescribed by the Commissioner showing the other immovable properties including irrigation channels, wells and tanks owned by the religious institution and record in such register all improvements made to them every year.
### 43. Trustees to inspect all lands, irrigation works and drainage works of religious institution.
- The trustee or the Board of Trustees of a religious institution shall inspect before the end of December every year all the lands including irrigation works and drainage works belonging to the religious institution and take timely action for their proper utilisation and removal of damage, mischief or tresspass and also submit for approval of the appropriate authority annually six months before the end of each fasli, proposals suggesting improvements to lands including repairs to irrigation tanks and channels such as converting waste lands into cultivable lands, single crop into double crop, dry into wet, growing revenue yielding trees, manure crop, etc., sinking of wells, silt clearance, drainage, etc., which it is desirable or necessary to carry out during the succeeding fasli, setting out the need for, and the details of, the works and giving a rough estimate of the expenditure involved and the manner in which the expenditure on the work is proposed to be met and the appropriate authority may approve them with such modifications and directions as may be found necessary.
### 44. Procedure for preparation of plans and estimates for improvement of land.
- As regards submission of detailed estimates and plans for improvements to lands approved in Rule 43, their sanction and execution of works concerned, the provisions of Rules 12 to 16 shall mutatis mutandis apply.
### 45. Inspection of works relating to lands by appropriate authority.
(1) The appropriate authority shall inspect all works relating to lands proposed to be undertaken by a trustee or the Board of Trustees from out of the funds of a religious institution at an estimated cost of Rs. 500 and above and in other cases, where it is of opinion that there is need for securing technical advice and assistance as to the necessity or nature of such works or for the preparation or scrutiny of plans and estimates, it may, having due regard to the nature and importance and the estimated cost of works, direct the trustee or the Board of Trustees to obtain the advice of the District Agricultural Officer, or Agricultural Demonstrator, who has either retired or is in active service and is residing in the district in which the lands are situated or the services of such members as mentioned in Rule 32.
(2) The Government may appoint as the appropriate authority for the above purpose -
(a) any officer of the Agricultural Department not lower in rank than a District Agricultural Officer, or
(b) any Engineer in the Public Works Department not below the rank of an Executive Engineer.
### 46. Allowances and fees admissible to officers referred to in rule 45.
- The officers referred to in rule 45 shall be. paid from out of the funds of the religious institutions such travelling allowance, daily allowance, inspection fees, fees for the preparation of plans and estimates, scrutiny of plans and estimates, for technical advice or for expert opinion as may be fixed by the Commissioner with regard to the work not exceeding the travelling allowance and daily allowance admissible to the Government servants in active service, in corresponding grades and fees that may be leviable under the Public Works Accounts Code and Agricultural Department Manual, if the work is done by the officers of the Public Works, Highways or Agricultural Department of the State, as the case may be:
Provided that in cases where officers in active service of the Public Works, Highways or Agricultural Department of the State are employed for purposes as specified in rule 45, such charges in accordance with the Public Works Accounts Code and Agricultural Department Manual as may be levied from out of the funds of the religious institutions shall be credited to the Public Accounts of the Government.
### 47. Rules 33 to 36 to apply to officers referred to in rule 45.
- In regard to the provision of facilities to the officers referred to in rule 45, payment of travelling allowance and other allowances payable to them, enforcement of their recommendations and maintenance of registers, etc., the provisions of rules 33 to 36 shall mutatis mutandis apply.
### 48. Government to issue directions in regard to inspection of irrigation source, tanks, etc., belonging to religious institution.
(1) The Government may direct that any irrigation source, tank, well or canal, belonging to a religious institution shall be inspected by an Engineer in Government service not below the rank of an Executive Engineer of the Public Works Department and after considering any report called for from such officer, direct the trustee or the Board of Trustees concerned through the Commissioner to carry out such steps, as they may deem fit, for the improvement of the irrigation source, tank, well or canal and the trustee or the Board of Trustees, shall be bound to carry them out.
(2) The officer deputed under sub-rule (1) shall be eligible to draw travelling and daily allowance according to the Tamil Nadu Travelling Allowance Rules and also an inspection fee at the rate fixed for inspection by Government officers of the Public Works Department in different grades. The fees and allowances shall be paid by the trustee or the Board of Trustees of the institution concerned and credited to the Public Accounts of the Government.
(3) The trustee or the Board of Trustees shall afford all facilities to the officer deputed by Government under sub-rule (1) in the matter of inspection of the irrigation source, etc.
### 49. Maintenance of temple cars, palanquins, etc.
- The trustee or the Board of Trustees shall maintain the paraphernalia such as car, vahanams, palanquins, chapparams, in good condition. Proposals regarding their making, repairs, alteration or replacement should be made to the appropriate authority wherever necessary for sanction at the time of submission of budget after obtaining the advice of an expert stapathi from out of the panel approved by the Government.
### 50. Register of idols.
- The trustee or the Board of Trustees of every religious institution shall maintain a register of the idols of the temple in such form as the Commissioner may prescribe.
### 51. Sale, gift or exchange of idols.
- No trustee or the Board of Trustees shall gift, sell or exchange any idol or image in a temple without the express previous permission of the Government.
### 52. Alterations to or melting of idols.
- No trustee or the Board of Trustees shall alter the character of or repair, remove, melt or replace any metallic or other idol or image in the temple, whether fixed or otherwise, without the express permission of the Government in writing.
### 53. Formation of Thiruppani Committees.
- In the case of temples requiring renovation or "Thiruppani" works and in need of donations from the public, Thiruppani Committee shall be formed for each such temple for the purpose.
### 54. Thiruppani Committee Members and Secretary.
- [(1) The Thiruppani Committee shall consist of the trustees of the temple as ex-officio members and such other members who maybe co-opted by the trustees. The formation of the Committee and the names of its members shall be reported -
(a) in respect of religious institutions not published under section 46 of the Act, to the Assistant Commissioner having jurisdiction;
(b) in respect of religious institutions published under section 46(i) and section 46(ii) of the Act, to the Joint Commissioner having jurisdiction;
(c) in respect of the religious institutions published under section 46(iii) of the Act, where the income of the institution does not exceed Rs. 50,00,000 to the Commissioner;
(d) in respect of religious institutions published under section 46(iii) of the Act, where the income of the institution exceeds Rs. 50,00,000 to the Government, for approval.]
(2) The members shall elect one among themselves as President of the Committee.
(3) The Executive Officer of the temple, or in his absence, the trustee of the temple, if there is only one trustee or the Chairman, Board of Trustees, as the case may be, shall be the Secretary and Treasurer and Member of the Committee. In special cases, any other member of the Committee may be elected by the Committee as Treasurer subject to the approval of the appropriate authority. The Treasurer shall attend to the correspondence and maintenance of accounts relating to the collection of donations, etc., and expenditure incurred out of them.
(4) [ The Government in respect of religious institutions published under section 46(iii) of the Act, where the income of the institution exceeds Rs. 50,00,000 and the Commissioner in all other cases, may suspend or remove from office any members of the Thiruppani Committee including a member of the Tiruppani Committee for sufficient cause after giving him an opportunity of showing cause against such removal and after considering his explanation.]
[Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.]
### 55. Meetings of Thiruppani Committee.
- The meetings of the committee shall be convened by the Secretary as often as necessary and at least once a month and all matters pertaining to the Thiruppani work including the acco unts of collections and expenditure shall be placed at the meeting.
### 56. [ Collections by Thiruppani Committee.
[Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.]
- Collections shall be made by the issue of printed duplicate receipts with separate serial numbers specially printed for the purpose. Ihe Treasurer shall sign and issue the original receipts and retain the duplicate with him. In addition, the Thiruppani Committee with due sanction from the appropriate authority print Thiruppani donation tickets in the name of the temple denomination-wise and use them for collections after getting the seal duly affixed by the appropriate authority of the department. The Treasurer shall be responsible for the credit of all collections through issue of such tickets. Such tickets should not be handed over for collection to the persons not connected with the administration of the temple or Thiruppani Committee. The collections realised shall be deposited then and there in an approved bank in a separate account opened for the purpose in the name of the concerned temple as "Temple Thiruppani Fund". As and when moneys are required to be withdrawn, the President and the Treasurer of the Committee will jointly draw from it by issuing cheques. The cheque book and pass book shall be in the custody of the Treasurer.]
[Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.]
### 57. Submission of estimates by Thiruppani Committee.
- The Thiruppani Committee shall submit duly prepared plans and estimates for the works proposed to be undertaken and obtain the previous approval of the appropriate authority before commencing the works.
### 58. [ Payment to contractors by Thiruppani Committee.
[Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.]
- The payments to contractors or workmen shall be made only after check-measurements and on bills countersigned by the President of the Thiruppani Committee. In cases of resignation or removal or dismissal of the President of the Thiruppani Committee, the Assistant Commissioner, Deputy Commissioner, Joint Commissioner or the Commissioner, as the case may be, shall authorise the Executive Officer to pay the legitimate dues.]
### 59. Audit of accounts maintained by Thiruppani Committee.
- The accounts maintained for the collections made and expenditure incurred by the Thiruppani Committee shall be subject to audit by the auditors appointed under subsection (2) of section 87 of the Act and report of such audit shall be binding on the Thiruppani Committee and the provision of section 90 of the Act shall apply in this case.
### 60. Direction of appropriate authority by Thiruppani Committee.
- The Thiruppani Committee shall carry out such directions as may be issued and abide by such conditions as may be imposed by the appropriate authority in this behalf in the due discharge of their duties and other matters connected with the "Thiruppani Works".
### 61. Painting of building works.
- The trustee of every religious institution shall carry out painting of building works and the paraphernalia by an expert painter chosen from the list of painters approved by the Government after obtaining sanction from the appropriate authority.
### 62. [ Maintenance of temple car.
[Rules 62-66 was added by G.O. Ms. No. 2329, Revenue, dated the 9th August, 1965.]
- The temple cars meant for use in festival shall be kept in good repairs, sufficient care being taken to maintain the strength of timber of the axle beam and to reinforce it, wherever necessary.
### 63. Duties of the trustees of temple in the matter of celebrating car or theppam festival.
- The trustee of every temple, which celebrates car or theppam festival shall apply at least [six weeks for the purpose of clause (a) and one month for the purposes of clause (b), (c), and (d)]
[Substituted by G.O. Ms. No. 1254, Revenue, dated the 19th June 1969.]
in advance of the commencement of festival -
(a) to the Sub-Divisional Officer of the Public Works Department having jurisdiction over the area to examine the car or the raft regarding its structural stability and safety and to issue a certificate of fitness. The Theppam should be inspected for a second time on the previous day of the festival by the Public Works Department authorities jointly with the police, who would also by actual trial, test the number of persons the Theppam could carry;
(b) to the executive authority of the Municipal council or Panchayat Board or the Panchayat Union to provide an even surface for the roads or streets through which the car is to be dragged;
(c) to the local officer of the Electricity Department to take necessary precautions to avoid the top portion of the car coming into contact with live wires, to cut off the supply at the time of dragging the car, if necessary, and to see that no overhead power lines or underwater cables obstruct the free passage of the Theppam;
(d) to the Inspector of Police of the circle concerned to take necessary precautionary measures and provide adequate bandobust.
### 63A. [
[Inserted by G.O. Ms. No. 1254, Revenue, dated the 19th June 1969.]
The certificate of fitness referred to in clause (a) of rule 63 shall be issued by the Sub-Divisional Officer of the Public Works Department, at least two weeks prior to the date of commencement of the festival, so that the trustee or the temple authorities may have time to rectify the defects, if any, pointed out, before another final inspection to be made on a day previous to the festival.]
### 64. Application.
- The application under rule 63 shall contain,-
(a) the date or the dates on which the Car or Theppam is to be dragged;
(b) the route through which the car is to be dragged;
(c) the name and location of the tank where the Theppam festival is to be celebrated.
### 65. Arrangements for the movement of temple cars.
(1) The trustee shall make arrangements for the very slow movement of the car when it is being dragged and to keep down the speed at curves or at undulating and slipping grounds a cordon at least 3 to 4 feet should be thrown around the car.
(2) The Car shall be made to move as far as possible in the centre of the street.
(3) Experienced persons shall be engaged for application of brake wedges.
### 66. [ Conduct of theppam festival.]
[Substituted by G. O. Ms. No. 1254, Revenue, dated the 19th June 1969.]
- In the case of Theppams, the temple authorities shall make necessary arrangements for towing the raft slowly, carefully manoeuvring it at the turning and approaches to the bank, for entrusting towing operations to experienced persons and for ensuring that the raft is not loaded beyond the limit leading to any stampede, disallowing entry of unauthorised persons into the raft and for putting up requisite number of cork logs. It should also be ensured that in the proposed path of raft [projection like butting rocks,]
[Substituted by G. O. Ms. No. 1254, Revenue, dated the 19th June 1969.]
submerged articles which cannot be removed are prominently marked by lighted boys so that the Theppams could be towed clear off obstructions.]
Annexure I
(See rule 4)
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Estimated cost of work
|
Status of private individuals competent to
prepare plans and estimates
|
Status of department staff competent to
countersign plans and estimates
|
|
1
|
2
|
3
|
4
|
|
1
|
Up to and inclusive of Rs. 5,000.
|
An Upper Subordinate or L.C.E. with experience
in the profession for a minimum period of 3 years.
|
Assistant Engineer, Public Works or Highways
Department.
|
|
2
|
Above Rs. 5,000 but not more than Rs. 40,000.
|
A Corporate Member of the Institution of
Engineers of India or one possessing an equivalent qualification
with experience in the profession for a minimum period of 8
years.
|
Executive Engineer, Public works Department or
Divisional Engineer, Highways Department.
|
|
3
|
Above Rs. 40,000 but not more than Rs. 2,00,000.
|
A Corporate Member of the Institution of
Engineers of India or one possessing an equivalent qualification
with experience in the profession for a minimum period of 10
years.
|
Superintending Engineer, Public works Department
or Highways Department.
|
|
4
|
Above Rs. 2,00,000
|
A Corporate Member of the Institution of
Engineers of India or one possessing an equivalent qualification
with experience in the profession for a minimum period of 10
years.
|
Chief Engineer, Public Works Department or
Highways Department.
|
Annexure II
[See rule 18]
Instructions to Tenderers, Form of Tender, Etc.
### 1. A list of materials proposed to be supplied by (name of institution) (hereinafter referred to as "the Institution") and the places where and the prices at which they are proposed to be supplied is given at the end of the schedule accompanying the tender notice. This should be entered by the tenderer also at the end of the schedule accompanying the tender. Tenderers must accept the materials at the specified prices and quote for the finished work accordingly. Notwithstanding any subsequent change in the market value of those materials, the charge to the party executing the work will remain as originally entered in the agreement to be executed. If, at any time, subsequent to the execution of this agreement, materials of the institution other than those specified in the agreement are to be supplied to the piece-worker for use on the work, they will be charged at the market value prevailing at time of supply or stock issue rate whichever is greater. The piece-worker will be informed in writing of this change and he should intimate in writing the rate which he demands for finishing work in view of the fact he is to use materials of the institution. No cartage or incidental charges shall be borne by the institution in connection with the supply of materials referred to in this paragraph. N.B. - Piece-work is that which involves a payment for work done at stipulated rate only without reference to total quantity or time and a piece-worker shall be understood accordingly.
### 2. Subsidiary item, such as water for work, clearing and marking out site, hire of tools and plant should be separately entered. If, such items are not so entered, it will be assumed that the rates quoted in the schedule include provision for them also. ###
3. The tenderer shall examine closely the Madras Detailed Standard Specifications and also the relevant clauses of the Standard Preliminary Specification contained therein, and sign the office copy in the office of the institution of the Madras Detailed Standard Specification and its Addenda Volume in token of such study before submitting his tender unit rates which shall be for finished work "in situ". He shall also carefully study the drawings and additional specifications and all the documents which form part of the agreement to be entered into by accepted tenderer.
### 4. Each tenderer must also send a certificate of income-tax verification from the appropriate income-tax authority in the form prescribed therefor. In the case of proprietary or partnership firm, it will be necessary to produce the certificate aforementioned for the proprietor or proprietors and for each of the partners, as the case may be. If a certificate had already been produced by the tenderer during the calendar year in which the tender is made in respect of a previous tender, it will be sufficient if particulars regarding the previous occasion on which the certificate was produced are given. All tenders received without a certificate as aforementioned will be summarily rejected. ###
5. Every tenderer is expected, before quoting his rates, to inspect the site of the proposed work. He should also inspect the quarries and satisfy himself about the quality and availability of materials. The name of quarries, kilns, etc., where-from certain materials are to be obtained will be given in the descriptive specification sheet. The best class of materials to be obtained from the quarries or other sources defined shall be used on the work. In every case, the materials must comply with the relevant standard specification. Samples of materials as called for in the standard specifications or in this tender notice, or as required by the Trustee/ Chairman of the Board of Trustees of the Institution shall be submitted to him for approval before the supply to site of the work is begun. If the contractor, after examination of the source of materials defined in the Descriptive Specification Sheet, is of opinion that materials complying with the standard or other specification of the contract cannot be obtained in quality or sufficient quantity from the source defined in the Descriptive Specification Sheet, he shall so state clearly in his tender and state wherefrom he intends to obtain materials subject to the approval of the Trustee or Board of Trustees of the Institution. Attention of the piece-workers is directed to the "Standard Preliminary Specification" regarding payment of seigniorage, tools, etc.
### 6. The tenderer should quote specific rates for each item in the schedule, and the rates should be in rupees and [naye paise] [Now, paise.]
. The units and rates should be written both in words and figures. The schedule accompanying the tender shall be written legibly and free from erasures, overwritings or conversions of figures. Corrections where unavoidable should be made by crossout, initialling, dating and rewriting. No alteration which is made by the tenderer in the agreement form, the condition of agreement, the drawing or specifications accompanying same will be recognized, and if any such-alterations are made, the tender will be void.
### 7. The tenderer should sign each and every page of the tender document. Tender For Piece-Work
To
The Trustee /Chairman of the Board of Trustees,
(Name of the Institution and Address).
No .......................... of 20...............
(..................................) do hereby tender to execute works for the (name of institution) of the under mentioned description by piece-work and in accordance with the conditions noted below and the rules set forth in Schedule B below in consideration of payment being made for the quantity of work executed at the respective rates specified in Schedule A below.
I/We hereby distinctly and expressly declare and acknowledge that, before the submission of my/our tender, I/We have carefully followed the instructions in the tender notice and have read the Madras Detailed Standard Specifications and the relevant clauses of the Preliminary Specification of the Madras Detailed Standard Specifications and that I/We have made such examination of the contract, documents and of the specifications, etc. and of the location where the said work is to be done and such investigation of' the work required to be done and in regard to the materials required to be furnished as to enable me/us thoroughly to understand the intention of the same and the requirements, covenants, agreements, stipulations and restrictions, contained in the contract and the said specification; and distinctly agree that I/We will not hereafter make any claim or demand upon the institution based upon or arising out of any alleged misunderstanding or misconception or mistake on my/our part of the said requirements, covenants, agreements, stipulations, restrictions and conditions. I/We enclose an income-tax verification certificate/have already produced an income-tax verification certificate during the current calendar year in respect of (here particulars of the previous occasion on which the certificate was produced should be given.)
A
---
Name of Work
| | | | | |
| --- | --- | --- | --- | --- |
|
Name of item
|
Class and description of work to be executed
|
[M. D. S. S. Number]
[Enter S. S. before the number if it is an M. D. S. S. number.]
, other special
specification,if any
|
Unit of calculation (in figures and in words)
|
Rate of payment to be entered (both in figures
and in words one below the other)
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Note. - (1) Enter below the schedule a list of drawing and descriptive Specification Sheet with relevant extracts from pages 522,523 and 524 M. D. S. S. Items as may otherwise be applicable vide also paragraph I of Directions to parties tendering.
(2) The tenderer should affix his signature at the end of each page of his tender and other documents attached thereto. The accepting authority should similarly affix his signature to the accepted tender.
Conditions
### 1. The Trustee or the Board of Trustees of the institution shall, within a period of two months from the date of acceptance of the agreement by the competent authority, give to the contractor full and complete particulars of the work to be done hereunder and within like period permit the contractor and his workmen free access to the site on which the work is to be executed. On receiving such particulars and permission, the contractor shall forthwith start the work and shall carry on the same with due diligence and all work executed is to be done in a workman-like manner. The decision of the Trustee or Board of Trustees of the institution as to the rate of progress and the quality of work or materials shall be final. The contractor shall have the right to cancel the contract and obtain refund of his earnest money, if such particulars and/or permission are not given within the said period of two months. ###
2. The following clauses of the Standard Preliminary Specification of the Madras Detailed Standard Specification only, subject to the modifications noted below, shall apply to this agreement.
Standard Preliminary Specification
Section A. - All clauses, except that, in clauses 2 and 3 where the Preliminary Specification is mentioned, the reference shall be only to such clauses of the Preliminary Specification as are herein made applicable to this agreement.
Section C. - All clauses except 15(b) .
Section D. - All clauses except that in clause 28, in place of the words within six months from the completion of read "before final payment for".
Section E. - All clauses except that in clause 35, the word "which" occurring between the words "Progress", and "in" in the first sentence shall be deleted as also the concluding portion of that sentence beginning from "will". The following shall be substituted for the present clause 42:-
"The Trustee/Chairman of the Board of Trustees of the institution shall be responsible for the correct setting out of all works but the piece-worker shall provide at his own cost all labour, materials and staff required for so doing."
Section F. - All clauses.
Section G. - All clauses except clause 56.
Section KJ. - Clauses 64 to 67 inclusive, second sub-paragraph of clause 68, Clauses 70, 71 and 72.
### 3. The quantity of work executed shall be measured and payment made ordinarily monthly. On the completion of the work, or the termination of this agreement, final measurements will be made, and the account adjusted accordingly. ###
4. The Trustee/the Board of Trustees of the institution may put an end to this agreement at his/their option at any time, and, in the case of bad work or materials, action shall be taken as provided in clause 27(e) , Standard Preliminary Specification.
Note. - If action is taken as provided in the last sub-paragraph of clause 27(c) , Standard Preliminary Specification, the piece workers' agreement to the reduced rates shall be taken in writing.
### 5. The Trustee/the Chairman of the Board of Trustees of the institution may fine the piece-worker not less than Rs. 10 and not more than five per cent of the value of completed work for slow progress of work, provided however that any authority higher than the Trustee/the Chairman of the Board of Trustees may in his absolute discretion waive or modify any fine imposed by the Trustee/ Board of Trustees. ###
6. Any unforeseen additional work that may become necessary and is accordingly carried out under this agreement under proper written orders shall be measured and valued by the Trustee/Chairman of the Board of Trustees or his representative at the rates contained in the piece-workers' original schedule and if these rates do not apply, then, prior to execution of the additional work a rate for such work shall ordinarily be agreed upon and entered, in a supplemental Schedule and signed by both the piece-worker and the accepting authority. If it is not possible to arrive at such an agreement, then, the piece-worker shall be paid according to the cost of labour employed and the materials used which will be added ten per cent to cover the piece-workers' profit on the said work on his delivery of the necessary vouchers to the executive authority of the institution.
### 7. The earnest money deposited by the selected piece-worker shall be retained as security for the due fulfillment of the agreement. After the work has been carried out by the piece-worker to the extent of twenty times the value of this security deposit a deduction of five per cent of the value of further work done by him shall be made for purposes of additional security from such intermediate bill to be paid to him until the completion of the work. Such deposit and/or deduction of any portion thereof may, at the discretion of the Trustees/ Board of Trustees of the institution, be forfeited on failure or non-fulfilment by the piece-worker of any of the above conditions. Any authority higher than the one who ordered a forfeiture under the provisions of this clause, may, in his absolute discretion, waive or modify the forfeiture so levied. | | |
| --- | --- |
|
Date:Witness:
|
Signature of the party making the tender.Residence.
|
Accepted by me on behalf of.............(name of the Institution).
Hindu Religious and Charitable Endowments.
Note. - While accepting the agreement, the accepting authority should specify on the first page of this document the number of pages in the agreement and the number of items in the Schedule. A line should also be drawn under the last item in the Schedules.
Articles of Agreement
Articles of Agreement made this ......................... day 20 ........... between the Trustee or the Board of Trustees of........................(name of the institution) (hereinafter called the "said authority" which expression shall where the context so admits, include his successors in office and assigns) of the ONE PART and [of]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority]
.........................(hereinafter called "the Contractor" which expression shall where the context so admits include his heirs, executors, administrators, and legal representatives) of the Other Part;
Whereas........................... (hereinafter called "the Institution") is desirous [of]
[Designation of the officer who is competent to approve of the contract under the rules framed under section H6(2) (xxii) of the Hindu Religious and Charitable Endowments Act, 1959.]
...................and has caused an estimate of probable quantities contained in Schedule A, drawing in Schedule B and specifications in Schedule C, describing the work to be done to be prepared;
And Whereas the said Schedules have been signed by, or on behalf of, the parties hereto;
And Whereas the contractor has agreed to retention by the institution of the earnest money of rupees....................paid by him when he submitted his tender security for the due fulfillment of the contract to the satisfaction of the said authority of the Institution or in the alternative as the said authority may direct to deposit as security for the above said purpose Government securities, municipal debentures or Post Office Cash Certificate to the nominal value of [Rs.]
[To be entered in words and figures.]
.................duly endorsed to or registered in or transferred to the name of the executive authority with the previous sanction of the Head Post Master in the case of the last mentioned security, as the case maybe;
[And Whereas]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority.]
the contractor has deposited with the authority the sum of [rupees]
[To be entered in words and figures.]
................... in cash as additional security for the due fulfillment of the contract to the satisfaction of the said authority;
[And Whereas]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority.]
the contractor has delivered to and deposited with and endorsed over to the said authority, Government securities to the extent of [rupees]
[To be entered in words and figures.]
............ of which the numbers, amounts and other particulars are set forth in the margin hereto as additional security for the due fulfillment of the contract to the satisfaction of the said authority;
[And Whereas]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority.]
the contractor has endorsed over and delivered to the executive authority municipal debentures to the value of [rupees ...............]
[To be entered in words and figures.]
the numbers and particulars of which are set forth in the margin hereto and such endorsement has been registered in the office as additional security for the due fulfillment of the contract to the satisfaction of the said authority;
[And Whereas]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority.]
the contractor has deposited in the bank at..................... the sum of [rupees ................]
[To be entered in words and figures.]
in the name of the said authority and has obtained a receipt bearing No....................dated.............made out in the name of the said authority and the same is now standing to the said authority and is with drawable by him on demand as additional security for the due fulfillment of the contract to the satisfaction of the executive authority;
[And Whereas]
[Rest of sentence to be struck off, if the execution authority can himself enter into the contract without reference to any higher authority.]
the contractor is the holder of the Post Office cash certificates and Defence Savings Certificates of the value of [rupees..............]
[To be entered in words and figures.]
which have been registered in the Post Office at particulars of which are set forth in the margin hereto and whereas the contractor has deposited with and transferred to the said authority the said certificates, the previous sanction of the Head Postmaster of Post office in which the certificates have been registered having been obtained as additional security for the due fulfillment of the contract to the satisfaction of the executive authority;
Note. - Of the five recital clauses relating to the additional security, the one suitable to the kind of security actually deposited should be retained and the rest scored out with due attestation at the time of the execution of the agreement.
And Whereas the contractor has also signed the copy of Madras Detailed Standard Specifications and addenda volume thereto maintained in the office of the institution in acknowledgement of being bound by all the conditions of the clauses of the Standard Preliminary Specification and all the Standard Specifications for items of works described by a Standard Specification number in Schedule A;
And Whereas the contractor has agreed to execute upon and subject to the conditions set forth in the Preliminary Specification of the Madras Detailed Standard Specifications and such other conditions as are contained in all the specifications forming part of this contract (hereinafter referred to as "the said conditions") the works shown upon the drawing and described in the said specification and set forth in Schedule A as "probable quantities" and comply with the rate of progress noted at the end of the articles of agreement for a sum of [rupees..................]
[To be entered in words and figures.]
or such other sum as may be arrived at under the clause of the Standard Preliminary Specification relating to "payment of lump-sum basis or by final measurement at unit prices".
Now these presents witness and it is hereby agreed to as follows:-
(1) In consideration of the payment of the said sum of [rupees................ ]
[To be entered in words and figures.]
or such other sum as may be arrived at under the clause of the Standard Preliminary Specification relating to "Payment of lump sum basis or by final measurement at unit prices", the contractor will, upon and subject to the said conditions, execute and complete the works shown upon the said drawings and described in the said specifications and to the extent of the probable quantities shown in Schedule A with such variations by way of alterations of, additions to, or deductions from the said works and method of payment therefor as are provided for in the said conditions.
(2) The term executive authority in the said conditions shall mean the Trustee or the Board of Trustees of the institution who shall be competent to exercise all the powers and privileges reserved herein, in favour of the Institution with the previous sanction of the [.......]
[To be entered in words and figures.]
(3) The arbitrator for fulfilling the duties set forth in the arbitration clause of the Standard Preliminary Specification shall be the Deputy Commissioner or the Assistant Commissioner for the time being of the Hindu Religious and Charitable Endowment having jurisdiction over the institution to which the works relate.
(4) Time shall be considered as of the essence of the agreement and the contractor hereby agrees to commence the work as soon as the site (or premises) is handed over to him as provided for in the said conditions and agrees to complete the work within.................months from the date of handing over of the site...............(or premises) and to show progress as defined in the tabular statement "Rate of progress" below, subject nevertheless to the provisions for extension of time contained in clause 59 of Standard Preliminary Specification.
(5) The said conditions shall be read and construed as forming part of this agreement and the parties hereto shall respectively abide by and submit themselves to the conditions and stipulations and perform the agreement on their parts, respectively.
(6) Upon the terms and conditions of this agreement being fulfilled and performed to the satisfaction of the executive authority, the security deposited by the contractor as herein before recited on such portion thereof as he may be entitled to under the said conditions shall be returned to the Contractor.
In witness whereof the contractor............. (name) and ............. (name) the said authority of the institution for and on its behalf have hereunto set their hands.
In the presence of -1
In the presence of - 2
Rate of Progress
The following rate of progress and proportionate value of work done from time to time as will be indicated by the executive authority's certificate of the value of work done will be required.
Date of commencement of the programme will be the date on which the site (or premises) is handed over to the contractor.
| | |
| --- | --- |
|
Period after date of commencement
|
Percentage of work completed (based on contract
lump-sum amount)
|
|
1
|
2
|
Note. - The periods to be entered in column (1) for the purpose of defining the rate of progress may be fixed by the executive authority to suit each case.
A
---
of Rates and Approximate Quantities
-------------------------------------
(a) The quantities here given are those upon which the lump sum, tender cost of the work is borne, but they are subject to alterations, omissions, deductions or additions as provided for in the conditions of this contract, and do not necessarily show the actual quantities of the work to be done. The unit rates noted below are those governing payment or extras or deductions for omissions according to the conditions of the contract, as set forth in the Preliminary Specifications of the Madras Detailed Standard Specifications and other conditions or specifications of this contract.
(b) It is to be expressly understood that the measured work is to be taken net (notwithstanding any custom or practice to the contrary) according to the actual quantities when in place and finished according to the drawings or as may be ordered, from time to time, by the executive authority of the Institution and the cost calculated by measurement or weight at the respective prices, without any additional charge for any necessary or contingent works connected therewith. The rates quoted for works "in situ" are complete in every respect.
| | | | | |
| --- | --- | --- | --- | --- |
|
Probable quality Figures
|
Description of work
|
M.D.S.S.number
|
Rate
|
Unit Amount
|
|
Words
|
Figures Rs. P.
|
Words
|
Figures Rs. P.
|
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Date:
|
(Signature of Contractor)
|
Note. - The second sub-division of this column, i.e., column (3) is for entering description in words such as numbers, cubic feet, Ib., etc.
B
---
| | |
| --- | --- |
|
List of Drawings
|
Supplemental List
|
| | |
| --- | --- |
|
Note.- All drawings to be signed by the contractor as well as officer entering into the contract
|
As referred to in the specification (including preliminary specification of Madras Detailed Standard specifications).
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Drawing number
|
Description
|
SI. No.
|
Drawing number
|
Description Date on which the drawing was
supplied
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Date
|
Signature of the contractor.
|
C
---
List of Specifications for the Various Items of Work Supplementing Those Described in Schedule-A by Standard Specification Numbers.
Materials
\*(i) Size alternative to standard specification size or size prescribed. Mortars and concrete.
(ii) Mixes prescribed, if deviation from standard specification.
(iii) Masonry joint thickness and deviations.
| | | | | |
| --- | --- | --- | --- | --- |
|
Materials
|
\*
|
Source from which item is to be obtained
|
Approximate lead
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
|
Lime
|
|
|
|
|
|
Surki
|
|
|
|
|
|
Portland cement
|
|
|
|
|
|
[Sand for mortar works]
[Insert the remarks column where excess earth required for filling is to be obtained from and where excess, if any, is to be carted or conveyed.]
|
|
|
|
|
|
Sand for filling in
|
|
|
|
|
|
[Earth for refilling and disposal of surplus]
[Insert the remarks column where excess earth required for filling is to be obtained from and where excess, if any, is to be carted or conveyed.]
|
|
|
|
|
|
Broken stone for concrete, reinforced concrete,
etc.
|
|
|
|
|
|
Broken stone for road work
|
|
|
|
|
|
Broken brick
|
|
|
|
|
|
Gravel
|
|
|
|
|
|
Quarry rubbish Rough stone,jelly stone, etc.
|
|
|
|
|
|
Flooring stone
|
|
|
|
|
|
Custone
|
|
|
|
|
|
Cuddapah slabs M. S. sheets
|
|
|
|
|
|
Corrugated roofing
|
|
|
|
|
|
Deviations in gauge
|
|
|
|
|
|
Bricks (wall) |
|
|
|
|
|
(Terrace) |
|
|
|
|
|
(flooring) and (tiles) Flat tiles
|
|
|
|
|
|
Mangalore tiles
|
|
|
|
|
|
[Pressed ornamental tiles, etc.]
[Enter if deviation from Standard Specification procedure and if iron or brass.]
|
|
|
|
|
|
Teakwood
|
|
|
|
|
|
Other classes of wood
|
|
|
|
|
|
[Furnishing for doors, windows, etc.,]
[Enter if deviation from Standard Specification procedure and if iron or brass.]
|
|
|
|
|
|
[Standardized items of furniture]
[These will usually be purchased from jails, vide current price list for same.]
|
|
|
|
|
|
Paints
|
|
|
|
|
|
Tar
|
|
|
|
|
|
Wood Oil
|
|
|
|
|
|
Varnish & Distemper (brand and number of
coats)
|
|
|
|
|
|
Steel R. S. Beams, etc.
|
|
|
|
|
|
[Iron work for jail cells-Ventilators, doors,
lock boxes cage latrine, etc.]
[Enter these are to be supplied from the Salem jail and if so where contractor shall take delivery of same.]
|
|
|
|
|
|
Cast iron
|
|
|
|
|
|
Lime mortar
|
|
|
|
|
|
Surki mortor
|
|
|
|
|
|
[Pointing]
[Pointing- State if to be done as per 'Remarks on Pointing' in M. D. S. S. and included in masonry route.]
|
|
|
|
|
|
Terrace work
|
|
|
|
|
|
Deviations, if any, and proportions, if surki
mortar required for and stage
|
|
|
|
|
|
[Plastering]
[Deviations in plaster thickness, if any-State with time mortar or surki cement mortar and proportions.]
|
|
|
|
|
|
Concrete broken stone in lime mortar
|
|
|
|
|
|
Concrete broken stone in cement mortar
|
|
|
|
|
|
Reinforced cement concrete
|
|
|
|
|
|
Brickwork or masonry joints, thickness
|
|
|
|
|
|
Floor surfacing.
|
|
|
|
|
Tender notice
### 1. Tenders will be received by the Trustee/Chairman of the Board of Trustees..............(name and address of the institution) at the office of the institution............up to..........P.M. on for the work of.........The tender should be in the prescribed form obtainable from the office of the institution. ###
2. Tenders must be submitted in sealed covers and should be addressed to the Trustee/Chairman of the Board of Trustees of the institution, the name of the tenderer and the name of the work being noted on the cover. Tenderers or their authorised agents are expected to be present at the time of opening the tenders. The Trustee/Chairman of the Board of Trustees (hereinafter called the said authority) will, on opening each tender, prepare a statement of attested and unattested corrections therein and hand it over to the tenderer concerned an initial all such corrections in the presence of the tenderer. If any of the tenderers or their agents finds it inconvenient to be present at the time, then, in such case, the said authority will, on opening the tender of the absentee tenderer make out a statement of the unattested corrections and communicate it to him. The absentee tenderer shall, then, accept the statement of corrections without any question whatsoever.
If the tender is made by an individual, it shall be signed with his full name and his address shall be given. If it is made by a firm of partnership, it shall be signed with the firm name by a partner of the firm, who shall also sign his own name. The tenderer shall mention the name and address of each member of the firm. If the tender is made by a Corporation, it shall be signed with its seal by a duly authorised officer who shall produce with his tender satisfactory evidence of his authorisation. Such tendering Corporation may be required before the contract is executed, to furnish evidence of its corporate existence.
### 3. (a) Each tenderer must also send a certificate of income-tax verification from the appropriate income-tax authority in the form prescribed therefor. This certificate will be valid for one year from the date of issue for all tenders submitted during that period. (b)
In the case of proprietary or partnership firm, it will be necessary to produce the certificate aforementioned for the proprietor or proprietors and for each of the partners, as the case may be.
(c) If a certificate issued within one year before the date had been produced in respect of a previous tender, it will be sufficient if particulars, regarding the previous occasion on which the said certificate was produced by the tenderer are given.
(d) Tenders received without a certificate as aforementioned will be summarily rejected.
### 4. Each tenderer must pay, as earnest money, a sum of Rs............into the Treasury of the Institution and enclose with his tender the challan endorsed accordingly. The contractors in distant places will be permitted to send their earnest money deposit in the form of a bank draft in favour of the said authority of the institution. This earnest money will be refunded to the unsuccessful tenderer on application, after intimation is sent of rejection of the tender or at the expiration of two months from the date of tender, whichever is earlier. This refund will be authorised by the said authority of the institution by suitable endorsement on the challan. The earnest money will not be received in cash or currency note by the said authority of the institution save in exceptional cases where there are no receiving treasuries to the institution. When currency notes are given, the tenderer should give his name in full with date on the back of all the currency notes given by him, whatever their denominations may be. The earnest money will be retained in the case of the successful tenderer and will not carry any interest. It will be dealt with as provided in the tender.
### 5. When a tender is to be accepted, the tenderer whose tender is under consideration shall attend the office of the said authority of the institution before the end of the period specified in the written intimation sent to him. If the tenderer fails to attend the office of the said authority of the institution before the end of the period specified, his tender will not be considered by the said authority. The tenderer shall, on intimation being given to him by the said authority, of acceptance of his tender by the said authority, make a security deposit of an amount as may be fixed by the said authority at the time of acceptance of tender in one of the following forms:- (a) cash, or
(b) promissory notes of the State Government or any other State Government or the Union Government or Municipal Debentures or Port Trust bonds; or
(c) stock certificates of the State Government or any other State Government or Union Government; or
(d) post office savings bank deposits; or
(e) post office Cash Certificates and National Savings Certificates; or
(f) deposit receipt of the Tamil Nadu State Co-operative Bank, a Central Co-operative Bank approved by the Registrar of Co-operative Societies, Chennai, for deposit of the funds of Local Boards and Municipalities or a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934); or
(g) unencumbered immovable property.
The tenderer shall, then, sign an agreement in the proper departmental form for the due fulfilment of the contract. This security deposit together with the earnest money and the amount withheld according to clause 68 of the Standard Preliminary Specification of the Madras Detailed Standard Specifications shall be retained as security for the due fulfilment of this contract. If a cash security deposit is made by the contractor, he shall follow the procedure laid down in the preceding paragraph for payment of earnest money and such deposit will not bear interest. Failure to enter into the required agreement or to make the security deposit as defined in the paragraph shall entail forfeiture of the earnest money. The written agreement to be entered into between the contractor and the said authority of the institution shall be the foundation of the rights of both the parties and the contract shall not be deemed to be completed until the agreement has first been signed by the contractor and, then, by the said authority on behalf of the institution.
### 6. The tenderer shall examine closely the Madras Detailed Standard Specification and also the Standard Preliminary Specifications contained therein and sign the office copy of the Madras Detailed Standard Specifications in the institution and its addenda volume in token of such study before submitting his tender unit rates which shall be for finished work in situ. He shall also carefully study the drawings and additional specifications and all the documents which form part of the agreement to be entered into by the accepted tenderer. The Madras Detailed Standard Specifications and other documents connected with the contract such as specifications, plans, descriptive specification sheet regarding materials, etc., can be seen at any time between 11 a.m. and 5 p.m. on office days in the office of the executive authority of the institutions ###
7. The tenderer's attention is directed to the requirements for materials under the clause "Materials and Workmanship" in the "Preliminary Specifications". Materials conforming to the British Standard Specifications shall be used on the work and the tenderer shall quote his rate accordingly.
### 8. Every tenderer is expected, before quoting his rate, to inspect the site of the proposed work. He should also inspect the quarries and satisfy himself about the quality and availability of materials. The names of quarries, kilns, etc., wherefrom certain materials are to be obtained will be given in the descriptive specification sheet. The best class of materials to be obtained from the quarries or other source defined shall be used on the work. In every case, the materials must comply with the relevant standard specification. Samples of materials must comply with the relevant standard specification samples of materials as called for in the standard specifications or in this tender notice or as acquired by the said authority of the institution before the supply to be submitted for the approval of the said authority of the institution before the supply to site of work is begun. If the contractor, after examination of the source of materials defined in the descriptive specifications, is sheets of opinion that the materials complying with the standard or other specifications of the contract cannot be obtained in quality or sufficient quantity from the source defined in the descriptive specification sheet, he shall so state clearly in his tender and state wherefrom he intends to obtain materials subject to the approval of the said authority of the institution. The institution will not, however, after acceptance of a contract rate pay any extra charge for lead or for any other reasons, in case the contractor is found later on to have misjudged the materials available. Attention of the contractor is directed to the "Standard Preliminary Specification" regarding payment of seigniorage, tolls, etc. ###
9. The tenderer's particular attention is drawn to the sections and clauses in the "Standard Preliminary Specification" dealing with-
(1) Test, inspection and rejection of defective materials and work,
(2) Carriage,
(3) Construction plant,
(4) Water and lighting,
(5) Cleaning up during progress and for delivery,
(6) Accidents,
(7) Delays, and
(8) Particulars of payment.
The contractor should closely pursue all the specification clauses which govern the rates which he is tendering.
### 10. A schedule of quantities accompanies this tender notice. It shall be definitely understood that the institution does not accept any responsibility for the correctness of deductions, or additions at the discretion of the said authority of the institution or as set forth in the conditions of contract. The tenderer will, however, base his lump-sum tender on this schedule of quantities. He should quote specific rates for each item in the schedule and the rates should be in rupees and paise. The rates should be written both in words and figures and the units in words. The tenderer should also show the totals of each item and grand total of the whole contract and quote in the tender a lump-sum for which he will undertake to do the whole work subject to the conditions of contract, such lump-sum agreeing with the total amount of Schedule A. This schedule accompanying the lump-sum tender shall be written legibly and free from erasures, overwritings, or conversions of figures. Corrections, where unavoidable, should be made by crossing out, initialling, dating and rewriting. ###
11. Tenders offering a percentage deduction from or increase on the estimate amount and those not submitted in proper form or in due time will be rejected. Rates or lump-sum amounts for items not called for shall not be included in the tender. No alteration which is made by the tenderer in the contract form, the conditions of contract, the drawings, specifications, or quantities accompanying the same will be recognised and, if any such alterations are made, the tender will be void.
### 12. The tenderer should work out his own rates. ###
13. The price at which, and the source from which, certain particular materials shall be obtained by the contractor are given at the end of the Schedule accompanying the tender form. Tenderers must accept the materials at these prices, and shall quote their price for finished work accordingly. Notwithstanding any subsequent change in the market value for these materials, the charge to the contractor will remain as originally entered in the written contract. No cartage or incidental charges will be borne by the institution in connection with this supply.
### 14. The attention of the tenderers is directed to the contract requirements as to the time of beginning work, the rate of progress and the dates for the completion of whole work and its several parts. The following rates of progress and of proportionate value of work done, from time to time, as will be indicated by the certificate of the said authority of the institution of the value of work done, will be required. Date of commencement of this programme will be the date on which the site (or premises) is handed over to the contractor. | | |
| --- | --- |
|
Period after date of commencement
|
Percentage of work completed (based on the
contract lump-sum amount)
|
|
1
|
2
|
|
|
|
Note. - The periods to be entered in column (1) for the purpose of defining the rate of progress may be fixed by the said authority of the institution.
### 15. No part of the contract shall be sublet without the written permission of the said authority of the institution nor shall transfer be made by power-of-attorney authorizing others to receive payment on the contractor's behalf. ###
16. If further necessary information is required, the executive authority of the institution will furnish it, but it must be clearly understood that tenders must be received in order and according to instructions.
### 17. The said authority of the institution or other sanctioning authority reserves the right to reject any tender or all the tenders without assigning any reason therefor. ###
18. Preference in the selection from among the tenderers will be given, other things being equal to those who are themselves professionally qualified or who undertake to employ qualified men at their cost to look after the work. The tenderers should, therefore, state in clear terms whether they are professionally qualified or whether they undertake to employ technical staff and, if so, to give their professional qualifications or to the staff to be employed. In case, the selected tenderer is one who has undertaken to employ technical staff under him, he should see that one of the staff is always at site of the work during working hours personally checking all items of work and paying extra attention to such works as may demand special attention (e. g.) reinforced concrete, etc.
Note. - This paragraph should be scored out if the cost of the work involved is less than Rs. 10,000.
### 19. The tenderers, when submitting their tenders, should certify in their tenders that they have actually inspected the site of works and have examined before tendering the nature and extent of various kinds of soil at various depths and have been based their tenders on such examination. ###
20. Tenderers who have not already registered themselves as Hindu Religious and Charitable Endowments contractors shall furnish evidence of their good record and capacity to do the work.
### 21. A tenderer submitting a quotation which the tender accepting authority considers excessive and / or indicative of insufficient knowledge of current prices or definite attempt at profiteering, will render himself liable to be debarred permanently from tendering or for such period as the tender accepting authority may decide. The tender rates should be based on the controlled prices for materials, if any, fixed by Government, or a reasonable price. ###
22. A statement giving brief particulars of equipment and resources that will be put at the disposal of the work under the following classifications should accompany the tender:-
(a) Equipment (transport for materials, viz., lorries and carts concrete mixers).
(b) Organisation (i) technical, (ii) unskilled.
(c) Resources in materials like teakwood, steel and extent to which departmental help is not required for procurement of materials and transport of the same.
(d) Methods that will be adopted to speed up the work to ensure completion within the time fixed for completion.
### 23. The tender of the contractor who agrees to employ the maximum number of ex-servicemen (number to be specified in the tender) will receive preferential consideration. The tenderers are requested to report on this in their covering letter. ###
24. Those who are not registered as Hindu Religious and Charitable Endowments contractors, should invariably attach income-tax verification certificates with their tenders and the registered Hindu Religious and Charitable Endowments contractors who had not already produced these certificates in the current year should also do so.
### 25. The said authority of the institution reserves to himself the right of allotting the different sub-works to different contractors or to one and the same contractor as he may decide after the receipt of tenders. Tender Notice
(Piece work)
### 1. Tenders will be received by the Trustee/the Chairman of the Board of Trustees of ................................... (name of institution) at ................. his office of the institution at..........up to ....................... p. m. on ........ for the work of............................................ The tender should be in the "Hindu Religious and Charitable Endowments Form", obtainable from the office of the institution. Tenderers or their authorised agents are expected to be present at the time of opening tenders. The Trustee/ Chairman of the Board of Trustees (hereinafter called the said authority) will, on opening each tender, prepare a statement of attested and unattested corrections therein and hand it over to the tenderers concerned and initial all such corrections in the presence of the tenderers. If any of the tenderers or their agents finds it inconvenient to be present at the time, then, the said authority will, on opening the tender of the absentee tenderer, make out a statement of the unattested corrections and communicate it to him. The absentee tenderer shall then accept the statement of corrections without any question whatsoever. The Madras Detailed Standard Specifications and other documents relating to the contract such as additional specifications, drawings, descriptive specification sheet regarding materials, etc., can be seen at any time during office hours in the office of the institution. ###
2. Tenders must be submitted in sealed covers and should be addressed to the Trustee /Board of Trustees of the institutions, the name of the tenderer and the name of the work being noted on the cover.
If the tender is made by an individual, it shall be signed with his full name and his address shall be given. If it is made by a firm of partnership, it shall be signed with the firm name by a partner of the firm who shall also sign his own name. The tender shall also mention the name and address of each member of the firm. If the tender is made by a Corporation, it shall be signed by a duly authorised officer who shall produce with his tender satisfactory evidence of his authorisation. Such tendering corporation may be required before the agreement is executed to furnish evidence of its corporate existence.
### 3. The tenderer should deposit a sum of Rs................with the institution under a separate head to be specified as earnest money and enclose with his tender the challan endorsed accordingly. This earnest money will be refunded to the unsuccessful tenderer on application, after intimation is sent of rejection of the tender or at the expiration of two months from the date of tender whichever is earlier. This refund will be authorised by the said authority of the institution by suitable endorsement on the challan. The earnest money will not be received in cash, or currency notes by the said authority of the institution save in exceptional cases where there are no receiving treasuries to the institution. When currency notes are given, the tenderer should sign his name in full with date on the back of all the currency notes given by him, whatever their denomination. The earnest money will be retained in the case of the successful tenderer and will not carry any interest. It will be dealt with as provided for in the conditions attached to the tender.
When a tender is to be accepted, the tenderer whose tender is under consideration, shall attend the office of the institution on the date fixed in the written intimation sent to him. He should forthwith upon intimation being given to him by the said authority of acceptance of his tender, complete the execution of the agreement by signing all documents connected therewith. Failure to do so shall entail forfeiture of earnest money.
### 4. Tenderers should peruse carefully the instructions in "The instructions to tenderers and form of tender" and the conditions of the Standard Hindu Religious and Charitable Endowments Form and all other relevant documents before tendering rate for piece work. The approximate quantity of work to be executed under each clause is given in the accompanying Schedule. The quantities are given only with a view to enable the tenderer to quote his overall rate for each class of work in the tender form. ###
5. The said authority of the institutions reserves the right to reject any tender or all the tenders without assigning any reason therefor. Tenders offering a percentage deduction from or increase on the estimate amount, and those not submitted in proper form or in due time will be rejected.
### 6. The tender of the contractor who agrees to employ the maximum number of ex- servicemen ex-toddy tappers, unemployed agricultural labourers (number to be notified in the tender) will receive preferential consideration. The tenderers are requested to report on this in their covering letter. ###
7. The tenderers, when submitting their tenders, should certify in their tenders that they have actually inspected the site of work and have examined before tendering the nature and extent of various kinds of soil at various depths and have based their tenders on such examination by them.
### 8. Tenderers who have not already registered themselves as Hindu Religious and Charitable Endowments contractors shall furnish evidence of their good record and capacity to do the work. ###
9. A tenderer submitting a quotation which the said authority considers excessive and/or indicative of insufficient knowledge of current prices or definite attempt of profiteering will render himself liable to be debarred permanently from tendering or for such period as the said authority may decide. The tender rates should be based on the controlled prices for materials, if any, fixed by the Government, or a reasonable price.
### 10. (a) Each tenderer must also send a certificate of income tax verification from the appropriate income-tax authority in the form prescribed therefor. (b)
In the case of proprietary or partnership firm, it will be necessary to produce the certificate aforementioned for the proprietor or proprietors and for each of the partners, as the case may be.
(c) If a certificate had already been produced by the tenderer during the calendar year in which the tender is made in respect of a previous tender, it will be sufficient if particulars regarding the previous occasion on which the certificate was produced are given.
(d) All tenders received without certificates as aforementioned will be summarily rejected.
Schedule 6
------------
(Give details of the piece work to be done)
Tender
Date 20.............................................
To
The Trustee/The Board of Trustees (name of the institution and address).
Sir,
I/We do hereby tender and if this tender be accepted, undertake to execute the following works (viz.) and more fully described in the Schedule hereto ........... as shown in the drawings and described in the specifications deposited in the office of the institution with such variations by way of alterations or additions to, and omissions from, the said works and method of payment as are provided for in the conditions of contract for the sum of rupees ............................. (to be entered in words and figures) or such other sum as may be arrived at under the clause of the Standard Preliminary Specifications relating to "Payment on lump-sum basis or by final measurement at unit prices".
I/We have also completed the priced list of items in Schedule "A" annexed.. (in words and figures) for which I/We agree to execute the work when the lump-sum payment under the terms of the agreement is varied by payment on measured quantities.
I/We hereby distinctly and expressly declare and acknowledge that, before the submission of my/our tender, I/We have carefully followed the instructions in the tender notice and have read the Madras Detailed Standard Specifications and the Preliminary Specification therein; and that I/We have made such examination of the contract documents and of the plans, specifications and quantities, and of the location where the said work is to be done and such investigation of the work required to be done, and in regard to the materials required to be furnished as to enable me/us to thoroughly understand the intention of same and the requirements, covenants, agreements, stipulations and restrictions contained in the contract and in the said plans and specifications and distinctly agree that I/We will not hereafter make any claim or demand upon the institution based upon or arising out of any alleged misunderstanding or misconception or mistake on my/our part of the said requirements, covenants, agreements, stipulations, restrictions and conditions.
I/We enclose herewith a challan for the payment of the sum of rupees .............. (to be entered in words and figures) as earnest money not to bear interest. If my/our tender is not accepted, the sum shall be returned to me/us on my / our application when intimation is sent to me/us of rejection or at the expiration of two months from the date of this tender, whichever is earlier. If my/our tender is accepted, the earnest money shall be retained by the institution as security for the due fulfilment of the contract. If, upon written intimation to me/us by the office of the Trustee/Board of Trustees of the institution, I/We fail to attend the said office before the end of the period specified in such intimation, the tender will not be considered by the Trustee/Board of Trustees or if upon intimation being given to me/us by the Trustee/Board of Trustees of the institution of acceptance by the Trustee/Board of Trustees of my/our tender, I/We fail to make an additional security deposit or to enter into the required agreement as defined in paragraph 4 of the tender notice, then, I/We agree to the forfeiture of the earnest money. Any notice required to be served on me/us hereunder shall be sufficiently served on me/us if delivered to me/us personally or forwarded to me/us by registered post or ordinary or left at my/ our address given herein. Such notice shall, if sent by post, be deemed to have been served on me/us at the time when it would be delivered at the address to which it is sent.
I/We fully understand that the written agreement to be entered into between me/us and the institution shall be the foundation of the rights of both the parties and the contract shall not be deemed to be completed until the agreement is first signed by me/us and then by the Trustee/Chairman of the Board of Trustees of the institution on its behalf.
I am/we are professionally qualified and my/ our qualifications are given below.
| | |
| --- | --- |
|
Name
|
Qualification
|
|
|
|
I/We will employ the following technical staff for supervising the work and will see that one of them is always at site during working hours personally checking all items of work and paying extra attention to such works as require special attention (e.g.) reinforced concrete work.
| | |
| --- | --- |
|
Names of members of technical staff proposed to be employed
|
Qualification
|
|
|
|
Note. - (a) The last two clauses should be scored out if the cost of the work involved is less than Rs. 10,000.
(b) The tenderers should score out the last clause of the penultimate according as they are themselves professionally qualified or undertake to employ technical staff under them.
| | |
| --- | --- |
|
Rate of progress
|
Contractor
|
|
|
|
(Fill in from tender notice.)
Extract from Schedule of quantities.
(Fill in only the table from tender notice.)
|
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.