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State of Uttar Pradesh - Act ------------------------------ The U.P. Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 ----------------------------------------------------------------------------------------------- UTTAR PRADESH India The U.P. Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 =============================================================================================== Act 35 of 1979 ---------------- * Published on 6 January 2018 * Commenced on 6 January 2018 The U.P. Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 (U.P. Act No. 35 of 1979 ) Last Updated 9th March, 2020 Statement of Objects and Reasons (U.P. Act No. 9 of 2018). - The Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 (U.P. Act no. 35 of 1979 ) has been enacted to amend certain Central enactments of provide for the composition of certain offences and for abatement of certain criminal trials. On the recommendation of the High Court of Judicature at Allahabad it has been decided to amend sub-section (2) of Section 9 of the said Act to extend the period for abatement of certain proceedings pending before a Magistrate from January 1, 2013 to December 31, 2015. The Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2017 is introduced accordingly. (As passed by the Uttar Pradesh Legislature) Published in U.P. Gazette (Extraordinary) , dated December 21, 1979. An Act further to amend the [Motor Vehicles Act, 1939] [Now see Motor Vehicles Act, 1988.] , the Minimum Wages Act, 1948, the Factories Act, 1948, the Police Act, 1861 and the Public Gambling Act, 1867 (in their application to Uttar Pradesh) and the [Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959] [Now see U.P. Municipal Corporations Act, 1959.] , and the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 with a view to provide for the composition of certain offences and abatement of certain criminal trials. It is hereby enacted in the Thirtieth Year of the Republic of India as follows : ### 1. Short title and extent. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979. (2) It shall extend to the whole of Uttar Pradesh. ### 2. After Section 131-A of the [Motor Vehicles Act, 1939] [Now see Motor Vehicles Act, 1988.] , the following section shall be inserted, namely : "131B. Compounding of offences. - (1) Any offence punishable under this Chapter (excluding Sections 116, 117, 118-A, 123 and 123-A) may subject to any general or special order of the State Government in this behalf, be compounded either before or after the institution of the prosecution, by an officer specially empowered by the State Government in this behalf by notification, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence. (2) Where the offence is so compounded,- (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender." ### 3. In the Minimum Wages Act, 1948, after Section 22-C, the following section shall be inserted, namely : "22-CC. Compounding of offences. - An officer specially empowered by the State Government in this behalf by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded- (i) before the institution of the prosecution, the offender shall not be liable to-prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender." ### 4. In Chapter X of the Factories Act, 1948, after Section 106, the following section shall be inserted, namely ; "106-A. Compounding of offences. - The Inspector may, subject to any general or special order of the State Government in this behalf compound any offence punishable under this Act with fine only and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded- (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender." ### 5. For Section 34-A of the Police Act, 1861, the following section shall be substituted, namely ; "34-A. Compounding of offences under Sections 32 and 34.-An offence punishable under Section 32 or Section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and when the offence is so compounded- (i) before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, by set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender." ### 6. After Section 14 of the Public Gambling Act, 1867, the following section shall be inserted, namely : "14-A. Compounding of offences. - An officer specially empowered in this behalf by the State Government by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded- (i) before the institution of the prosecution the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender : Provided that nothing contained in this section shall authorize the composition of any subsequent offence committed by an offender who has once been convicted for any offence punishable under this Act." ### 7. In Section 564 of the [Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959] [Now see U.P. Municipal Corporations Act, 1959.] , for clause (b) , the following shall be substituted, namely : "(b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, bye-laws or regulations, made thereunder, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded- (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender." ### 8. In Section 36 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962, after sub-section (2) , the following sub-section shall be inserted, namely : "(3) The Chief Inspector may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded- (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender." ### 9. Notwithstanding anything contained in any other law for the time being in force. - (1) the trial of an accused for- (a) an offence punishable under- (i) The [Motor Vehicles Act, 1939] [Now see Motor Vehicles Act, 1988.] ; or (ii) The Public Gambling Act, 1867, not being an offence punishable under Section 3 of that Act or an offence in respect of wagering punishable under Section 13 of that Act; or (iii) Section 34 of the Police Act, 1861; or (iv) Section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or (2) a proceeding under Section 107 or Section 109 of the Code of Criminal Procedure, 1973, pending before a Magistrate on the date of commencement of this Act from before [December 31, 2016] [Substituted 'December 31, 2015' by U.P. Act 21 of 2019.] shall abate.
65bad05eab84c7eca86ec8c8
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State of Jharkhand - Act -------------------------- The Anugraha Narayan Sinha Institute of Social Studies Act, 1964 ------------------------------------------------------------------ JHARKHAND India The Anugraha Narayan Sinha Institute of Social Studies Act, 1964 ================================================================== Act 12 of 1964 ---------------- * Published on 8 October 1964 * Commenced on 8 October 1964 The Anugraha Narayan Sinha Institute of Social Studies Act, 1964 Bihar Act 12 of 1964 [Governor's assent published in the Bihar Gazette Extraordinary on 8th October 1964]. An Act to provide for the incorporation of the institution known as the Anugraha Narayan Sinha Institute of Social Studies, Patna and matters connected therewith. Be it enacted by the Legislature of the State of Bihar in the Fifteenth Year of the Republic of India as follows:- ### 1. Short title. - This Act may be called the Anugraha Narayan Sinha Institute of Social Studies Act, 1964. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "Board" means the Board of Control constituted under section 5; (b) "Chairman" means the Chairman of the Board; (c) "Director" means the Director of the Institute; (d) "Institute" means the Anugraha Narayan Sinha Institute of Social Studies, Patna, incorporated under section 3; (e) "member" means member of the Board. ### 3. Incorporation. (1) The first Chairman and the first members of the Board and all persons who may hereafter become Chairman or members of the Board, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Anugraha Narayan Sinha Institute of Social Studies. (2) The Institute shall have perpetual succession and a common seal, and shall by the said name sue and be sued. ### 4. Purposes and powers of the Institute. - The purposes and powers of the Institute shall be the following, namely:- (a) to undertake teaching and research in social sciences; (b) to undertake study of specific problems, if and when required by the State Government or the Central Government or any other agency; (c) to provide for training and research facilities in social, economic and administrative problems. (d) to publish journals, books, pamphlets, brochures and such other materials as may be deemed necessary; (e) to organise lectures, seminars and conferences; and (f) to undertake other allied activities. ### 5. Constitution of the Board of Control. - [(1) There shall be a Board of Control consisting of the following members, namely:- (a) To be nominated, by the State Government-Chairman. (b) Vice-Chancellor of the Patna University established under the Patna University Act, 1961 (Bihar Act III of 1962)-ex-officio. (c) One Vice-Chancellor from amongst the universities other than Patna of the State of Bihar, to be nominated by the State Government in rotation in alphabetical order as per names of universities. (d) Two representatives of the Indian Council of Social Sciences Research, New Delhi to be nominated by the Chairman of the Council. (e) One representative of the University Grants Commission to be nominated by the Chairman of the Commission. (f) Director of the Institute-ex-officio Member-Secretary. (g) Two persons of eminence nominated by the State Government in consultation with the Chairman. (h) One Faculty representative not below the rank of Professor to be nominated by the State Government in rotation from amongst the professor in alphabetical order of their names. (i) Secretary to the State Government in the Department of Human Resource Development-ex-officio. (j) Secretary to the State Government in the Department of Finance-ex-officio.] (2) [ The term of office of members nominated under clauses (a), (c), (d), (e), (g) and (h) of sub-section (1) shall be for a period of two years from the date of notification and shall be eligible for re-nomination for another term of two years only.] [Inserted by Act 6 of 1989.] (b) and (c) of sub-section (1) shall hold office for a term of two years from the date of nomination and shall be eligible to be nominated for another such term. (3) The term of office of an ex-officio member shall continue so long as he holds the office in virtue of which he is a member. (4) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated. (5) The Board shall meet at least once in three months. [The Vice-Chancellor may nominate his representative, not below the rank of a Professor, to attend such meeting.] [Inserted by Act 6 of 1989.] (6) The Board may associate with itself any person whose assistance or advice it may desire in carrying out its functions under this Act. (7) A person associated with it by the Board under sub-section (6) shall have a right to take part in the discussions but shall not have a right to vote. ### 6. Functions of the Board. (1) The Board shall be the supreme governing body of the Institute and shall exercise all the powers of the Institute. (2) Subject to the provisions of this Act the Board shall, in particular- (a) hold, control and administer the property and the funds of the Institute; (b) determine the form, provide for the custody and regulate the use of the common seal of the Institute; (c) determine and regulate all matter concerning the Institute; (d) administer any funds placed at the disposal of the Board for specific purposes; (e) create posts and appoint officers and other employees of the Institute and define their duties and provide for the filling of temporary vacancies: Provided that no post the total emolument of which exceeds Rs. 1,000 per month shall be created without the previous sanction of the State Government; (f) have power to accept transfers on behalf of the Institute of any movable or immovable property to and for the purposes of the Institute. ### 7. The Director. - (1) There shall be a Director who shall be a whole time officer and his appointments shall be made by the Board of Control on the recommendation of a Selection Committee. (i) The Selection Committee shall consist of the following members:- [(1) One member to be nominated by the State Government. (2) One member to be nominated by the Indian Council of Social Sciences Research, New Delhi. (3) One representative of the Board of Control. The Selection Committee shall prepare a panel of three names in order of preference and the Board of Control shall make appointment of Director out of that panel. (ii) The Director shall hold office for a term of three years from the date on which he assumes charge of his office and on the expiry of the said term, he may be reappointed for another term not exceeding three years. No Director can hold office for more than six years in all.] (2) The Director shall act as the Secretary to the Board and shall be the principal executive officer of the Institute and all members of the staff shall be responsible to him. (3) The Director shall have power, subject to the provision of clause (e) of sub-section (2) of Section 6, to appoint officers and employees to posts sanctioned by the Board in scales of pay the maximum of which does not exceed Rs. 200 per month. (4) The Director shall be responsible for implementing the resolutions of the Board and he shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the rules made by the Board thereunder. (5) [ No person shall be eligible to hold the post of Director unless he is a person who has attained a place of eminence in the field of social sciences.] [Inserted by 6 of 1989 and Substituted by Act 6 of 1989.] (6) [ The pay of the Director shall be equivalent to that of the Vice-Chancellor of a University established under the Act of the legislature of the State of Bihar, and other terms and conditions of his appointment shall be determined by the Board of Control.] [Inserted by 6 of 1989 and Substituted by Act 6 of 1989.] (7) [ Where the person appointed as Director is in the receipt of pension from the Central or State Government, the amount of the pension payable to him shall be treated as part of the salary specified in clause (6).] [Inserted by Act 34 of 1982 [See notes above].] ### 7A. [ Arrangement of work during the vacancy of the post of the Director. [Inserted by Act 34 of 1982 [See notes above].] - If a vacancy is caused in the office of the Director by reason of his death, resignation or otherwise, the State Government shall make such arrangement as may be deemed fit to look after the work of the Director till the appointment of the Director.] [Substituted by Act 34 of 1982.] ### 7B. [ [Inserted by Act 6 of 1989.] There shall be a Registrar who shall be a whole-time officer of the Institute for assisting the Director in achieving the academic purposes of the Institute and shall be appointed by the Board on the recommendation of the Selection Committee constituted under sub-section (1) of Section 7 of the Act on such terms and conditions as may be agreed upon between him and the Board: Provided that no person shall be eligible to hold the post of Registrar who is not eligible to be appointed as a Professor in any University established by an Act of the legislature of the State of Bihar.] [Substituted by Act 6 of 1989.] ### 7C. [ [Inserted by Act 6 of 1989.] There shall be an Administrator who shall be a whole-time officer of the Institute for assisting the Director in discharging administrative and accounting responsibilities of the Institute and shall be appointed by the Board on such terms and conditions as may be agreed upon between him and the Board: Provided that no person shall be eligible to hold the post of Administrator unless he has at least ten years experience in supervisory capacity of general, financial or personnel administration.] ### 8. Payment to Institute. (1) The State Government shall contribute to the institute a sum of two lakhs of rupees in each financial year for the maintenance of the institute. (2) The State Government may contribute from time to time such additional sums of the Institute as it may deem fit for special items of research of educational work, publication, buildings and for the proper maintenance and development of the Institute. ### 9. The Institute Fund. (1) There shall be established a Fund to be called the Anugraha Narayan Sinha Institute Fund which shall be vested in the Institute to which shall be credited- (a) the balance, if any, standing to the credit of the Anugraha Narayan Sinha Institute of Social Studies, Patna, on the date of commencement of this Act; (b) all moneys contributed to the Institute by the State Government; (c) all moneys received by or on behalf of the Institute from the Central Government; (d) all moneys received by or on behalf of the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; (e) all interests and profits arising from any transaction on connection with any money belonging to the Institute; (f) proceeds from the sale of the journals, pamphlets and books; and (g) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited or invested in such manner as the Institute may, with the approval of the State Government, decide. (3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under this Act. ### 10. Budget. (1) The Director shall, on or before the tenth day of August each year, cause to be prepared and laid before the Board, in such form as may be prescribed by the Board, the budget estimate of the income and expenditure of the Institute for the next financial year. (2) The Board shall, as soon as may be after the tenth day of August but not later than the first day of the following September, examine and approve the estimate with or without modification as it may deem fit and shall forthwith submit a copy thereof to the State Government. (3) The Board may from time to time during the financial year reduce the amount of any item of budget grant or transfer such amount or a portion thereof to any other item of budget grant: Provided that the Board shall have no power to transfer any non-recurring grant for recurring expenditure: [Provided further that the Board shall have no power to transfer from one item to another item an amount exceeding 20 per cent of the original grant under any item.] [Inserted by Act 6 of 1989.] ### 11. Annual Report. - The Board shall prepare once every year an annual report giving a true and full account of the activities of the Institute during the year next preceding and forward copies thereof to the State Government and the State Government shall cause the same to be laid before the Legislature of the State. ### 12. Accounts and audit. (1) Subject to any rules made by the State Government in this behalf, the accounts of receipts and expenditure of the Institute shall be kept in such manner and in such form as the Board may from time to time prescribe. (2) The Board shall, as soon as may be after closing its annual accounts, prepare an annual statement of accounts in such form as the State Government may from time to time prescribe and forward the same to the Accountant-General, Bihar, by such date as the State Government may, in consultation with the Accountant-General, Bihar, determine. (3) The accounts of the Institute shall be audited by the Accountant-General, Bihar, or some other officer appointed by him in this behalf and the Board shall take suitable action on the matters arising out of the audit report. (3A) [ The State Government may call upon the Institute to adopt concurrent audit by the Chief Controller of Accounts and Audit of the State Government.] [Inserted by Act 6 of 1989.] (4) The Board shall forward the annual accounts of the Institute together with the audit report thereon to the State Government and the State Government shall cause the same to be laid before the Legislature of the State. ### 13. Transfer of staff, buildings, out-houses and grounds to the Institute. (1) With effect from the date of the commencement of this Act, the buildings, out-houses and grounds attached to the Anugraha Narayan Sinha Institute of Social Studies, Patna, together with the articles of furniture, library, books and other equipments shall, at the commencement of this Act, be deemed to have been and are hereby transferred to the maintenance and control of the Institute: Provided that until arrangements are made by the Institute, the State Government shall be and continue to be responsible for keeping the building including fixtures, fittings and connections in a proper state of repairs, as may from time to time be suggested by the Institute. (2) Nothing in this section shall be deemed to authorise the Institute to sell, lease, exchange or otherwise dispose of any land or buildings transferred to the Institute. (3) The Institute may employ all or any of the officers and servants appointed by the State Government who were in the employ of the Anugraha Narayan Sinha Institute, Patna, immediately before the commencement of this Act, on such terms and conditions as may be determined by the State Government. ### 14. Returns and information. - The Board shall furnish to the State Government such returns or other information with respect to its property or activities as the State Government may from time to time require. ### 15. Consultants. - There shall be a panel of consultants consisting of experts who shall be nominated by the Board. ### 16. Power to make rules. (1) The Board may, by notification in the Official Gazette, after previous publication, make rules not inconsistent with the provisions of the Act, to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for- (a) the granting of annuities and gratuities out of the fund of the Institute; (b) the creation and management of a provident fund for compelling contribution thereto on the part of their officers and employees, and for supplementing such contribution out of the Fund of the Institute; (c) for the management of the finances and accounts of the Institute; and (d) for the exercise of such powers and the performance of such duties as may be entrusted by the Board to the Director and other officers and employees of the Board. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of 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, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 17. Power to make regulations. - The Board may make regulations consistent with this Act and the rules made thereunder for- (a) regulating the meetings of the Board and the procedure for conducting business thereat; (b) determining the qualifications of officers and employees of the Board and prescribing methods of their recruitment; (c) specifying the terms and conditions of service of the employees appointed by the Board; and (d) regulating the manner in which the advice of the consultants be obtained by the Board.
65b9ebf4ab84c7eca86ea3e6
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State of West Bengal - Act ---------------------------- The West Bengal Panchayat (Amendment) Act, 2012 ------------------------------------------------- WEST BENGAL India The West Bengal Panchayat (Amendment) Act, 2012 ================================================= Act 9 of 2012 --------------- * Published on 17 May 2012 * Commenced on 17 May 2012 The West Bengal Panchayat (Amendment) Act, 2012 West Bengal Act 9 of 2012 WB0676 Statement of Object and Reasons - West Bengal Panchayat (Amendment) Bill, 2012 - The matter of more empowerment of women, decentralization involving weaker sections of society, and making the governance of panchayats more responsible, transparent and accountable have been under active consideration of the State Government. With a view to increase the representation and reservation of women and also of other weaker sections of society in the three tier of panchayat , it has been considered necessary and expedient to amend the West Bengal panchayat Act, 1973 (West Bengal Act XLI of 1973). While taking aforesaid measures it has also been ensured that such reservations conforms to Constitutional provisions regarding reservation and does not exceed more than fifty per cent in any case, as pronounced by the Hon'ble Supreme Court of India. 2. The Bill has been framed with the above objects in view. 3. No Expenditure is envisaged in giving effect to the provisions of the Bill. Kolkata, The 29th march, 2012. Sd/- Subrata Mukherjee, Member-in-charge. Vide Notification No. 667-L. dated 17th May, 2012 published in the Kolkata Gazette, Extraordinary, Part 3. dated May 17, 2012. [Passed by the West Bengal Legislature] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 17th May, 2012] An Act to amend the West Bengal Panchayat Act, 1973. Whereas it is expedient to amend the West Bengal Panchayat Act, 1973 (West Bengal Act XLI of 1973). for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows :- ### 1. Short title and commencement. (1) This Act may be called the West Bengal Panchayat (Amendment) Act, 2012. (2) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different sections. ### 2. Amendment of section 4 of West Bengal Act XLI of 1973. - For sub-section (2) of section 4 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the principal Act), the following sub-section shall be substituted:- "(2) Persons whose names are included in the electoral role prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election pertaining to the area comprised in the Gram, shall elect by secret ballot at such time and in such manner as may be prescribed, from among themselves such number of members not being less than five or more than thirty as the prescribed authority may, having regard to the number of voters in hill areas and other areas and in accordance with such rules as may be made in this behalf by the State Government, determine : Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Gram Panchayat, and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Gram Panchayat to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes as the case may be, in that Gram, bears to the total population of that Gram and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes, Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than one-half of the proportion that the total Scheduled Castes population, the Scheduled Tribes population or, the Backward Classes population, as the case may be, in that Gram, bears with the total population in that Gram : Provided further that as nearly as practicable one-half but not exceeding one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be: Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Gram Panchayat shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section, when the number of members to be elected to a Gram Panchayat is determined by the prescribed authority or when seats are reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Gram Panchayat in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for two successive general elections : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Gram Panchayat, be disqualified for election to any seat not so reserved : Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing, by order, direct the prescribed authority to make fresh determination of the number of members of a Gram Panchayat or fresh reservation on rotation of the number of seats in such Gram Panchayat and, on such order being issued by the State Election Commissioner, the determination of the number of members or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order shall not be varied for the next two successive general elections : Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.". ### 3. Amendment of section 9. - For sub-section (1) of section 9 of the principal Act, the following sub-section shall be substituted :- "(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Pradhan and another member to be the Upa-Pradhan of the Gram Panchayat : Provided that the members referred to in clause (ii) of sub-section (2A) of section 4 shall neither participate in, nor be eligible for such election : Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for election of the Pradhan unless he declares in writing that on being elected, he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, performance of his functions or due discharge of his duties : Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Pradhan and the Upa-Pradhan shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes. or the Backward Classes as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed : Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram Panchayat having the Scheduled Castes or the Scheduled Tribes or the Backward Classes population, as the case may be, constituting not more than five per cent of the total population in the Gram, shall not be considered for allocation by rotation : Provided also that in the event of the number of Grams having the Scheduled Castes or the Scheduled Tribes or the Backward Classes population constituting more than five per cent of the total population, falling short of the number of the offices of the Pradhan and the Upa-Pradhan required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Pradhan and the Upa-Pradhan beginning from the Gram having higher proportion of the Scheduled Castes or the Scheduled Tribes, or the Backward Classes as the case may be, until the total number of seats required for reservation is obtained : Provided also that in a district, determination of the offices of the Pradhan reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and women shall precede such determination of the offices of the Upa-Pradhan : Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Pradhan in a Gram Panchayat is reserved for any category of persons in accordance with the rules in force, the office of the Upa-Pradhan in that Gram Panchayat shall not be reserved for the said term of election for any category, and if, in accordance with the rules applicable to the office of the Upa-Pradhan. such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Upa-Pradhan within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force : Provided also that when in any term of election, an office of the Upa-Pradhan is not reserved on the ground that the corresponding office of the Pradhan is reserved in the manner prescribed, such office of the Upa-Pradhan not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of the offices of the Pradhan and the Upa-Pradhan reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of the offices of the Pradhan and the Upa-Pradhan in a district including the offices reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first general elections to be held after the coming into force of section 8 of the West Bengal Panchayat (Amendment) Act, 1994 (West Bengal Act XVIII of 1994), and the roster for reservation by rotation shall continue for every two successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no women, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Pradhan or the Upa-Pradhan, be disqualified for election to any office not so reserved : Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the Pradhan or the Upa-Pradhan reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim : Provided also that the provisions for reservation of the offices of the Pradhan and the Upa-Pradhan for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.". ### 4. Amendment of section 94. - For sub-section (2) of section 94 of the principal Act, the following sub-section shall be substituted :- "(2) The Panchayat Samiti shall consist of the following members, namely :- (i) Pradhans of the Gram Panchayat within the Block, ex-officio; (ii) such number of persons not exceeding three as may be prescribed on the basis of the number of voters in hill areas and other areas to be elected from each Gram within the Block, the Gram being divided by the prescribed authority for the purpose into as many constituencies as the number of the persons to be elected, and the election being held by secret ballot at such time and in such manner as may be prescribed from amongst the persons, whose names are included in the electoral roll pertaining to the area comprised in the Block, prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Gram : Provided that seats shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes in a Panchayat Samiti and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Panchayat Samiti to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes as the case may be, in that Panchayat Samiti area, bears to the total population of that Panchayat Samitis area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population or the Backward Classes as the case may be, in that Panchayat Samiti area, bears with the total population in that Panchayat Samiti area : Provided further that as nearly as practicable one-half but not exceeding one-half the total number of seats reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Panchayat Samiti shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section, when the number of members to be elected to a Panchayat Samiti is determined. or when seats are reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Panchayat Samiti, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for two successive general elections : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no women for whom seats are reserved under this sub-section, shall, if eligible for election to a Panchayat Samiti, be disqualified for election to any seat not so reserved : Provided also that such division into constituencies shall be made in such manner that the ratio between the population of a Block and the number of constituencies in the Panchayat Samiti shall, so far as practicable, be the same in any Panchayat Samiti : Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing, by order, direct the prescribed authority to make fresh determination, of the number of members in a Panchayat Samiti or fresh reservation on rotation of the number of seats in that Panchayat Samiti and, on such order being issued by the State Election Commissioner, the determination of the number of members or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order shall not be varied for the next two successive general elections : Provided also that provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf; (iii) (a) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers; (b) members of the Council of States, not being Ministers, registered as electors within the area of the Block; and (c) members of the Zilla Parishad, not being Sabhadhipati or Sahakari Sabhadhipati, elected thereto from the constituency comprising any part of the Block.". ### 5. Amendment of section 98. - For sub-section (1) of section 98 of the principal Act, the following sub-section shall be substituted:- (1) Every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhapati and another member to be the Sahakari Sabhapati of the Panchayat Samiti : Provided that members referred to in clauses (i) and (ii) of sub-section (2) of section 94 shall neither participate in, nor be eligible for, such election : Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties : Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed : Provided also that the offices of the Sabhapati and the Sahakari Sabhapati in any Panchayat Samiti having the Scheduled Castes or the Scheduled Tribes or the Backward Classes population, as the case may be, constituting not more than five per cent of the total population in the Block, shall not be considered for allocation by rotation : Provided also that in the event of the number of Blocks having the Scheduled Castes or the Scheduled Tribes or the Backward Classes population constituting more than five per cent of the total population, falling short of the number of the offices of the Sabhapati and the Sahakari Sabhapati required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Sabhapati and the Sahakari Sri Sabhapati beginning from the Block having higher proportion of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, until the total number of seats required for reservation is obtained : Provided also that as nearly as practicable one-half but not exceeding one half of the total number of the offices of the Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes, or the Scheduled Tribes or the Backward Classes, as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of offices of the Sabhapati and the Sahakari Sabhapati in a district including the offices reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed : Provided also that in a district, determination of the offices of the Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and women shall precede such determination for the offices of the Sahakari Sabhapati : Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhapati in a Panchayat Samiti is reserved for any category of persons in terms of the rules in force, the office of the Sahakari Sabhapati in that Panchayat Samiti shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhapati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhapati within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force : Provided also that when in any term of election. an office of the Sahakari Sabhapati is not reserved on the ground that the corresponding office of the Sabhapati is reserved in the manner prescribed, such office of the Sahakari Sabhapati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 26 of the West Bengal Panchayat (Amendment) Act, 1994 (West Bengal Act XVIII of 1994), and the roaster for reservation by rotation shall continue for every two successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Sabhapati or Sahakari Sabhapati, be disqualified for election to any office not so reserved : Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the Sabhapati or the Sahakari Sabhapati reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim : Provided also that the provisions for reservation of the offices of Sabhapati and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.". ### 6. Amendment of section 140. - For sub-section (2) of section 140 of the principal Act, the following sub-section shall be substituted :- "(2) The Zilla Parishad shall consist of the following members, namely :- (i) Sabhapatis of the Panchayat Samitis within the district, ex-officio; (ii) such number of persons not exceeding three as may be prescribed on the basis of the number of voters in the area from each Block within the district, the Block being divided by the prescribed authority for the purpose into constituencies in the prescribed manner, elected by secret ballot at such time and in such manner as may be prescribed from amongst the persons whose names are included in the electoral roll, pertaining to any Block within the district, prepared in accordance with such rules as may be made in this behalf by the State Government and in force on such date as the State Election Commissioner may declare for the purpose of an election, by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block : Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportions to the total number of seats in that Zilla Parishad to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes, as the case may be in that Zilla Parishad area, bears to the total population of that Zilla Parishad area and such seats shall be sul4ct to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population or the Backward Classes population as the case may be, in that Zilla Parishad area, bears with the total population in that Zilla Parishad area : Provided further that as nearly as practicable one-half but not exceeding one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of seats, including the seats reserved for the Scheduled Castes. the Scheduled Tribes and the Backward Classes, in a Zilla Parishad shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section, when the number of members to be elected to a Zilla Parishad is determined, or when seats are reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Zilla Parishad, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for two successive general elections : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Zilla Parishad, be disqualified for election to any seat not so reserved : Provided also that such division into constituencies shall be made in such manner that the ratio between the total population of all the Blocks in a district and the number of constituencies in the Zilla Parishad shall, so far as practicable, be the same in any Zilla Parishad : Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing issue an order making fresh determination of the number of members in a Zilla Parishad or fresh reservation on rotation of the number of constituencies in that Zilla Parishad and, on such order being issued by the State Election Commissioner, the determination of the number of members or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order shall not be varied for the next two successive general elections : Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf; (iii) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the district or any part thereof, not being Ministers; (iv) members of the Council of States not being Ministers, registered as electors within the area of any Block within the district.". ### 7. Amendment of section 143. - For sub-section (1) of section 143 of the principal Act, the following sub-section shall be substituted : "(1) Every Zilla Parishad shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhadhipati and another member to be the Sahakari Sabhadhipati of the Zilla Parishad : Provided that the members referred to in clauses (1) and (iii) and (iv) of sub-section (2) of section 140 shall neither participate in, nor be eligible for, such election : Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties : Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhadhipati and the Sahakari Sabhadhipati shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices in West Bengal as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in all the Blocks within West Bengal taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed : Provided also that the offices of the Sabhadhipati and the Sahakari Sabhadhipati in any Zilla Parishad having the Scheduled Castes, the Scheduled Tribes and the Backward Classes population, as the case may be, constituting not more than five per cent of the total population in the Blocks within the district, shall not be considered for allocation by rotation : Provided also that in the event of the number of Zilla Parishad area having the Scheduled Castes or the Scheduled Tribes or the Backward Classes population constituting more than five per cent of the total population, falling short of the number of offices of the Sabhadhipati and the Sahakari Sabhadhipati required for reservation in West Bengal the State Election Commissioner, may, by order, include, or the purpose of reservation, other such offices of the Sabhadhipati and the Sahakari Sabhadhipati beginning from the district having higher proportion of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, until the total number of seats required for reservation is obtained : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of offices of the Sabhadhipati and the Sahakari Sabhadhipati reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in West Bengal, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of offices of the Sabhadhipati and the Sahakari Sabhadhipati in West Bengal including the offices reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed : Provided also that determination of the offices of the Sabhadhipati within the State reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and women shall precede such determination for the offices of the Sahakari Sabhadhipati Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhadhipati in a Zilla Parishad is reserved for any category of persons in accordance with the rules in force, the office of the Sahakari Sabhadhipati in that Zilla Parishad shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhadhipati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhadhipati within the State in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force : Provided also that when in any term of election, an office of the Sahakari Sabhadhipati is not reserved on the ground that the corresponding office of the Sabhadhipati is reserved in the manner prescribed, such office of the Sahakari sabhadhipati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 39 of the West Bengal Panchayat (Amendment) Act, 1994 (West Bengal Act XVIII of 1994), and the roaster for reservation by rotation shall continue for every two successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes.and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the sabhadhipati or the Sahakari sabhadhipati, be disqualified for election to any office not so reserved : Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the sabhadhipati or the Sahakari sabhadhipati reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim : Provided also that the provisions for reservation of the offices of sabhadhipati and the Sahakari sabhadhipati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.''. ### 8. Amendment of section 185B. - For sub-section (3) of section 185B of the principal Act, the following sub-section shall be substituted :- (3) The Mahakuma Parishad shall consist of the following members, namely :- (i) Sabhapatis of the Panchayat Samitis within the sub-division, ex officio; (ii) such number of persons not exceeding three, as may be prescribed on the basis of the number of voters in each Block within the sub-division, the Block being divided by the prescribed authority for the purpose into constituencies in the prescribed manner, elected by secret ballot, at such time and in such manner as may be prescribed, from amongst the persons, whose names are included in the electoral roll prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election, pertaining to any Block within the area of Mahakuma Parishad, by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block : Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Mahakuma Parishad area and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Mahakuma Perished to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or the Backward Classes as the case may be, in that Mahakuma Perished area, bears to the total population of that Mahakuma Parishadarea and such seats shall be subject to allocation by rotation, in the manner prescribed to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population or the Backward Classes population as the case may be, in that Mahakuma Perished area, bears with the total population in that Mahakuma Parishad area : Provided further that as nearly as practicable one-half but not exceeding one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be : Provided also that as nearly as practicable one-half but not exceeding one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in the Mahakuma Perished shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed : Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section, when the number of members to be elected to the Mahakuma Parishad is determined, or when seats are reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in the Mahakuma Perished, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for two successive general elections : Provided also that no member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to the Mahakuma Perished be disqualified for election to any seat not so reserved : Provided also that such division into constituencies shall be made in such manner that the ratio between the population of all the Blocks in the Mahakuma Parishad and the number of constituencies in the Mahakuma Perished shall, so far as practicable, be the same as in any Zilia Parishad : Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing, issue an order making fresh determination, of the number of members in the Mahakuma Parishad or fresh reservation on rotation of the number of constituencies in the Mahakuma Perished and, on such order being issued by the State Election Commissioner, the determination of the number of members and the reservation of the number of constituencies shall not be varied for the next two successive general elections : Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf; (iii) member of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the sub-division or any part thereof (excluding the part comprised in the hill areas), not being Ministers; (iv) members of the Council of States, not being Ministers, registered as electors within the area of any Block in the sub-division (excluding the place comprised in the hill areas).".
65b90da3ab84c7eca86e83be
acts
State of Telangana - Act -------------------------- Telangana Special Protection Force Act, 1991 ---------------------------------------------- TELENGANA India Telangana Special Protection Force Act, 1991 ============================================== Act 25 of 1991 ---------------- * Published on 23 October 1991 * Commenced on 23 October 1991 Telangana Special Protection Force Act, 1991 (Act No. 25 of 1991 ) Last Updated 15th January, 2020 The Andhra Pradesh Special Protection Force Act, 1991 received the assent of the Governor on the 23rd October, 1991. 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.] Special Protection Force Act, 1991. (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 come into force on such date as the State Government may, by notification appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) 'armed force' means the Special Protection Force constituted under section 3; (b) 'autonomous body' means an institution wholly or partially run on the funds or grants of or controlled by the Government; (c) 'Director-General' means the Director General of the Force appointed under section 4; (d) 'enrolled members of the Force' means any subordinate officer, under officer or any other member of the Force of the rank not lower than that of an under officer; (e) 'establishment' means an office, guest house or such other institutions run by the Government; (f) 'Force custody' means the arrest or confinement of a member of the force in accordance with the rules made under this Act; (g) 'Government' means Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] ; (h) 'industrial undertaking' means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by law made by the Parliament or Legislature of the State; (i) 'industrial undertaking in public sector' means an industrial undertaking owned, controlled or managed by the Government and includes,- (i) a Government company as defined in section 617 of Now [the Companies Act, 1956] [see the provisions of the Companies Act, 2013 (Central Act No.18 of 2013).] (Central Act 1 of 1956 ); (ii) a Corporation established and is controlled by the Government; (j) 'Managing Director' in relation to an industrial undertaking, means the person, who exercises control over the affairs of that undertaking and includes a general manager, manager, chief executive officer or called by any other name; (k) 'Member of the Force' means a person appointed as such to the Force under this Act; (l) 'Prescribed' means prescribed by rules made under this Act; (m) 'scheduled industry' means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule to the Industries Development and Regulation Act, 1951(Central Act 65 of 1951); (n) 'State' means the State of 5Telangana; (o) 'strategic and vital installations' means all such vulnerable points or areas as specified by the Government from time to time, and declared essential for the maintenance of the life of the community and which require special protection against sabotage; (p) 'subordinate officer' means a person appointed to the force as an Inspector, a Sub-Inspector or an Assistant Sub-Inspector; (q) 'supervisory officer' means any of the officers appointed under section 4 and includes any other officer appointed by the Government as supervisory officer of the Force; (r) 'under officer' means a person appointed to the Force as a Head Constable, or Constable. ### 3. Constitution of the Force. (1) The Government shall, as soon as may be after the commencement of this Act, by notification constitute an armed force called, "The [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] Special Protection Force". (2) The Force shall consist of such number of supervisory officers, subordinate officers, under officers and other enrolled members and shall receive such pay and other remuneration as may be prescribed. (3) The Headquarters of the Force shall be at Hyderabad or at such other places as may be specified by the Government from time to time. ### 4. Appointment and powers of the Director-General and Supervisory Officers. (1) The Government may appoint a person to be the Director-General of the Force and may appoint other person to be Inspectors-General, Deputy Inspectors General, Commandants, Deputy Commandants and Assistant Commandants of the Force. (2) The Director-General and every other supervisory officer so appointed under sub-section (1) shall have and may exercise, such powers and perform such duties as may be prescribed. ### 5. Appointment of enrolled members of the Force. - The Director-General or such supervisory officer as may be authorised by the Government shall enroll members of the Force in the manner prescribed. ### 6. Certificates of members of the Force. - Every enrolled member under section 5 shall be granted, on his appointment, a certificate in the form prescribed under the seal of the Director-General or such other supervisory officer as the Director General may specify in this behalf, and the person holding such certificate shall exercise the powers of an enrolled member of the Force and perform such duties as may be prescribed. ### 7. Superintendence and administration of the Force. (1) The Director-General shall be the principal administrative officer of the Force subject to the overall control of the Government. He shall exercise such powers and perform such duties as may be prescribed. (2) Subject to the provisions of the sub-section (1) the administration of the Force within such local limits as may be prescribed shall be carried on by the Inspector-General, Deputy Inspector General, Commandant, Deputy Commandant or Assistant Commandant in accordance with the provisions of this Act and any rules made thereunder and every supervisory officer placed in charge of the protection and security of Government Treasuries, Institutions, autonomous bodies, industrial under-takings assets owned and controlled by the State and Central Governments and strategic and vital installations in the State shall function on such terms and conditions as may be prescribed and shall subject to any direction that may be given by the Government or the Director-General in this behalf, discharge his functions under the general supervision, direction and control of the authority in charge of the institutions, autonomous bodies or strategic and vital installations and managing directors of industrial undertakings. ### 8. Duties of members of Force. - It shall be the duty of every officer and member of the Force:- (i) to obey and execute all orders lawfully issued to him by his superior authority; (ii) to protect and safeguard the Government Treasuries, institutions, autonomous bodies, industrial undertakings and assets owned and controlled by the State Government or strategic and vital installations under their control; (iii) to protect and safeguard such other industrial undertakings and installations for the protection and security of which he is deputed under section 9; (iv) to protect and safeguard the employees of the Industrial Undertakings and installations referred to in clauses (ii) and (iii); (v) to do any other act conductive to the protection and security of the institutions, autonomous, bodies, industrial undertakings and assets or strategic and vital installations referred to in clauses (ii) and (iii) and the employees referred to in clause (iv). ### 9. Deputation of the Force. - Subject to any general direction of the Government and the recovery of charges of the force on such terms and conditions as may be prescribed under clause (j) of sub¬section (2) of section 21 of the Act, it shall be lawful for the Director-General on a request received in this behalf from the authority in charge of the establishments, institutions, autonomous bodies, industrial undertakings and assets, or strategic vital installations, which are not owned or controlled by the State Government or which are financed, owned or controlled by the Central Government, showing the necessity thereof, to depute such number of the members of the Force as the Director-General may consider necessary for the protection and security thereof and any installations attached thereto and the members of the Force so deputed shall be at the charge of such officer or authority as directed by the Director-General or any other officer on his behalf: Provided that in the case of an establishment, institution, autonomous body, undertaking, strategic or vital installations controlled or managed,- (a) by a Government Company in which the Government is not having interest, no such request shall be entertained unless it is made with the consent of the Director-General or with the approval of the Government; (b) if the Director-General is of the opinion that the circumstances necessitating the deputation of the members of the Force in relation to an institution, autonomous body, an industrial undertaking and assets or strategic and vital installations under sub-clause (a) have ceased to exist, he may withdraw the members of the Force so deputed without assigning any reason thereof; (c) every member of the Force while discharging his functions during the period of deputation shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this Act, if he had been discharging those duties in relation to an establishment, an institution, an autonomous body, an industrial undertaking and assets or strategic and vital installations of State Government. ### 10. Power to arrest without warrant. (1) Any member of Force, may without any order from a Magistrate and without a warrant arrest:- (i) any person, who voluntarily causes hurt to or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault or uses or threatens or attempts to use criminal force to any employee, referred to in clause (iv) of section 8, or to him or any other member of the Force in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, or with intent to prevent or to deter him from discharging his duty as such member or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member; (ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing, a cognizable offence which relates to property belonging to, or in the premises of, any establishment, institution, autonomous body, industrial undertaking and assets or any strategic and vital installations referred to in clauses (ii) and (iii) of section 8, or relates to other installations, or to property in the premises of the other installations, referred to in these clauses or the establishments, institutions, autonomous bodies, industrial undertakings and assets or strategic vital installations for the protection of which he is deputed under section 9; (iii) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve danger, to the life of any person engaged in carrying on any work relating to any establishment, institution, autonomous body, undertaking, or installations referred to in clauses (ii) of this sub-section. (2) If any person is found trespassing on the premises of any industrial undertaking referred to in clause (ii) of sub-section (1), he may, without prejudice to any other proceedings which may be taken against him, be removed from such premises by any member of the Force. ### 11. Power to search without warrant. (1) Whenever any member of the Force, has reason to believe that any such offence as is referred to in section 10 has been or is being committed and that, a search warrant cannot be obtained without affording the offender an opportunity of escaping or concealing evidence of the offence, he may detain the offender and search his person, belongings and premises forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. (2) The provisions of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) relating to searches under that Code shall, so far as may be apply to searches under this section. ### 12. Procedure to be followed after arrest. - Any member of the Force making an arrest under this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest. ### 13. Protection of action done in good faith. - No suit or prosecution shall be entertained in any Court against the Force or against any officer or member of the Force or against any person acting under the order or direction of the Force or any officer or member of the Force for anything which is in good faith done or intended to be done under this Act or any rules made thereunder. ### 14. Cognizance of offence. - No court shall take cognizance of an offence against any member of the Force with regard to any act done by him while discharging or purporting to act in the discharge of his duty except with the prior sanction of the Government. ### 15. Members of the Force to be considered always on duty and liable to be employed anywhere in the State and outside also. (1) Every member of the Force shall be considered to be always on duty and shall, at any time, be liable to be employed at any place within the State of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] and outside also. (2) No member of the Force shall engage himself in any employment or office other than his duties under this Act. (3) A member of the Force shall not by reason of his suspension from his office cease to be a member of the Force, and he shall during that period be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty. ### 16. Punishments and appeals. (1) Subject to the provisions of Article 311, the Director-General of the Force may appoint any of the supervisory officers to impose such penalties after conducting enquiries in accordance with the provisions of the [Telangana] [Now see the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991.] Civil Services (Classification, Control and Appeal) Rules, 1963 and non-appealable penalties by way of summary disposal in the manner prescribed. Explanation - For the purpose of this section,- (a) punishments classified as non-appealable shall consists of,- ### 1. Fatigue duty; ### 2. Extra Drill; and ### 3. Confinement to barracks for seven days; and (b) Punishments which are classified as appealable shall consist of,- ### 1. Censure. ### 2. Fine. ### 3. Withholding of increment or promotion. ### 4. Reduction in Rank. ### 5. Recovery from pay. ### 6. Compulsory retirement. ### 7. Now see the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991. ### 7. Removal from service. ### 8. Dismissal from service; and ### 9. Suspension: Provided that in respect of class (b) of punishments an appeal shall lie within thirty days from the date of the communication of the order to such appellate authority as may be prescribed. ### 17. Restrictions respecting rights to form Association. (1) No member of the Force, shall, without the previous sanction in writing of the Government or of the prescribed authority,- (a) be a member of, or be associated in any way with, any trade union, labour union, political party or with any class of trade unions, labour unions or political parties; or (b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature; or Explanation - If any question arises as to whether any society, institution, association or organisation is of purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Government thereon shall be final. (2) No member of the Force shall participate in or address, any meeting or take part in any demonstration organized by anybody of persons for any political purpose or for such other purposes as may be prescribed. ### 18. Surrender of certificate, arms etc., by persons ceasing to be members of the Force. (1) Every person who for any reason ceases to be an enrolled member of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as an enrolled member of the Force. (2) Any person who wilfully neglects or refuses to surrender the articles as required by sub-section (1) shall be liable for forfeiture of financial benefits and prosecution under the Law. (3) Nothing in this connection shall be deemed to apply to any article which, under the orders of the Director-General, has become the property of the person to whom the same was furnished. ### 19. Application of Act, 1922 to the members of the Force. - The police (Incitement to Disaffection) Act, 1922 shall apply to member of the Force as it applies to members of a police Force. ### 20. Certain Acts not to apply to members of the Force. - Nothing contained in the Payment of Wages Act, 1936, or the Industrial Disputes Act, 1947, or the Factories Act, 1948, except the provisions relating to health and safety or any corresponding law relating to investigation and settlement of industrial disputes in force in the State shall apply to members of the Force. ### 21. Power to make Rules. (1) The Government shall, in addition to the rule making powers conferred on them by any other provisions of this Act, have power to make rules generally to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for,- (a) regulating the classes, ranks, grades, pay and remuneration of members of the Force and their conditions of service in the Force; (b) regulating the powers and duties of members of the Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for members of the Force; (d) prescribing the description and quantity of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force; (e) prescribing the places of residence of members of the Force; (f) institution, management and regulation of any fund for any purpose connected with the administration of the Force; (g) regulating the punishments and prescribing authorities to whom appeals may be preferred from orders of punishment, or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals; (h) regulating matters with respect of force custody under this Act including the procedure to be followed for taking persons into custody; (i) regulating matters with respect to disposal of cases relating to offences under this Act and specifying places in which persons convicted under this Act may be confined; (j) the terms and conditions subject to which members to the Force may be deputed under section 9 and the charges thereof. (3) 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 expiration 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.
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State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Water Resources Regulatory Commission Act, 2009 ---------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Water Resources Regulatory Commission Act, 2009 ================================================================ Act 15 of 2009 ---------------- * Published on 8 September 2009 * Commenced on 8 September 2009 Andhra Pradesh Water Resources Regulatory Commission Act, 2009 (Act No. 15 of 2009 ) Last Updated 19th August, 2019 Statement of Objects and Reasons. - Water being one of the essential resources for all sections of people for drinking and other purposes, besides all sectors of the State like agriculture, animal husbandry, industry, mining, energy etc., ensuring its optimal and sustainable utilization, by effective and efficient management with the available resources has been engaging the attention of the Government of late, and enhanced water use efficiency has been considered as a guiding principle for the water sector governance. It has accordingly been decided to have a Water Resources Regulatory commission established in the State, to make recommendations to the Water Management Committee on various issues like promoting efficient use of water resources, minimizing the wastage of water, fixing reasonable use criteria for each category, duly taking into consideration the frame work of the State Water Policy and according to the frame work of existing water resources related legislations in the State. This Bill seeks to give effect to the above decision. Received the assent of the Governor on the 8th September, 2009 and the said assent is hereby first published on the 9th September, 2009 in the Andhra Pradesh Gazette for general information: An Act to provide for the Establishment of the Andhra Pradesh Water Resources Regulatory Commission for Regulation of Water Resources within the State of Andhra Pradesh, Facilitate Effective Utilization of Water Resources within the State to Ensure its Sustainable and Scientific Management for Drinking, Agriculture, Industrial and other Purposes and Matters Connected therewith or Incidental thereto. Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixtieth year of the Republic of India as follows: Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Andhra Pradesh Water Resources Regulatory Commission Act, 2009. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint. ### 2. Definitions. (1) In this Act, unless the context otherwise requires: (a) "Category of Use" means use of water for different purposes such as for domestic, agricultural irrigation, agro-based industries, industrial or commercial, environmental, etc., and includes such other purposes as may be prescribed; (b) "Chairperson" means the Chairperson of the Commission; (c) "Commission" means the Andhra Pradesh Water Resources Regulatory Commission established under Section 3; (d) "Government" or "State Government" means the Government of Andhra Pradesh; (e) "Irrigation Project" means a project constructed to provide irrigation facilities to the land situated in the command area in accordance with the project reports and orders issued in this regard, as revised from time to time; (f) "Member" means a Member of the Commission and includes the Chairperson; (g) "Notification" means a notification published in the Andhra Pradesh Gazette and the word notified shall be construed accordingly; (h) "Prescribed" means prescribed by rules made under this Act; (i) "Selection Committee" means a Selection Committee constituted under Section 5; (j) "State" means the State of Andhra Pradesh; (k) "Water Users' Association" means a Water Users' Association formed at the minor level or above, under the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997; (l) "Water Users Association, or "Distributary Committee" or "Project Committee" means the Committees constituted under the Andhra Pradesh Farmers Management of Irrigation Systems, Act, 1997 (A.P.Act No. 11 of 1997). (2) Words and expressions used and not defined in this Act but defined in various irrigation or water resources related Acts in the State shall have the meanings respectively assigned to them in those Acts. Chapter II Andhra Pradesh Water Resources Regulatory Commission -------------------------------------------------------------------- ### 3. Establishment and Incorporation of Commission. (1) The Government shall within three months from the date of the Commencement of this Act, by notification, establish a Commission to be known as Andhra Pradesh Water Resources Regulatory Commission to perform the functions and duties assigned to it. (2) The Commission established under subsection (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act, and may sue or be sued by its corporate name. (3) The Commission shall consist of a Chairperson and two other members. (4) The Head office of the Commission shall be at Hyderabad. (5) The Chairperson and the other Members of the Commission shall be appointed by the Governor of Andhra Pradesh on the recommendation of the Selection Committee constituted under section 5. ### 4. Qualifications for appointment and the manner of selection of members. (1) The Chairperson and the Members of the Commission shall be appointed as follows: (a) The Chairperson shall be a person who is or who was of the rank of Chief Secretary of the State or equivalent thereto or a person of eminence in the field of water resources management with proven track record. (b) One Member shall be expert from the field of water resources engineering. (c) One Member shall be expert from the field of water resources economy. (2) Special invitees as and when required by the Commission :The Commission may as and when needed and decided by them invite special invitees from,- (a) experts who are having adequate knowledge, experience or proved capacity in dealing with the problems relating to engineering, agriculture, drinking water, industry, law, economics, commerce, finance or management for assisting the Commission in taking policy decisions. (b) Members from farmers Organisations with in the State. (3) The Chairperson and other Members of the Commission shall not hold any other office of profit. ### 5. Constitution and functions of Selection Committee. (1) The Government shall, by notification, for the purposes of selection of the Chairperson, and other Members of the Commission, constitute a Selection Committee consisting of: (a) The Chief Secretary of the State - Ex-officio Chairperson. (b) Special Chief Secretary/Principal Secretary/Secretary to Government of the following departments shall be the Ex-Officio Members, - (i) Finance (ii) Planning (iii) Irrigation and Command Area Development - Convener (2) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or Member of the Commission, and six months before the superannuation or end of tenure of Chairperson or any Member, make a reference to the Selection Committee for selection. (3) The Selection Committee shall finalize the selection of the Chairperson and Members within one month from the date on which the reference is made to it. (4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. (5) Before recommending any person for appointment as the Chairperson or Member of the Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect pre-judicially his functions as a Member. (6) No appointment of the Chairperson and Members of the Commission shall be invalid merely by reason of any vacancy in the Selection Committee. ### 6. Term of office of members. (1) The Chairperson and Members of the Commission shall hold office for a period of five years or till attaining the age of 65 years, which ever is earlier. (2) The Chairperson and the Members of the Commission shall not be eligible for second term appointment. ### 7. Salaries and allowances of members. (1) The Chairperson and Members of the Commission shall be paid such fees or salaries and such allowances as may be prescribed by the Government. (2) The salary and allowances and other conditions of service of the Chairperson and Members of the Commission shall not be varied to their disadvantage after appointment. ### 8. Conditions of service. (1) Notwithstanding anything contained in Section 6, the Chairperson and Members of the Commission may: (a) relinquish the office by giving in writing to the Government, notice of not less than three months; or (b) be disqualified from his office in accordance with the provisions of Sections 9 and 10. (2) The Chairperson and Members of the Commission ceasing to hold office as such shall: (a) not be eligible for further employment under the Government for a period of two years from the date the person ceases to hold such office: (b) not accept any commercial employment for a period of two years from the date the person ceases to hold such office. Explanation. - For the purposes of this subsection: (i) "Employment under the Government" includes, employment under any local or other authority within the territory of Andhra Pradesh or under the control of the Government or under any corporation or society owned or controlled by the Government. (ii) "Commercial Employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in the water Resources Sector and also includes a director of a company or partner of a firm and also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant. ### 9. Disqualifications for being a member of the Commission. (1) A person shall be disqualified for being appointed as, or for being, a Chairperson and Members of the Commission: (a) if the person is of unsound mind or has become physically incapable of performing his duties. (b) if the person is an un-discharged in solvent, (c) if the person has been convicted of an offence involving moral turpitude, (d) if the person has such financial or other interest as is likely to affect pre-judicially his functions as a Member of the Commission, (e) if it is proved beyond reasonable doubt that the person has so abused his position as to render his continuance in office prejudicial to the public interest. (f) if he acts prejudicial to the public interest and Government directions. (2) Subject to the provisions of sub-section (1), the Chairperson and Members of the Commission shall be removed from office by order of the Government on the ground of proved misbehavior in an enquiry held in accordance with the procedure as may be prescribed. (3) The Government may, during the period of in quiry as specified in sub-section (2), suspend the Chairperson and Members of the Commission. ### 10. Conflict of interest to disqualify members. - Before appointing a person to be the Chairperson and Member of the Commission, the Government shall satisfy itself that the person will have no such financial or other interest as is likely to affect pre-judicially his functions as a Chairperson and member of the Commission. ### 11. Power of Government to depute Officers and employees to Commission and their service conditions. (1) The Commission may, with the prior approval of the Government, appoint a Secretary and such number of officers and employees as it considers necessary either on contract or on deputation for the performance of its duties and functions. (2) The Commission may engage consultants as and when required to assist the Commission in the discharge of its functions. ### 12. Proceedings of Commission. (1) The Commission shall meet at the head office or at any place and at such time as the Chairperson may direct. (2) Two out of three members including the Chairperson shall constitute the Quorum for the meetings of the Commission. (3) If the Chairperson is unable to attend a meeting of the Commission, any other Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present among themselves shall preside at the meeting. (4) All decisions of the Commission shall be on the basis of majority of the Members present and voting. (5) In case of difference in opinion of any two members on any issue or resolution, the full Commission shall decide the matter on a majority basis: Provided that for a meeting of the Commission to review any previous decision taken by the Commission, the quorum shall be that all members shall be present. (6) Commission for any specific purpose may invite special invitee depending up on the need to give expert opinions to the Commission. However, the special invitees shall not have any voting right. (7) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Chairperson in this behalf. ### 13. Vacancies, etc., not to invalidate act or proceedings. (1) No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in the Commission. (2) In case of difference of opinion between the Chairperson and the Member, the view of the Chairperson shall prevail. Chapter III Power, Functions and Duties of the Commission -------------------------------------------------------------- ### 14. Powers, functions and duties of the Commission. - The powers, functions and duties of the Commission shall be as under: (1) (a) To determine the water requirement for various categories of users (such as irrigation, municipal/rural drinking water/industry etc.) on a yearly/ season basis. (b) To determine the requirement of irrigation water for the various levels of Farmers Organizations (namely, Project Committee, Distributory Committee and Water User Association) based on the cropping pattern approved by the project authorities on a yearly/season basis and implement the same. (2) (a) To determine the adequate operation and maintenance (O&M) cost of irrigation/multipurpose water projects, (b) The State shall ensure provisions for full operation and maintenance requirements of such projects as determined by the Commission, through an appropriate budgetary support, to ensure that the quality of the service delivery is not allowed to suffer for want of systems Operation and Maintenance needs. (3) To promote efficient management of irrigation water: (a) Providing Guidelines/Procedures/ modalities for plough back of operation and maintenance amount to the farmers organizations for the operation and maintenance of the irrigation systems as well as standards of services, (b) Monitoring the technical standards for operation and maintenance, cyclical repairs and minimum rehabilitation of irrigation system, (c) Ensure that the principle of "tail to head" irrigation is implemented by the project authorities. (4) To promote efficient use of water resources and minimizing wastage of water by: (a) Fixing and monitoring implementation of stipulated quality standards for management of water resources by various water users/ departments and recommend actions against violations. (b) Fixing and monitoring implementation of stipulated quality standards for the services to be provided by various water resources service providers and recommend actions against violations, (c) Fixing and monitoring implementation of stipulated quality standards for disposal of waste water by various water users and recommend actions against violations, (d) Fixing and monitoring implementation of stipulated standards for protection of all water resources in the State including pollution, (e) Supporting and aiding enhancement and preservation of water quality within the State in close coordination with the relevant State Agencies and in doing so following the principle that "the person who pollutes shall pay". (5) To ensure publication of an annual report containing following information by project authorities: (a) Irrigation status containing all statistical data relating to irrigation including details of the project wise irrigation potential and its actual utilization, water user efficiency and productivity relating to the projects. (b) Benchmarking of irrigation/ multipurpose water projects to identify projects with best management practices for emulation by other projects. (c) Water Audit or Irrigation/ multipurpose water projects giving a systematic and scientific water account of the projects. (6) (a) The Commission shall devise a suitable mechanism for financial incentives/disincentives to the farmer's organizations and other water users for ensuring delivery of services to their members as per the determination. (b) The Commission shall in case of non-compliance of the specific directions in discharge of the powers under this Act, recommend to the Government suitable disciplinary action against such Government officials. (7) To perform any other powers, functions and duties as assigned to the commission by the State Government by notification. ### 15. General policies of the Commission. - The Commission shall work according to the framework of the State Water Policy and other existing laws of the state. Chapter IV Accounts, Audit and Reports ------------------------------------------- ### 16. Grants and advances to Commission. - The Government may, after appropriation duly made by the State Legislature, by law in this behalf, make such grants and advances to the Commission as it may deem necessary for the performance of its functions and discharge of its duties under this Act; and all grants and advances made shall be on such terms and conditions as the State Government may determine. ### 17. Budget of Commission. - The Commission shall prepare in such form and at such time in each financial year as may be prescribed, its budget for the next financial year and forward it to the Government. ### 18. Accounts of Commission. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General. (2) The Accounts of the Commission shall be audited by the Accountant General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General. (3) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Accountant General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission, as certified by the Accountant General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Government by the Commission and the Government shall cause the audit report to be laid, within a period of six months from the date of its receipt, before the State Legislature. ### 19. Annual Reports of Commission. (1) The Commission shall prepare once in every year in such form, and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be sent to the Government. (2) A copy of the report received under subsection (1) shall be laid, within six months, after it is received, before the State Legislature. Chapter V Miscellaneous ---------------------------- ### 20. General Powers of the State Government. - The Government shall have the power to issue policy directions to the Commission on matters concerning water in the State including the overall planning and co-ordination. ### 21. Members, officers and other staff of commission to be public servants (Central Act 45 of 1860). - The Chairperson, members, officers and other employees of the Commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made there under, to be the public servants within the meaning of Section 21 of the Indian Penal Code. ### 22. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Government or the Commission and officer of Government or any Members, officer or other employees of the Commission for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or rules or regulations made there under. ### 23. 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 the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. ### 24. Dispute Resolution Mechanism. (1) The Government by an order issued in its behalf authorize any competent officer or officers for each project as Primary Dispute Resolution Officer to resolve the disputes with regard to the issuance or delivery of determined water under the Act. (2) The Primary Dispute Resolution Officer shall follow such procedure as may be prescribed while hearing the disputes. ### 25. Powers of Commission to make regulations. - The Commission with the prior approval of the State Government may make regulations for discharging its duties consistent with this Act and the rules made thereunder.
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State of Gujarat - Act ------------------------ Ahmedabad City Courts (Amendment) Act, 1964 --------------------------------------------- GUJARAT India Ahmedabad City Courts (Amendment) Act, 1964 ============================================= Act 21 of 1964 ---------------- * Published on 6 May 1961 * Not commenced An Act to amend the Ahmedabad City Courts Act, 1961. It is hereby enacted in the Fifteenth Year of the Republic of India at follows.- \* (Received the assent of the President on 6th May, 1961 and published in the "Gujarat Government Gazette" on the 9th June 1964) ### 1. Short title.- This Act may be called the Ahmedabad City Courts (Amendment) Act, 1964. ### 2. Amendment of section 12 of Guj. XIX of 1961.- In section 12 of the Ahmedabad City Courts Act, 1961 (Guj. XIX of 1961), for the words "or the Judge of that Court as the case may be" the words "or the Judge of that Court, or when that Court consists of more than one Judge the Principal Judge of that Court, as the case may be," shall be and shall be deemed always to have been substituted.
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State of Goa - Act -------------------- The Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969 --------------------------------------------------------------------------------- GOA India The Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969 ================================================================================= Rule THE-GOA-DAMAN-AND-DIU-LAND-REVENUE-BOUNDARIES-AND-BOUNDARY-MARKS-RULES-1969 of 1969 ------------------------------------------------------------------------------------------ * Published on 16 February 1971 * Commenced on 16 February 1971 The Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969 Published vide Notification No. RD/LRC/245/69-71/1, dated 16th February, 1971 RD/LRC/245/69-71/I. - In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules : ### 1. Short title and commencement. (1) These rules may be called the Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969. (2) They shall come into force at once. ### 2. Definitions. - In these rules- (a) "Chavdi" means, a local village panchayat office or other convenient and centrally located public place as the Collector may direct; (b) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968; (c) "Director" means a Director of Settlement and Land Records; (d) "Form" means a form appended to these rules; (e) "Inspector" means the Inspector of Surveys and Land Records; (f) "Section" means a section of the Code. ### 3. Authorized boundary marks and survey marks. - The following boundary marks and survey marks are authorized:- (A) Boundary Marks:- Continuous marks:- (1) Walls, (2) Permanent fences, (3) Bunds dressed with stones with at least 0.50 meter height. Discontinuous marks:- (4) Regular stones or cement pillars of 80 centimetres height, 22 centimetres length and 22 centimetres breadth for survey number boundary and of 50 centimetres height, 15 centimetres length and 15 centimetres breadth for sub-division boundary. (5) Clear and distinct marking on permanent marks, if any, existing along the boundary line inscribing therein the letters "RA". (6) Any other marks that may be prescribed by the Director to meet the requirement of any area specified by him in this behalf: Provided that, the Collector may permit the holders of land to substitute for one kind of mark any other authorized mark within such limits as the Director may, by any general or special order, define in that behalf. (B) Survey Marks:- (1) For purpose of minor triangulation survey, cement blocks of the size 50 centimetres height, 25 centimetres by 25 centimetres bottom and 12 centimetres by 12 centimetres top with a triangle and a point inscribed at the centre of the top of the cement block, or any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf. (2) For the auxiliary triangulation survey,- (a) Galvanized iron hollow pipe of the size 38 centimetres height and 5 centimetres diameter buried in the centre of a cement concrete square foundation of the size 30 centimetres length, 30 centimetres breadth and 10 centimetres height; or (b) a hole 30 centimetres deep and 10 centimetres diameter made on a permanent mark; or (c) any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf. ### 4. Maintenance of continuous boundary marks. - The walls, permanent fences and bunds dressed with stones shall be maintained and kept in good repair. ### 5. Maintenance of discontinuous marks. (1) Where the length of the boundary between the corners of a survey number is 250 metres or less no discontinuous mark should be raised in the interval, but in case there are bends, a stone should be fixed at each bend. (2) Where the line of boundary between the corners of a survey number is more than 250 metres but not more than 500 metres in length, one discontinuous mark should be raised midway between the corners, and stones should be fixed at all intermediate bends if any. It is not, however, necessary to place the intermediate mark exactly half way between the corners. (3) Where the line of boundary between the corners of a survey number is more than 500 metres in length an intermediate mark should be raised at approximately every 200 metres interval. ### 6. Determination of responsibility for maintenance of boundary marks. (1) The responsibility of the several land holders for the maintenance of boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest: Provided that, the Collector may declare two or more holders jointly responsible for the maintenance of boundary marks or make distribution as appears equitable or may recognize the existing customary distribution. His decision shall be recorded in the survey papers: Provided further that, where any survey number is, unoccupied or assigned for public or Government purposes, the responsibility for repair of the marks on its periphery shall lie on the landholder on the other side of the boundary except that where the marks in disrepair lie between survey numbers each of which has no holder except the Government, repairs shall be made at Government expense; and in such cases the Talathi shall be responsible for their maintenance. (2) Within each survey number, the holder or holders of each sub-division are responsible for the marks, if any have been prescribed on the periphery of that sub-division to the same extent as the holder or holders of survey numbers are responsible under sub-rule (1). (3) A mark which is on the common boundary of two or more villages shall be repaired by the holders of the land in the village which is under restoration when the marks are found out of repair. ### 7. What boundary marks to be considered out of repair and how to be repaired. - The following boundary marks shall be considered out of repair and shall be repaired in the manner prescribed for each kind, as follows, namely:- (1) A continuous mark (walls, permanent fences or bunds dressed with stones) if broken down, disturbed or removed or height of the bund is less than 0.50 metre. Mode of repairs: It shall be either rebuilt or replaced or the height of the bund is raised to 0.50 metre throughout, or supplemented by discontinuous marks. (2) A discontinuous mark (regular stones or cement pillars and clear and distinct marking on permanent marks or any other marks prescribed by the Director) if broken down, disturbed or removed or overgrown or surrounded by vegetation of any kind so as not to be easily visible. Mode of repairs: A stone or cement pillar of prescribed size or marks prescribed by Director shall be substituted at the proper place and the vegetation shall be cleared away until the mark is easily visible: Provided that, in any case, where a boundary mark cannot, owing to flooding of a nala, or river, the breaking away of the bank or other causes, be kept in repair, another kind of authorized mark may be substituted. Where even that is impracticable, the direction of the boundary must be fixed by a pair of discontinuous marks erected at an adequate distance back from the abandoned position, either both on the same side, or one on each opposite side thereof. ### 8. What survey marks to be considered out of repair and how to be repaired. - The following survey marks shall be considered to be out of repair and shall be repaired in the manner prescribed for each kind as follows:- (1) Any cement block less than such size as may from time to time be prescribed by the Director. Mode of repairs: A cement block of proper size shall be substituted. (2) Any cement block, out of the ground or displaced from its correct position or buried less than two thirds of its length and loose. Mode of repairs: The cement block shall be replaced or fixed firmly at its correct place. ### 9. Demarcation of boundary marks on application. (1) If the holder of or any person interested in, a survey number or a sub-division wishes to have it demarcated and boundary marks constructed thereon, he may apply in writing to the Director. (2) The application shall be accompanied by fees according to the scale prescribed from time to time in that behalf by the Director. (3) On receipt of the application, the Director shall cause the survey number or sub-division to be measured by the Inspector, and get the boundary marks fixed thereon in accordance with the provisions of these rules, on the basis of measurements noted in the land records. (4) The cost of materials and labour incurred for fixation of boundary marks shall be paid by the holder of the survey number or sub-divisions. ### 10. Survey officers to furnish details of boundary marks to Collector. - On the introduction of a survey settlement or survey for the record of rights or of final town planning scheme or improvement scheme or a scheme for the consolidation of holdings under the provisions of the Code or of any law for the time being in force in the Union territory of Goa, Daman and Diu the Inspector shall furnish to the Collector a map, scheme and statements showing the position and description of the boundary marks erected or laid down by or under the orders of the Director. It shall be the duty of the Inspector to amend these maps in accordance with any subsequent alteration of boundaries in a revision survey or any other authorised occasion. ### 11. Programme for repairs of boundary marks and survey marks. (1) A quinquennial programme for the repairs of the boundary marks and survey marks shall be fixed sufficiently in advance by the Collector, who shall send copies of the programme to the Director. In selecting the villages for the programme, the Collector shall select them by Circles so that each Revenue Inspector will have to be 8 to 10 villages or such number as the Collector may determine in his charge for this work, every year. (2) In villages where boundary marks are due for repairs in accordance with the programme fixed under sub-rule (1), a general notice shall be given by the Mamlatdar not later than 1st November, stating that, the boundary marks and survey marks are due for repairs, intimating what the authorised marks are and asking the holders to take necessary steps to complete the repairs by 30th November next following. The notice shall be pasted in the Chavdi and published by beat of drum. (3) Between 1st December and 31st December, the Revenue Inspector accompanied by the Talathi and as many holders as possible, shall jointly inspect every boundary or survey mark in each survey number in the village and shall prepare a list of defective or missing marks. The Talathis shall thereafter issue individual notices to the holders concerned in Form A, requiring them to carry out the repairs within a period of one month from the date of notice, failing which the repairs would be carried out by Government at the cost of the holders. (4) After 31st December, the Talathi shall proceed to check about the repairs to the marks actually carried out by the holders as required by the notice under sub-rule (3); and shall strike off from the list of defective and missing marks, all the marks which are duly repaired or constructed. Not later than 1st February, the Talathi shall submit to the Revenue Inspector an amended list of marks which are still to be repaired or constructed, and simultaneously give a notice to the holders of survey numbers of sub-divisions included in the amended list asking them to select a contractor to repair or reconstruct the marks within ten days of the notice. If a contractor is selected, the Talathi shall get the work completed before the 31st March next following. (5) If no Contractor is selected by the holders, the Talathi shall send a report to the Mamlatdar through the Revenue Inspector before the 31st January for taking requisite orders. On receipt of such a report, the Mamlatdar may, after such enquiry as he may consider necessary, order the Talathi to have the marks repaired or constructed either by hired labour or through a contractor to be appointed by the Mamlatdar so as to complete the work before 31st March and recover the cost from the holders concerned. Form 'A' (See rule 14) Notice requiring Holders of Land to repair Boundary Marks/Survey Marks From, The Talathi of village .............................................................................Taluka ........................................................... To, ...................................................................... Whereas the boundary marks/survey marks of your holding detailed below, are defective, you are hereby directed to put them into proper repairs within a period of one month from the date of this notice, failing which the repairs would be carried out by the Government at your cost:- | | | | --- | --- | | Survey No. | Details of defectiveor missing boundary/survey marks | | (1) | (2) | Date ............................ 19 Talathi.
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Union of India - Act ---------------------- Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 ----------------------------------------------------------------------- UNION OF INDIA India Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 ======================================================================= Rule FOREIGN-EXCHANGE-MANAGEMENT-BORROWING-AND-LENDING-REGULATIONS-2018 of 2018 --------------------------------------------------------------------------------- * Published on 17 December 2018 * Commenced on 17 December 2018 Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 Published vide Notification No. G.S.R. 1213(E) , dated 17.12.2018 Reserve Bank of India (Foreign Exchange Department) (Central Office) No. FEMA 3(R) /2018-RB G.S.R. 1213(E) . - In exercise of the powers conferred by clauses (a), (d) and (e) of Sub-Section (3) of Section 6, sub- section (2) of Section 47 of the Foreign Exchange Management Act, 1999 ( 42 of 1999 ) and in supersession of Notification No. FEMA. 3/2000-RB dated May 3, 2000, as amended from time to time, Notification No. FEMA. 4/2000- RB dated May 3, 2000, as amended from time to time and Regulation 21 of Notification No. FEMA. 120/RB-2004 dated July 7, 2004 as amended from time to time, the Reserve Bank makes the following regulations for borrowing and lending between a person resident in India and a person resident outside India, namely: ### 1. Short Title and Commencement. - (i) These Regulations may be called the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018. (ii) They shall come into force from the date of their publication in the Official Gazette. ### 2. Definitions. - In these regulations, unless the context otherwise requires - (i) "Act" means the Foreign Exchange Management Act, 1999 ( 42 of 1999 ); (ii) "Authorised Dealer (AD)" means a person authorised as an Authorised Dealer under sub-section (1) of section 10 of the Act; (iii) "EEFC Account", "RFC Account" shall have the same meaning as assigned to them respectively in the Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) Regulations, 2015, as amended from time to time; (iv) "External Commercial Borrowings (ECB)" means borrowing by an eligible resident entity from outside India in accordance with framework decided by the Reserve Bank in consultation with the Government of India; (v) "External Commercial Lending (ECL)" means lending by a person resident in India to a borrower outside India in accordance with framework decided by the Reserve Bank in consultation with the Government of India (vi) "Foreign Exchange" shall have the same meaning assigned to it in the Act; (vii) "Foreign branches/subsidiaries of the Indian banks" means entities established overseas in terms of provisions contained in the Banking Regulation Act, 1949, as amended from time to time; (viii) 'Authorised Bank', 'Non-resident Indian (NRI)', 'FCNR (B) Account', 'NRO Account', and 'NRE Account' shall have the same meanings as assigned to them respectively in the Foreign Exchange Management (Deposit) Regulations, 2016, as amended from time to time; (ix) "Housing Finance Institution" and "National Housing Bank" shall have the same meaning as assigned to them in the National Housing Bank Act, 1987, as amended from time to time; (x) "Indian Entity" means a company incorporated in India under the Companies Act, 2013, as amended from time to time, or a Limited Liability Partnership formed and registered in India under the Limited Liability Partnership Act, 2008, as amended from time to time; (xi) "Overseas Citizen of India (OCI)" Cardholder shall have the same meaning as assigned to it under Section 7(A) of the Citizenship Act, 1955, as amended from time to time; (xii) "Real Estate Activity" means any activity involving own or leased property for buying, selling and renting of commercial and residential properties or land and also includes activities either on a fee or contract basis assigning real estate agents for intermediating in buying, selling, letting or managing real estate. However, this would not include development of integrated township, purchase/ long term leasing of industrial land as part of new project/modernisation or expansion of existing units or any activity under 'infrastructure sub-sectors' as given in the Harmonised Master List of Infrastructure sub-sectors approved by the Government of India vide Notification F. No. 13/06/2009-INF, as amended/ updated from time to time; (xiii) "Relative" shall have the same meaning as assigned to it in the Companies Act, 2013, as amended from time to time; (xiv) "Restricted End Uses" shall mean end uses where borrowed funds cannot be deployed and shall include the following: (a) In the business of chit fund or Nidhi Company; (b) Investment in capital market including margin trading and derivatives; (c) Agricultural or plantation activities; (d) Real estate activity or construction of farm houses; and (e) Trading in Transferrable Development Rights (TDR), where TDR shall have the meaning as assigned to it in the Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2015. (xv) "Schedule" means the Schedule to these Regulations; (xvi) "Start-up" means an entity which complies with the conditions laid down in Notification No. G.S.R 180(E) dated February 17, 2016, as amended/ updated from time to time, issued by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India; (xvii) "Trade Credit" refer to the credits extended by the overseas supplier, bank /financial institution for imports into India in accordance with the Trade Credit framework decided by the Reserve Bank in consultation with the Government of India; Explanation. - Depending on the source of finance, such trade credits include both suppliers' credit and buyers' credit. Suppliers' credit relates to the credit for imports into India extended by the overseas supplier, while buyers' credit refers to loans for payment of imports into India arranged by the importer from overseas bank or financial institution. Imports should be as permissible under the extant Foreign Trade Policy of the Director General of Foreign Trade (DGFT) . (xviii) The words and expressions used but not defined in these Regulations shall have the same meaning respectively assigned to them in the Act. ### 3. Prohibition to Borrow or Lend. - Save as otherwise provided in the Act, Rules or Regulations made thereunder, no person resident in India shall borrow or lend in foreign exchange from or to a person resident in or outside India and no person resident in India shall borrow in rupees from, or lend in rupees to, a person resident outside India: Provided that the Reserve Bank may, for sufficient reasons, permit a person resident in India to borrow or lend in foreign exchange from or to a person resident in or outside India and/or permit a person resident in India to borrow in rupees from, or lend in rupees to, a person resident outside India. Explanation. - Use of Credit Card (a) in India by a person resident outside India or (b) outside India by a person resident in India shall not be deemed as borrowing or lending in Indian Rupee/foreign exchange. ### 4. Borrowing from outside India in Foreign Exchange by a Person Resident in India. - A. Borrowing by an Authorised Dealer or its branch outside India (i) An AD may borrow from its Head Office or branch or correspondent outside India or any other entity up to limit specified and subject to terms and conditions as specified by the Reserve Bank from time to time, in consultation with Government of India. (ii) A branch outside India of an AD being a bank incorporated or constituted in India, may borrow in foreign exchange in the normal course of its banking business from outside India, subject to the directions or guidelines issued by the Reserve Bank from time to time, and the Regulatory Authority of the country where the branch is located. (iii) An AD may borrow in foreign exchange from a bank or a financial institution outside India, for the purpose of granting pre-shipment or post-shipment credit in foreign exchange to its exporter constituent, subject to compliance with the guidelines issued by the Reserve Bank in this regard. (iv) An AD may raise ECB from outside India in accordance with the provisions contained in Schedule I. B. Borrowing by Persons other than Authorised Dealers (i) Eligible resident entities may raise ECB from outside India in accordance with the provisions contained in Schedule I. (ii) Trade Credit may be raised from outside India by importers for import of capital or non-capital goods as permissible under the extant Foreign Trade Policy of the DGFT in accordance with the provisions contained in Schedule II. (iii) A person resident in India may borrow, whether by way of loan or overdraft or any other credit facility, from a bank situated outside India, where export of goods or services is proposed to be made on deferred payment terms or in execution of a turnkey project or a civil construction contract, provided the terms and conditions stipulated by the authority which has granted the approval to the arrangement are in accordance with the Foreign Exchange Management (Export of goods and services) Regulations, 2015, notified vide Notification No. FEMA.23(R)/2015-RB dated January 12, 2016, as amended from time to time. (iv) Financial Institutions, set up under an Act of the Indian Parliament, may raise foreign exchange borrowings with the prior approval of the Government of India for the purpose of onward lending. Explanation. - Such borrowings, which are in the nature of ECB, shall be subject to provisions contained in Schedule I. (v) An individual resident in India may borrow a sum not exceeding USD 250,000/- or its equivalent, or any other amount as decided by the Reserve Bank from time to time, from his/her relatives outside India and subject to such terms and conditions as specified by the Reserve Bank from time to time in consultation with the Government of India. (vi) An individual resident in India studying abroad may raise loan outside India not exceeding USD 250,000/- or its equivalent, or any other amount as decided by the Reserve Bank from time to time, for the purposes of payment of education fees abroad and maintenance subject to terms and conditions as specified by the Reserve Bank from time to time in consultation with the Government of India. ### 5. Lending in Foreign Exchange by a Person Resident in India. - A. Lending by an Authorised Dealer in India or its branch outside India i. An AD in India or its branch outside India may extend foreign currency denominated ECL to a borrower outside India in accordance with the provisions contained in Schedule III. ii. An AD may grant loans to its constituents in India for meeting their foreign exchange requirements or for their rupee working capital requirements or capital expenditure subject to compliance with prudential norms, interest rate directives and guidelines, if any, issued by Reserve Bank in this regard. iii. Subject to the directions or guidelines issued by the Reserve Bank from time to time, an AD in India may extend foreign exchange loans to another AD in India. iv. Branches outside India of AD banks may extend foreign exchange loans against the security of funds held in NRE/ FCNR deposit accounts or any other account as specified by the Reserve Bank from time to time, maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016, notified vide Notification No. FEMA 5(R)/2016-RB dated April 1, 2016, as amended from time to time. B. Lending by persons other than Authorised Dealer. - Eligible resident entity may extend foreign currency denominated ECL to a borrower outside India in accordance with the provisions contained in Schedule III. ### 6. Borrowing in Indian Rupees by a Person Resident in India. - A. Borrowing by an Authorised Dealer An AD may raise Rupee denominated ECB from outside India in accordance with the provisions contained in Schedule I. B. Borrowing by persons other than Authorised Dealer. - i. Eligible resident entities may raise Rupee denominated ECB from outside India in accordance with the provisions contained in Schedule I. ii. Eligible resident entities, as defined by the Government of India, may borrow from overseas Multilateral Financial Institutions/International Development Financial Institutions, where the source of funds of such institutions is Rupee denominated bonds issued overseas or resources raised domestically, or any other source as approved by the Government of India. iii. Trade Credit may be raised from outside India in Indian Rupees by importers for import of capital or non-capital goods as permissible under the extant Foreign Trade Policy of the DGFT in accordance with the provisions contained in Schedule II. iv. Any foreign investment in the nature of debt arising out of transfer or issue of security, not covered under the above sub-regulations, should be in compliance with Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017, notified vide Notification No. FEMA 20(R) / 2017-RB dated November 07, 2017, as amended from time to time. v. Any person resident in India accepting any deposit from, or making any deposit with, a person resident outside India, including loans/ overdrafts against security of funds held in such accounts, should be in compliance with Foreign Exchange Management (Deposit) Regulations, 2016, notified vide Notification No. FEMA 5(R)/2016-RB dated April 1, 2016, as amended from time to time. vi. A person resident in India, not being a company incorporated in India, may borrow in Indian Rupees from a NRI/Relatives who are OCI Cardholders outside India, subject to such terms and conditions as specified by the Reserve Bank from time to time in consultation with the Government of India. The borrower should ensure that the borrowed funds are not used for restricted end uses. vii. Financial Institutions, set up under an Act of the Indian Parliament, may raise Rupee denominated borrowings from outside India with the prior approval of the Government of India for the purpose of onward lending. Explanation. - Such borrowings which are in the nature of ECBs shall be subject to provisions contained in Schedule I. ### 7. Lending in Indian Rupees by a Person Resident in India. - A. Lending by an Authorised Dealer (i) An AD in India may grant loan to a NRI/OCI Cardholder for meeting the borrower's personal requirements/own business purposes/acquisition of a residential accommodation in India/ acquisition of motor vehicle in India / or for any purpose as per the loan policy laid down by the Board of Directors of the AD and in compliance with prudential guidelines of Reserve Bank of India. The AD bank should ensure that the borrowed funds are not used for restricted end uses. (ii) Overdraft in rupee account maintained with AD in India by a bank outside India: An AD may permit a temporary overdraft, for value not exceeding Rupees 5 billion or any other amount as prescribed by the Reserve Bank from time to time, in rupee accounts maintained with it by its overseas branch or correspondent or Head Office outside India, subject to such terms and conditions as the Reserve Bank may direct from time to time. B. Lending by persons other than Authorised Dealer. - (i) A registered non-banking financial company in India or a registered housing finance institution in India or any other financial institution as may be specified by the Reserve Bank from time to time, may provide housing loan or vehicle loan, as the case may be, to a NRI/OCI Cardholder subject to such terms and conditions as prescribed by the Reserve Bank from time to time. The borrower should ensure that the borrowed funds are not used for restricted end uses. (ii) An Indian entity may grant loan in Indian Rupees to its employee who is a NRI/OCI Cardholder in accordance with the Staff Welfare Scheme subject to such terms and conditions as prescribed by the Reserve Bank from time to time. The borrower should ensure that the borrowed funds are not used for restricted end uses. (iii) A resident individual may grant Rupee loan to a NRI/OCI Cardholder relative within the overall limit under the Liberalised Remittance Scheme subject to such terms and conditions as prescribed by the Reserve Bank from time to time. The borrower should ensure that the borrowed funds are not used for restricted end uses. ### 7A. [ Borrowing and lending by persons resident outside India. [Added by Notification No. G.S.R. 163(E) , dated 26.2.2019 (w.e.f. 17.12.2018).] - A person resident outside India may undertake repo or reverse repo transactions in Rupees to borrow or lend money, subject to such terms and conditions as may be specified by the Reserve Bank. Explanation. - Repo shall have the same meaning as defined in Section 45U (c) of RBI Act, 1934 Reverse Repo shall have the same meaning as defined in Section 45U (d) of RBI Act, 1934] ### 8. Continuation of loan in the event of change in the residential status of the lender/borrower. - (i) An authorised dealer/authorised bank, may allow continuance of loans granted to a resident individual who subsequently becomes a person resident outside India, subject to such terms and conditions as specified by the Reserve Bank from time to time. (ii) In case a loan was granted by a resident individual to another resident individual and the lender subsequently becomes a non-resident, the repayment of the loan by the resident borrower should be made by credit to the NRO account or any other account of the lender maintained with a bank in India as specified by the Reserve Bank from time to time, at the option of the lender. (iii) In case a loan was granted by a NRI/OCI Cardholder to a person resident in India in accordance with the provisions contained in these regulations and the lender subsequently becomes a resident, the repayment of the loan may be made to the designated account of the lender maintained with a bank in India as specified by the Reserve Bank from time to time, at the option of the lender. (iv) A resident individual will be permitted to service loans taken overseas earlier as a person resident outside India subject to terms and conditions and limit as specified by the Reserve Bank from time to time. ### 9. Any borrowing under erstwhile regulations can be continued as permitted up to the due date of repayment. I --- [See Regulations 4(A) (iv), 4(B)(i), 4(B)(iv), 6(A), 6(B)(i), 6(B)(vii)] Borrowings from outside India by a person resident in India Eligible entities may raise External Commercial Borrowings (ECB) from outside India in accordance with the provisions contained in this Schedule. ### 1. Currency of borrowing. - ECB can be raised in any freely convertible foreign currency as well as in Indian Rupees or any other currency as specified by the Reserve Bank in consultation with the Government of India. ### 2. Forms. - ECB can be raised in the forms as prescribed by the Reserve Bank in consultation with the Government of India. Certain hybrid instruments, such as optionally convertible debentures, presently covered under ECB, would be governed by specific hybrid instruments' Regulations when notified by the Government of India. ### 3. Eligibility of borrowers. - All entities eligible to receive foreign direct investment, in terms of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017, notified vide Notification No. FEMA 20(R) / 2017-RB dated November 07, 2017, as amended from time to time, including Start-ups. Further, Reserve Bank, in consultation with the Government of India may specify any other entity/sector eligible to raise ECBs or amend the existing eligibility norms. ### 4. Maturity. - Minimum average maturity will be 3 years. However, Reserve Bank, in consultation with Government of India may prescribe minimum average maturity stipulation for ECBs raised by entities in certain sectors or for certain amount of ECB or for certain end uses or for borrowing from certain recognised lenders. ### 5. Lenders. - The lender should be resident of FATF or IOSCO compliant country as defined in the ECB policy, including on transfer of ECBs. However, Multilateral and Regional Financial Institutions where India is a member country will also be considered as recognised lenders. Further, Reserve Bank, in consultation with the Government of India may specify any other lender/set of lenders under the schedule or amend the existing provisions. Explanation. - Foreign branches / subsidiaries of Indian banks are permitted as recognised lenders only for ECBs raised in foreign exchange. ### 6. All-in-cost. - i. For ECBs raised in foreign exchange, the maximum spread over the benchmark of 6-month LIBOR or applicable benchmark for the respective currency will be 450 basis points per annum or as prescribed by the Reserve Bank in consultation with the Government of India. ii. For ECBs raised in Indian Rupees, the maximum spread will be 450 basis points per annum over the prevailing yield of the Government of India securities of corresponding maturity or as prescribed by the Reserve Bank in consultation with the Government of India. ### 7. End-uses. - The proceeds of borrowing raised from outside India in terms of this Schedule can be used for all purposes except for those activities prescribed in the negative end-use list by the Reserve Bank in consultation with the Government of India. ### 8. Individual Limits of borrowing. - All eligible borrowers/category of borrowers may raise ECB of up to USD 750 million or equivalent per financial year. For Startups the amount would be limited to USD 3 million or equivalent per financial year. However, Reserve Bank, in consultation with Government of India may prescribe higher limits for ECBs raised by entities in certain sectors or for certain end uses. The said individual limits may be subject to review by the Reserve Bank in consultation with the Government of India. ### 9. Security. - The borrower covered in this Schedule may provide security to the lender / suppliers, as specified by the Reserve Bank from time to time in terms of these regulations or under any other Regulations framed under the Act. The borrower may also provide corporate and / or personal guarantee as security for the borrowing, subject to terms and conditions as specified by the Reserve Bank from time to time. However, banks, financial institutions and Non-Banking Finance Companies shall not provide (issue) any type of guarantee in favour of overseas lender on behalf of their constituents for their borrowings under this Schedule, except in accordance with specific stipulations made by the Reserve Bank. ### 10. Parking of loan amount abroad. - The proceeds of borrowings under this Schedule may, pending utilisation for permissible end-uses, be parked abroad or in India as per the directions issued by the Reserve Bank from time to time. ### 11. Drawal of Loan. - Draw-downs of borrowing under this Schedule shall be made only after obtaining the loan registration number from the Reserve Bank or from the ADs, as per the system put in place by the Reserve Bank. For non-adherence, the borrower may be required to pay penalty as specified by the Reserve Bank from time to time. Provided that non-payment of penalty as above shall be treated as a contravention and shall be subject to compounding or adjudication as provided in the Act or Rules framed thereunder. ### 12. Reporting. - The borrower shall adhere to the reporting procedure as specified by the Reserve Bank from time to time. For nonadherence, the borrower may be required to pay penalty as specified by the Reserve Bank from time to time. Provided that non-payment of penalty as above shall be treated as a contravention and shall be subject to compounding or adjudication as provided in the Act or Rules framed thereunder. ### 13. Debt Servicing. - The designated AD shall have the general permission to make remittances of principal, interest and other charges in conformity with the guidelines on borrowing under this Schedule. ### 14. Hedging. - Reserve Bank, in consultation with the Government of India, may stipulate hedging requirements for borrowings under this schedule. ### 15. Available routes for raising ECB. - All ECBs can be raised under the automatic route if it conforms to the parameters prescribed under this Schedule and subject to specified reporting conditions. All other cases will be considered by RBI under the approval route. II ---- [See Regulations 4(B) (ii) & 6(B)(iii)] Trade Credit for Imports Importers may raise trade credits from outside India in accordance with the provisions contained in this Schedule. ### 1. Purpose. - Trade Credits can be raised for the purpose of import of non-capital and capital goods as permitted under the extant Foreign Trade Policy of the DGFT and for purchase of non-capital and capital goods within a Special Economic Zone (SEZ) or from a different SEZ subject to terms and conditions as stipulated by the Reserve Bank from time to time. Explanation. - SEZ is as defined in the SEZ Act, 2005. ### 2. Currency of borrowing. - Trade credits can be raised in any freely convertible foreign currency as well as in Indian Rupees or any other currency as specified by the Reserve Bank in consultation with the Government of India. ### 3. Amount of borrowing. - Importers can raise trade credit up to 50 million equivalent per import transaction for import of capital or non-capital goods or any other amount as decided by the Reserve Bank in consultation with the Government of India. ### 4. Period. - The period of trade credit reckoned from the date of shipment shall be as under: i. For import of non-capital goods - Maximum period of up to one year and linked with the operating cycle, or for a period as per the guidelines issued by the Reserve Bank from time to time for any import of any goods / for import by any specific sector. ii. For import of capital goods - Maximum period of three years or for a period as per the guidelines issued by the Reserve Bank from time to time. ### 5. Recognised Lenders. - Overseas suppliers, banks and other financial institutions, foreign equity holders and financial institutions in International Financial Services Centres (IFSCs) in India or any other entities as decided by the Reserve Bank in consultation with the Government of India. ### 6. Cost. - i. For trade credits in foreign exchange, the maximum spread over the benchmark of 6-month LIBOR or applicable benchmark for the respective currency will be 250 basis points per annum or as prescribed by the Reserve Bank in consultation with the Government of India. ii. For Rupee denominated trade credit, the all-in-cost shall be commensurate with prevailing market conditions or as prescribed by the Reserve Bank in consultation with the Government of India. ### 7. Security and guarantee. - The borrower covered in this Schedule may provide security to the lender / suppliers, as specified by the Reserve Bank from time to time in terms of these regulations or under any other Regulations framed under the Act. The borrower may also provide corporate and / or personal guarantee as security for the borrowing subject to terms and conditions as specified by the Reserve Bank from time to time. Further, AD Category I banks are permitted to issue bank guarantees in favour of overseas supplier, bank or financial institution duly ensuring the underlying import /trade credit complies with extant norms. ### 8. Reporting requirements. - The reporting requirement and procedure will be as specified by the Reserve Bank from time to time. III ----- [See Regulations 5(A) (i), 5(B)] Lending to borrowers outside India by a person resident in India Eligible entities may extend External Commercial Lending (ECL) to borrowers outside India in accordance with the provisions contained in this Schedule. ### 1. An AD in India may extend External Commercial Lending (ECL) in foreign exchange to a foreign entity in which an Indian entity has made overseas direct investment in accordance with Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004, as amended from time to time. ### 2. Foreign branches of the Indian banks may extend foreign exchange loans in the normal course of their banking business outside India. ### 3. An eligible entity, as defined under Foreign Exchange (Transfer or Issue of any Foreign Security) Regulations, 2004, notified vide Notification No.FEMA.120/RB-2004 dated July 7, 2004, as amended from time to time, may lend in foreign exchange to a foreign entity in which it has made direct investment in accordance with the provisions under the said regulations. ### 4. A person resident in India may lend in foreign exchange out of funds held in his/her EEFC account, for trade related purposes to his/her overseas importer customer subject to such terms and conditions as stipulated by the Reserve Bank of India from time to time in consultation with Government of India. ### 5. Indian companies may grant loans in foreign exchange to the employees of their branches outside India for personal purposes provided that the loan shall be granted for personal purposes in accordance with the lender's Staff Welfare Scheme / Loan Rules and other terms and conditions as applicable to its staff resident in India and abroad .
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acts
Union of India - Act ---------------------- The Public Servants (Inquiries) Act, 1850 ------------------------------------------- UNION OF INDIA India The Public Servants (Inquiries) Act, 1850 =========================================== Act 37 of 1850 ---------------- * Published in Gazette 37 on 1 January 1980 * Assented to on 1 January 1980 * Commenced on 1 January 1980 The Public Servants (Inquiries) Act, 1850 ### 1. Repeal of Acts.— \*\*\* ### 2. Articles of charge to be drawn out for public inquiry into conduct of certain public servants.— Whenever the Government. shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of the Government, non-removable from his appointment without the sanction of the Government, it may cause the substance of the imputations to be drawn into distinct articles of charge, and may order a formal and public inquiry to be made into the truth thereof. ### 3. Authorities to whom inquiry may be committed—Notice to accused.— The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose: notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry. ### 4. Conduct of Government prosecution.— When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf. ### 5. Charge by accuser to be written and verified—Penalty for false accusation— Institution of inquiry by Government.— When the charge shall be brought by an accuser, the Government shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall wilfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury; but this enactment shall not be construed to prevent the Government from instituting any inquiry which it shall think fit, without such accusation on oath or solemn affirmation as aforesaid. ### 6. Security from accuser left by Government to prosecute.— Where the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer an counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury, as case may be. ### 7. Power of Government to abandon prosecution and to allow accuser to continue it.— At any subsequent stage of the proceedings, the Government may, if it think fit, abandon the prosecution, and in such case, may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned. ### 8. Powers of commissioners,— Their protection. Service of their process—Powers of Court, etc., acting under commission.— The commissioners shall have the same power of punishing contempts and obstructions to their proceedings, as is given to Civil and Criminal Courts by the Code of Criminal Procedure, 1898 (5 of 1898), and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the Zila and City Judges, except that all process to cause the attendance of witnesses or other compulsory process, shall be served through and executed by the Zila or City Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served, and if he resides within Calcutta, Madras or Bombay, then through the Supreme Court of Judicature thereto. When the commission has been issued to a court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission. ### 9. Penalty for disobedience to process.— All persons disobeying any lawful process issued as aforesaid for the purposes of the commission shall be liable to the same penalties as if the same had issued originally from the Court or other authority through whom it is executed. ### 10. Copy of charge and list to be furnished to accused.— A copy of the articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused, at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry. ### 11. Procedure at beginning of inquiry— Non-appearance of accused and admission of charge.— At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead “guilty” or “not guilty” to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge. ### 12. Prosecutor’s right of address.— The prosecutor shall then be entitled to address the commissioners in explanation of the articles of charge, and of the evidence by which they are to be proved: his address shall not be recorded. ### 13. Evidence for prosecution and examination of witnesses— Re-examination by prosecutor.— The oral and documentary evidence for the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without leave of the commissioners, who also may put such questions as they think fit. ### 14. Power to admit or call for new evidence or prosecution—Accused’s right to adjournment.— If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demands it, an adjournment of the proceedings for three clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned. ### 15. Defence of accused— To be recorded only when written.— When the case for the prosecution is closed, the person accused shall be required to make his defence, orally or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being openly read, and in that case a copy shall be given at the same time to the prosecutor. ### 16. Evidence for defence and examination of witnesses.— The evidence for the defence shall then be exhibited, and the witnesses examined, who shall be liable to cross-examination and re-examination and to examination by the commissioners according to the like rules as the witnesses for the prosecution. ### 17. Examination of witnesses and evidence by prosecutor.— \*\*\* ### 18. Notes of oral evidence.— The commissioners or some person appointed by them shall take notes in English of all oral evidence which shall be read aloud to each witness by whom the same was given, and, if necessary, explained to him in the language in which it was given, and shall be recorded with the proceedings. ### 19. Inquiry when closed with defence— Prosecutor when entitled to reply and give evidence— Accused not entitled to adjournment.— If the person accused makes only an oral defence, and exhibits no evidence, the inquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to a general oral reply on the whole case, and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the person accused shall not be entitled to any adjournment of the proceedings, although such new evidence were not included in the list furnished to him. ### 20. Power to require amendment of charge and to adjourn—Reason for refusing adjournment to be recorded.— When the commissioners shall be of opinion that the articles of charge, or any of them are not drawn with sufficient clearness and precision, the commissioners may, in their discretion, require the same to be amended, and may thereupon, on the application of the person accused, adjourn the inquiry for a reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from time to time, on the application of either the prosecutor or the person accused, on the ground of sickness or unavoidable absence of any witness or other reasonable cause. When such application is made and refused, the commissioners shall record the application, and their reasons for refusing to comply with it. ### 21. Report of commissioners proceedings.— After the close of the inquiry the commissioners shall forthwith report to Government their proceedings under the commission, and shall send with the record thereof their opinion upon each of the articles of charge separately, with such observation as they think fit on the whole case. ### 22. Power to call for further evidence or explanation. Inquiry into additional articles of charge—Reference of report of special commissioners’ final orders.— The Government, on consideration of the report of the commissioners, may order them to take further evidence, or give further explanation of their opinions. It may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Government may also, if it thinks fit, refer the report of the commissioners to the Court or other authority to which the person accused is subordinate, for their opinion on the case; and will finally pass such orders thereon as appear just and consistent with its powers in such cases. ### 23. Definition of “Government”.— In this Act, “the Government” means the Central Government in the case of persons employed under that Government and the State Government in the case of persons employed under that Government. ### 24. Saving of enactments as to dismissal of certain officers—Commission under Act for their trial.— Nothing in this Act shall be construed to repeal any Act or Regulation in force for the suspension or dismissal of Principal and other Sadr. Amins. or of Deputy Magistrates or Deputy Collectors, but a commission may be issued for the trial of any charge against any of the said officers, under this Act, in any case in which the Government shall think it expedient. ### 24. Saving of enactments as to dismissal of certain officers—Commission under Act for their trial.— Nothing in this Act shall be construed to repeal any Act or Regulation in force for the suspension or dismissal of Principal and other Sadr. Amins. or of Deputy Magistrates or Deputy Collectors, but a commission may be issued for the trial of any charge against any of the said officers, under this Act, in any case in which the Government shall think it expedient. ### 25. Saving of power of removal without inquiry under Act.— Nothing in this Act shall be construed to affect the authority of Government, for suspending or removing any public servant for any cause without an inquiry under this Act.
65b9f78cab84c7eca86ea57e
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State of West Bengal - Act ---------------------------- The Prisons (West Bengal Amendment) Act, 1957. ------------------------------------------------ WEST BENGAL India The Prisons (West Bengal Amendment) Act, 1957. ================================================ Act 22 of 1957 ---------------- * Published on 6 January 1958 * Commenced on 6 January 1958 The Prisons (West Bengal Amendment) Act, 1957. West Bengal Act 22 of 1957 [6th January, 1958.] An Act to amend the Prisons Act, 1894 in its application to West Bengal. Whereas it is expedient to amend the Prisons Act, 1894 in its application to West Bengal for the purposes and in the manner hereinafter appearing; It is hereby enacted as follows :- ### 1. Short title. - This Act may be called the Prisons (West Bengal Amendment) Act, 1957. ### 2. Application of the Act. - The Prisons Act, 1894 (hereinafter referred to as the said Act), shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided. ### 3. Amendment of section 46. - In section 46 of the said Act, - (1) clause (5), clause (9) with the proviso thereof, clause (11) and clause (12) shall be omitted, and (2) at the end of the proviso the words " , or to whipping" shall be omitted. ### 4. Amendment of section 47. - In sub-section (1) of section 47 of the said Act, clause (2) and clause (4) shall be omitted. ### 5. Amendment of section 50. - In sub-section (1) of section 50 of the said Act, the words "of penal diet, either singly or in combination, or of whipping, or" shall be omitted. ### 6. Amendment of section 51. - In sub-section (2) of section 51 of the said Act, the words ", and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor" shall be omitted. ### 7. Omission of section 53. - Section 53 of the said Act shall be omitted. ### 8. Omission of section 57. - Section 57 of the said Act shall be omitted. ### 9. Amendment of section 59. - In section 59 of the said Act, - (1) clause (16) shall be omitted; (2) in clause (22), the words "transportation or" shall be omitted.
65ba7ec1ab84c7eca86ebb13
acts
Union of India - Act ---------------------- The Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Regulations, 2008 --------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Regulations, 2008 ============================================================================================================================================= Rule THE-PETROLEUM-AND-NATURAL-GAS-REGULATORY-BOARD-ACCESS-CODE-FOR-COMMON-CARRIER-OR-CONTRACT-CARRIER-NATURAL-GAS-PIPELINES-REGULATIONS-2008 of 2008 ------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 17 July 2008 * Commenced on 17 July 2008 The Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Regulations, 2008 Published vide Notification No. G.S.R. 541(E) , dated 17th July, 2008 Last Updated 23rd August, 2019 G.S.R. 541(E) . - In exercise of the powers conferred by section 61 of the Petroleum and Natural Gas Regulatory Board Act, 2006 ( 19 of 2006 ), the Petroleum and Natural Gas Regulatory Board hereby makes the following regulations, namely :- ### 1. Short title and commencement. (1) These regulations may be called the Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Regulations, 2008. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these regulations, unless the context otherwise require, (a) "access arrangement" means a document of the transporter specifically defining terms and conditions for the access to the gas pipeline and placed on the web site of the transporter; (b) "Act" means the Petroleum and Natural Gas Regulatory Board Act, 2006"; (c) "a homogeneous area" (AHA) means a part of the pipeline within which the gas of similar specifications including calorific value is received or delivered over a specified time period; (d) "allocated capacity" means the scheduled maximum daily quantity agreed between the shipper and the transporter; (e) "appointed day" means the date of October 1, 2007 when the Central Government notified the establishment of the Petroleum and Natural Gas Regulatory Board; (f) "Board" means the Petroleum and Natural Gas Regulatory Board (PNGRB) established under the Petroleum and Natural Gas Regulatory Board Act 2006; (g) "booked capacity" means maximum daily quantity (MDQ) of gas on any day to be delivered at an entry point or off taken at an exit point as per the contract between the shipper and the transporter; (h) "contracted capacity" means the natural gas volume contracted for transportation through a pipeline system on daily, monthly or yearly basis; (i) "custody transfer meter" means a device or a set of devices which measures the quantity of natural gas (in terms of volume and energy) for transfer of custody from one entity to another; (j) "dispute" means any dispute or difference arising between the entities under or in connection with these regulations or the access arrangement; (k) "entry point" means the point at which the gas delivered by shipper is injected into the natural gas pipeline; (l) "exit point" means the point at which the gas is withdrawn from the natural gas pipeline for delivery to the shipper or end consumer as agreed between transporter and shipper; (m) "maximum daily quantity" means the maximum volume of natural gas contracted, booked or scheduled for delivery in a particular day within twenty four hours of the day; (n) "natural gas pipeline" means any pipeline including spur lines for transport of natural gas and includes all connected equipments and facilities, such as, compressors, storage facilities, metering units, etc. but excludes- (i) dedicated pipeline laid to transport natural gas to a specific customer to meet his requirement and not for resale; (ii) pipelines in a city or local natural gas distribution network which are regulated by the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008. (o) "natural gas pipeline section" means a part of natural gas pipeline between an entry point and an exit point or between two exit points; (p) "marketeer" means an entity dealing with the marketing or trading of natural gas; (q) "off-spec natural gas" means the natural gas which does not conform to the parameters specified at sub-regulations (1), (4), (5) and (6) of regulations 5; (r) "operating pressure" means the pressure corresponding to a particular flow rate at which the natural gas pipeline is operated; (s) "shipper" means an entity and also includes a consumer who intends to utilize the capacity in the pipeline for transmission of gas; (t) "system use gas" (SUG) means the quantity of gas used by the transporter for the operation and maintenance of the pipeline system, including but not limited to, compressors, gas heaters, close cycle vapour or thermo electric gas turbines for cathodic protection and supervisory control and data acquisition (SCADA) system; (u) "transmission loss" (TL) means the quantity of gas which is unaccounted for whatsoever reason including blow downs, venting or releases during regular operation and maintenance of the pipeline system or due to inaccuracy of custody meter; (v) "transporter" means an entity authorized by the Board or authorized by the Central Government prior to the appointed date for laying, building, operating or expanding a natural gas pipeline; (w) "transmission service" means the service consisting of taking delivery of the gas made available by a shipper at one or more entry points along the pipeline system and delivering an equivalent quantity of gas in terms of energy at one or more exit points in accordance with the terms and conditions laid down in the access arrangement and contract signed between the shipper and the transporter and complying with the provisions of these regulations; (x) "unit of measurement" means unit for measurement of quantity of gas and shall be in million British thermal units (MMBTU) or Kilo calories. (2) All other words and expressions used herein but not defined shall have the same meanings respectively assigned to them in the Act. ### 3. Application. (1) These regulations shall apply to an entity operating or proposing to operate natural gas pipeline. (2) Any entity authorized by the Board to lay, build, operate or expand a natural gas pipeline under the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Natural Gas Pipeline) Regulations, 2008 or authorized to do so by the Central Government before the appointed day, can add new or abandon any existing entry and exit point on the pipeline on techno-economic considerations provided that the existing customers on the pipeline are not adversely affected by the decision of the entity. ### 4. Declaration of capacity. (1) The capacity of a natural gas pipeline shall be as authorized by the Board for new pipelines under The Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Natural Gas Pipelines) Regulations, 2008 or as determined by the Board under relevant regulations for declaring natural gas pipelines as common carrier or contract carrier or under the Petroleum and Natural Gas Regulatory Board (Determination of Natural Gas Pipeline Tariff) Regulations, 2008 or as determined by the Board under the relevant Regulations. (2) The transporter shall declare for each natural gas pipeline section, entry and exit point-wise design and available capacity of the pipeline and host the same on its web site on the 1st of every month in the prescribed manner and format specified at Schedule I and shall send this information to the Board and the same shall also be hosted by the Board on its website. (3) The available capacity declared for the transporter under sub-regulation (2) shall be available for use on common carrier or contract carrier basis or both and shall be allocated in line with the provisions under regulation 12. ### 5. Gas parameters. (1) The authorized entity as referred to in sub-regulation (2) of regulation 3 shall formulate the calorific value (CV) band for the natural gas to be transported through natural gas pipeline keeping in view the following parameters, namely:- (a) CV of its own natural gas proposed to be transported; (b) CV of firmed up contracted capacity of natural gas; (c) requirements of downstream consumers of natural gas on the pipeline; (d) technical requirement of the pipe line system; and (e) CV band of the inter-state pipelines either supplying natural gas into the pipeline system or receiving natural gas from this pipeline system. (2) The transporter shall publish CV band referred to in sub-regulation (1) on its website within a period of one month of authorized by the Board, as referred to in sub-regulation (2) of regulation 3, under intimation to the Board. Provided that the entities authorized before the publication of these regulations shall publish the CV band within a period of one month of the date of publication of these regulations. (3) CV band referred to in sub-regulation (1) shall be applicable to all shippers on non-discriminatory basis. (4) The transporter may review the CV band for natural gas from time to time taking into account new major source of gas supplies or new consumers: Provided that CV band so updated shall not adversely affect any of the existing shippers: Provided further that transporter shall immediately inform the Board as and when such-up-dation is carried out by the transporter besides putting the same on its web site. (5) The threshold limits for other elements in natural gas like CO2, CO, H2S, N2, O2, water dew point, hydrocarbon dew point, etc. shall be as given in Schedule II. (6) The transporter shall define the gas parameters at entry points in terms of gas hydraulics specifying the acceptable range of pressure and temperature and the same shall be hosted on the website of the transporter. (7) Shipper shall supply gas conforming to all parameters specified in sub-regulations (1), (4) to (6) and the transporter shall deliver gas at exit point conforming to parameters of gas as specified in sub-regulations (1),(4) and (5): Provided that the pressure and temperature shall be as per the contract between shipper and the transporter. ### 6. System Use Gas (SUG) , Line Pack (LP) and Transmission Losses (TL). - A shipper shall sell or provide the gas, if required by the transporter, for SUG, LP and TL at the prevailing market price in proportion to its capacity booking in the pipeline: Provided that, the transporter shall be free to arrange this gas from any other source. ### 7. Measurement of gas. (1) The transporter shall ensure the provision of the entry and exit point equipments to measure gas composition, calorific value, pressure and temperature on continuous basis as specified in regulation 9. (2) The transporter shall divide the natural gas pipeline into a number of "a homogenous area" (AHA) and shall continuously measure the quality parameters by Gas Chromatograph (GC) in each AHA. (3) Measurement of CV and gas quality as provided in sub-regulations (1) and sub-regulation (2) shall be sufficient for billing and other contractual purposes for all exit points served by the AHA. (4) Total error limit and accuracy of the measuring equipment shall be as agreed to between the entities subject to any mandatory specifications, if any, laid down by the Board through regulations. (5) The transporter shall carry out verification, calibration or proving of measuring equipment as per the relevant codes and standards. (6) Either shipper or transporter may instal check meters at requisite points with a precondition so as not to interfere with the measurement equipment installed by the entity for custody transfer purpose. (7) Gas accounting shall be done on daily basis and the gas reconciliation, billing & other terms shall be as decided between the entities. ### 8. Obligations at entry point and exit point. (1) At the entry point when the shipper delivers natural gas that does not meet the quality requirements as specified in sub-regulation (1), (4) to (6) of regulation 5, in respect of CV band and threshold level of other elements of gas, the transporter may- (a) refuse to accept it; or (b) accept any gas that does not meet the requirements of gas in terms of gas parameters- (i) as specified at Schedule II: Provided that transporter may charge reasonable cost of service from the shipper, as may be mutually agreed, for any additional facilities or treatment for cleaning up or integrity requirements of the pipeline and to upgrade gas to pipeline specifications; Provided further that such off-spec natural gas does not adversely affect the existing customers' quality specifications committed by the transporter at the exit points; (ii) as specified in sub regulations (1) and (4) of regulation 5: Provided that the transporter may charge the reasonable cost of service for the capacity adjustment from the shipper for transportation of such gas and for capacity constraints in the system: Provided further that such off-spec natural gas does not adversely affect the existing customers' quality specifications committed by the transporter at the exit points. (2) At the exit point when the transporter delivers gas that does not meet the quality requirements as specified in sub regulation (7) of regulation 5, the shipper may- (a) refuse to accept delivery and in such a case the transporter shall be liable to pay liquidated damages to the shipper as per their terms of contract; or (b) accept the gas and in such case no charges shall be payable by transporter. ### 9. Facilities at entry point and exit point. (1) Shipper shall arrange to deliver gas at entry point on the pipeline system and shall provide all facilities, including measuring equipments, required for transfer of custody and delivery of gas to the transporter unless otherwise agreed to between shipper and transporter. (2) Transporter shall execute hooking up facility of shipper to the entry point at the cost of shipper. (3) Shipper or his authorized nominee shall own, operate and maintain facilities upstream of entry points at his own cost and risk unless the facilities are provided by the transporter under a separate contract. (4) The transporter shall own and operate facilities including measuring equipments at exit point for transfer of custody and delivery of gas to the shipper unless otherwise agreed to between shipper and transporter and the exit point gas parameters shall be mutually agreed to between shipper and transporter. (5) The transporter shall execute, at the cost of shipper, the facility of hooking up of shipper facility with that of transporter at exit point. (6) The shipper shall provide space and cooperate with the transporter in installing, operating, maintaining and modifying any specific, exit point facilities when such exit point facilities are provided in the premises of the shipper. (7) The shipper may provide check meter, conforming to the applicable standard and specifications, at the delivery point in natural gas pipeline: Provided that in case of any variation in the readings in the meter of transporter and shipper, the reading of the transporter meter shall be taken as final. (8) In case of any dispute in metering, the meter proving or certification shall be carried out by an accredited third party as approved by the Board. (9) In case of any fault in the meter of transporter, the expenses on this account shall be borne by the transporter and in case no fault is found in the meter, the expenses shall be borne by the shipper. ### 10. Pipeline capacity booking. (1) More than one shipper can hold capacity at any entry or exit point. (2) The booked capacity shall be through a contract between shipper and transporter under "Access Arrangements" in the form of MDQ. (3) When a transporter receives a request for access from a shipper it shall respond within three days after receiving the request from the shipper- (a) confirming that spare capacity exists to satisfy the request and specifying the charges and terms and conditions upon which it will make the service available; (b) advising that spare capacity does not exist to satisfy the request; (c) advising that the data provided by the shipper require technical study to accommodate his request and such study shall be completed within seven days from the date of receipt of request; or (d) advising that it is not technically or operationally feasible to provide access. (4) shipper may release the capacity in favour of other shippers to the extent of the capacity booked. (5) The shipper may assign in part or full the capacity booked by him or trade in open market and the transporter shall deliver the capacity in physical terms to any person or entity which wishes to take physical delivery on the basis of a valid contract. (6) The nomination of natural gas for transportation shall contain the expected gas flow details of one or more days daily-nominated quantities as per the agreed schedule between the shipper and the transporter. (7) The accounting of the gas shall be in energy terms and shall be based on Gross calorific value as defined in ISO 6976-1:1983(E). ### 11. Interconnection of two common carrier or contract carrier natural gas pipeline. (1) The interconnection of two common carrier or contract carrier pipeline systems may be necessitated by either a transporter or a shipper and such interconnection shall be allowed subject to capacity available in the receiving common carrier pipeline and when it is operationally and technically feasible. (2) The gas quality specifications for interconnecting pipelines should be compatible. (3) The cost of such interconnection point shall be borne by the entity that has triggered such requirement for interconnection and the cost of interconnection may include the cost of compression equipments for meeting the operational requirements for receiving natural gas in the common carrier system. (4) The execution of the interconnection facilities shall be carried out by the transporter who owns the system which receives the gas. (5) The interconnection point shall be mutually agreed between transporter and the shipper. (6) Interconnection of pipeline network is like adding an exit point to the existing pipeline and all such provisions shall be applicable for such interconnection. (7) The authorized entity for receiving common carrier pipeline shall inform the Board in case any interconnection request is denied. ### 12. Methodology for providing access. (1) The contracted capacity between a shipper and a transporter shall be for a gas quantity not exceeding the own firmed up capacity and aggregated volume contracted by the transporter for a period of more than a year. (2) The excess 33% capacity shall be allocated on common carrier principle on first come first serve basis: Provided that in case any capacity out of the 33% excess capacity under sub-regulation (2) is available at any time due to non-existence of demand from any shipper, then, the same may be utilized either by the authorized entity itself or could be contracted for a period of more than a year subject to the stipulation that in the event of any requirement by another shipper for transportation of gas on a common carrier basis, the entity shall make available the required capacity to the shipper within a period of thirty days of such requirement. ### 13. System indiscipline and charges. (1) If the pipeline capacity has been utilized by the shipper without permission of the transporter over 110% of the capacity allocated, then, the shipper shall be charged for such unauthorized overrun by the transporter in a transparent manner on non-discriminatory basis. (2) If the shipper off-takes less quantity of gas from the pipeline system than injected into it, then, the shipper is creating positive imbalance and it shall be allowed a cumulative positive imbalance of ten per cent of allocated capacity as tolerance limit. (3) Positive imbalance up to ten per cent of the booked capacity shall not attract any positive imbalance charges and the shipper shall be charged by the transporter for positive imbalance charges in a transparent manner on non-discriminatory basis if it exceeds ten per cent. (4) If shipper off-takes more quantity of gas from the pipeline system than injected into it, then, the shipper is creating negative imbalance and the shipper shall be allowed a cumulative negative imbalance of five per cent of allocated capacity as a tolerance limit. (5) Negative imbalance of five per cent of the allocated capacity shall not attract any negative imbalance charges and the shipper shall be charged by the transporter for negative imbalance charges in a transparent manner on non discriminatory basis if it exceeds five percent. (6) Charges for the system indiscipline, that is, for unauthorized overrun positive imbalance and negative imbalance shall be on daily basis in terms of maximum daily quantity. (7) Subject to sub-regulation (8), the transporter shall maintain the pipeline system in such a way that the allowed positive imbalance of 10% or negative imbalance of 5% does not interfere with the operations of the pipeline and shall ensure that the shippers get their allocated quantities within acceptable contractual variations, at specified gas parameters at exit points. (8) It shall be the responsibility of the defaulting shipper to cure imbalances beyond the permissible limit caused by it in transporter's pipeline and in case, the defaulting shipper is unable to cure such imbalances within a period of fifteen days, then, the transporter shall have the right to adjust daily-nominated quantity of such shipper to mitigate such imbalances to ensure safety and integrity of pipeline system. (9) In case the transporter and the shipper have entered into an agreement which recognizes an aggregated volume of natural gas on periodic basis and the shipper makes commitment to avail the capacity intermittently within a period less than one year, the imbalances and overrun charges shall be calculated on maximum daily quantity basis as scheduled by the shipper and the transporter. (10) (i) There shall be established an escrow account to be maintained by the Board from the date of the commencement of Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Amendment Regulations, 2019, in which there shall be credited all charges received by the transporter on account of imbalances and overruns. The imbalance and overrun charges shall be as follows: | | | | | | --- | --- | --- | --- | | S.No. | Item | Particulars | Charges | | 1. | Unauthorised Overrun | Beyond 110% of the allocated capacity | ½ time Tariff of natural gas pipeline | | 2. | Positive Imbalance | Cumulative Imbalance beyond 10% of booked capacity | ½ time Tariff of natural gas pipeline | | 3. | Negative Imbalance | Cumulative Imbalance beyond 5% of booked capacity | ½ time Tariff of natural gas pipeline | [(ii) The transporter shall raise a separate invoice towards imbalance and overrun charges, including applicable taxes and levies. The transporter shall deposit the taxes and levies with the concerned authorities. (iii) The transporter shall make all reasonable efforts for recovering the imbalance and overruns charges referred to in clause (ii) from the shipper within the period it allows shipper to pay its transportation charges. (iv) The transporter shall deposit the amounts received by it from the shipper on account of the charges referred to in clause (ii) (excluding taxes and levies) into the escrow account maintained by the Board within a period of fifteen days from the end of the calendar quarter during which such amounts were received by it along with such details thereof as the Board may require from time to time. Transporter is not allowed to retain or deduct any amount (except for taxes and levies) received by it except the claim approved by the Board under clause (viii). (v) The transporter shall submit to the Board month-wise, pipeline-wise and shipper-wise details of such charges as are recoverable from each shipper, amounts received from the shippers and the amounts due from shippers and its reconciliation with the amount deposited in accordance with as specified in clause (iv), quarterly within a period of sixty days from the end of each quarter along with a certificate from a Chartered Accountant certifying such details and further, at the end of each financial year, an annual certificate containing the said details shall be submitted by the transporter to the Board along with the certificate for the fourth quarter. Format for providing such details is as specified in Schedule III to these regulations. (vi) The transporter may claim from the escrow account maintained by the Board the amounts incurred by it towards its contractual obligations with reference to supply or pay and extra efforts to compress gas in case of negative imbalances and system management of the pipeline system due to such imbalances created by the shippers: Provided that such claim shall not exceed the amount deposited by him in the escrow account. (vii) The claim under clause (vi) may be submitted annually by the transporter to the Board within 60 days of the end of each financial year with details such as details of amounts incurred by it, its bank account details, Permanent Account Number and detailed rationale of such claim, along with a certificate from a Chartered Accountant certifying such details. (viii) The Board shall consider such claims on merits and may seek such further information as it may deem fit and the Board shall communicate the amount of claim approved to the transporter within 60 days from receipt of complete information, which may be deducted by the transporter from the subsequent deposits to be made by it into the escrow account. (ix) The accumulated amounts lying in the escrow account established by the transporter along with interest and any other earnings thereon shall be deposited by the transporter into the escrow account established by Board within thirty days from the commencement of the Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Amendment Regulations, 2019. The transporter shall submit year-wise, pipeline-wise and shipperwise details of total imbalance and overrun charges received by it from all the shippers, details of deposit of such charges in its escrow account, details of withdrawal from such escrow account and details of interest or any other earnings from such escrow account up to the date of transfer of whole amount to the escrow account operated by the Board along with a certificate from a Chartered Accountant certifying these details within ninety days from the commencement of the Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Amendment Regulations, 2019, and further, if transporter deducts or retains any amount from the imbalance and overrun charges received from shippers before depositing it in the escrow account maintained by it in any of the past period, the transporter is required to submit the year wise details thereof along with certificate from chartered accountant to the Board. (x) The Board may issue such interim order as it thinks fit, either on the application of the transporter or on its own, to remove any difficulty in implementing the provisions of clause (ix) where the accumulations are invested by the transporter in deposits maturing beyond thirty days from the commencement of the Petroleum and Natural Gas Regulatory Board (Access Code for Common Carrier or Contract Carrier Natural Gas Pipelines) Amendment Regulations, 2019.] [\*\*\*] [Omitted '(11) ' by Notification No. F. No. PNGRB/M(C)/31 (Vol. III), dated 13.8.2019.] (12) The balance amount available in the escrow account, after the eligible withdrawal by the transporter, under sub clause (10) may be utilized in such a manner and for such purposes as may be specified by the Board. ### 14. Planned maintenance. (1) The transporter is required to draw up and publish a maintenance plan well ahead of time for a defined period identifying those entry and exit points where gas flows may be restricted by maintenance works, the extent of the restrictions and the time of occurrence and the transporter shall plan such maintenance so as to minimize disruption to affected parties and can request information from shippers on their survival flows at entry and exit points to assist the transporter for such maintenance schedule. (2) Dates for scheduled maintenance shall be informed well in advance which can be adjusted on thirty days advance notice to and from affected shippers. (3) The planned maintenance period shall not exceed ten days in a year. ### 15. Information about force majeure. (1) The affected party shall on occurrence of any force majeure - (a) as soon as reasonably practicable notify each of the other parties of the occurrence and nature of the force majeure, the expected duration thereof insofar as the same can reasonably be assessed and the obligations of the affected party performance of which is affected thereby; and (b) from time to time thereafter provide to each other party reasonable details of the following, namely- (i) developments in the matters notified under clause (a); (ii) the steps being taken by the affected party to overcome the force majeure occurrence or its effects and to resume performance of its relevant obligations. (2) The entities shall be relieved of their respective obligations in the event of force majeure except for the obligation to pay when due. ### 16. Operational planning. (1) Shipper shall make daily, weekly or monthly nominations to the transporter for the quantities that it wishes to deliver to at a particular entry point and off-take at a particular exit point from the pipeline system on a daily basis in line with the provisions under these regulations. (2) (a) Transporter shall schedule the quantities of gas for transportation based on the nominations received and capacity available in the pipeline system. (b) Transporter may schedule the nomination for quantities over and above the booked capacity subject to a maximum of ten per cent of the declared pipeline capacity. (3) (a) Transporter shall allocate quantity of gas to various shippers as determined under clause (b) of sub-regulation (2) and as per the scheduling exercise. (b) Allocation scheduled shall be delivered to the shippers as per the destination wise (exit point wise) schedule prepared. ### 17. Emergencies. - The procedures to be followed by shipper and the transporter in the event of an emergency shall be included in the access arrangements by shipper and transporter on mutually agreed terms. ### 18. Confidentiality of information. - All documentation, information, data, submissions and comments disclosed or delivered whether in writing or otherwise by any entity to the transporter, shipper or to any other party either in connection with or in consequence of the requirements of these regulations shall be regarded and treated as confidential and shall not be disclosed either in full or part of any or all of the documentation, information, data, submissions and comments including the contents and copies thereof in any form except in connection with any proceedings in any court. ### 19. Miscellaneous. - If any dispute arises with regards to the interpretation of any of the provisions of these regulations, the decision of the Board shall be final. I --- Format for declaring capacity of Pipeline (see regulation 4(2) ) ### 1. Name of entity: ### 2. Name of pipeline: ### 3. Section wise capacity on the pipeline (to be furnished for each section separately): (a) Number of sections: (b) Name of section with start and end point: (c) Capacity - (i) Volume terms (ii) Energy terms ### 4. Number of AHAs: ### 5. Number' of entry points on the pipeline route: ### 6. Location of entry points: ### 7. Number of exit points: ### 8. Location of exit points: ### 9. Entry point wise capacity (to be furnished separately for each entry point): ### 10. Exit point wise capacity (to be furnished separately for each exit point): ### 11. Technical parameters: (a) Inlet pressure at entry point: (b) Calorific value band at entry point: (c) Temperature: (d) Other elements as per Schedule-II: ### 12. Status of extra capacity available in the pipeline system on common carrier basis: ### 13. Details of common carrier capacity being used by transporter itself or on contract carrier basis: ### 14. Any demand pending with the transporter for common carrier usage of the pipeline alongwith duration of such pendency: ### 15. Preference on entry and exit points: II ---- (see regulations 5(5) , 8(1)(b)(i)) Gas quality specifications | | | | --- | --- | | Parameters | Limit | | Hydrocarbons dew pt (Degree Celsius, max.)\* | 0 | | Water dew pt (Degree Celsius, max)\* | 0 | | Hydrogen Sulphide (ppm by wt. max.) | 5 | | Total Sulphur (ppm by wt. max.) | 10 | | Carbon dioxide (mole % max.) | 6 | | Total inerts (mole % ) | 8 | | Temperature (Degree Celsius, max.) | 55 | | Oxygen (% mole vol. max.) | 0.2 | \*At the pipeline operating pressure. [Schedule - III] [Inserted by Notification No. F. No. PNGRB/M(C) /31 (Vol. III), dated 13.8.2019.] [See regulations 13(10) (v)] Format for providing the information of imbalance and overrun charges Format for proving quarterly information: Information for the Quarter .... of Financial Year 20...-20... | | | --- | | Name of Natural Gas Pipeline: | | | Name of Shipper | Invoiced Amount | Amount Outstanding | Amount Received | | Month 1 | Shipper 1 | - | - | - | | Shipper 2 | - | - | - | | Shipper 3 | - | - | - | | Month 2 | Shipper 1 | - | - | - | | Shipper 2 | - | - | - | | Shipper 3 | - | - | - | | Month 3 | Shipper 1 | - | - | - | | Shipper 2 | - | - | - | | Shipper 3 | - | - | - | | TOTAL | - | - | - | | Taxes and levies (part of invoice, to be deposited with statutory authorities) | - | - | - | | Amount transferred to escrow account | - | Format Providing annual information: Information for the Financial Year 20...-20... | | | --- | | Name of Natural Gas Pipeline: | | Quarter | Invoiced Amount | Amount Outstanding | Amount Received | | Quarter 1 | - | - | - | | Quarter 2 | - | - | - | | Quarter 3 | - | - | - | | Quarter 4 | - | - | - | | Total | - | - | - | | Taxes and levies (part of invoice, to be deposited with statutory authorities) | - | - | | | Amount transferred to escrow account | - | [Substituted by Notification No. F. No. PNGRB/M(C) /31 (Vol. III), dated 13.8.2019.]
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State of Goa - Act -------------------- Code of Comunidades of 1961 ----------------------------- GOA India Code of Comunidades of 1961 ============================= Rule CODE-OF-COMUNIDADES-OF-1961 of 1961 ------------------------------------------ * Published on 15 April 1961 * Commenced on 15 April 1961 Code of Comunidades of 1961 The Code of Comunidades has been amended from time to time and in the earlier translation published by the Government text of different amendments have been appended to the said volume from pages 217 to 249. They are incorporated in the present set translation for the purpose of convenience. Title I Chapter I General Provisions --------------------------------- Article 1. The [comunidades] [[The Code uses the expression 'comunidades'. Dalgado in his LUSO Asiatic Glossary, Vol. I, p. 301, publication of Asian Educational Services: explains that 'comunidades' is a Portuguese name, also adopted in Konkani which conveys an agricultural association of each village of Goa , that possesses from immemorial times, properties in common, income of which accrues in favour of its members. Englishmen adopted portuguese denominations within the shape of 'village community'. The comunidades were in the organ, a sort of 'comune' village all particularly necessary for social life]] or ['gauncarias'] ['gauncarias' means an association of gauncares.] - (association of gaucares) existing in the District of Goa shall be governed by the provisions of the present [Code] [In the same article the general law is the Civil Code.] , and in particular, by the specific statutes governing each of them and in matters where the code is silent, the general law shall apply. § 1. A group of two or more comunidades under one single administrator or the group of several villages forming one single Comunidades, is called [Torofo] [The word 'Torofo' similar to 'sazas' under the Land Revenue Code, conveys the meaning of a group.] - (group of comunidades)- and the provisions by which the comunidades are governed shall be applicable to them. § 2. By statute it implies any written instrument or regulation by which a Comunidades had been governed, and in absence of these, by the practice invariably observed at least for 50 years prior to 1904. § 3. The statute of the comunidades of Goa, Salsete, Bardez, Mormugao are, as mentioned in map 8 which forms an integral part of this code and that of to the other comunidades, shall be formulated within a period of six months from the date of publication of this code by the respective administrative boards and submitted for the approval of the Government which also, after the approval, shall form integral part of the same Map. Article 2. The comunidade and the group of comunidades - [Torofo] [The word 'Torofo' similar to 'sazas' under the Land Revenue Code, conveys the meaning of a group.] , existing at present, are indicated in map No. 1. Article 3. Each Comunidades comprises of: a) members by birth - [joneiros] [['joneiro' and 'zonn', meaning as per Dalgado in Portuguese means 'JONO' from which comes 'jonoeiro'. 'Zonns' are proceeds which are normally received by a 'gauncar'.]] zonnkars ;b) shareholders; c) members by birth and shareholders and d) participants. § 1. The shares of the annual income belonging to Comunidades members by birth - (zonnkars) is called the zonn (profit), and that of the shareholders is called the dividend. § 2. In case of dissolution - of the comunidades by means of distribution of its properties or of its values among members by birth (zonnkars) or shareholders, the holders of these properties substitute in all respect such members by birth (zonnkars) or shareholders subject to all the burden lying over the respective comunidades. Article 4. Only the Comunidades members by birth - (zonnkars) and shareholders are entitled to the profits or losses of the comunidades and only they have the rights and duties that are guaranteed and imposed by this Code to the members of the Comunidades. Sole § For the purpose of this article, the orphan sons of the members by birth (zonnkars) and their widows and unmarried daughters, who are entitled to receive the proceeds of zonn, annuity for service or life-long pension as per the statues of the Comunidades, shall be considered as members by birth (zonnkars). Article 5. The comunidades shall be under the administrative tutelage of the State, in terms established in this Code, and its immovable properties may be granted on emphyteusis and alienated in the manner provided in this Code. Sole § With effect from the year 1962 the comunidades shall cease to pay the (foro) to the National Treasury. Article 6. The canons (foros) payable on emphyteusis, by the comunidades and any other instalments or periodical pensions that they may receive from the emphyteutas, owners, servants or individuals are redeemable, in terms of the general law that regulates the redemption of pension (foro), in all the respects not provided in this Code. Sole § The amount received from the redemption shall be utilized for the purposes prescribed in articles 8, 14 and 64 , No. 4 and for the agricultural development. Article 7. The Comunidades do not enjoy, in regards to the immovable properties, granted on emphyteusis, the right conferred to the grantors, under article 1662 of the Civil Code and its paragraphs, and the said immovable properties may be alienated and divided, however the comunidades shall have the right to increase the pension (foro) at the time of its division, in terms prescribed in this Code. Article 8. The comunidades may request, in terms of law, acquisition of land for public purpose that may be required for irrigation and protection purposes. Article 9. The comunidades are not entitled to file any civil suits without permission of the Administrative Tribunal, save in cases where civil suit is merely of preventive relief or of executive nature or the delay in its filing may result in extinction of the right or any guarantee, in which case the sanction of the administrator be enough. Article 10. The comunidades will be represented in Civil Courts or any other tribunal, Government office, by its regular attorney on duty, or substitute with full powers or by special attorney. § 1. The minutes of the meeting of the election or the order of appointment of the regular attorney, effective or substitute, shall have the effect as that of a power of attorney, but in the event of choice of the special attorney, the power of attorney shall be recorded in the minutes of meeting, in the respective book, specifying the respective power. § 2. The lawyer shall be chosen by the regular or special attorney. § 3. For the purposes of supervision, the attorney shall communicate to the administrator the choice made. However the administrator may change it by a speaking order and in consultation with the managing committee, when it is found to be against the interests of the respective Comunidades, save in case of an appeal or claim against the decision of the Comunidades or of the managing committee or of the administrator. Article 11. The comunidades shall be served with summon in the person of the respective administrator or one who substitutes him. Article 12. For the debts of the comunidades, the attachment may be made on its credits, on the net income, as mentioned in the balance sheet of income or expenditure and on any other profits, but never on immovable properties. § 1. The attachment shall always be carried out through the treasurer of the Comunidades, in presence of the respective clerk, who is liable to inform, within 24 hours, the administrator for necessary action; the clerk-in-charge, dealing with the case, shall mention in the declaration of the attachment, the amount under execution proceedings and the accessories. § 2. As long as the attachment subsists, no extraordinary expenditure shall be voted or approved, except in cases provided in the article 64, No. 3, or when the debt under execution proceedings is guaranteed by the balance in the safe. Article 13. The proceeds of income (zonn) , of the members of the comunidades and the rights to the future profits can be seized or attached for the debts of the same member to the respective comunidades or to their subrogatories. § 1. Barring this case, only the portion of the amount that has matured, from the same proceeds to which the member may be entitled to, at the time of attachment, may be seized. § 2. The clerk of the Comunidades, in view of the authentic copy of the declaration of attachment, which shall be given to him by the clerk who carries out the seizure or attachment, shall inform the administrator and shall make the necessary annotations and entries in the competent books and shall not effect payment of proceeds from the properties seized or attached. Article 14. As soon as there is sufficient fund in the safe, the comunidades can redeem the charges in favour of individual or collective persons, by paying the amount of twenty annual instalments, save the religious charges, which cannot be redeemed. Article 15. The comunidades that have liabilities to clear or charges which may desire to redeem, in terms of preceding article, shall be bound to set apart amount not less than one tenth of its net incomes, in their annual income and expenditure sheet for payment of loans or remission charges. It shall be duty of the administrator to carefully verify the compliance of this disposition, failing which he shall be liable to civil and disciplinary proceedings. § 1. Amount less than required for the purpose mentioned in this article can be kept separately, when the obligations does not exceed one-tenth of the net income. § 2. For the purpose of this article it is necessary that the debts are supported by a legal and valid document. Article 16. All the services that are rendered hereditarily by certain families and paid by usufruct of some specific properties, stand abolished. Article 17. The properties, at present enjoyed by way of usufruct, referred to in preceding article, shall continue to belong to its possessors and the services rendered by them shall be valued and the same shall be converted, as per the assessment, in a pension (foro) in favour of the Comunidades, which pension shall be remain as a charge on the said land. Sole § The valuation shall be done in accordance with the respective terms of the Code of Civil Procedure (Codigo de Processo Civil) in presence of the administrator. The latter's decision is subject to appeal to the Administrative Tribunal. Article 18. The comunidades can create medical posts, in consultation with the Directorate of Health Services, and the selection procedure to fill up those posts shall be conducted in the Directorate of Civil Administration, in terms of general law in force. § 1. The medical posts, referred to in the present article, shall be filled on contract basis, in accordance with the articles 45 to 47 of the Overseas Civil Services Statutes - (Estatuto do Funcionalismo Ultramarino). However the same shall depend on the favorable vote of the concerned comunidades, in respect of the concession of privileges that imply financial burden to them. § 2. The provision in the preceding paragraph shall be applicable to the medical posts existing as on the date of publication of this Code. Article 19. All the fines laid down in this Code and those that may be fixed in the clauses of contracts or of the auction, shall be recovered in terms of title V, when they are not paid voluntarily, and the same shall be reverted in favour of the Pensioners' Bank - (Caixa de Aposentações). Sole § No fine shall be imposed nor any necessary charge made, without the prior hearing of the interested party, who shall be notified, about the same, within the period of five days of the respective decision. The defaulter being free to pay the same voluntarily within same period, from the date of the notification or he may file an appeal to the higher instance, within the time limit prescribed by law. Chapter II Comunidades --------------------------- Section I Members of the Comunidades Article 20. Following are the members of the comunidades in terms of article 3. ### 1. Those who are entitled to receive zonn, either per head or per lineage - (per capita or per stirpes) - and their male descendants by male lineage, legitimate, legitimized, acknowledged as legitimate and adopted, whatever may be their number; ### 2. Those who possess Comunidades shares certificates annotated and registered in their own name; ### 3. Those who have a share in the net income of the Comunidades, whichever may be the nature and denomination of such participations, provided they obtain their registration in their favour in the respective books of the Comunidades, by way of an application addressed to the administrator, supported by the document of transmission. Article 21. The right to zonn, of the members to which the clause No. 1 of the preceding article refers, is personal, inalienable and imprescriptible and it shall only commence from the date of the primary enrolment, save in case when the registration is effected through an appeal, in which case, the right shall be effective from the retrospective date of refusal by the clerk of Comunidades. § 1. For receiving the proceeds of zonn, it is necessary, besides the primary enrolment, the annual enrolment of members by birth - zonnkars. § 2. The right to the proceeds of zonn, stands suspended or lost in the case mentioned in clause (b) of article 379 and stands extinguished on the death of the zonnkar but only after the expiry of the year for which he has been registered. § 3. The proceeds of zonns, the allowances or periodical pensions, prior to the last ten years, stand prescribed in favour of the Comunidades, from the 1st March immediately following the period fixed for its payment. Article 22. The rights laid down in the clause No. 2 of article 20 shall commence from the date of the primary enrolment of the respective shares, and those laid down in No. 3 of the same article from the primary enrolment of the respective participants. § 1. For receiving the dividends of the shares and in order to exercise the rights of the member, it is necessary that registration must be in the administration office and the primary enrolment in the respective Comunidades. § 2. The provisional registration of shares certificates does not confer upon the shareholder the membership right, but only the right of alienation of shares certificates, in the status in which he possesses them; however, the provisional primary enrolment, confers the rights referred to in the preceding paragraph, and these rights are liable for extinction. § 3. The provision of the first part of paragraph 2 and in the paragraph 3 of the preceding article shall be applicable to the dividends from the shares and to the shares of the participants. § 4. When there is impossibility or difficulty for the appearance of the absentee members to collect the proceeds of zonns, dividends of shares certificates, share of participants, allowances and pensions, the Governor-General may authorize the payment to be effected in favour of the one who produces a declaration issued by the concerned party, with the signature duly recognized by the clerk of the Comunidades, and with the undertaking to refund, in case of any complaint being received. § 5. In cases of constitution of [fideicomissum] [See 1866 of the Civil Code.] or reservation of [usufruct] [See 2197 of the Civil Code.] , the registration (averbamento) shall be made in the name fideicomissionare or of the owner and the registration in the name of fiduciary or of usufructuary. Article 23. It is not lawful to make transfer of proceeds of zonn to be accrued in future. Article 24. The shares certificates of the comunidades are transmissible and alienable in terms prescribed in this Code. [Article 25.] [Article 25 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix).] The proceeds of zonns, and interests of any nature of a deceased member and the dividends of the shares registered and inscribed in the name of the deceased member of an inheritance can be received by the head of family, upon production of an order issued by the administrator, based on the certified copy of a pending inventory. § 1. When the proceeds of zonn, amount of interests, or dividends do not exceed [Rupees 500/-] [Substituted for the words '3,000 escudos' by Goa Act 3 of 1998, dated 17-1-1998.] , the interested parties in the inheritance can receive the same, by producing a certificate, issued by the clerk of the Comunidades, to the effect that he had issued notices of claim, within a time limit of 30 days, at the door of a temple of any religion existing in the village, at the door of meeting hall of the comunidades and at that of the respective office of the administrator and published in the Official Gazette, being one of the copy presented to the managing committee, when in meeting, and passed without objection from any of the members, in the respective meeting. Where the amount to be received does not exceed [Rupees 50/-] [Substituted for the words '3,00 escudos' by Goa Act 3 of 1998, dated 17-1-1998.] , the publication in the Official Gazette is dispensed with. [Explanation. - In the Code of Comunidades, wherever any amount is indicated in escudos, the same shall be calculated at the rate of six escudos per rupee.] [Inserted by Goa Act 3 of 1998, dated 17-1-1998.] § 2. The authorization granted by the administrator, for the purposes of provision in this article, shall be valid for the subsequent years and shall subsist until the inheritance, in the inventory proceedings, has been finally partitioned. § 3. If the objections are disputed or when there is litigation pending about the legitimacy of heirs, the proceeds, the interests and the dividends shall be retained on deposit in the safe of the Comunidades and the objection shall be attached to the file of proceedings. In this case, the prescription provided in paragraph 3 of articles 21and 22 of this Code shall not be applicable. § 4. The provision of this article and its paragraphs shall be applicable to the pensions dealt with in the article 202. Article 26. The following are the powers of the members of the Comunidades: ### 1. To intervene, discuss and vote in the meetings of the Comunidades, and record any protests in the minutes of the meeting; ### 2. To be elected or appointed for the posts of the Comunidades; ### 3. To make up for the deficit; ### 4. To request the president of the managing committee to convene a meeting of the Comunidades by a petition duly supported, mentioning clearly the reasons for it and signed by more than five components, or by three in the comunidades where the number of members is less than fifty. The petition may be made on ordinary paper; ### 5. To call for, by a letter addressed to the president, an extraordinary meeting the managing committee, by indicating the matter to be discussed. In case the president does not convene the meeting, they can appeal also by a letter addressed to the administrator, who shall decide as deems proper; ### 6. To consult, orally or in writing, the managing committee, in session, about any matters that they feel to be of the interest of the comunidades, and to submit proposals, which shall be recorded in the minutes of the meeting; ### 7. To examine the income and expenditure sheets, the calculations for the auctions and its conditions, the final accounts, the record books and the account books of the Comunidades and the extraordinary budget heads, at periods and the forms stipulated in this Code; ### 8. To appeal against the resolutions of the Comunidades and of the managing committee and the orders or decisions of the administrator and of the authorities and higher courts and, in general, to submit complaints on the matters which are of the interest of the Comunidades; ### 9. To report the defalcation of funds of the 'comunidade', the encroachment of its lands and other unlawful acts, as well as any misconduct or error of the employees and agents of the comunidades. Article 27. [\*\*\*] [Article 27 omitted by Goa Act No.3 of 1998 dated 17/01/1998. (See Appendix)] | | | --- | | Article 27.The powers referred to in clauses 1 and 4 to 9 of the preceding article may be exercised through the attorney, legally constituted. However, for the purpose of paragraph 1 of article 48 specific powers are required to be given. § 1. It is also permissible for each specific case to use, by way of declaration in writing, in a paper of any quality and format, with the signature attested by the notary or by the clerk of the respectiveComunidades, for the acts referred to in the body of this article. § 2. When a member does not know to sign, his declaration shall be made by the notary, drawn in the presence of two witnesses. | [Article 28.] [Article 28 has been amended by Goa Act No.3 of 1998 dated 17/01/1998. (See Appendix)] The following persons are not permitted to participate in the deliberations of the Comunidades: ### 1. The non-emancipated minors and the interdicts, however may be allowed through their legal guardians; ### 2. The debtors to the Comunidades or the [subrogatories] [See Section 778 of the Civil Court.] of the latter, held as such, on whom notice for payment of debt on current account has been served; ### 3. Those who may have filed suits or have disputes with the Comunidades, in the matter relating or connected with the same suits or disputes; ### 4. Those who have been barred from voting by a judgement that has become definite in cases provided for in this Code; ### 5. Those who are directly interested in the subject matter of the deliberation, or when any of their ascendant or descendant, spouse or relative, in the transversal line up to the 2nd grade, is interested in it. ### 6. The foreigners. § 1. For the purposes of No. 1, the clerk of the Comunidades shall make a note on the margin of the respective registration or inscription, mentioning the name of the legal representative or the minor or incapable person. This note may be made on verbal request of the interested party on presentation of a document proving the said representation, which may be cancelled based on the respective document submitted. And in either cases, the documents which have been presented shall be filed. § 2. The provision of the No. 6 is not applicable in case of the descendents of the Portuguese subjects. Article 29. The following cannot be either voted for or appointed for the posts in the Comunidades: ### 1. The shareholders, whose income in the Comunidades, when the same is composed also of members by birth (zonnkars) , is not, at least, equivalent to the minimum quota belonging to any of the zonnkars and, in the comunidades, exclusively comprised of shareholders, when the number of shares is greater than 500, those who do not possess, at least, five shares; ### 2. The non-emancipated minors and the interdicted; ### 3. Those who are indicted on the final judgement that has become definitive and those who have been sentenced for the crimes referred to in paragraph 4 of article 12, of Overseas Civil Services Statute (Estatuto do Funcionalismo Ultramarino); ### 4. The debtors to the Comunidades or to subrogees, of the later, held as such, against whom a suit or execution is pending or even against whom a note of payment of debt in current account has been served; ### 5. The employees of the cadre of the civil administration, the members and employees of the Administrative Tribunal and the subordinate officials to the administrator; ### 6. The relatives of the administrator up to the 3rd degree; ### 7. The members of Comunidades of either sex who may not know to read or write and count in Portuguese; ### 8. The foreigners. § 1. The condition referred to in No.7 may be waived in the talukas of Ponda, Bicholim, Quepem, Pernem, Sanguem and Canacona, where voting or appointment shall be made of persons who have knowledge of Marathi, excepting, in regard to the post of president of managing committee, whose incumbent should have at least passed 4th standard of primary education in Portuguese language. § 2. The relaxation referred to in paragraph 2 of preceding article is applicable to the clause 8 of this article. Section II Powers of the comunidades Article 30. The Comunidades shall: ### 1. Elect every three years the ordinary attorneys and its substitute, in the form provided in this Code; ### 2. Appoint a special attorneys, when necessary, or have their services dispensed with according to circumstances and the interests of the Comunidades; ### 3. Opine on the statement of income and expenditure, the estimates for the ordinary and extraordinary auctions and their conditions, and on the finalisation of the accounts and the extraordinary budgets; ### 4. To deliberate on: (a) The works and the extraordinary expenses to be incurred; (b) The loans to be borrowed; (c) Creation or abolition of medical posts, extension of the period of its duration and maintenance of the same, as well as the creation or abolition of any services or charges of permanent nature; (d) Introduction of the non-saline and saline water in the khasanas - ['casanas'] [casanas - Low lying paddy fields at the side of the river or water course, with a bund to prevent inundation.] ; (e) Acquisition of lands; (f) Emphyteusis, sale or exchange of land; (g) Institution, admissions, withdrawal and compromise of civil suit; (h) Extension of time granted for utilization of land granted on emphyteusis; (i) About the grant of rebate (quita) to the leaseholders; (j) And in general, about all the extraordinary acts not provided for in the statement of income and expenditure or in the provisions of this code, as well as relating to any matters about which the opinion is called for. ### 5. To appoint and dismiss peons or criers, determining their rights and obligations. Article 31. The deliberations referred to in Nos. 1 and 2 of the preceding article are executable immediately; Sole § The deliberations referred to in clauses (a) to (f) and (h) to (j) of No. 4 of preceding article shall be devoid of any enforce ability without the approval of the Governor General, without prejudice to the consultation with the Directorate of Health Services regarding creation of medical posts. Article 32. The creation of expenditure of permanent nature or of any extraordinary expenditure for the purposes, other than relating to the Comunidades, may only be voted by two-thirds of the share capital. § 1. When the Comunidades, duly convened, for two successive times, does not meet so as to meet the requirement of two-thirds of its share capital, the expenditure can be voted for the third time, as per ordinary procedure prescribed in this Code, and with consent of the twenty majors shareholders of the Comunidades, when such members exist. § 2. The members of the comunidades, who contribute for the construction, reconstruction or repair of the cemeteries shall pay, not more than two-thirds of the ordinary burial charges. Section III Meetings of the comunidades Article 33. The Comunidades shall have four ordinary meetings per year, and extraordinary meetings, as and when necessary. § 1. The ordinary meetings shall be held in the first fortnights of March, April, May and December, each of them shall be preceded by an announcement by beat of drums, through different wards of the village, and by notices affixed on the doors of the meetings hall and of the temples of any religion existing in the village. § 2. The extraordinary meetings shall be convened by order of the president of the managing committee, with beat of drums and announcements in the same form as per the preceding paragraph, by making known in these notices, express and clearly the matter or matters to be dealt with. § 3. Whenever the subject referred to is the one of clauses of No. 4 of article 30 and article 77, the notice of meeting shall be published in the Official Gazette and, at least, in one newspaper, if any, existing in the respective taluka, no less than fifteen days in advance , in addition to the announcement by way of beating of drums and public notices, as prescribed in the preceding paragraph, though the subject ought to have been to be discussed and voted in an ordinary meeting. § 4. All the meetings of the Comunidades shall be held in the respective villages, in the building designated for this purpose, the same however may be held in the headquarters of the administration office or in any other place, when the Governor-General, for special reasons, so determine. § 5. In the extraordinary meetings, only the subject or matters that may have been expressly announced, may be dealt with. § 6. The deliberations taken in contravention of the preceding paragraphs are null and void. [Article 34.] [Article 34 has been amended by Goa Act No.3 of 1998 dated 17/01/1998. (See Appendix)] - The Comunidades may deliberate when 25 of its members, with the right to vote, are present personally or by their proxy in the comunidades having more than 100 members; 15, in which there are more than 50 and less than 100; 9, those having more than 25 and less than 50; and 5 having less than 25. § 1. However, the Comunidades may be considered as constituted and may deliberate with the number of members less than indicated in this article, when the members present are more than one-third of its share capital. § 2. Save in the cases referred to in paragraph 1 of article 32, the president of the managing committee shall not consider the Comunidades as duly constituted, if there may not be represented in it, at least two-thirds of its share capital, in cases provided in this Code. In this case of irregular meeting, those present shall be responsible for the loss and damage that the Comunidades may suffer and the deliberation or deliberations taken shall be null and void. [Article 35.] [Article 35 has been amended by Goa Act No.3 of 1998 dated 17/01/1998. (See Appendix)] - The deliberations of the Comunidades are to be taken by absolute majority of the votes by the members present, personally or by their proxy, or even, by the declaration of vote. Sole § In cases where the voting is done by representation of the share capital, the deliberations shall be taken by absolute majority of such representation. Article 36. In cases foreseen in clauses (a) , (b), (c), (g), (i) and in the first part of clause (j) of clause 4 of article 30 and, in general in all the matters that may relate to extraordinary incomes and expenditures and to the sale or exchange of the land of the Comunidades, the voting on the respective deliberations shall be done by the system of the representation of share capital. Article 37. The sessions of the Comunidades are public and are chaired by the president of the managing committee or his substitute and, in the impediment of both, by the eldest member, the minutes being drawn by the respective clerk. § 1. When more than one Comunidades or of its respective managing committee meet, in a joint session, to deal with the matters of common interests, the president of managing committee, designated by the administrator, shall preside, and in this case, the clerk of the same Comunidades shall act as the clerk who shall write the minutes in the book in his charge and immediately forward one copy of it to the clerks of other comunidades taking part in the meeting, to be written in the respective minutes book. § 2. In order to have a combined meeting held or to take deliberation, it is necessary that there must be present, as many members as would have been required for each of the individual Comunidades to hold separately a meeting. And in this case, the disposition of previous articles, relating to the convocation of the meeting and voting, is to be made applicable. Article 38. When the Comunidades duly convened does not meet, or when no majority could be achieved on any subject submitted to its deliberation, the respective powers for its approval, shall be passed to the managing committee, with the exception to the event referred to in the article 32, in which there is no room for any relaxations. Section IV Managing Committee [Article 39.] [Article 39 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] - The affairs of each Comunidades shall be managed by an managing committee chosen every three years in the manner prescribed in this Code. Article 40. The managing committee is comprised of three members: president and two members, one of whom shall be the attorney and the other the treasurer. [Article 41. [Article 41 inserted by Goa Act No. 3 of 1998 dated 17/01/1998.] The board shall be elected by the Comunidade from amongst the able components, including share holders, preferably those residing in the village. When the Comunidade is not constituted for election of any of the members of the board, the same shall be appointed by the Government from amongst the able components, including share holders, preferably those residing in the village.] | | | --- | | Article 41.The president of the committee and his substitute shall be appointed by the Governor-General, from amongst the qualified members, preferably resident in the village, but in duly justified circumstances, persons unrelated to thecomunidadesmay be appointed. The attorney and his substitute shall be elected by theComunidades, from amongst the qualified members. The second member and his substitute shall be elected by the twenty major shareholders who are qualified members. § 1. When there are not twenty major shareholders in theComunidadesor when theComunidadescomprises exclusively of members by birth - (zonnkars) , the second member may be appointed by the Governor-General, from amongst the qualified members. § 2. When theComunidadesis not duly constituted for the election of the two members of the committee, they may be appointed by the Governor-General, from among the qualified members, preferably resident in the village; but in duly justified cases, unrelated persons other than belonging to theComunidades, may be appointed under the proposal of the administrator. | [Article 42.] [Article 42 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] - For the purpose of constituting the managing committee, two lists shall be prepared every three years, by 31st August, by the clerk and the attorney of the Comunidades, based on the accounts of the last three years and of the registers of members by birth - (zonnkars) and shareholders, in accordance with the terms of this Code. One of the two lists shall be of all the qualified members and the other of twenty major shareholders who are qualified members. § 1. [The list] [Substituted for the words 'Each of the lists' by Goa Act 3 of 1998, dated 17-1-1998.] shall contain: a. The serial number; b. Name of the member; c. His status as shareholder or members by birth - (zonnkar) ; d. Residence; e. Age, when available; f. Family relationship, if any, up to the 3rd degree which exists among different members; g. Number of shares held, in case of shareholder or the social interest that each member by birth - zonnkar has in relation to the share; h. Educational qualifications of the member. § 2. When, for the preparation of the list of twenty major shareholders, there are two or more members with the same social interest and all of them cannot be included in the same list, then the member who is senior in age shall be included, till the number make up the total of twenty. § 3. The documents submitted by the parties for the purposes of clause (h) shall be returned to them, once the list referred to in the preceding paragraph has been approved. Article 43. After the lists have been publicly displayed for a period of eight days, from the 2nd September and the copies of the same affixed on the door of the committee meeting's hall and any of the temples of any religion, existing in the village, an appeal may be filed to the administrator, on a plain paper, within the same period. Article 44. The administrator shall give his decision, within the fixed period of five days, without fail, and the said decision shall be made public in the entry book of the administration office, against which an appeal may be filed, also on plain paper, to the Administrative Tribunal, within the period of eight days. This appeal shall also be decided within eight days. § 1. The appeal is exempted from the payment of cost and stamp fees. § 2. Once the decision is given, the secretary of the Administrative Tribunal shall immediately send a copy of the judgement to the respective administrator of Comunidades, for compliance. Article 45. The clerk of the Comunidades, after making the rectification, as required by the higher authorities, shall affix again, in the presence of two witnesses, the rectified lists, by the 15th November, after being countersigned by the president of the committee, who shall verify, under his responsibility, if the said decision has been duly complied with. Sole § Two copies of the finalized list of members shall be forwarded by the clerk to the administration office by the 20th November. Article 46. The clerk who fails to affix the lists or to forward them to the administrative office, within the prescribed time limit, shall be penalized by the administrator with the fine of 120 $ to 300 $. [Article 47.] [Article 47 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] The elections of the members of the managing committee shall be held [on any Sunday in the month of December or January prior to the three yearly period in which they should start functioning] [Substituted by Goa Act No. 3 of 1998 dated 17/01/1998.] . § 1. For the purposes of the provisions of this article, the Comunidades [\* \* \*] [Words Omitted by Goa Act No. 3 of 1998 dated 17/01/1998.] shall be convened by the administrator, by notices published in the Official Gazette and public notices affixed on the door of the hall of the committee meeting and of the temples of any religion existing in the village, in not less than twenty days in advance. § 2. The fixation of the days of elections, referred to in the present article and the preceding paragraph shall be set by a single notice for all the comunidades of the taluka. § 3. The possibility of holding elections on the same day for two neighbouring comunidades should be avoided. [Article 48.] [Article 48 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] The election committee for the attorney and his substitute and of the treasurer and his substitute, shall be composed of the president of the committee, the attorney and the clerk and the former shall be the president of the said committee. § 1. All the elections shall be held by open ballot and each list should have one name for the effective member and another one for his substitute. The voting shall be conducted by the listing of the electors present personally or by proxy and of the absent electors by declaration of vote. § 2. The minutes of the elections shall be recorded by the clerk in the minutes book of the comunidades, mentioning therein all facts occurred including any protests and declaring at the end, the names of the members elected. This shall be announced by the president in the light of the votes counted by the said committee. [Article 49.] [[Article 49 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix) Article 49 has been amended by Goa Act No. 49 of 2001 dated 04/04/2001. (See Appendix)]] - In the case of any irregularity in the election, any member of the Comunidades, with voting right, may appeal to the Administrative Tribunal, within five days and the proceedings of the appeal shall be drawn up on plain paper. Sole § The Administrative Tribunal shall decide the appeal, within eight days and, if the election is annulled, the Comunidades or the twenty major shareholders members, shall be convened again, following the formalities prescribed in the article 47, in order to hold a fresh election in accordance with the decision of the Tribunal. [Article 50.] [Article 50 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] - Persons who have served as members of the managing committee shall not be appointed or elected as such, before the expiry of a period of three years, save in exceptional and duly justified cases. Article 51. In the comunidades where it is not possible to select three qualified members, the managing committee shall be appointed by the Governor-General, based on the proposal of the administrator and in the manner he considers most convenient. Article 52. The managing committee shall assume office within the first three days of the month of March of the first year of their management and the president shall inform the administrator about the installation and in case, when there had been any misappropriation of funds in the accounts, whether the same has been repaid. Sole § The members of the managing committee, appointed or elected, shall continue until they are legally substituted. Article 53. The managing committee may deliberate, when in addition to the president or his substitute, one of its members, with right to vote, is present. In event of a tie the president shall have the casting vote. § 1. In case of a simultaneous impediment of the president and his substitute, the oldest effective member shall preside. § 2. The relatives up to the 3rd degree under civil law, are barred from acting as committee members. Article 54. The clerk of Comunidades is an ex-officio member of the managing committee, but he can give only advisory opinion which can be recorded in the minutes of the proceedings. Article 55. The managing committee shall hold twelve ordinary meetings in a year, - the first shall be in the first three days of March and the others on the first Sundays of the months of April to February. § 1. The first meeting of the year is meant for dealing expeditiously with the affairs of the month and for the scrutiny of the accounts of the management of the previous year, giving its opinion on the same, checking the balance in the safe and handing it over to the new committee. § 2. When so requested by the respective committee, in special cases, or when the clerk of the Comunidades is common to more than one Comunidades, the administrator may designate any other day for the ordinary meetings. In this case the clerk of the comunidades shall publish this change in the Official Gazette or in any other periodical of the taluka, if any, and by way of notices affixed, at least ten days in advance, in places indicated in article 43. § 3. The meetings shall be open to public, and held in the building meant for that purpose, unless the committee may have to conduct any inspection in the properties of the comunidades and shall start at 9.30 hours, except when other time may have been fixed by the administrator, for reasons mentioned in the preceding paragraph. In that case the comunidades clerk shall make public the time fixed, by means of notices published in any newspaper of the taluka and affixed in places indicated in article 43, with an anticipation of ten days. Article 56. The president of the committee corresponds officially with authorities and government departments of the taluka. [Article 57.] [Article 57 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] In the comunidades, where the revenue obtained from the average of last three trienniums is less than 30.000 $, the allowance paid for each meeting shall be of 18$ for the president and 9$ to each of the other members of the committee, with the exception to the clerk of Comunidades. When the revenues are greater than this amount, the allowance shall be 30$ and 15$, respectively, there being not more than thirty paid meetings per year, unless in cases of triennial auctions, when the allowances may be increased to the total of forty-two meetings. § 1. The president of the committee or whoever substitutes him, and the attorney and his substitute shall also be entitled to the allowance due to them when they take part in the meetings of the Comunidades. There shall be not more than ten paid meetings a year. They shall not be entitled to this allowance when the meetings of the Comunidades and of the committee are held on the same day. § 2. When the number of Comunidades meetings or of the managing committee, exceeds the fixed number, the value of the allowance corresponding to this total number shall be divided by the number of meetings held. § 3. The allowance shall not be paid, just because the non-holding of meetings of the comunidades and of the committee have been recorded in the respective reports of the meetings of the Comunidades. § 4. In the cases, due to the fault of the clerk of comunidades, the minutes of the meeting has not been written, the committee members shall be entitled to the remuneration which shall be paid by the clerk, by order of the administrator. Article 58. The president and the members of the committee shall be entitled to the travel allowance, regulated in accordance with the provisions laid down in the annexed table, this right being restricted to the number of meetings fixed in the body of the preceding article. § 1. The travel allowance for the president and the attorney shall not be paid in double when the meetings of the committee and of the comunidades take place on the same day and in the same village. § 2. The travel allowance shall be paid from the usual residence of the managing committee. Article 59. When the meetings are held on the application of the parties, the allowances and transportation of the members of the committee shall be borne by them. Sole § The requesting party shall deposit, in advance, the required sum in the hands of the clerk of the Comunidades who shall issue a receipt to the interested party. Article 60. No remuneration or travel allowance shall be paid by the Comunidades without order from the administrator. Article 61. In Comunidades where there is a deficit, neither remuneration nor travel allowance shall be paid. Article 62. The member of the committee who, for a just cause, is unable to attend a meeting, should intimate the clerk of this fact so that his substitute could be summoned by giving him directly the required notice. Article 63. The members of the committee who are unable to attend, on valid reason, the meeting or for any act where their presence is mandatory, should intimate the clerk so that their substitute should be summoned or given the required notice, shall pay each time, the fine of 60$, which shall be imposed by the administrator, after the hearing of the absentee, to whom the clerk shall mandatory furnish information of such absences, failing which the clerk shall be liable to the same penalty. [Article 64.] [Article 64 has been amended by Goa Act No. 13 of 1998 dated 25/05/1998. (See Appendix)] - The managing committee shall have the powers to: ### 1. Lease out property and hold any auction of the properties of the Comunidades; ### 2. Certify the fitness from the bidders of the lands, services and works, as well as all other sureties of others, its committee members being answerable severally in case of insolvency; ### 3. Take steps in cases of breach of the bunds of [casanas] [For definition refer to foot note of 30] , flooding of fields, loss of stored water due to the breach of bunds and of the dike of ponds, risk of collapse of the comunidades building and other similar cases, arrange immediately for urgent repairs and those which are, at that particular time, indispensable, conducting an inspection and assessment of losses suffered, with the help of an expert, if possible. Carry out auction, immediately thereafter, preceded by cries in the village, by giving in writing to the crier the required information and keeping immediately the administrator informed of the facts and measures taken by the managing committee. In the absence of bidders, the managing committee shall execute the work by direct administration (on daily wages basis or job contract) provided that in no case the expenditure exceeds the amount of the estimate, in which case it will be the responsibility of the administration of the comunidades to proceed with inspection within the period of five days of completion of work for the purposes of their taking over. ### 4. Invest, with the sanction of the administrator, the capital of the Comunidades, not reserved for dividends. a. In the purchase of shares of the very same Comunidades, however the same purchase is prohibited in comunidades which do not have members by birth - zonnkars. b. In the loan bearing interest not less than 4% on pawning shares of the comunidades, however when the borrower is the member of the Comunidades the interest shall be 3%; [c. In deposits in such manner as the Government may prescribe.] [Substituted by Act No. 13 of 1988.] ### 5. Lend at the rate of 4 per cent interest, when there is money available in the safe, against pledge of gold and silver or shares of the comunidades, to the tenants of the paddy fields of the Comunidades, an amount not exceeding the rent and other contributions of the tenanted field and never for the period beyond six months; ### 6. Lend in the same way an amount not exceeding 6000$ when there is money available, to any other Comunidades of the respective taluka , duly sanctioned by the respective administrator, at the same rate of interest and for a period not more than one year. Higher amount and for the period more than one year, can also be lent, but with the approval of the Governor-General. The loans shall be given by recording the same in the book of sundry declarations and reports and the acquiring comunidades shall be represented by competent attorney with special powers, to that effect conferred by the board with the observance of all legal formalities; ### 7. Take over the works of the embankments, its paving, closure of breaches and other similar works which form part of the ordinary plan of the comunidades, informing the administrator of the results, within forty-eight hours and affixing copies of the same on the door of the meeting place. The bidders, however can request the intervention of an expert of their choice, but in this case there will be three experts, being the other two appointed, one by the attorney of the comunidade and the other by the administrator. The expenditure shall be borne by the respective bidder; ### 8. Take over all the urgent and extraordinary works value of which does not exceed 1500$, in the manner indicated in the preceding number, except for the provisions in the second part of clause No. 3; ### 9. Deliberate on : (a) Formation of the core group of agricultural labourers, by granting lands and other advantages, and on financial aid to the of People's House (Casas do Povo); (b) Setting up reserve funds and using these and other capital in the works to improve and encourage agriculture, acquisition of improved machines and latest tools, institution and improvement of agriculture related industries connected with agriculture, in the creation of agricultural and livestock insurance schemes, establishment of welfare institutions and social help to its Comunidades members and to the agricultural population of the respective village. The deliberations of the managing committee, in the matters referred to in the items of this clause, shall be implemented only after they are approved by members representing at least, one-third of the share capital, and sanctioned by the Governor-General, after consulting the Government Council; ### 10. Authorize the payment to the contractors of the ordinary services after taking delivery referred to in the preceding clause, and the payment shall not be made before fifteen days from the date of taking over. In case of complaint against the execution of these services, the administrator shall immediately order the suspension of the payment and shall directly and obligatorily inspect the work. The expenses of this inspection shall be borne by the complainant, when it is proved that the complaint was baseless, to which the respective administration office shall obtain an adequate declaration of responsibility from the complainant; ### 11. Perform all the necessary steps required for the administrative and financial management of the comunidade. [Article 65.] [Article 65 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] The expenses incurred or already paid, to meet the cases foreseen in clause 3 of preceding article, require the approval of the Governor-General, with prior hearing of the twenty major shareholders of the Comunidades, when such an expenditure exceeds the amount of 3000$ for each work and the sanction of the administrator, when it is of lesser amount. § 1. For this purpose, the clerk shall send the statement of expenditure incurred, duly countersigned by the president of the committee, with the opinion of the twenty major shareholders of the Comunidades, if necessary, to the administrator, who shall send the same, with his own remarks to the Directorate of Civil Administration, or else shall approve himself the same, if it is within his competence, in terms of the body of the article. § 2. When the amount of the expenses exceed 3000$, or when the administrator thinks it necessary, he shall proceed to inspect the works, along with the technical expert of the Comunidades, before the report is prepared or sanction is accorded or whilst the works are in progress. § 3. The Governor-General shall make the committee responsible, after giving prior hearing to it, for any excess committed in the exercise of its powers provided for it in clause 3 of the preceding article. Article 66. The committee shall express its opinion in all the deliberations that the Comunidades adopts on the matters of its competence. Article 67. The members of the committee and its substitutes are expressly prohibited to bid or to stand surety in auctions, directly or through dummy party. Sole § By dummy party means: the spouse of the interdict person, the individual who may be presumed hair, the nearest relative with whom he may live in common domestic economy and any third person who, in collusion with the interdict member, bids or subsequently transfer to him the thing auctioned. Article 68. The members of the committee who violate the provisions of the preceding article shall be liable to pay a fine from 300 $ to 3000 $, which shall be imposed by the administrator, following an enquiry and cannot be reappointed to the post or be re-elected during the period of three to nine years, as set also by the administrator, depending on the seriousness of the case. Article 69. The members of the managing committee, appointed or elected, cannot decline the post, except if they have obtained the exemption from the Governor-General and are liable for payment of a fine of 300$, imposed by the administrator, in case they fail to obtain the said exemption and cannot be appointed or re-elected during the period of nine years. § 1. When any of the elected members do not take charge of the office, with or without obtaining the respective exemption, the Governor-General shall appoint one who will substitute him till the end of the triennium. § 2. The following shall be grounds for the grant of exemption:- ### 1. Age more than 67 years; ### 2. Suffering from diseases that prevents him from discharging the respective functions; ### 3. Residing beyond 5 kms. from the head office of the comunidades; ### 4. Holding a public office; ### 5. Any other ground that the Governor-General deems fit; Article 70. When the committee fails to meet for two consecutive times, on the days fixed for the meetings, it is the duty of the administrator by his order, to adopt the resolution that would have been taken and may propose the dissolution of the elected part of the same committee, in case he deems fit. § 1. The elected part of the committee may only be dissolved by the Governor-General after conducting an inquiry in which it is proved that its performance was against the interests of the comunidades. In this inquiry the defendants must be given a hearing. § 2. In the cases of dissolution, referred to in this article and preceding paragraph the Governor-General shall appoint, till the end of the triennium, persons who shall substitute the members affected by the dissolution. § 3. The members of the managing committee affected by the dissolution shall not be reelected before completing nine years from the dissolution and shall pay the fine of 300$. Article 71. The president has the right to appeal to the administrator against the deliberations of the managing committee which are enforceable without sanction of the higher authority and the administrator may order the immediate suspension of execution of the deliberations and take steps that think fit, to avoid any loss to the Comunidades, by deciding the matter of the appeal within forty-eight hours. Article 72. The president is specially empowered to: ### 1. Conduct the works of the meetings of the managing committee and of the Comunidades; ### 2. Maintain order in the meetings hall, ordering the expulsion of any persons who disturb the same; ### 3. Bring to the notice of the administrator of any irregularities which he notices in the comunidades services; ### 4. Order the seizure of produce taken away by the leaseholders of the fields without prior payment of the rent; ### 5. Request the assistance of the authorities and the public force whenever necessary for protection of the rights of the Comunidades and maintenance of order in the comunidades and committee meetings; ### 6. Exercise other rights and fulfill all the obligations imposed on him by this Code; ### 7. Submit to the administrator, every year, till 31st January, a report of all important facts occurred during the preceding year; ### 8. Inspect the services of the office of the clerk of the Comunidades and the compliance by the said clerk of his duties and obligations informing immediately the administrator of any irregularities observed; § 1. For failure to comply with the provisions prescribed in clauses 7 and 8, the president shall be liable to pay a fine of 300$ to 600$, imposed by the respective administrator. § 2. Against the acts exercised by the president of the managing committee an appeal lies to the administrator and against decision of the latter appeals, as provided in this Code, may be filed depending on the nature of the matter. Section V Attorneys Article 73. In each Comunidades there shall be one attorney effective and one substitute attorney, elected for a three years term, in accordance with article 41, or appointed by the Governor-General, as laid down in paragraph 2 of the same article. Article 74. The attorney, who has been found to be harmful to the interests of the Comunidades, shall be suspended by the administrator and dismissed by the Governor-General, upon the report or proposal of the administrator and hearing of the interested party. Article 75. The attorney of the Comunidades shall be its representative and its controller who shall have the following powers:- ### 2. Represent the Comunidades before any courts and offices or public authorities; ### 3. Bring to the notice of the authorities or the Comunidades the irregularities on the part of employees and agents and the encroachment of land. He may even challenge the encroachment in terms of articles 486 and 2354 of the Civil Code; ### 4. Attend the comunidades meetings and take part in its deliberations and in the works of enrolment and registration of the zonnkars, in the closing of the enrolment of shareholders, in the auctions and charges, in the preparation of the statement of income and expenditure and the list of qualified members and of the estimate, in final accounts of comunidades and in all inspections made by the managing committee or by the administrator of the fields, services and extraordinary works; ### 5. Supervise the ordinary and extraordinary services and extraordinary works; ### 6. Submit, within fifteen days, at the administration office or in the registrars offices -"Conservatorias" the conditions of auctions, security and other required documents to effect the registration of the pledge of shares or to register the mortgage, under penalty of being responsible on subsidiary basis, if he fails to do the same; ### 7. Appeal against all the deliberations and orders which are against the interests of the Comunidades and in those cases where the appeal is compulsory; ### 8. Take all the steps required for a good administrative and financial management of the Comunidades. Article 76. The clerk shall issue to the attorney, as many copies of the minutes of his election, as asked by him, authenticated with his signature and the embossed seal of the Comunidades. Sole § The clerk who refuses to issue to the attorney, within three days, the copies referred to in this article, when its number does not exceed nine, shall be disciplinary punished. Article 77. The Comunidades may, at any time, by holding a meeting following the formalities prescribed in this Code, dismiss the elected attorney effective or substitute, when his action is proved to prejudice the interests of the Comunidades and elect another one in his place. Article 78. The attorney is bound to comply with the provisions of article 379, within fifteen days, from the date of notice, which shall be accompanied by the handing over of the papers or documents which shall serve as basis for the suit and such notice and handing over, should be made by the secretary of the administration office. § 1. Within ten days from the filing of the suit, the attorney shall place before the administrator the certificate of having filed the same, failing which he is liable to pay a fine of 180$, imposed by the same administrator. § 2. The administrator who fails to impose the penalty referred to in the last part of preceding paragraph shall incur the penalty of suspension for fifteen days. Article 79. The special attorney authorized to take part in a suit representing the Comunidades, shall follow the same till the end, even after expiry of the term for which he was appointed, unless the Comunidades expressly withdraws the powers conferred. Sole § If the suit is filed by the regular attorney, the lawyer appointed by him shall follow the suit, even if the attorney ceases to exercise his functions and until such advocate is legally substituted. Article 80. If, after filing the suit, the attorney allows it to remain pending for more than three months, the administrator of the comunidades, after first hearing the said attorney and granting a period of three days for his defence, shall, by an order, impose the fine of 150 $ to 900 $, besides barring him from holding any post in the Comunidades for a period of three to nine years with all civil consequences. Article 81. The attorney is bound to appeal against all the final judgements and orders which put an end to the suit, when they are not favourable to the Comunidades. Article 82. The attorney who recovers the active debts of the Comunidades, through administrative or judicial means, after effecting the attachment, shall be entitled to 3 percent of the capital collected, paid by the debtors, and when the collection is done prior to the attachment, but after ten days have passed since the summons for execution were served, he will have right to 1 per cent, also paid by the debtors. Article 83. The attorney can officially enter in correspondence with the administrator, president of the managing committee and the clerk of the comunidades in all matters of the interest of the Comunidades. Section VI Clerks of the comunidades Article 84. Each Comunidades or group of comunidades shall have one clerk -escrivão - of 1st, 2nd and 3rd class, as per the Map - 2-II annexed. § 1. The offices of the 1st class clerks of the comunidades of Carambolim, Chorão-Caraim-Passo de Ambarim, Calapur-Cujira, Jua, Serula, Margão and Curtorim shall have one assistant clerk with the category of 3rd class clerk. § 2. The Governor-General shall create posts of assistant clerks in the clerks office of the Comunidades where the need of services so justify. Article 85. The clerk (escrivão) shall furnish a security, before the administrator of 12.000$, 6.000$ and 3.000$, according to whether they are of 1st , 2nd or 3rd class comunidades, respectively, of immovable properties situated in this State, shares of the comunidades, pledge or cash, and based only on this document proving the said pledge, the Directorate of Civil Administration Services shall issue the necessary orders for taking charge of the office. Sole § In the case of transfer of the former from one Comunidades to another, the security furnished in the former Comunidades shall be considered as valid and subsist for the second, on a declaration to that effect, without prejudice to the liabilities which the clerk might have incurred at the same, reinforcement of the security being required, if necessary. Article 86. The clerks, who fail to recover the accounts of the debtors of the comunidades and the final accounts of the year, within the time limits prescribed in this Code, shall be liable to pay a fine equivalent to one-third of their annual pay, which shall be imposed by the administrator, besides being jointly responsible with the debtors for the amounts outstanding, without prejudice to the disciplinary action. Article 87. The clerks are subject to the general disciplinary rules for the [public servants] [See Statute of Overseas Civil Service.] , enjoying rights and duties of the same, without prejudice to the provisions of this Code. Sole § The clerks are forbidden to intervene, as expert witnesses, in comunidades proceedings, save in cases in which such intervention is required by this Code or derived from the nature of duties they perform. [Article 88.] [Article 88 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix).] - The clerks of comunidades - shall, in particular, be bound to:- (a) Keep the book and accounts; (b) Keep custody and maintain the archives, which they can do at their own residence, with permission of the administrator when the Comunidades does not have its own building, for that purpose; (c) Effect the service of summons and notices in the area of the respective Comunidades; (d) Provide information which the administrator may require, within the period of five days and the necessary clarifications that may have been requested by any member; (e) Submit accounts, presenting himself for this purpose in the administration office, in terms provided in this Code, being civilly responsible for the same; (f) Effect the service to the attorney to initiate the filing of suits and execution proceedings, by handing over, at the time of service of notice, the necessary documents; (g) Effect the service, within three days, to the attorney of the Comunidades, of the notifications, orders and instructions that may have been received from the higher authorities, issuing copies thereof, when demanded; (h) Perform all other duties that is bound to fulfill as per the provisions of this Code or others which may be imposed. § 1. The duties referred to in clause (a) may be carried out by the assistants, selected by the clerk and under his own sole responsibility; § 2. The clerk's assistant shall assist him in the work of maintaining the records, accounts and maintenance of archives, as well as in serving notices, when entrusted by the same clerk. Article 89. The clerk of the comunidades and their substitutes shall have their residence obligatory at the seat of the Comunidades they serve and shall follow the working hours of the government offices, in which they shall be supervised by the presidents of the managing committee and administrators of the comunidades. § 1. In the comunidades, which are grouped together, the clerk shall follow the working hours in all the comunidades which form the group, on the day or days that may be established by the Director of Civil Administration Services, on the basis of recommendation from the administrator and published in the Official Gazette. § 2. The weekly rest day for the clerk of the comunidades and their substitutes shall be determined, in accordance with the needs of service, by order of the Governor-General. Article 90. The clerks shall correspond officially with the members of the committee and with the administrator. Article 91. The clerks shall have full faith and credit in the acts performed within their powers, but the certificates issued by them shall be deemed authenticated when they carry the embossed seal of the Comunidades. Article 92. In the comunidades, without clerk's assistants, the clerks shall be substituted, during their absence or impediment, by a reliable person of their responsibility, proposed by them and appointed by the administrator. Sole § A substitute appointed, in this manner, shall jointly be responsible with the clerk and, in cases of substitution due to sick leave, bereavement leave or sickness proven by a medical certificate, in accordance with the law, the substitute shall be entitled to a remuneration corresponding to two-third or half of the salary of the clerk substituted, paid by the Comunidades, depending on whether the substitute is an unrelated person or a clerk of any other Comunidades. Article 93. In comunidades where there are clerk's assistants, these assistants shall substitute the clerk during his absence and impediment. The assistant will be entitled to a remuneration corresponding to one third of the salary of the substituted clerk, which shall be the latter's liability, in the cases not provided for in the sole paragraph of the preceding article. Sole § The provisions of the preceding article and its sole paragraph shall be applicable to the absence and impediment of clerk's assistants. Article 94. The clerks of Comunidades belong to a general cadre and shall be appointed, promoted and transferred by the Governor-General, under the terms prescribed in the present Code. Sole § The appointment of the clerks of comunidades in the talukas of Quepem and Pernem and their respective salary shall continue to be regulated by their private legislation. Article 95. The filling up of vacant posts of 3rd class clerks shall be done by a competitive practical examinations, held every two years, or earlier, if justified by the needs of the service, at the Directorate of Civil Administration Services, and the minimum qualification required should be the "20 Ciclo" of Lyceum. § 1. The examinations which will have the duration of three consecutive hours will cover the following program: (a) Drafting of a note, report or resolution on a given subject; (b) Knowledge of the Code of Comunidades and about the duties and rights, discipline and workings of services, the Overseas Civil Service Statute; (c) Arithmetic and book keeping of the comunidades; (d) Typing. § 2. The board of examiners shall comprise of two members appointed by the Governor-General, from amongst the heads of offices of the Directorate of Civil Administration Services and the administrators of the comunidades of Goa, Bardez and Salsete, chaired by the Director of Services and one of the heads of section of the 2nd Division being designated as secretary. Article 96. The posts of clerks of 2nd and 1st class shall be filled by competitive promotion procedure and practical test among the clerks of 3rd and 2nd class and auxiliaries of 3rd and 2nd class, respectively, having the minimum of three years' service in their class with good reports. § 1. The competitive procedure referred to in this article shall be held every two years, or earlier, if the exigencies of service so require, at the Directorate of Civil Administration Services and that consist of: Written test of the duration of 3 hours: (a) Drafting of a note, official letter, report or resolution on a given matter subject; (b) Knowledge of the Code of comunidades, and with reference to duties and rights, discipline and functioning of services, of the Overseas Civil Services Statutes; (c) Arithmetic and book keeping of the comunidades; Oral test of the duration of 15 minutes: Oral examination on the matters of the clauses (b) and (c). § 2. The provisions of paragraph 2 of previous article shall be applicable to these examinations. Article 97. The clerks of the comunidades can be transferred to the offices of other comunidades of the same category, when they so apply, within the period fixed for this purpose in the notice published in the Official Gazette by the Directorate of Civil Administration Services and the following shall be the preferential factors for the graduation: ### 1. Greater length of service in the place they occupy, without penalty recorded in the respective personal file; ### 2. Greater length of service in the comunidades. Sole § Clerks, with more than six years in the same position, shall obligatorily be transferred and shall not return to the same position until a further equal period had passed. Article 98. When any post of clerk (escrivão) is vacant and until the Government makes arrangements to fill the same, the administrator shall make temporary arrangement for the performance of the respective functions in terms of general law. If however the clerk of another Comunidades performs the duties, in addition to his own duties, he shall be paid 50 percent of the pay of the post accumulated, besides his own pay. Section VII Treasurer Article 99. In each Comunidades, the member of the managing committee, who is not the attorney, shall serve as treasurer. Article 100. The treasurer shall have the followings powers to:- ### 1. Collect and deposit- in the safe, in accordance with article 105 all the income of the Comunidades as well as the sum of all charges levied as per the provisions of this Code and in terms of the estimates prepared by of the comunidades or the orders of a higher authority; ### 2. Pay to the administration of comunidades, every month and in the first three days of the month, the respective shares in the ordinary and extraordinary [derrama] [Derrama - Compulsory financial contribution from the net revenue to make up the deficit in the budget of the administration office of comunidades.] , to the National Treasury, at the appropriate time, property tax and other taxes due; and to zonnkars, shareholders, consignees and other creditors of the Comunidades, each year or at the proper seasons of the year, as per the provisions of this code or in the respective contracts, or on the orders of a higher authority, the profits, dividends, interest, salaries or other payments; ### 3. Pay, by postal order, whenever possible, and in the proper season of the year, the proceeds, dividends, pensions, consignments or any credits due to religious and charitable institutions, deducting the cost of the postal order from the respective amount; ### 4. Present to the administrator, to be countersigned by him and to the respective clerk, in order to be recorded in the comunidades book, the bills of the payments made to the National Treasury, within three days of the due dates, mentioned in the preceding number failing which he shall be punished, for the first offence, with a fine ranging from 300$ to 600$, and for the second time with suspension from duties. Such penalties shall be imposed by the administrator, after giving due hearing to the person concerned. Article 101. The treasurer, who withdraws cash from the safe of the comunidades and does not put it to the intended use, within the legal time, shall be subject to imprisonment and shall be punished for the crime foreseen in article 313 of the Penal Code. Section VIII Safe and the key-holders Article 102. In each Comunidades there shall be an iron safe with three keys, wherein all the revenue amount, valuables and titles belonging to the comunidades shall be kept. Sole § The safe shall be kept in the comunidades building or in any other place, offering the necessary conditions of security; in special cases and with express authorization of the Governor-General, it may be kept in the building of the administration office or other building situated in the seat of the taluka. Article 103. The key-holders of the safe are the president of the committee, the treasurer and the clerk of Comunidades, who are all jointly responsible for any misappropriation. Article 104. Each of the key-holders has one key of the safe which shall not be opened without the presence of all. Article 105. It is the duty of the key-holders to place in the safe all the income of the comunidades and make payments authorized by law or by order of the higher authorities, and when any of these acts are not performed due to the fault of any of them, on the days designated for this purpose, the person responsible will be liable to pay a fine of 60 $ for each occasion, by order of administrator who can increase it up to five times the said amount, according to the seriousness and consequences of the omission. § 1. The key-holders, who make payments, not authorized by law or by order of higher authorities, shall be jointly and severally responsible before the Comunidades for the amount of such payments. § 2. When any of the key-holder has any doubt about the legality of any payment to be made, he shall suspend the payment and inform the administrator about the doubt, who shall clarify the matter within three days. Article 106. For the purpose of collection of income and payment of expenses, in addition to the days mentioned in article 489, the key-holders shall be present on all the last Sundays of each of the months and on all the Sundays of the months of March to May and September to December, or on all the Sundays, covered by the period designated for the collection of the respective assessment, from 9.30 to 12.30 hrs., in the Comunidades hall when the safes are in the respective village, and from 9.30 to 12.30 hours of the following day in the places where the safes are installed in the building of the administration office or other building situated in the seat of the taluka. Article 107. In the event of an extraordinary opening of the safe, the president and the treasurer shall be entitled to the allowances, designated in the table No. 3, when such openings are made at the request of the party. Article 108. Besides the allowance that the president and the treasurer, receive for attending the meetings of the committee, they are entitled to an annual allowance, authorized by the administrator, corresponding to 2% of the income collected in order to deposit in the safe, out of which one-third shall be to the president and two-thirds for the treasurer, total of which shall not exceed 3000$. Sole § In the Comunidades with deficit, no payment of percentages referred in this article shall be effected. Article 109. In the safes of the Comunidades having 3rd , 2nd and 1st class clerks, amounts exceeding 3.000$, 4.000$ and 6.000$ respectively, should not be kept. Article 110. Sums, exceeding the limit fixed in the preceding article, shall be deposited by the treasurer in the Bank, known as [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] , in the name of the respective Comunidades, in keeping with the following rules: ### 1. The sum to be deposited shall be handed over to the treasurer, based on items entered in the Cash Book; ### 2. Cash shall not be given to the treasurer for the second deposit, unless the provisional receipt of the first deposit is presented and entered in the safe; ### 3. The treasurer must hand over the provisional receipt in office of the clerk of the Comunidades, within three days from taking the cash and if he fails to do so, the current account shall immediately be sent by the respective clerk to the administrator for the legal purposes; ### 4. The withdrawal of deposits shall be effected by a repayment voucher signed by all the key-holders and countersigned by the administrator. Article 111. The administration office of the Comunidades shall notify to the management of the said bank - [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] , of the names of the key-holders of the safe of each of the Comunidades, with their specimen signatures, duly authenticated by the secretaries of the administration offices, in order to be compared at the time of reimbursements. Such intimation should be renewed as and when there are changes of the key-holders. Article 112. Every three months and, possibly during the months of January, April, July, and October, the Comunidades shall send their Pass Books to the head office of the said Bank Caixa Economica de Goa to be checked. Article 113. The orders for reimbursements, even in the case of endorsements, shall be sent free of charge and exempted of stamp duty. Article 114. During the ordinary period set for the payment of prevents of zonn and dividends, the key-holders shall calculate the amount necessary to effect these payments, based on the average paid in the same period over last three years, and make that amount available in the safe by withdrawing in advance from the Bank [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] , but never in anticipation of more than eight days. Article 115. In the balance sheets referred to in the article 466, the balances in cash and deposit in the said Bank [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] shall be distinguished, in separate items. Sole § One copy of the balance sheets of the movement of the receipt and expenditure of each Comunidades shall obligatorily, be affixed by the clerk on the door of the meeting hall. Chapter III Administration of the comunidades -------------------------------------------------- Section I General provisions Article 116. In each of the talukas of Goa, Salsete and Bardez, there shall be one independent office of administration of Comunidades and in other talukas, excepting for that of Satari, the interests of the Comunidades shall be entrusted to the respective taluka administration. Sole § For the purposes of the provisions of this article, the Comunidades of Satari taluka are included under the administration of the taluka of Bicholim. Article 117. The administration offices of the Comunidades are considered for all purposes as public offices[ **[** ] [See Overseas Civil Services Statutes (EFU) .] . Section II Administrators ### 118. [] [Article 118 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix).] In each of the administration offices of the Comunidades of Goa, Salsete and Bardez, the respective administrator shall be appointed by the Governor General, on service commission, from amongst persons of recognized competence, conversant in the study of public affairs, mainly Comunidades affairs and possessing the minimum qualification of the 3rd cycle of Lyceum. Sole § The administrators of Comunidades may be transferred for convenience of service. Article 119. The independent administrators of the Comunidades are administrative magistrates and shall take an oath of office before the Governor General. Article 120. The independent administrators of Comunidades shall obligatorily be resident in the seat of the respective taluka, and cannot absent themselves from there without being authorized by the Governor General. Article 121. The independent administrators of the Comunidades shall be substituted, in their absence and impediments, by the secretary of the respective administration and in the event of his absence and impediment by the taluka administrator. Article 122. The provisions of article 67 and its sole paragraph are applicable to the administrators of Comunidades and their legal substitutes, in service. Article 123. The administrator shall correspond officially with the functionaries, authorities and public offices and shall issue orders to his subordinates. Article 124. Application for recusal may be moved before the administrator on ground of bias in manner provided in the civil procedural law. Article 125. The administrator of Comunidades has powers to:- ### 1. Enforce and get the enforcement done of the provisions of this Code, the contracts entered with the Comunidades and all the resolutions and decisions of the higher authorities; ### 2. Maintain order and discipline in service of the offices of the Comunidades under his supervision; ### 3. Order the preparation, in October of each year, of the budget of income and expenditure of the administration, dividing the contributions between the Comunidades, proportionally to the amount of its revenue in such year and submit it for the approval of the Government; In the taluka of Bicholim, the amount from the derrama of [dessaidos] ['Dessaidos' Under the Provincial Decree No.144 dated 22-10-1896 special concession was given to certain families of Sar Dessai.] shall be included in the budget; ### 4. Enforce the collection of supplementary derrama when there are extraordinary expenses, duly authorized; ### 5. Inform the Comunidades and the parties concerned, by 15th December, of the share of derrama which they are required to pay, and at appropriate time, the share in an extraordinary derrama. The recovery of the respective instalments, either by voluntarily payment or by coercive matter, shall be done by the provisions in this Code; ### 6. Write the opening and closing declarations and initial the books referred to in articles 440 and 445 or in respect of the Comunidades books or to authorize the secretary or the administrative assistants of the administration office, to do this work; ### 7. Preside over the visits, inspections and auctions as well as handing over and giving possession of land; ### 8. Inspect the books and accounts of the Comunidades, check whether the Comunidades clerks are following their duties and obligations mainly those relating to working hours and residence at the seat, and take action, in accordance with this Code, against those violating those obligations; ### 9. Approve the annual income and expenditure sheets of the Comunidades and the calculations and terms of ordinary auctions; ### 10. To inspect the archives and check the balance of the safe, when he finds it convenient or when requested, denouncing the deviation of books or cash from the safe; ### 11. Exercise the powers of the managing committee in the cases and under such terms set out in article 70; ### 12. Attend, whenever he finds it convenient, the meetings of the Comunidades and those of the managing committees; ### 13. Propose the appointment and dismissal of the president of the managing committee, the dissolution of the elected part of the same, in terms set forth in this Code, and the appointment of persons who should function as members of the committee, in cases provided for in the § 2 of articles 41 and 51 and § 1 of article 69; ### 14. Take oath of office of the staff members under him, as well as of members of the managing committee and other agents of the Comunidades. He may however delegate these functions to the president of the committee, who had already taken the oath of office; ### 15. Authorize the payment of percentages referred to in article 108 of this Code; ### 16. Propose to the Government the meetings of the Comunidades to be held at seat of the taluka or in the building of the administration office and order the meetings of the board in these places; ### 17. Authorize the extraordinary meetings of the Comunidades and of the committee, when they are not convened by their president; ### 18. Exercise disciplinary power in terms of law and impose the penalties established in No. 1 to 3 of article 354 of the Overseas Civil Services Statutes (E.F.U.); ### 19. Decide the applications for registration or listing; ### 20. Take steps to fill temporarily the post of clerk; ### 21. Take notice and decide all the applications, complaints and appeals instituted against the acts that are not within the competence of higher authorities and offer his say on all the cases which have to be sent for a decision of the Governor General or the Administrative Tribunal; ### 22. Proceed in accordance with article 371 and the following, regarding encroachment on the lands of the Comunidades; ### 23. Authorize the Comunidades to file suits under the terms of the article 9 as well as authorize the necessary expenses; ### 24. Authorize every year, occasional or unforeseen expenses, which are not for any other purpose unconnected to the Comunidades, up to 1.500 $ and the advance of amounts essential for covering the ordinary and extraordinary expenses, duly authorized, when they are not foreseen in the respective assignment or contract as well as the expenses necessary to defend the suits filed against the Comunidades; ### 25. Withhold or order the retention of proceeds of zonns dividends or any other credits that the debtors may have in the Comunidades until the latter have paid their dues and accessory amounts, when these dues have not been guaranteed for; ### 26. Arrange for the coercive collection, in accordance with the terms of Title V, of the Comunidades dues, acting as judge in the respective proceedings; ### 27. Distribute the cases for recovery of debts, referred to in the preceding number, among the enforcement clerks, equally and by lots, in three classes, according to the value referred to in § 1 of article 627; ### 28. Decide by 31st of October of the following year, the yearly accounts of the persons responsible to the Comunidades, forwarding by the 15th November, the respective statement to the Administrative Tribunal. Failure to comply with would incur payment of fine corresponding to 5% of the ordinary fees collected; ### 29. Forward to the treasury department of the taluka, every month, a note of the remissions made in the preceding month and a form for the payment of stamp duty on transfer of shares and for the respective tax corresponding to the normal emoluments recovered in the preceding month; ### 30. Take delivery of the extraordinary services and works valued in excess of 3000 $ and of the ordinary works in case of appeal or complaint against the taking of the delivery by the managing committee; ### 31. Present to the Governor General, by the 31st of March of every year, a report of the management of the Comunidades for the preceding year, mentioning therein the important facts of his administration and indicating the means, he thinks fit, to adopt in order to increase and improve crops. This report shall be accompanied by a statistical map of the office's work, a map showing the movement of the shares of Comunidades, organized according to model No. 5, a map showing the dividends and zonns distributed by each Comunidades, in each of the last nine years, a statement indicating the grants as emphyteusis (aforamentos) granted and a map showing the extraordinary expenses incurred by each Comunidades in the preceding year and other information as he sees fit deemed useful. Failure to comply with would incur in payment of a fine corresponding to the salary for the number of days delay. Article 126. The decisions of the administrator are subject to appeals provided by law. Section III Office of secretary and personnel Article 127. Each of the private administrations of the Comunidades shall have a secretarial office controlled by the respective secretary and a works foreman in charge of a technical person for works. The offices of the talukas administrators shall have a Comunidades section under the control of the secretary of those administrations. The strength of the staff shall be as shown in attached map No. 2-I forming a single cadre. Sole § The provisions contained in the article 67 and its sole paragraph and sole paragraph of article 87 and 97, the later to some extent, shall be applicable to the personnel of the administrations. Article 128. The secretary is empowered to:- ### 1. Maintain order in secretariat office, distribute and regularise the service among the employees, when not defined by the administrator or by this Code. ### 2. Perform the office work of administration, keep books and maintain the registers, check the income and expenses statements, calculations, auctions and accounts and carry out all other duties assigned by this Code and by order of higher authorities. ### 3. Draft the correspondence in accordance with the decision of the administrator. ### 4. Mark in all the outwards correspondence with the respective sequential number after being signed by the administrator. Provide clarifications for the purposes of the pledge and attachment of. ### 5. Offer classifications for the purpose of attachment and seizure of shares. ### 6. Have under his control the office archive and keep it in order. ### 7. Issue summons and notifications in the suit itself when ordered by dispatch. Article 129. The auxiliaries shall:- ### 1. Assist the secretary in the exercise of his duties performing all acts as ordered by the administrator or the secretary; ### 2. Write and type notes, official letters and other documents as per the drafts given to them; Sole § In the private administrative offices of the Comunidades, the senior most 1st class assistant shall substitute the secretary in his absence or impediment. Article 130. The bailiff shall serve summons and notices and deliver the correspondence. Article 131. The peons are responsible for the cleanliness of the office and for any other service determined by higher authorities. Article 132. The administration of Comunidades shall have an iron safe, with three keys, where the income from derramas and of the in default Comunidades in their charge, as well as the income of Pension Bank, should be deposited in accordance with this Code. § 1. The key-holders of this safe are the administrator, the secretary and the more qualified and senior most auxiliary. They are jointly and severally responsible for any embezzlement if taken place. § 2. In the same safe there shall also be deposited, but kept separately, the amount of advance fees paid by the parties in connection with the cases pertaining to the administration. The entry of such amounts should be recorded in a special cash book maintained on the same lines as that of the safe of the administration. Article 133. The general archive of the past books of the Comunidades will be in charge of the administration. Sole § Every year, all the Comunidades books, closed files and useful papers which are ten years old, shall be sent to the general archive. Article 134. The books shall be preserved in closed shelves, properly separated, Comunidades wise or least in separate shells for each Comunidades. Each book or bundle of papers shall have a label indicating the nature of the books and papers and the year to which they concern. Article 135. The secretary of the administration is the conservator of the general archive and as such, it shall be his responsibility to receive all the books and papers referred to in article 454, paragraph 2, by issuing the necessary receipt to the clerks of Comunidades on one of the duplicates of the inventory referred to in article 137, paragraph 2, and he shall be responsible for their preservation, by fulfilling all the duties imposed by this Code to the clerks of Comunidades as regards the archive of each Comunidades. Article 136. The administrator shall order the binding of the books and have copied the texts that are party effaced, ordering the checking of the copies by two experts and they shall certify at the end of the copies, that they are true copies of the originals, authenticating them and preserving the originals along with the copies in the general archive. Article 137. The general expenses of the archive shall be borne out of the general administrative funds but, each Comunidades shall pay for the binding expenses as well as of copies of books, honorariums of the experts and the wages of the clerks recruited by the administrator for the purpose of making copies. § 1. As and when the books, files and papers, referred to in the sole paragraph of article 133 are sent to the general archive, a record should be made in the inventory of each Comunidades mentioning the note by which they were sent. § 2. In the first fortnight of April, in each year the president of the managing committee, the attorney and the clerk of the Comunidades, forming a commission, should sort out the books, closed files and papers which, under the terms in sole paragraph of article 133, should be sent to the general archives and the clerk shall send them to the administrative office before the 30th of the same month, accompanied by an inventory, in duplicate, signed by all the members of the committee. § 3. The failure to comply with what is contained in preceding paragraph, the president of the committee, the clerk and the attorney of the Comunidades shall be liable to pay each one a fine of 300 $, by order of the administrator. § 4. The administrator of Comunidades who proves to be negligent in awarding penalties referred to in preceding paragraph shall be punished with a fine of 600 $. Article 138. In addition to the duplicate of the partial inventories of each comunidade, the general archives shall have its own general inventory, organized by the conservator and approved by the administrator, after checking its accuracy. Article 139. All the provisions of this Code regarding the archives of the administration office and those of Comunidades shall be applicable to the general archives. Article 140. The certified copies of general archives shall be issued by the secretary of administration office, without requiring any order and the emoluments shall be normal ones. Article 141. The staff in charge of the works have competence to:- (a) Study and draw up maps and estimates for ordinary, extraordinary and urgent works and services; (b) Assist in the inspections for taking provisional or definite charge of works, in cases where it is within the powers of the administrator to do it, in accordance with this Code; (c) Oversee and check the execution of all the services and works, whether ordinary, extraordinary or urgent, by his own initiative or when ordered by the administrator; (d) Assist the administrator in matters within his area of expertise. Article 142. The assistant engineer (apontadores) shall assist the engineers in all the services for which they are responsible and shall execute the routine work of the technical sections as ordered. Article 143. In the talukas of Ponda, Mormugao, Bicholim, Sanguem, Canacona, Quepem & Pernem, the functions of technical person of the works shall be performed by the head of office or head of technical section of the respective municipality being entitled to draw the gratuity mentioned in the attached map No. 2-I. Sole § In the absence of the head of office or head of the technical section of the Taluka, any technical person may be entrusted with the study or elaboration of the projects. Article 144. The works of the Comunidades may also be studied by the heads of the agricultural divisions and by the technical person of special brigades appointed by the Government. Article 145. The filling up of the post of secretary of administrations of Comunidades shall be made through a competitive practical examination among the first class auxiliaries and first class clerks of Comunidades with a minimum of two years service in the respective class and a good service report. The admission to the examination shall be based on production of the document in proof of the referred service. Sole § The examination will cover the following:- Written examination of the duration of 3 hours: (a) Drafting of a report or proposal over a given subject; (b) Knowledge of matters dealt with in the Code of Comunidades, the Overseas Organizational Law, the Statute of State of India and the Overseas Civil Services Statute; (c) Elementary mathematics and accounting of Comunidades. Oral test: with the duration of 15 minutes. Questions over the matter referred to in item (b) of the written test. Article 146. The posts of auxiliaries of 1st class shall be filled up by a competitive examination among the 2nd class auxiliaries and 2nd class clerks of Comunidades, with a minimum of three years service with good service report in the respective class and the admission to the examination shall depend on production of a document in proof of the referred service. Sole § The examination shall be based on the same program indicated for the examination of 1st class clerks of Comunidades. Article 147. The filling up of posts of 2nd class auxiliaries shall be made through a competitive examination among the 3rd class clerks and 'Comunidades' clerk of the 3rd class, with a minimum of three years service with good information report in the respective class. Sole § The examination shall cover the same matter established for the 2nd class Comunidades clerks and a typing test. Article 148. The posts of 3rd class auxiliaries shall be filled up through a competitive practical examination, under the terms prescribed in article 95 for the 3rd class clerks of Comunidades. Article 149. The competitive examinations referred to in the preceding articles shall be announced by and conducted at the Directorate of Civil Administration, in accordance with article 95, and those that follow this Code. Article 150. The posts of bailiffs shall be filled up through a competitive procedure conducted in the respective administration office and it shall be based on documents produced, the minimum qualification shall be the 4th standard of primary education in Portuguese. Article 151. The posts of foreman shall be filled up on contract basis under the terms applicable to the services contracts in the State, through a competition based on documents produced. It will be conducted by the Directorate of Civil Administration. § 1. The minimum qualification for admission to this competition is the completion of a course of the civil engineering technician or equivalent qualification. § 2. The selection panel for the competition shall comprise of two members appointed by the Governor General, and the Director of Civil Administration shall be its chairman. Article 152. The posts of assistant engineer (apontadores) shall be filled up on contract basis, through a competitive examination as per the terms established for the filling up of similar posts in the Municipalities. Sole § The selection panel shall comprise of the technical officer for works and the head of the technical division of the municipality under the chairmanship of the administrator. Chapter IV Governor-General -------------------------------- [Article 153.] [Article 153 has been amended by Goa Act No. 9 of 1985 dated 27/04/1985 by adding clause 19 (See Appendix).] Governor General is empowered to: ### 1. Appoint, contract, promote, transfer, retire and dismiss administrators and employees of the administration office and of the comunidade, in accordance with the law; ### 2. Exercise disciplinary action on the administrators and the personnel referred in the previous number, as per law, and grant them leave; ### 3. Appoint and dismiss the effective and substitute presidents of the managing committees, dissolve the elected part of them, and appoint suitable persons to replace them, in terms foreseen in this Code; ### 4. Approve urgent expenses in terms of article 65; ### 5. Authorise the meetings of the Comunidades in the seat of the administration office and direct the administrator to attend the meetings, where they are normally held; ### 6. Authorize eventual or unforeseen expenses in excess of 1500$ and the extraordinary expenses approved by the respective comunidade; ### 7. Compel the Comunidades to use the technical means necessary for the maintenance of the paddy fields of one or two crops and to cultivate the uncultivated lands suitable for cultivation; ### 8. After hearing the Comunidades, to order the acquisition of machinery and tools that facilitate and improve agriculture, the rational use of fertilizers and experiment new crops and the creation of new artificial pastures for the feeding cattle; ### 9. [Grant emphyteusis] [For the meaning of emphyteusis see 324.] , authorize the exchange of the land of Comunidades and order its reversion; ### 10. Grant long time [leases] [For the meaning of long time lease see 317.] ; ### 11. Grant extension of period for the utilization of the lands granted on emphyteusis; ### 12. Grant rebate - (quita) to the lease holders of the paddy fields; ### 13. Authorize the payment, in instalments, of the dues to the Comunidades; ### 14. Decide the complaints and appeals against the decisions of the administrator in non-contentious matters; ### 15. Wind up the insolvent Comunidades which are in the conditions mentioned in the article 178; ### 16. Exercise all the powers conferred in this Code; ### 17. After hearing the Government Council, to approve the budgets of income and expenditure of the administration office of Comunidades and of the Pension Bank (Caixa de Aposentações). ### 18. And, in general, to take cognizance of all the acts of the administrator of the Comunidades, in matters which are not within the cognizance of the Administrative Tribunal or by common courts. ### 19. [ To make rules for carrying into effect the provisions of the Code.] [Inserted by Act No. 9 of 1985.] Chapter V Administrative Tribunal -------------------------------------- Article 154. The Administrative Tribunal is empowered to:- ### 1. Decide on appeals filed against the decisions of the administrator of the Comunidades in non-contentious matter, as well as on those which pertain to the balance sheet of the annual income and expenditure of the Comunidades; ### 2. Decide on the irregularities of the auctions of the Comunidades, either noticed or informed by the administrator or alleged in complaints filed by private parties, in terms of this Code; ### 3. Grant permission to the Comunidades to file suits in accordance with article 9, save in what is provided in the article 353, paragraph 3 of article 380 and article 388 and article 305 of the Portuguese Civil Procedure Code to withdraw, admit and compromise, as well as authorize the respective expenditure; ### 4. Decide complaints against the acts of the Comunidades on the matters regarding derramas, easements, distribution of waters, usufruct of fallow lands or groves and of common pasture, save when it is related to the cases of verification and assessment of compensation; ### 5. Confirm the judgement of uncollected debts and annulment of dues to the Comunidades and pronounce judgement on the questions of prescription; ### 6. To examine the annual accounts of the Pensioners' Bank (Caixa de Aposentações). Chapter VI Pensioners' Bank -------------------------------- Article 155. The employees and agents of the Comunidades and of the administrative office are entitled to a retirement pension paid through the Pensioners' Bank, on the same terms as admissible to the public servants. Article 156. The Pensioners' Bank (Caixa de Aposentações) shall have its head office in Panjim City of Goa and branches in the administrations offices of the Comunidades of Salsete and Bardez and in the talukas where there exist Comunidades. Sole § When the Pensioners' Bank does not have sufficient funds for the payment of pensions, the difference shall be made good by all the Comunidades by way of advances in proportion to their income. These advances constitute a debt against the Pensioners' Bank which shall pay to the respective Comunidades soon after it is in condition to repay. Article 157. All the employees mentioned in article 155, shall have to enrol themselves as members of the Pensioners' Bank and pay the pension contribution as fixed in the article 439 and its paragraphs of Overseas Civil Service Statute (Estatuto do Funcionalismo Ultramarino). Article 158. The enrolment of the members mentioned in the preceding article shall be made within thirty days from the date of appointment, by the secretary of the administration office of the Comunidades of Goa, in a special book. This shall be made independent of any authorization. Article 159. The funds of the Pensioner's Bank shall be deposited in the safe of the respective administrative office, but shall be kept separately. Article 160. The incomes of the Pensioners' Bank comprise of:- ### 1. The monthly contribution of the members; ### 2. The proceeds of the fees collected by the administrative offices; ### 3. Any legacies (legados) in favour of the said Pensioners' Bank; ### 4. Any amount which prescribes in favor of the said Pensioners' Bank; ### 5. Interests on loans given; ### 6. 25 per cent of the proceeds of zonns and the dividends of the shares prescribed. The Governor General, however, soon after he satisfies that the fund of Pensioners' Bank had reached a level of 4.800.000$, he shall direct reversion to the respective Comunidades, of the amount of 50 per cent of the said percentage stated above; ### 7. Any other eventual revenue. § 1. Whenever the Pensioners' Bank has funds available, it may grant loans to the private persons and to the Comunidades, in the former case with guarantee by way of shares of the Comunidades and of the gold and silver or mortgage of rustic and urban properties, without prejudice to the amount necessary for the payment of pensions. § 2. The loans to the Comunidades shall bear the interest of 2 per cent interest, when they are meant for works of agricultural development and improving of its properties or acquisition of machinery and agricultural tools. In other cases, as well as for private persons, the interest shall not be less than 3 per cent, for loans less than 8.000$ and 2.5 per cent for the loans of higher amount. § 3. The loans of a sum not higher than 8000$, repayable within the period of one year, can be made by a private declaration and renewed for equal periods, if the borrower pays the interest due, punctually. § 4. The loans of amount higher than 8000$ shall be made by public deed, with prior authorization of the Governor-General. § 5. The Government shall regulate what is contained in the preceding paragraph. Article 161. The expense of the Pensioners' Bank comprises of:- ### 1. The pensions of the retired employees; ### 2. Other expenses inherent to the functioning of the Bank. Article 162. The writing of books and accounts of the Pensioners' Bank and its branches shall be under the charge of the secretary of the respective administrative office. Article 163. There shall be five books for maintenance of accounts of the Pensioners' Bank: the <Catalogue Book>, for the enrolment of the members, one of <Income and Expenditure Book> for entering the annual budgets, one <Cash Book> for the cash movement in the safe, one of <Current Accounts Book>, for the current accounts of all the employees and agents, in active service and retired, and one of <Sundry Declarations and Reports Book> for maintaining the record of the seizure or remission and any others. § 1. The branch of the Pensioners' Bank shall have a Cash Book, to register the movement in the safe in their charge and one the Current Accounts Book of the retired employees who may have to be paid by the branch. § 2. All the books referred to in this article and the preceding paragraph shall be signed by the administrator of Comunidades of Goa and the respective terms of opening and closing should also be signed by him. Article 164. The ordinary budget shall be prepared annually, during the month of October, by the secretary of the administrative office, where the Pensioners' Bank is located and shall be approved, on the recommendation of the administrator, by the Governor-General, after consulting the Government Council. Article 165. The Current Accounts Book, which is yearly, shall be prepared by 15th October of every year and in it shall be entered the credits and debits of all the creditors and debtors of the Pensioners' Bank as per the model No. 29 attached to this Code. Article 166. All the movement in the safe shall be entered in the Cash Book, the deposits of the money on the left hand page and the payments in the right hand page, the latter being signed by the individuals receiving the money and the opening and closing notes of the safe signed by key holders as per model No. 26 attached to this Code. Article 167. The Pensioners' Bank shall send to its branches a list of the retired employees to be paid by the respective branches. Article 168. In the case when there is a deficit in the ordinary budget, such a shortfall shall be shared by all the Comunidades, in order to enable the Pensioners' Bank to fulfil its responsibilities and the secretary of the administrative office shall forward to its branches, with the administrator's signature, the notes indicating the contributions that the respective Comunidades are required to advance and the branches in their turn, after collecting these contributions from the Comunidades of the respective taluka, shall forward them to the Pensioners' Bank after deducting the charges due on the same. Article 169. If, after sharing the shortfall referred to in the preceding article, there are new charges resulting from retirement of new staff members or any new expenses, there shall be a new adjustment in the distribution or a supplementary financial contribution [derrama] [Derrama - For definition refer to foot note of 100.] shall be asked and which shall be paid immediately by the same Comunidades. Article 170. The branches shall send to the Pensioners' Bank by the 5th of each month, by postal order, the amount collected by them in the preceding month, that is to say, the excess of the income over the expenditure. Sole § The same branches shall send on the same date, a statement of monthly movement of the respective income and expenditure, in order to enable the head office of the Pensioners' Bank to organize its current accounts. Article 171. For the purposes of No. 6 of Article 154, the accounts of the Pensioners' Bank shall be processed and sent by the respective secretary, to the Administrative Tribunal along with those of the general safe. Article 172. All the monies which exceed the total of the payments to be made at the Pensioners' Bank and its branches shall be deposited in said Bank known as [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] . Chapter VII Comunidades in default --------------------------------------- Article 173. Comunidades in default is the one whose members have deserted its administration or is unable to pay the dues. Article 174. Whenever it is found that there are comunidades in the conditions described in the preceding article, the administrator shall convene the respective members, for a meeting in the administration office, if there are five or more in number, in order to deliberate whether it is convenient for them to take up the management of the same comunidades. Article 175. The meetings shall be called by notices published in the Official Gazette and one newspaper published in the seat of the taluka or, if not possible, in the capital, and affixed to the door of the administration office and of the temples of any religion or at other public place of the area of the Comunidades. Sole § If the number of the members is less than twenty and all of them are residents of the taluka, the meeting shall be called by notice and the public notices will not be required. Article 176. When half plus one of its total number of members are present, they shall deliberate, by majority, whether or not it is convenient for them to take on the management of the Comunidades. Article 177. If they deliberate to assume the management, the administrator shall inform the Governor-General about it. Sole § Once the deliberation has been confirmed by the Governor-General and consequently the managing committee has been constituted, its management shall be handed over to the said committee, continuing henceforth the comunidades to be administered in the same way as the others, observing the rules established in this Code. Article 178. If the members fail to meet or after meeting, they declare they do not want to take on the management, the administrator will take charge of its management. § 1. To such management, the rules prescribed in this Code are applicable and the administrator shall perform the functions of Comunidades and of the managing committee. § 2. The collection of revenues and the credits of the Comunidades shall be adjudicated annually, by public auction. § 3. The administrator shall appoint an attorney who shall represent the in default Comunidades and such appointment should be made from among the five major interest members, if available. § 4. In the event foreseen in the body of this article, if the incomes of the Comunidades are not sufficient to meet the expenses and the respective members do not guarantee the payment of the annual shortfall, the Governor-General shall order the extinction of the said Comunidades. § 5. If the members guarantee payment of the annual shortfall and the same is not paid at the end of each year, a current account will be issued against the responsible for the same and if the non-payment is continued for two consecutive years, the Governor-General shall order the extinction of the Comunidades without hearing the same Article 179. In the Comunidades whose extinction had been ordered, in terms of preceding article, an inventory shall made of its properties, following the provisions of Article 209 and the following ones. However the inventory shall be dispensed with when the income of the Comunidades is below 3000$. At the same time the clerk of the Comunidades shall prepare a list of the income not derived from the properties, whatever may be its origin, declaring the source of each item. In the same manner another list shall be prepared of the charges on the Comunidades which constitute an obligatory item of its annual expenditure, comprising all its debts. These two lists shall be presented to the administrator alongwith the books, on which they were based for their preparation and the administrator shall have them checked and, if he finds them in order, he shall approve them, otherwise he shall order their correction. Article 180. On completion of the work, referred to in the preceding article, the sale of the properties and other revenues shall be announced, observing in the auction the provisions of the Code of Civil Procedure, - (Codigo de Processo Civil) in whatever is applicable. § 1. The bidding price, by which the properties shall be auctioned, is the one indicated in the Register I - (Tombo 1), to which twenty annuities of the charges variable and invariable, indicated in the same register, shall be added, and the price of other revenues shall be the sum of twenty annuities or instalments. § 2. The sale shall start with these revenues. § 3. The properties shall be auctioned free of charge or encumbrances. § 4. Only the revenues and properties shall be sold in auction, the price of which, determined by way of auction, is sufficient to redeem the expenses as per the list referred to in the third period of Article 179. Article 181. With the proceeds of the sale, the remission mentioned in the paragraph 4 of previous article, shall be effected and the remaining properties or revenues shall be given to the members for them to divide in the proportion to their rights. § 1. If the majority of the members prefer the sale of all the properties, this shall be done, and the funds that remained, after paying off all the debts, shall be distributed among them, according to each ones right. § 2. If the Comunidades does not have members, all the assets shall be sold and the proceeds that remain, after paying the debts, shall be deposited in the said Bank [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] in favour of the Pensioners' Bank. Title II Operations of the Comunidades and their procedure Chapter I Qualification of the members ------------------------------------------- Section I Of primary enrolment of the zonnkars Article 182. The primary enrolment provided in Article 21 will be open from 1st to 31st May each year. Sole § Any interested party, however apply for his primary enrolment after this period, at any time of the year, on payment of fees of 6 $ for each primary enrolment, which fee shall be reverted totally in favour of the Pensioners' Bank. Article 183. Whoever desires to have his name in the book of primary enrolment shall present to the clerk of the respective Comunidades the documents in proof of the following:- ### 1. That has the capacity to be a zonnkar as per number 1 of article 20; ### 2. He had completed within the period indicated in the preceding article, the age required by the statutes of the respective Comunidades to be entitled for any kind of zonn or the age of 21 years, if not fixed in the statutes. The proof of age shall be made by producing a certificate from the Civil Registrar or any other legal document substituting the same. Article 184. In the Comunidades in which, as per its statutes, the orphans of the zonnkars are eligible to get the zonn on the death of their father, before attaining the age set for being entitled for the same, in their own right, such orphans themselves, when aged 14 years or more, or by their representatives, when they are of lesser age, shall apply for the inscription, by producing before the clerk of the comunidade, at the appropriate time, a certificate identifying their parents and the certificate of the death of their father. Article 185. The widows of zonnkars without male heirs succession and the unmarried daughters of the same, orphans of parents, who may not have full brothers in the Comunidades in which, as per the statutes, are legible for some part of zonn or a life pension, during the widowhood or during the period when they remain unmarried, they should apply for their inscription by producing to the clerk of the respective 'comunidade', the following documents: ### 1. The widows: death certificate of her husband and document of the respective parish priest or the managing committee of the village or of the functionary in-charge of the parish (regedor) proving that she has no male heir; ### 2. The unmarried daughters: birth certificate or any other document substituting the same and of the death of her father, and certificate that he did not have any son, true brother of the applicant for inscription. Article 186. The clerk and the attorney of the comunidade, after verifying the authenticity of the documents, shall examine if the name of applicant's ascendant figures in the catalogue, and after finding it, they shall immediately do the inscription in the respective class. This provision shall be applicable to the widows and unmarried daughters mentioned in the preceding article. § 1. If the clerk of the Comunidades and the attorney are not able to make the inscription on the day that the applicant presents the documents, the said clerk, keeping the same in his possession, shall issue a receipt to the applicant, mentioning the number and the nature of the documents, and shall advise him to come on any first eight days of June of the respective year to collect the copy of the declaration of inscription or the documents with declaration of refusal, on returning the respective receipt to the said clerk. § 2. If the applicant does not satisfy the requirement to be inscribed, as per this article, the inscription shall be refused, handing over to him on the same act or on the day that may be fixed, in terms of preceding paragraph, a note giving grounds for refusal, written and dated by the clerk of the Comunidades and signed by him and by the attorney. Based on this note the affected person may file an appeal to the administrator within the next ten days. § 3. If the attorney and the clerk do not agree with the inscription, as applied the matter will be resolved by the managing committee and, in this case, instead of the note of refusal, the applicant shall be given a copy of the respective minutes, mentioning the date of handing over issued by the clerk of the Comunidades with which he may file an appeal to the administrator within the next ten days. § 4. The inscription made shall be displayed in the meetings hall during the first fifteen days of the month of June for the examination by the members. § 5. Any member may appeal to the administrator, within the period of ten days, against the inscription unduly done, requesting the exclusion of the inscribed person, and the administrator, after hearing the person concerned, the clerk of Comunidades and the attorney and after attaching to the file the copy of the declaration of inscription and the document on which it was based, shall decide the matter according with the law. § 6. The power given to the clerk of the Comunidades and to the attorney to do the inscription is restricted only to the cases when in the catalogue the name of father or grand-father of the applicant figures. Article 187. In cases not specified in paragraph 6 of the preceding article, application for inscription can be made at any time of the year to the administrator, who shall prepare the case file as per the procedure laid down in article 390 and following ones, with the intervention of the comunidade. Documentary evidence and, in its absence, judicial qualification may be accepted. Article 188. In case there is any objection against the inscription of any member, he may enjoy his rights and obligations as from the date when the decision becomes res judicata. Article 189. If the objection, in connection with the inscription, is upheld the interested party lead further evidence in the same file or renew his application. Article 190. It is within the jurisdiction of the administrative tribunals to decide the questions relating to qualification or local stand of applicants seeking inscription but it is for ordinary court of law to decide all the questions involving third party or the Comunidades either against the applicant or against member itself Article 191. The provisions of paragraph 1 of article 22 are applicable to the widows, orphaned sons and unmarried daughters of zonnkars, who under the terms of Articles 184 and 185, may have right to any part of zonn, annuity or pension. Article 192. After the inscription is done as per the model No. 6, a copy of the inscription document of the same, shall be given to the interested party, when applied by him. § 1. The inscription document shall contain the corresponding serial number, name, affiliation, age, place of birth, address and quality of the registered person and finally, the designation of the number of the bundle in which the documents are kept filed in the 'comunidade' or the reference to the book or public notary from where they were obtained. § 2. The inscription document shall be dated and signed by the clerk of the Comunidades and the attorney, as well as by the member who had applied or by two witnesses when the applicant do not know to write. Section II Annual enrolment of zonnkar Article 193. Every year, during the period prescribed in the article 182, there shall be annual enrolment of zonnkar, as well as widows, sons and daughters who may have interest in the comunidade, as provided in Articles 184 and 185, upon production of their existence till the 30th day, inclusive, of the previous month of April. §1. The following are competent to issue life certificates. The administrative board of village, (Junta de freguesia), functionary in charge of parish, (regedor) , parish priest, consular agent, missionary and administrators of taluka and of comunidade. § 2. Instead of producing the certificate mentioned in the preceding paragraph the applicant himself may sign, within the period prescribed above and his signature may be certified by the Notary or by the clerk of the respective Comunidades as well as by a declaration of the parents, spouse or son of the interested person or, in the absence of the same, by any member of respective comunidade, which declaration shall be drawn up before the clerk of comunidade, in the presence of two witnesses, who shall also be members of the comunidade. § 3. However, the necessity on production of the documents, referred to in the preceding paragraph, is dispensed with when the member appears personally which per se is sufficient for the registration, if he is known to the clerk or to the attorney of the respective 'comunidade' or to two members who guarantee, on their own responsibility, based on the declaration signed by them, along with the interested person and which shall be filed. § 4. The annual enrolment shall be done in accordance with the model No. 7. § 5. The provisions of paragraphs 2 to 5 of article 186 shall apply to the annual enrolment. § 6. From the refusal to the annual enrolment, or its irregularity or omission or to the annual enrolment wrongly done, complaints and appeals, as established for the admission can be filed. Article 194. The zonnkar once primarily enrolled, who fails to take steps to get annually enrolled get registered for a particular year, cannot receive the income of his zonn in respect of that particular year, he can however receive that income in any other year in which he has been annually enrolled, provided the claim in enforceable. Sole § In the case foreseen in this article and also in the Article 187, the clerk of the Comunidades shall set apart in the statement of the income and expenditure of the year of registration, the amount of the incomes accrued in order to be paid to the creditor zonnkar. Article 195. In the case of death of a zonnkar without having been registered, his duly qualified heirs, within the period of one year from the date of death, may receive the income accrued in the previous years, without prejudice to the provisions of paragraph 3 of Article 21. Sole § In this case the Comunidades clerk shall, also proceed in terms indicated in the sole paragraph of preceding article. Article 196. The orphaned sons, unmarried daughters of the zonnkar and their widows shall not be able to make periodical enrolment in the year of the death of their parents or husbands if the latter died after receiving the income of zonn in respect of that year. Article 197. In the Comunidades where there is a deficit, the registration of the member shall be made by the clerk of the comunidade, on his own initiative, and he shall inform, in writing, of the same to the interested persons, after observing the rules of this section. Article 198. By the 30th June each year, the clerk of the Comunidades shall send to the administration office the primary enrolment and annual enrolment books for approval. Section III Inscription of share-holders Article 199. The inscription of share-holders, as prescribed in paragraph 1 of article 22, shall be done in the respective comunidade, by fulfilling the following: ### 1. The person asking for inscription shall submit to the clerk of the Comunidades a certificate, issued by the secretary of the administration office, countersigned by the administrator, that one or more shares of the same Comunidades are endorsed in his favour as his property, or else submit the actual share certificate itself with a note signed by the administrator. ### 2. The clerk of the Comunidades shall examine if the shares transferred are included in the inscription book in the name of the transferor's name, and only then, after cancelling this inscription in the transferor, in all or some of the shares, as the transfer was made in full or in party shall inscribe the name of the applicant as possessor of the shares according to the certificate or title presented. ### 3. If in the book of inscription of the shares, the name of the transferor is not found recorded, the request for registration shall be refused, and a note of refusal shall be given to the applicant, and based on it, he can file an appeal to the administrator. Article 200. The inscription of the share-holders may be done at any time of the year, but on the last day of the month of May of each year, the clerk of the Comunidades and his attorney shall close the inscription book, adding up the shares which upto that date were registered and after checking the sum, with the total number of the shares of the comunidade, as indicated in the map No. 8, he shall satisfy if the register is in order and thereafter, sign the closing declaration in the register. Article 201. By 30th day of June of each year, the clerk of the Comunidades shall send to the administration office the book of inscription of the share-holders, for approval. Section IV Inscription of pensioners and participants Article 202. The annual fixed pensions, known as [acas, formás, votonas, tainatas] [[Acas-(Acca or hacca) - Is a portion of rent or production payable to hereditary functionary of the District or village in India or pension paid hereditary. Glossario Luso Asiatico by Sebastiao Rodolfo Dalgado, Pg. 6 Vol I. -Formas A fixed pension that the Comunidades had to pay Ibid Pg. 403 Vol I. -Votonas A pension payable to the Watandar who is hereditary interested in a Watan Ibid Pg. 557 by H.H. Wilson. Pg 116 Terminology in Indian Land Reform by P. T. George. -Tainata Pension payable on account of military service Ibid Pg. 338 Vol II.]] and others that the Comunidades pay to the individuals, as well as to the participants, referred to in the No. 3 of Article 2 shall be inscribed, applying to the administrator by attaching to the petition the documents confirming the transfer. Article 203. The pensions and holdings that are inscribed in a name different from that of the transferor or of the one representing him, shall not be inscribed in the name of the applicant unless, by a judicial decision, that has become res judicata, it is proved that the applicant's right to them has been confirmed, in which case the inscription shall be made. Article 204. The inscription cannot be effected when the person, in whose name the pensions or holdings are inscribed, have transferred them, with reservation of the usufruct, and if the propriety is transferred to one person and the usufruct to another, firstly the enrolment will be made of the usufructuary, declaring this capacity. The inscription, in the name of the owner should be made only when the ownership and usufruct right vest are merged in. Article 205. The provisional inscription in the name of the head of the family, is permitted by proving this status with a certified copy of the inventory that is in progress, and in the name of a head of a joint hindu family by producing authentic document of the joint family it being legally formed. Article 206. After the application is accepted, the claim for the registration shall be announced in two successive numbers of the Official Gazette, calling for objections against the same, within sixty days from the second publication. § 1. After the period of sixty days, any representation or the negative certificate, as the case may be, shall be attached to the application, and the clerk of the Comunidades and the managing committee shall be heard. § 2. As per the material on record, the administrator shall decide the claim. § 3. These inscriptions shall be done in special books which the clerk of the Comunidades shall send to the administration office by the 30th day of June of each year for approval. Article 207. The provisions contained in sole paragraph of article 418 shall be applicable to the registrations referred to in this section. Chapter II Registers (Tombos) ---------------------------------- Section I Register 1 (Tombo 1) Article 208. The register. 1- (Tomb I) is the cadastre of all the properties of the Comunidades mentioned in map No. 1, and the description of the sources of other revenues, not connected to private land. Article 209. It is obligatory in all the Comunidades, whenever necessary, to organize and reorganize, the Register 1 of the properties, known as 'Tombo' 1, which shall be carried out in the shortest possible time, according to the following numbers: The paddy fields, with the exception of those mentioned in article 325, shall be divided in lots, whose area generally shall be of 0.5 ha. to 1 ha., save where special circumstances advise that some larger or smaller lots are advisable. The hilly properties need not be divided into lots or may be divided into lots of area higher than 1 ha. whenever the nature of the land and the system of cultivation justify; Maps shall be prepared of all the rustic land of the Comunidades, showing independent property units and the lots into which each property is divided. All the lots and the building properties shall be duly enumerated, named, demarcated, bounded, measured and valued, with all the necessary and indispensable indications to establish its identity and indications, which will be reflected from the map and in the register of the surveyor (model No. 9), which shall accompany the maps where all the lots shall be numbered in each maps records with the number which shall correspond to the one in the general numbering of the properties of the comunidade; The denomination of the lots, shall not, generally differ from the actual names used, which shall only be changed or added to, when necessary for the better identification of each individual property; The demarcation of the properties shall be done by the comunidade, for which the Comunidades shall solicit the supply of boundary stones by way of auction, preceded by the estimate duly approved by the administrator. The boundary stones shall be of solid stone and of two types: the first type meant for demarcation of the perimeter of each independent property, shall constitute of rectangular parallelepipeds having 0.80 metres of height and 0.22 metres of width on each side; others, meant for interior demarcation of lots, shall be of the same kind, having however, 0.50 metres of height by 0.22 metres of width, whenever possible. In the firm land as of the hilly places, the dimensions in height can be reduced, which shall be indicated in the clauses of the auction; in loose soils, such as sandy land, the heights may be increased; The survey of each property shall be done numerically, so that one or more boundary stones of its perimeter can be easily indicate on the ground, by references to fixed and permanent points. Whenever possible, this reference shall be in relation to trigonometric points or points that shall delimitate each village, and whenever, at the time of the survey, if the perimeter map of the village map is available, the position of the map drawn should be shown in that map. The result of the measurements shall be expressed in units of the decimal metric system. In the area of each lot, fractions of the square meter shall be rejected, and in dividing lots, use should be made, as much as possible, of straight alignments. The valuation of lots of regular productivity shall be done in such a way that the net annual income of each of them, previously calculated, corresponds to 4 per cent of the respective value, and the net revenues shall be computed in the following manner: after calculating the output of the portion of land correspondent to the quantity of the seed that the land will take, as per the nature of the soil. This is to be converted in cash, on the basis of the respective average price for the cereal cultivated during the last five years. Thereafter, the production expense is then set at 35, 40 or 50 per cent, according to the nature of the soil. While preparing the Register 1 - (Tombo 1), various charges and expenses referred to in the article 216 and its paragraphs shall be deducted from these net revenues; The valuation of the lands meant for the cultivation of pulses shall be done considering the number of years left fallow, and regarding those which are deteriorated and uncultivated, they shall be valued on the basis of the area and productive capacity of the soil; The production of the coconut groves shall be calculated as per the number, nature and quality of fruit bearing trees existing in them. The expense of production shall be fixed at 40 or 50 percent; The valuation of the building properties shall be done so that the annual net income of each of them, calculated by the average of the incomes accrued over the last nine years, corresponds to eight per cent of the respective value; If in any one or more years, referred to in the preceding number, there has not been any income, the income of - those years will be considered equal to those of the immediately preceding years; If there has not been any income in all those nine years, then a fair and proper value should be determined to the property taking into consideration the probable expenses of the respective construction, annual repairs and condition of maintenance; Any income not specified shall be taken into account while fixing the value of the properties; After all the necessary calculations are done, whilst fixing the value of the properties, the fractions of 6$ should be ignored, adding however 6$ to the whole part of this value, when the fraction part is above 3$. Article 210. In order to carry out the preparation of the Tombo (register of the properties) of each comunidade, a brigade shall be constituted as follows:- one surveyor requisitioned by the administrator from the Directorate of Economic Services, one informer, one measurer chosen by the surveyor and two labourers to carry the instruments and to help in the measurements. §1. The work to carry the inventory of properties of each Comunidades shall not be executed by more than one brigade simultaneously. §2. The appointment of informers shall be made by the administrator, on the basis of a proposal from the managing committee that will suggest a list that contains names, not less than twice the number deemed sufficient, however the individuals suggested should satisfy the requirements indicated in the following paragraph. §3. The informers of each brigade shall be replaced in such a way that to each property or fraction of it corresponds to an informer that have full knowledge of the same, and each of them shall be notified by the clerk of the comunidade, to when their information may be required. §4. The surveyor is bound to bring to the notice of the administrator, in writing, about the incompetence, unsuitability or lack of zeal that he may notice in any of the informers, who attend to the work of preparation of the cadastre (Tombo) . Copies of these communications shall be sent to the Directorate of Economic Services. §5. All the works of preparation of cadastre shall be supervised by the director of Economic Services and by the administrator. The technical supervision over these works shall be of the exclusive responsibility of the former or of the heads of the competent departments of the same Directorate. Article 211. The personnel indicated in the preceding article shall be assisted in the work of preparation of Register -'Tombo' by the attorney and by the clerk of the respective comunidade, who shall be required to be present on the site each day whenever his presence is necessary. As and when convenient, the managing committee may appoint, in substitution of the attorney, a special commissioner to monitor and supervise the work of preparation of the said inventory. This appointment shall be approved by the administrator. §1. It is the duty of the attorney or of the specially appointed commissioner to: Represent the Comunidades during the preparation of the inventory of the properties, safeguarding the interests of the comunidade, avoiding by means at his disposal that such interests are harmed, supervising on behalf of the comunidade, the same work; Be present during the placing of boundary stones in the places fixed by the surveyor and to do in such a way that this inventory may be prepared in shortest possible time. §2. It is of the duty of the clerk (escrivão) to:- Take notes of the complaints, agreements, encroachments, as and when necessary, as per provisions of this Code; Notify or ask for notification, of the owners of the adjoining properties of the comunidade, to be present at the time of placing the boundary stones of delimitation and to the measurement of the encroachment, if any, and to sign the respective records, failing which it will done in their absence; Have ready, sufficiently in advance, in order to give to the surveyor at the time of starting the inventory work, or as and when requested, the following information: A nominal list of all the properties belonging to the Comunidades, showing its divisions and sub-divisions; A list of the auctions notes, with the respective calculations and rent collected during the last three trienniums; Copy of the mutual rights of the cultivators in relation to irrigation; Certificate of various charges or encumbrances. To make, under the direction of the surveyor, all the entries in the inventory register of the properties -Tombo and extract copy of the surveyor's record. Article 212. Prior to taking up the inventory of the properties, the same shall be announced in the Official Gazette and in the newspapers of the locality, if any, in order that the owners of the lands, adjoining to that of the comunidade, and as well as those interested in the comunidade, shall be able to follow the process and present any claims that they may have, which shall be duly recorded by the clerk of the Comunidades in a special book and decided administratively, when possible. § 1. This book shall have the number of pages that are necessary and shall be previously initialled by the administrator or his commissioner, and each one of them shall have, besides the space reserved to record the text of the claim, two columns: one on the left, which shall used to record the sequential number of each claim, the other, on the right, to record the decision. § 2. All the claims shall be recorded, as briefly and concisely, as possible and which shall be signed by the respective claimants, by the clerk of the Comunidades and by the surveyor (model No. 10). § 3. No claim shall be attended for the purpose of administrative decision, unless the respective claimant undertakes to present and does present it in the administration office of the Comunidades, within thirty days, from the date when the objection is filed , all the documents that can substantiate his claims. § 4. As soon as these documents are presented in due time, the administrator shall examine the evidence in favour or against the respective claim and shall direct the rectification of any mistake that he finds as having been made by the respective persons involved in this work or else by directing that the claimant may use the ordinary means, holding that there is no sufficient evidence. § 5. When the administrator recognizes that, in view of the documents presented, or any others, that there has been encroachment of the land, he shall order that this property, or part of the property in question, be listed in the register of encroachment, in order to proceed in respect of this property or part of it, in the manner indicated in Articles 382 or 385 and following ones. § 6. The administrator's decision is subject to appeal to the Administrative Tribunal. Article 213. The work of cadastral survey, shall consist of field and office works, the former being conducted in seven months, from 1st November to 31st May, and the second in the remaining five months. § 1. The supervision of the work of the survey is the responsibility of the surveyor who shall be the main responsible for its execution. § 2. During the time of the field work, the surveyor shall have to carry out the following works: ### 1. In consultation with the attorney or commissioner and informer and with the assistance of the clerk of the comunidade, he shall indicate, by means of temporary pegs, the locations for placement of outer border stones and also those dividing the lots. This fixing shall be preceded by any topographical surveying for the plans or measurement; ### 2. To draw the perimetric plans, as per clause 2 of article 209, representing within the lots into which each property is divided; ### 3. To collect from the field the necessary particulars and clarifications in order to fill up the surveyor register; ### 4. To make the graphic drawings of the plans and to the value of the area of the lots and of the encroachments; ### 5. To send every fortnight to the Director of the Economic Services and to the administrator a report showing the area measured, with indication of the boarder maps drawn up, the number of lots, encroachments and the value of the latter, giving at the same time general progress of the work and the manner in which it was carried out by the personnel of the cadastral survey. § 3. The period of the field work shall be carried out for six hours a day and shall be executed on all working days. § 4. The surveyor shall have his residence close to the place of work. The administrator shall grant him every month the required amount to provide with a lodging in good hygienic conditions and also provide him with the furniture essential for his office work. §5. The Director of Economic Services and the administrator shall be present when the field work is in progress and whenever they think necessary for the regular checking of the works. Article 214. On the initial days of the field work, it is the duty of the surveyor, alongwith the president of the managing committee and the attorney of the comunidade, to classify the lands coming under article 325 which as such, shall be excluded from the sale or lease, sending the result of this classification to the administrator, who shall give full publicity, so that the residents can make the complaints, if any, against such classification. § 1. On the complaints received, the Directorate of Economic Services, shall prepare a report for technical purposes, and the administrator shall decide the case after inspecting the land. Against his decision an appeal lies to the Administrative Tribunal. § 2. The claims presented thirty days after the date of publication of the classification, shall not be entertained. Article 215. In each period of the field work, soon after the works of demarcation and division of lots are over, with the register of the surveyor being completed in relation to each lot, fresh notice shall be issued, inviting the owners of the adjoining lands and the party that have interest in the Comunidades, who may have or not attended the field work, to present within fifteen days, from the second publication of the same notice, any claims that may have to do in relation to the manner in which the survey register have been maintained and organized, the division into lots and the drawings and representation of maps in the field. After that period no complaints shall be attended to and for this purpose the duplicate of the register shall be made available to the public in the Comunidades meeting house and the respective original and the maps shall be displayed in the administration office, during the said period. § 1. As regards this complaint, the procedure to be followed shall be also that indicated in the article 212 and its paragraphs and the expenses of the inspections referred to in paragraph 1 of article 214, shall be at the cost of the comunidade, if the objections are in the general interest. § 2. During the period fixed in this article, the surveyor shall remain in the administration office, in order to furnish information about any claim or to make necessary modifications in the maps and in the registers, when these claims are upheld. § 3. It is the duty of the administrator to issue the notices mentioned in articles 213 and 215. Article 216. Soon after the classification of the excluded lands become final and there are no pending complaints to decide, steps shall be taken to organise and write the book of Register 1, (Tombo 1) which shall contain the name and number of the maps, of the lots or properties, the serial order and perimeter measurement of each one, the boundaries, the type of land, the type of cultivations and special crops and harvest in each lot, the natural or artificial irrigation to be found, the value, the rental, the other charges that they are subject to and all the details that could be obtained, including the improvements that could be made to various lots, separately or in groups, indicating in this last case the lots that may require the grouping for this purpose (model No. 11). § 1. The burdens that each lot is subject to, proportionally to the value of each one, shall be mentioned in the Register I (Tombo 1) in two separate heads, comprising: the 1st, the permanent and variable burdens, like the contributions for the assessment and various others duly authorized; the 2nd, the average of the variable or eventual expenses, such as renovation of sluice gates, bunds and others. The sum of these two items shall be deducted from the amount arrived at, as per clause 7 of article 209, and the remaining shall constitute the net income. § 2. The variable or eventual expenses shall be charged, solely, on the lots which take advantage from them, and not on the whole of the field and its average shall be calculated considering similar expenses done in the last nine years. § 3. As far as building properties are concerned, the same burdens that presently may have, shall be maintained without any addition. Article 217. The lot or lots that form part of the lands leased for long period shall be recorded in the Register I - (Tombo 1) in the same way as others. However, in respect of each one of them, the period when the lease terminates should be mentioned. Article 218. The work of organizing the Register I - (Tombo 1) referred to in the articles 216 and 217, shall be done during the period of office work by the surveyor who had carried out the corresponding field work. § 1. This work shall be executed under the supervision of the administrator of the Comunidades, in the respective administration office, with the assistance of the attorney or the commissioner of the Comunidades who have accompanied the work of preparing the register of properties. § 2. When a period of field work is not sufficient to complete the work of survey of all the properties of the comunidade, the surveyor shall take up in the period following the one designated for office work, the organization of the said Register I (Tombo 1)which shall be compatible with the non-completion of the field work following the formalities designated in Article 215. In this case, soon after the completion of the work that in this period may be executed, the surveyor shall be directed, by the administrator to present it to the Director of Economic Services. § 3. When the field work connected with the cadastral survey of a Comunidades has been completed, the surveyor shall complete the organization of the Tombo, as per this article, even if he requires more time besides the five months of office work. § 4. The maps drawn up, accompanied of the field registers, after being placed for objection to the public, as per Article 215, the same shall be sent to the Directorate of Economic Services to be finally drawn. Copies on paper tela, of the plans drawn shall be sent to the administration office by the Directorate of Economic Services. The Comunidades shall pay 6 $ for the final drawing of each plan, by way of compensation for the paper and other articles of drawing. These amounts shall constitute income of the State and shall be paid, on the order of the administrator of Comunidades, in the respective treasury offices, in view of the sheets sent by the Directorate of Economic Services, through the Directorate of Accounts and Revenue. Article 219. The surveyors, attorneys or commissioners, clerks, informers and measurers shall be paid as per the attached Table. § 1. The Comunidades shall pay the expense allowances, equal to those paid to them by the State for similar work, besides their respective transport allowance, to the Director of the Economic Services or to the heads of the sections of the respective Directorate, for the days in which they have spent on inspection of the field work connected with the preparation of the said Register. § 2. The surveyors shall be entitled to transport allowance, paid by the Comunidades, in terms of the regulations of the Directorate of Economic Services. § 3. The informers shall be entitled to the allowance for the days in which they were present in the field. Article 220. The surveyors entrusted with the cadastral survey work shall be ordered by the Director of Economic Services to present themselves to the administrators, who had requested their services, to remain under them to carry out the same work, but will not be under them in matters connected with discipline. The administrators shall inform the Director of any faults, if committed by them and report on the zeal shown in executing the works entrusted. § 1. The Director of Economic Services shall issue, whenever he thinks necessary, office orders giving precise instructions for the full and efficient functioning of the technical part of the work of cadastral survey work. § 2. Once the work connected with cadastral survey work of a particular Comunidades is over, the surveyor in-charge of the same shall prepare a report in which, briefly, he should mention the time spent on this work, the manner of its execution, the number of maps drawn up, the number of lots into which the Comunidades land have been divided, the total area of such lands, the number, total area and value of the encroachments and other details of the work and general description of the land surveyed, classified according to their nature, its situation and the kind of crops cultivated, so that a precise idea can be made of the territorial domain of each comunidade. § 3. Copies of each such report shall be sent one to the administrator and the other to the Directorate of Economic Services. Article 221. At the end, a description shall be made in the Register I (Tombo I) indicating the sources of income of the Comunidades not derived from its properties nor related to properties possessed by others. Section II Register 2 (Tombo 2) Article 222. The Register 2 (Tombo 2) is the detailed list of the properties in Comunidades domain which are in possession and inscribed in the name of the private persons (Model No. 12). Article 223. The Tombo 2 referred to in the preceding article, include properties that have been granted by way of aforamentos or are subject for payment of fixed contributions. Article 224. When the organization of Tombo 2 is not prepared, the Register shall be made as per books and other information available in the Comunidades and then the interested parties shall be invited, by way of publication, to make within thirty days, any claim as they deem fit. § 1. The claims shall be processed and decided in terms of article 390 and following. § 2. The list shall be prepared as per the model No. 12, and without prejudice to the ownership rights of the propriety, which shall be adjudicated in the judicial courts. Article 225. The detailed record relating to Register 2 (Tombo 2) shall be prepared as per the location wise order of the properties, by a committee comprising of the president of the managing committee, of the attorney, of the clerk and of two members, appointed by the administrator, from among the members of the comunidade. Sole § The members of the committee, referred to in this article, shall be awarded a special remuneration by the administrator, after consulting the comunidade, depending upon the volume and the importance of the work executed. The grant of this remuneration shall be subject to the sanction of the Governor-General. Article 226. Requests for subsequent mutation of the properties in the Tombo 2 shall be made to the administrator, by application supported by the following documents: Title proving transmission of domain; The payment of the [siza] [siza - transference tax due to the Revenue Department.] whenever payable. § 1. The properties registered in Tombo 2 in a name different from the one of the transferor, or of the one who represents him, shall not be mutated. In the same way those properties, the foro in respect of which and other contribution relating to the last five years are in arrears, shall also not registered save when the defaulter pays the due at the time of mutation. § 2. If the property is transferred with reservation of usufruct, the mutation shall not be done; however if the ownership and usufruct are transferred to different persons, the mutation shall be done first making clear reference to his statue as usufructuary and mutation in the name of the owner shall be done only when the ownership is merge with the usufruct. § 3. However the property, fulfilling the requirements of the paragraph 1, may be mutated when by a judgement of Civil Court, that has become res judicata, either the ownership of the property was acknowledged to the applicant or given mere possession. Article 227. When the total value of the properties involved in favour of a solitary person, either as mandatory heir or legal heir, does not exceed 3000$, and there are no other assets in the state, the mutation shall be carried out if the interested party establishes their local standard, after following the formalities prescribed in the paragraphs 1 and 2 of the article 25. In addition it shall prove the value of the property based on the certificate of the revenue records that the tax was paid and in the event that no name is found in the revenue records, opinion of the president of the managing committee and of the clerk of the Comunidades could be a substitute. Sole § However the public notice, shall be issued making reference to the caption to the detailed record of properties which shall contain, besides the name and address of the transferor, the name of property, its location and properties and its boundaries, name and address of transferring person and the capacity in which transferor so qualifies. Article 228. The mutation of one property in the name of more than one possessor is not allowed, as the mutation of many properties with the foro of all the properties together, is prohibited in the name of one possessor. Article 229. The provisional mutation in the name of head of family is allowed upon proving by a certified copy obtained from a pending inventory, and also in the name of the head of a family society, on production of an authentic document proving that such society has been legally constituted. Section III Division of property and proportionate division of foro Article 230. The division of properties and proportionate division of foro of the properties mutated or to be mutated in the Register 2 - (Tombo2) is mandatory in the following cases:- When the property is mutated in the name of many persons and there is no indication as to the foro for each person; When several properties are mutated in the name of single individual and there is no indication of the foro for each property; When one part of the property mutated is transferred or the entire property is transferred in parts. Article 231. The division of foro and proportionate division of the properties, in the case of clauses 1 and 3 of the preceding article, shall be made in the following manner:- ### 1. If the authentic document does not indicate which part belongs to each person, the division shall be made in equal parts, as if all are possessors of the equal part of the property; ### 2. If the part belonging to each person is a certain share of the whole property, the division of the foro shall be made in the proportion of the shares of all of them; ### 3. If the share of each person is known and not being a fixed part of the entire property, the interested parties shall agree between themselves on the division of the foro. § 1 Only in the case of the clause 3 the managing committee shall be heard and, when it agrees with the division made, the foro for each part shall be that fixed by the interested parties. § 2 If the interested parties fail to reach an agreement between themselves on the division of the foro, or the managing committee does not agree in the effort made by the interested parties, the said committee shall propose the share to be borne by each party and the administrator shall determine the share of foro to be assigned to each part of the property, when he is able to get the information regarding the value of each fraction. Article 232. The division of foro and proportionate division of the properties in the case referred to in clause 2 of article 230 shall be made in the proportion to the value of each property, by applying to each of these the share that is due, according to his value. Sole § The value of each property shall be fixed in accordance with Article 227. Article 233. The documents required to effect the division of property and proportionate division of the foro shall be produced by the interested parties and, when they fail to do so and foro is needed to be separated to regularise the Tombo 2, those documents shall be officially obtained by the clerk of the Comunidades and its cost charged on the same interested parties in its current accounts to be collected in execution proceedings, as per Title V, in case they do not pay voluntarily. Article 234. After the division of foro is done in the manner indicated in the preceding articles, the share due to each part in the property or in each property, shall be increased by 5 per cent, and rounded up or down to the nearest centavo resulting from the operation, and once increased it shall remain as a charge in future on the party or properties whose foro has been separated. § 1 The increase of five per cent affects not only the part or the properties transferred by a possessor, but also the other part or the other properties that continue registered in the name of the transferor, as it is in the case provided for in clause 2 of article 230. § 2 When, after the division of foro and proportionate division of the properties is done, as per this article, it is verified that the foro resulting of any property or its share is below 12$, those liable to pay the said foro shall obligatorily redeem the same, by paying the instalments or annuities and plus the annuity relating to the year of remission, independently of the order of the administrator, proceeding further as laid down in the paragraphs of article 238. Article 235. The division of foro and proportionate division of the properties in manner prescribed in this section is mandatory not only for the first divisions of the property but also in the successive sub-divisions. Article 236. Every time when the division and separation of foro is carried out, the clerk of the comunidade, within eight days, shall send to the administration office a statement indicating the name of the property and its possessor, the foro that is payable, the pinto which it was divided, the share corresponding to each part with addition of the 5 per cent, and the name of the person in whose favour it stands registered, in order to be taken into account at the time of approval of balance sheet of income and expenditure. Sole § The clerk, who fails to comply with what is prescribed in this article, shall incur a fine of 18$, imposed by the administrator, for each default committed. Article 237. After the separation is done, the clerk of the 'comunidade' shall cancel the previous mutation of the property in the Tombo 2, by opening a new one and indicating in this, the foro that shall be payable subsequently. Section IV Redemption of foro Article 238. The redemption of the foro of the emphyteusis of the Comunidades or of any periodical payments that the Comunidades receive from the proprietors, servants or other individuals under the article 6, shall be applied to the clerk of the comunidade, requesting that the amount may be calculated and received, mentioning in the petition the nature and the burden thereof of which redemption is asked for. § 1 The clerk, within the period of eight days and under his responsibility, shall calculate the amount of redemption. This shall be recorded on the reverse of the application, adding to the sum, the outstanding annuities due to the comunidade. § 2 The amount payable for the redemption is the sum of twenty annuities of the foro or burden whose redemption is intended, plus the annuity relating to the year of redemption, when it is not done, with effective payment, by 31st March. § 3 The application shall then be returned to the party, who has to effect the payment into the safe of the amount calculated. § 4 At the time of payment, the clerk of the 'comunidade' shall mention below the calculation set out in the application the following note: "The above amount was paid on this date, by item no........., mentioned at pg........ of the Cash Book No.... and noted the transference in the corresponding entry in the Register 2, No......" § 5 The application containing the calculation and note referred to above, shall remain in possession of the interested party, who shall return it to the clerk no sooner he obtains the certified copy of the redemption's effected, with the designations contained in the respective lists, wherein reference is made to the payment effected. Article 239. The redemption of foro below 12$, is mandatory and this should be done within 12 months, from the publication of this Code relating to emphyteusis granted earlier, and from the date of the final possession given in respect of the future grants. Sole § The redemption referred to in the body of this article may be applied for by any person, without thereby acquiring any title by this fact. Article 240. The certified copy that referred to in the paragraph 5 of article 238, after countersigned by the administrator, is a sufficient document for the registrations and annotations in the competent land registration office. § 1 The certified copy shall be issued independent of the administrator's order, but those wishing to obtain the certified copy urgently, shall give to the clerk, at the time of payment, the required stamp paper and the clerk of the Comunidades is bound to declare, in this case, under the note written in the reverse of the application, the number of pages and half pages given to him and issue the certified copy within five days immediately after the payment. § 2 At the time of auditing the accounts, the clerk shall be held responsible to the Comunidades or to the parties, to whom they shall compensate for the amounts that may have received less or in excess. To facilitate this verification they shall present in such act the applications that may have been returned by the parties. § 3 In the ordinary meetings of the managing committee there shall be, in each comunidade, whenever necessary, an ordinary opening of the safe, meant for the collection of the amounts corresponding to the liquidations done in the preceding month. § 4 Any applicant may request the extraordinary opening of the safe to receive the capital of the redemption. In this case opening fees shall be deposited with the clerk of the comunidade. § 5 The clerk shall send to the respective administration office, within forty hours of each opening of the safe, a report of redemption effected on such occasion, with all the necessary details in order to verify if calculations and payments conform to the corresponding certified copy. § 6 The price of redemption may be paid, in full or in pin shares of the same comunidade, at the market price, fixed by the administrator, after hearing the managing committee. § 7 The shares shall be endorsed by the respective proprietors in favour of the comunidade, mentioning expressly in the endorsement of redemption or redemptions to which they apply. The presenters shall take with them the necessary amount to pay the stamp duty and registration fees for endorsement and annotation, without which they shall not be accepted. § 8 Two or more individuals may present, in common, one or more shares for the payment of the price of redemption of the charges related to two or more properties, provided that such use of shares does not result in a positive balance in favour of the respective proprietors. § 9 In the register of share holders, the clerks shall make the mutation of shares in favour of Comunidades and cancel from the mutation the name of the transferor, obtaining previously from the administration office the annotation of shares, for which they shall present or send to the administration office the shares along with the amount received as deposit for the stamp duty and fees. After the inscription is made the shares shall be kept in the respective safe. Article 241. After the redemption, when this is of the entire foro or of the other charges regarding the property, the clerk of the Comunidades shall cancel the mutation of the same property made in the Register -2 (Tombo 2), and when only of a part of the foro or charge, have been redeemed, necessary note of the same is made in the registration of the property, reducing its foro or charge to the part that has not been redeemed. Article 242. The claims for payments in instalments shall not be attended to, but redemptions of part of foro or any other charges shall be permitted. However the properties on whom partial redemptions have been made shall remain burden in the same way by the remaining charge or part of the charge. Chapter III Ordinary auctions ---------------------------------- Section I Estimate or evaluation of items of revenue and items of expenditure in general Article 243. All ordinary auction of the properties, works, services and agreements of the Comunidades shall be preceded by an estimate or evaluation, organized as per the instructions of the respective managing committee, observing the following provisions. Article 244. The managing committee shall call the [camotins] [Camotins- were inspectors of paddy fields.] and [painis] [Painis- were supervisors of the paddy fields.] for ordinary meeting of the month of April and, after hearing their views , shall give instructions to the clerk of the Comunidades to prepare the estimate and the clauses of the auction, recording the same in the respective minutes. Article 245. The assessment shall be done on the basis of the following clauses:- ### 1. For the rent of the palm groves and any other sources of income, the average of the rent obtained in the last three trienniums; ### 2. For the amount payable for the services and works, the estimate prepared by the managing committee, or with the assistance of technical staff, whenever justified, in view of importance of service and work; ### 3. For the expenses of other items of expenditure, the average of the cost of last three years; ### 4. For the ordinary income and expenditure which may not have been auctioned in the previous years, what the managing committee may fix, after getting the views of the officials mentioned in the previous article and, if necessary, one or two experts, familiar with the specialities and chosen by the managing committee. § 1 The opinion of these technical staff, officials and experts shall be recorded in the minutes that refers to in the previous article, forming part of the instructions that the committee shall give to the clerk of the comunidade. § 2 Any clauses established in the assessment which are contrary to the provisions of this Code, are null and void, and the managing committee and the administrator shall be jointly and severally responsible for the damages that may result to the Comunidades or to the private parties. Article 246. Based on the instructions given by the managing committee, the clerk of the Comunidades shall prepare, with the intervention of the attorney, the estimate, in a form of a chat, mentioning therein the coconut garden, cashew garden, land for cultivation of vegetable, lands for the cultivation of pulses, saltpans, building properties, lagoons and rivulets for fishing and any other sources of income. § 1 In the same chat, after entering the items of the income, it shall follow the items of expenditure, such as construction works, repairs of roads leading to paddy fields, services and others. § 2 All the items shall have a number in sequence, with reference to the numbering of previous assessment, its special denomination and the rent, premium or price for which they are to be auctioned. § 3 Following the above listing, the clauses of bid in relation to each type shall be written, those necessary for the purpose of preparatory work and for preparation, ploughing and maintenance of bunds and dykes, conservation of planks, contrivances, outlets, reservoir, distribution of water, fishing and other services. Article 247. The estimate shall be completed by 21st April, signed by the attorney and clerk, and shall be kept for the examination of the interested parties in the archive office till the first Sunday of the month of May, on all working days and during the office hours. The interested persons may propose, in writing and on a plain paper, any alterations, which shall be handed over to the clerk of the Comunidades or in the administration office of the Comunidades, which in the latter case shall forward them, within twenty four hours, to the clerk of the comunidade. The estimates and alterations shall be examine in the following manner:- (a) The managing committee shall meet in session on the first Sunday of May and the clerk of the Comunidades shall present for its examination the estimate and all the proposals for revision that may have been received and that the committee shall accept or reject, correcting in the first case the estimate and the clauses, as per the proposals adopted and the rules as deem fit to apply, by recording all in the minutes, as well the reasons that justify these changes; (b) On the first Sunday after the meeting of the managing committee, the Comunidades shall meet, in continuous and uninterrupted session, convened by way of notice affixed, three days in advance, on the door of the meetings hall and of the temples of any religion existing in the village and by way of cry made in the places that may have been indicated and, after examining the estimate and the clauses, after introduction of the changes made by the committee, shall approve or modify the same as it thinks fit, by recording every thing in the minutes. Article 248. The clerks of the Comunidades shall present the estimate in the administration office by 25th May, with the modifications done in terms of sub-paragraphs of the preceding article, and the administrator shall confirm or alter the same, solving all the disputes that may have been raised, by 15th June, applying the penalties established in the Code to the clerks of Comunidades and agents for the breaches of the rules that may have incurred and handing over the estimate by end of the period fixed to the respective clerks of the comunidade. § 1 In the case of works or services, the administrator shall consult the technical person before giving his final decision. Article 249. Soon after receiving the estimate, the clerk of the Comunidades shall make a note in the margin indicating the alterations made by the administrator and within a period of five days, that cannot be extended, present it again to the administrator, who after verifying if it is in order, shall approve, handing it over to the clerk by the 25th of the same month of June. Sole § The administrator who does not observe the period fixed on the body of the article shall incur the penalty of 600$ for each default. Article 250. The clerk of the Comunidades who does not fulfil the rules and the time limit prescribed for the operations of the estimate, shall incur the penalty of 300 $ for the first default and twice of this penalty for each subsequent violation. Article 251. The estimate, once approved by the administrator, comes into force immediately, but against the decision of the administrator lies an appeal, which does not stay the execution, to the Administrative Tribunal. Article 252. The estimate and the maps of the fields to be auctioned shall be displayed in the meetings hall during office hours on the two days prior to the day of auction, to be examined by the interested parties, to whom the managing committee or the clerk of the Comunidades shall provide all information and clarifications. Article 253. All the fields belonging to the private owners, who make use of the irrigation works executed by the comunidade, shall pay in the month of November of each year, to the same Comunidades a charge fixed by the managing committee and approved by the administrator, which shall not be higher than the one that the State receives on account of waters of the 'Channel of Paroda' nor below 50 per cent of that charge, same charge being applicable for the contracts previous to the publication of this Code. § 1 After the charges have been calculated, the private owners shall sign before the managing committee a declaration that they wish to utilize the water and undertake to pay the said charge, and this declaration shall have effects till it is not modified or revoked by another. § 2 The operator of water supply of the irrigation work does not have right to any payment in money or kind, besides the auction premium. Article 254. The extraction of earth from the fields of the Comunidades is expressly forbidden , without prior authorization of the managing committee granted in a meeting, on verbal request of the interested party, and approved by the administrator, to whom the copy of the minutes shall be submitted by the clerk of the comunidade, within the period of five days. Sole § This prohibition does not include the earth that may be extracted for the repairs of the bunds existing in the paddy fields or for the repair of the borders of properties bordering upon the paddy fields, in which cases the interested person shall inform the fact in advance to the clerk of the comunidade, who shall bring the same to the notice of the attorney for him to supervise. Article 255. The managing committee shall authorize the extraction of the mud from the subsoil, only in the paddy fields of the Comunidades that have a level higher than that of the adjacent field, for the following purposes: construction of houses, manufacture of artefacts of clay and repair of borders and improvement of the bordering private properties, when there is no encroachment of adjoining land belonging to the Comunidades. Sole § The rental for the extraction of clay earth for the making of clay artefacts shall be entered in the estimate of the income and put out for public auction. Article 256. The respective lease holder is bound to complain against any extraction of ewhich has not been authorized by the managing committee, in terms of preceding articles, under penalty of being responsible for the transgression, along with the offender, and the managing committee, on verifying this fact, shall authorize the attorney of the Comunidades to bring to the notice of the "Ministerio Público", for the purposes of criminal proceedings, failing which its members shall incur a fine of 300$. Section II Licitation Article 257. All the bids and contracts, either of income or expenditure, shall be auctioned by the managing committee and granted to the suitable bidders, who shall deposit earnest money in terms of Section III of this Chapter. Article 258. The auction or [licitation] [The word -'Licitation' is defined in the Blacks Law Dictionary.] , annual or triennial, in each Comunidades shall be carried out between 1st to 31st July and shall end by 31st October. Sole § The administrator of Comunidades, may authorize the extension of the period for the finalization of the auctions, on proposal of the managing committee, whenever he finds that the reasons submitted are acceptable. Article 259. The lease period of the source of income of the Comunidades shall be, as a rule, of three years and in special cases however, the same period can be extended for nine years, whenever the Comunidades acknowledge the necessity of useful improvement to be made before the preparation of the estimate, and in such cases, a special clause shall be inserted dealing with such improvements in the properties. § 1. When the Comunidades has coconut gardens, the auction of these shall be for a period of nine years, subject to special conditions in the estimates. § 2. The auction of items of expenditure will be yearly. Article 260. During the auction the items of income shall have precedent over the items of expenditures and shall be carried out during five hours every day on the days fixed and duly announced, starting at 10 hours, when they are held in the respective village, and at 11 hours when held at the administration office of the Comunidades. Article 261. The extraordinary auctions of the perished trees and of the old wood of the gates shall be done by way of notices issued eight days in advance and cries in the village on the previous day. The same shall be preceded by estimate drawn by the clerk and the attorney of the Comunidades and approved by the managing committee. Article 262. The ordinary annual or triennial auctions shall be made public by way of notices affixed ten days in advance -one on the door of the meetings hall of the Comunidades and the other to the door of the temples of any religion existing in the village. § 1. A notice shall also be published in the Official Gazette or in any newspaper of the taluka, if any. § 2. The notice shall specify the item to be auctioned , the place, the time and day of the auction. Article 263. The meetings of the managing committee, for auction or licitation shall be continuous and without interruption, without exception of holidays, inclusive religious ones, until all the items are auctioned. § 1. The auction shall be conducted in the order by which the various lots and items have been listed in the estimate. All those whose licitation prices are the highest shall be awarded to the highest bidder. Only those on which there is no competition or request for auction, shall be reserved for new auction. § 2. Each lot or bid shall be called in a loud and in an audible voice and concluded, with the highest bid, with a previous declaration repeated three times, that the same shall be closed as per express order of the president of the managing committee, after which no further bid or any price shall be accepted. § 3. Once started, the auction can be suspended only by determination of the Governor General and in any case, when re-starts, it shall be announced five days in advance. § 4. The award of each lot or item shall be certified by a declaration signed immediately, following the award in the open auction, in terms of the paragraph 1 of article 533 and model No. 13, mentioning at the end of the declaration, the items not awarded, with the indication of the respective numbers. § 5. Only one declaration can be drawn up of the items not auctioned, when they are listed one after the other. Article 264. The following is expressly prohibited:- ### 1. Joint award of one item to more than one person; ### 2. To finalize, in group, more than one item in favour of only one individual, though he may offer greater advantage; ### 3. To accept a bidder who offers to provide some service by paying some sum to the Comunidades ('savanzonvom'); Sole § The following persons are disqualified to bid in the auctions, directly or through a third party. ### 1. The debtors to the Comunidades or its subrogates, adjudged as such, or against whom action or execution proceedings are pending or even against whom a current account has been issued; ### 2. In the case of works and services, those who, by decision of the administrator, or the director of the Public Works and Transport or of any other entity, designated by the Governor General, may have been disqualified to compete for execution of the works having given proofs of incompetence or to have used fraudulent means in the execution of contract works that may have been awarded or entrusted, or who may have been found to be defaulters for more than one time, due to deficiency in the works executed by them. Article 265. Auction or self cultivation of Comunidades land is forbidden in case of following land :- ### 1. The lands reserved for easement of the neighbours; ### 2. The lands necessary for cattle grazing ; ### 3. The lands here marked for threshing and other necessary work for cultivation or protection of the fields. Article 266. The items that remain to be auctioned during the first auction, referred to in the article 257, shall be announced again for auction, in terms of paragraph 3 of article 263, with the price being changed upward or downward, as the items are for the expense or revenue, as determined by the administrator, within the period of five days, based on the opinion of the managing committee given on the last day of auction. The administrator may decide about any other form which he thinks convenient for the interests of the Comunidades and the clerk is bound to give publicity to the decisions taken by higher authorities. Sole § In cases of auction of works or services of maintenance of embankment and other expenditure work of the fields, only the increases indicated by the technical personnel, duly justified, can be considered, and if, even with these increases, there are no bidders, the services or works shall be executed by direct administration. Article 267. After the auctions are over and after the totals of the income and expenses awarded have been added up, indicating its source, the clerk of the comunidade, along with its attorney, shall write the closing declaration, mentioning, in words, the respective total, and shall present the books to the administration office, within eight days, under penalty of a fine of 120$, to enable the administrator to give his approval. § 1. The administrator shall give his approval, within the period of thirty days, from the date of submission of the books, and this approval shall be recorded in the entry book of the administration. § 2. There shall be no appeal against the order approving the auctions. Article 268. The administrator shall decline suo moto to approve the auction when he detects irregularities which involve nullity of the contract, approving the portion not affected by the defect. Article 269. The order refusing the approval depends upon the confirmation by the Administrative Tribunal. § 1. The administrator, on his own initiative within eight days, shall inform of the refusal of the approval to the Administrative Tribunal, sending to the said Tribunal copy of his order and all the documents and elements justifying the refusal. § 2. In case of a complaint against an irregularity in the auction within the period stipulated for the approval, the administrator shall refer it to the Administrative Tribunal within the time limit and in the manner indicated in the relevant portion of the previous paragraph, and shall not approve the amount or amounts covered by the complaint. § 3. Once the file is received by the Administrative Tribunal, the same shall be allotted, in the first session after its receipt, and shall be finalized and sent, within twenty four hours, to the reporting member, who shall present it in the first session after sending for trial, independent of circulation for the approvals and the judgement shall be pronounced soon thereafter. § 4. The secretary of the said Tribunal, within forty eight hours from the decision, shall send the copy of the judgement to the administration office of the Comunidades. § 5. The administrator who, in the prescribed period, fails to refer to the Administrative Tribunal the papers relating to the refusal of approval, shall be punished with the fine of 300$, imposed by the same Tribunal in the respective judgement. Article 270. If the Administrative Tribunal confirms the refusal of approval, the administrator, within twenty four hours after the receipt of the copy of judgement, shall fix the date for the new auction of the lot or lots, the adjudication of which have been annulled. Sole § The administrator who fails to comply with what is prescribed in this article shall be punished with a fine of 300$ and shall be liable for the damages and loss that may have been caused. Article 271. The auction after it is closed with the approval, shall not be rescinded nor amended on any ground. Article 272. After the triennial auction is approved, the clerk of the Comunidades shall send to the administration office, within the period of fifteen days, a list of all items, with the amount of rent of each one, which shall be sent to the respective revenue office in order to settle there the matter of the stamp duty on rent. Section III [Security] [[Section 436 of the Portuguese Civil Procedure Code. Section 818 of the Portuguese Civil Procedure Code.]] Article 273. No bid of item of revenue or expense contract shall be awarded in the auctions without execution of a proper bond and unless its fitness is satisfied and accepted by the managing committee before finalizing the contract. Sole § The decision of the committee rejecting the guarantee furnished shall be duly substantiated and recorded, in the minutes of the auction. Article 274. Against the decision of the committee rejecting the guaranty offered, irrespective of its nature or quality, an appeal shall lie to the administrator of Comunidades, who shall decide within the shortest possible period, as per the following procedure: (a) The appeal shall be filed in a simple application, supported by all the documents of proof, addressed to the administrator of Comunidades and presented, within three days from the auction, to the clerk of the comunidade, who shall issue the acknowledgement receipt, or in the administration office, from where it shall be forwarded to the clerk of the comunidade; (b) The clerk, after recording the date and time when the appeal was received, shall forward the same to the administrator, within forty eight hours and without expense to the party, with the copy of the minutes of the auction, concerning the portion referred to in the auctioning of the lot and to the bond furnished by the appellant; (c) The administrator, shall conduct the enquiry that he may find necessary and, decide the appeal setting out clearly his reasons, within forty eight hours after the receipt of the information requested, or ten days after the receipt of the appeal; (d) The administrator on the same day of the decision of the appeal or on the next day, shall inform the clerk of the Comunidades about his decision, for him to notify the managing committee, that shall comply with it immediately, and to the respective appellant. Article 275. An appeal, which will have no effect on the execution, shall lie to the administrator of Comunidades against the decision of the committee accepting the surety, brought up by any interested party or representative of the comunidade. This appeal shall be filed within three days from the acceptance. Article 276. The decisions of the administrator in the matter of guaranty are subject to appeal, which will have no effect on its execution, shall lie to the Administrative Tribunal. Article 277. The appeal to the administrator against the refusal of surety by the committee may be presented, on plain paper, and shall not be subject for payment of cost, but the appeal to the administrator against the acceptance of the guarantee by the committee, as well as the appeal against the decisions of the administrator, to the Administrative Tribunal shall be subject for payment of cost at the end by the loser. Article 278. The administrator, who does not obey, with the time limits established in the preceding provisions, and the members of the managing committee and the clerk of the comunidade, who fail to give prompt execution to the decision of the appeal, shall each one, incur a fine of 3000$. Besides this the agents, who are employees, shall be subject to disciplinary action. Article 279. The guaranty can be provided by surety, mortgage, cash, deposit or pledge of objects of gold, silver and shares of comunidade. Sole § No surety by pledge shall be accepted from bidders of works, services or supplies whose price exceed 1800$. Article 280. The guarantors are always the principal payers and, in the case of their insolvency, the members of the managing committee shall be jointly and severally responsible for the obligation guaranteed to them or for the part which remains due, after execution of the properties of the bidders and their guarantors. Article 281. When the guaranty consists in pledge of objects of gold or silver, these shall be, at the time of auction, weighed and estimated by the goldsmith, designated by the president of the managing committee and paid by the bidder, and kept in the safe of the comunidade, after being conveniently packed in a box or in a bundle closed and sealed with wax seal, with signature or seal of the clerk of the Comunidades and of the bidder or of the person indicated by him, everything being recorded in the minutes of adjudication, which shall be signed by the goldsmith and by person chosen by the bidder. Article 282. When the guarantee provided is by way of shares of the Comunidades which are registered in the name of the bidder or any other, its value shall be the one indicated by the quotation at the time of the offer, minus one third, and in the minutes of bidding, those shares shall be conveniently identified and kept in the safe of the comunidade. Article 283. When the guarantee, for rental of properties, is provided by deposit of money, pledge of objects of gold or silver or of the shares, which shall be preserved in the safe till the end of the period of contract, the amount equivalent to the pension and contributions for one year plus one fifth, shall be sufficient. Article 284. In the lease of rustic properties, besides the guarantee, also the fruits and the products of respective items shall be acceptable as guarantee for the pension. Article 285. In the items of the expenditure of the Comunidades and of the services and supplies, the value of the surety shall be set in the evaluation or in the respective proceedings. Article 286. The lot auctioned and not awarded because the guarantee offered was not accepted, shall be awarded to the other bidder, if any, recording soon thereafter, the declaration of provisional auction, mentioning therein all the facts that took place and the names of the bidder and his guarantor, whose guarantee was rejected and the price offered. § 1. If no appeal was filed or if filed, it was rejected, the provisional declaration of auction shall be converted in definitive, and the clerk of the Comunidades shall note such conversion at the margin of the respective declaration in red ink, and this note shall be authenticated by the managing committee. § 2. If the appeal is accepted, the clerk of the Comunidades shall make in the margin of the minutes, the competent marginal note in respective declaration, and consequently the lot shall be let out to the appellant for the price offered, transcribing the same in the respective column, in red ink, and cancelling the one of the provisional lease, also in red ink. This marginal note shall be authenticated by the respective managing committee. § 3. When the managing committee does not admit the guarantee for being unsuitable and the bidder being only one, the declaration of provisional auction shall be written, indicating all the circumstances and this shall be converted into definitive, in case the appeal is accepted. Otherwise it shall be cancelled when the appeal is rejected or when the party fails to appeal and in this last circumstance, the clerk of the comunidade, soon after the expiry of the period, shall announce a new auction, observing the legal formalities. § 4. The note, either of the conversion of the provisional adjudication into definitive, or of its cancellation, shall be recorded, in red ink, and countersigned by the managing committee in the margin. Article 287. In case of surety consisting of mortgage of immovable properties the bidders shall waive the venue of the location of these properties, when situated out of the respective judicial division. Section IV Transfer of contract Article 288. Any individual to whom any item of income or expenditure has been awarded by auction he may transmit it to the third party or to the very surety. § 1. The transfer shall be recorded by the clerk of the Comunidades in the competent book, with the consent of the managing committee and with new guarantors, when the ones from the auction do not want to guarantee the transfer or these transfers are made to guarantors themselves. § 2. Those who are empowered to bid for auction have also right to be transferees, although, the transferors shall be liable, on a subsidiary basis, to the Comunidades for the obligations under the respective contract. § 3. No transfer shall be made by dividing the item during the course of the auction or in the actual declaration of award. Section V Eviction of tenant Article 289. Without prejudice to any other penalties that may be imposed under the clauses of the respective contract, the lessee of the properties and the bidders of the services, works and other items, may be evicted by the administrator, on the proposal of the managing committee, after they have been heard on the point of breach of their contract and shall be liable to pay to the Comunidades any difference that may be for less in the rent or for more in the price, according to the result of the new auction of the respective item, which shall proceed as per the formalities prescribed for the auctions in general. Section VI Damages and charges Article 290. The following are called charges :- ### 1. The liability imposed on the guards, in conformity with the clauses previously agreed upon on account of the value of the produce that is diverted from the properties, of the rent and of the damages caused to the same; ### 2. The liability imposed to members of the Comunidades and to the holder of aforamentos of the Comunidades on account of breach committed against the provisions of this Code or the clauses stipulated by the comunidade; ### 3. The liability imposed by higher authorities against all those who have current accounts in the comunidade. Sole § The absence of the charges against the guards on the part of the treasurer of the managing committee does not exonerate the leases of the Comunidades of the obligation to pay the rent and the contributions due. Section VII Lease of paddy fields Article 291. The paddy fields of the Comunidades shall be leased by means of public auction, for the period of six years. Sole § This system shall come into force from the year 1962. Article 292. The auction for the lease of paddy fields shall take place from 1st July to 30th September of the year immediately preceding the period to which it is intended for and shall be held in the meetings place of the comunidade. § 1. The basis for licitation shall be calculated in kind (rice) , in the quantity of rent indicated in the respective estimates in force and expressed in cash, as per official price fixed by the Governor General, on hearing the Directorate of Economic Services, of the Board of External Trade and of the administrator of Comunidades. § 2. The estimates of the paddy fields may be reviewed periodically in the manner directed by the Governor General by an executive order, but the revision made in this manner shall only be applicable in the auction for the next period. § 3. The clauses which govern the lease shall be prescribed by the managing committees, on the approval of the administrator, after hearing the head of the agricultural division or agricultural zone. § 4. It is the duty of the managing committee and specially of the attorney and the clerk of the Comunidades to supervise the compliance of the clauses of lease, less they shall be responsible for the losses and damages. Similar powers are vested on the personnel of agricultural divisions or agricultural zones, but only in respect to cultivation and its preparatory works. § 5. In the harvest season, under the proposal of the managing committee, approved by the administrator, necessary guards shall be admitted to work under the orders of the attorney, receiving the salary that, for each season, is fixed by the administrator, up to the limit of 18$ per day. § 6. The conditions of the supervisory duties of the attorney and of the guards shall be stipulated in the respective estimate. Article 293. The rent payable by the lease holders shall be paid in cash, comprising the amount offered in the auction bid, increased by amounts foreseen in the estimate, in relation to the subsidiary crops. Article 294. The auction, to be announced in advance, shall be held in one or more rounds. § 1. At the first bidding, only the cultivators who have actual residence in the village, for more than two years, may compete. § 2. If at the first bidding there remain lots without being taken in auction, the same shall be auctioned at the second bidding, to which the cultivators of the village of any taluka may compete. § 3. If still there are vacant lots, the same shall be auctioned in the third and subsequent sessions, with a reduced base price, as per article 266, to which all or any cultivator may compete, independently of the limit foreseen in article 296, after the third bidding. § 4. In the auction, each bid shall not be lesser than 6$. § 5. In the absence of bidders in the case envisaged in the paragraph 3, the lot shall be given through private negotiations for any price and for one year, being again put up to public auction in the subsequent year. § 6. The lease holder who has cultivated the lot in the previous year, even if he has no actual residence, in the last two years, in the village of the comunidade, shall have right to option in the first and second bidding, at the time of auction, soon after the price of bid is finalized unless he has been punished under article 300. Article 295. Only the cultivators can take on lease the paddy fields of the comunidade, but in no case, they shall sub-let the same, enter into on partnership or enter into any contract or service, on the pain of the contract being rescinded and to a fine equivalent to double the rent and equal fine being imposed on the sub lessee. Sole § For the purposes of the provisions of this article, cultivator means the one who cultivates the field personally, or with his family members, relatives, or with workers paid by him. Article 296. Each cultivator can only take on lease one or more lots whose total gross production does not exceed 20 [candils] [Candil - A measurement of capacity of 20 curos and one curo is equivalent to 8 litres.] of 160 litres each, when the number of his family members is not more than five, to 25 candils when that number does not exceed eight and to 30 candils when the family members exceed more than eight, on the pain of the contract being nullified. § 1. A tolerance up to one candil may be permitted safeguarding also the case in which a single lot has production beyond the limit fixed. § 2. On the recommendation from the administrator, at least ninety days prior to the auction, the Governor General can reduce the limit fixed in the body of this article, in the Comunidades when there is a justified need of better distribution of the fields. § 3. For the purposes of restriction foreseen in this article, it shall be taken into account the production of the paddy fields of the cultivator itself and his family or even of the paddy fields of other individuals singular or collective, taken on rent by them. Article 297. The allotment shall be done, without need of any kind of bond or special guarantee, as the produce itself shall be the guarantee for the payment of rent, unless if the lot or lots may have been auctioned with an increase higher than 30 per cent of the starting price, in which case, guarantee shall be demanded, in terms of section III. Sole § When two or more lots, have been allotted to a cultivator, the fruits of each of the lots and of all together, shall guarantee for all the rent due. Article 298. On account of the non the payment of rent, within the period of the contract, the lessee shall be subject to the following penalties: (a) During the first ten days, a daily fine of 6$, up to the limit of 25 per cent of the rent, which shall be collected along with the rent; (b) If the payment is effected with delay up to 30 days, with fine of 12$ per day, to the limit of 50 per cent of the rent, which shall be collected in terms indicated in preceding clause; (c) After 30 days without the rent, being paid the managing committee shall immediately proceed to the seizure of the produce and sell it in public auction, entering the price in the safe, till the corresponding amount of the rent, fine and increases is met, depositing the remainder in favour of the leaseholder , unless a bond has been provided in terms of the final part of article 297, in which case the same bond shall be broken and by its value paid the rent, fine and further increases, and the contract shall be terminated. (d) Whenever the produce is withdrawn and the bond has not been furnished, a fine equivalent to the value of the rent, convertible into prison at 20$ per day till the limit of two years, in case of not being paid voluntarily within ten days, and termination of the respective contract; (e) The guard of the respective paddy field who allows the produce to be lifted without taking measures to obstruct the lifting, incurs in the fine foreseen in the previous clause. Article 299. If the lessee does not cultivate the lot or lots, he shall incur a fine equivalent to the double the rent , convertible in prison, in case of non-payment within ten days, at the rate of 20$ per day, in addition to the rescission of the contract. Article 300. If the lessee does not execute the preparatory and other works, in the periods and in the form that may have been fixed in the clauses of the lease, or does not cultivate the lot or lots, in terms prescribed in the conditions of the lease, he shall be subject to pay a fine equivalent to half of the rent, without prejudice to the payment of the rental. Sole § The time limits referred in this article can be extended by the administrator, after hearing the respective agricultural authorities or zone. Article 301. The lease of the paddy field of the Comunidades in not determined on the death of the lessee, if survived by the spouse not separated of persons and properties judicially or de facto, or descendants or ascendants who had lived with him at least for one year. § 1. The transfer of the right of lease established in the body of this article is done in the following order: (a) To the survived spouse; (b) To the descendants, the near ones having preference; (c) The ascendants, the near ones have the preference in the same manner. § 2. The succession in favour of descendants or ascendants of the original lessee shall also take place on the death of spouse of the latter, when in terms of this article such right has been transferred to such spouse. This second transmission can only be made in favour of the persons who had lived with the spouse of the lessee at least for a year. § 3. The renewal of the contract of lease shall be granted by the administrator of Comunidades, on the application of the interested party, made within the period of 30 days from the date of death of the lessee. The decision of the administrator shall be subject to the approval of the Governor General. Article 302. Without prejudice to the provisions laid down in the previous article, the lots which became vacant by the death of the lessee or for any other reason, shall be awarded by public auction for remaining period of six years. But if there is justified urgency it shall be awarded by private negotiations, announced by cries given, with the antecedence of three days, however in the following year the procedure prescribed in the first part of the article shall apply. Sole § The provision of this article shall be applied equally to the situation foreseen in the article 299. Article 303. For the purposes of article 296 and its paragraph 3, the interested party shall submit to the managing committee, prior to the auction, a note indicating the number of family members and whether the former or the latter possesses paddy fields or cultivate those of other persons, sole or collective entities, with the respective production as per the estimate, when the paddy fields are of the Comunidades or if not as per the records of matriz. Any false declaration given shall attract penalty provided in the article 242 of the Penal Code (Código Penal). Article 304. It is permissible to give each lot on lease or through a private negotiation to more than one person, up to number four, when there is agreement to cultivate it by dividing in parts of equal production, case in which the managing committee, within thirty days, from the date of auction, shall divide the plot and hand over to each person his part of the lot, with the necessary elements of identification. All this shall be mentioned in the supplementary contract. Article 305. The administrator has power to impose penalties provided in articles 295, 296, 298, 299 and 300, but his decision, however shall be subject to confirmation of the Director of Civil Administration Services, with appeal to the Administrative Tribunal. Article 306. What is prescribed in this Code in relation to the ordinary auctions, is applicable to the auction of paddy fields, save what is provided in the present section. Article 307. From the increase in revenue resulting from the public auction on the average of the normal income of the last nine years, fifty per cent shall be allocated for the purpose provided in the clause (b) of article 316 and the remaining part shall constitute income of the Comunidades to be distributed to its members, by observing the legal formalities. Chapter IV Development of agriculture and extraordinary expenses --------------------------------------------------------------------- Article 308. For the purposes of agriculture development, the technical officer of works and the farming officer shall hold a meeting in the administration office of Comunidades by 25th January of each year, under the chairmanship of the respective administrator and with the necessary information obtained in advance from the respective managing committee or any other sources shall prepare a scheme of works of a permanent character that can be executed in one or more years, preferably works of irrigation and of the consolidation of bunds and sluice gates, so as to avoid, as much as possible, urgent works. Whenever there is need to carry out or to implement any work, not foreseen in the scheme referred earlier, it is the responsibility of the managing committee or the administrator, on their own, to ask for the preparation of the respective schemes and required budgets. Article 309. The scheme referred to in the previous article, shall be submitted for the approval of the Governor General, through the Directorate of Economic Services, by the 20th February next, and after its approval the managing committee shall order the preparation of the respective projects. Sole § One copy of the scheme, after it is approved, shall be sent to the Directorate of Civil Administration Services by the respective administration of Comunidades office. Article 310. On receipt of the projects with the budgets, the clerk of the Comunidades shall convene the comunidade, returning the file to the administration office, with the copies of the deliberation of the same and of the managing committee, which shall indicate how to meet the expenditure and the financial position of the comunidade. § 1. The administration office shall attach the conditions for auction and the contract specification, if not attached earlier, and announce the auction, except when any work in question is not of the interest of the Comunidades or the Comunidades does not approve the necessary expense, circumstance in which the file shall be submitted to the Directorate of Civil Administration Services for the decision by the Governor General. § 2. With the provisional contract drawn up or deliberation taken, and with his remarks on the matter, the administrator shall submit the file to the Directorate of Civil Administration Services for the decision of the Governor General. § 3. The Directorate of Public Works and Transport shall be consulted on all the budgets or estimates that exceed 50.000$. Article 311. The works shall be executed, as a rule, on contract basis, by observing the regulations and clauses in force. However works may be carried out by direct administration, when in the second auction, which shall be announced along with the first one, there is no bidder. Article 312. The contract works shall be preceded by public auction, announced, not less than ten days in advance, in the Official Gazette, in one newspaper of the capital or of the taluka and posted at the usual places, and the said contract drawn up in the administration office, with the intervention of the managing committee and two witnesses. Article 313. The works shall be inspected and supervised by:- ### 1. The works officer, who shall give his opinion in the file; ### 2. The managing committee, and, specially, the attorney, who shall inform the administrator of the irregularities that he may notice; ### 3. The administrator, who shall conduct at least one inspection, in the course of the works accompanied by the technical officer, of which a competent inspection report shall be prepared. § 1. In case of works of the value exceeding 3000$, and if the required funds have been provided, the administrator may, with the sanction of the Governor General, ask for the report referred to in the paragraph 2 of article 310, and engage one overseer or temporary supervisor, with salary not exceeding to 18$ per day. § 2. The overseer or supervisor, to which reference is made in the preceding paragraph, shall work under orders of the attorney of the comunidade, carrying the instructions received from the technical person. § 3. For the execution under direct administration, only in special cases duly recognized by the Government, technical persons or overseers and supervisors shall be admitted. Article 314. The provisional and definitive acceptance, of the works shall be preceded by inspection, in the following manner: (a) In case of works of the value up to 3000$, by the managing committee, with intervention of the technical personnel of works; (b) When the value is above 3000$, by the administrator, with the intervention of the technical person of works and assisted by the managing committee. § 1. Whenever it is found convenient any technical personnel of the Directorate of Public Works and Transport can be requisitioned to intervene in the acceptance proceedings, and his intervention shall be mandatory, in final delivery, when the value of the works exceeds 50000$. § 2. The final delivery shall be considered valid only after being confirmed by the Governor General. Article 315. The administrator shall fix, in each case, a time limit to the clerk of the Comunidades to complete the work which he is supposed to do in relation to the works, when not defined in this Code. Article 316. To bear the expenses with works, provided for in this chapter a reserve fund shall be constituted, with the following incomes: (a) 50 per cent of the proceeds of zonns and dividends of the shares prescribed; (b) 50 of the increase of the income referred to in the article 307; (c) 50 per cent of the capital derived from the redemption; (d) The amount ordered to be separated by the administrator in terms of article 476. Sole § When the availabilities of the reserve fund are insufficient, the expenses may be paid from advances of the Comunidades or by a loan obtained with the authorization of the Governor General. Chapter V Long term leases ------------------------------- Article 317. The Comunidades may give on long term lease its uncultivated lands or paddy fields and land with fruit bearing trees which are in remarkably deteriorated condition and the Comunidades is not in a position to carry out the expenses necessary for its improvement. § 1. The period of lease shall be of nine to eighteen years, and the area of each concession shall not exceed 20 ha. § 2. The leases may be made with more than one person jointly, who shall be jointly and severally responsible to fulfil the obligations resulting from the same and shall be subjected to the respective penalties. Article 318. The applications for long term lease shall be addressed to the Governor General and processed in the administration office, containing:- (a) The name of the land, nature of the crop for which it is intended and the number of item under which it is listed in the estimate in the last ordinary auction; (b) In case of the paddy field, the quantity of seed and the estimated production indicated in the estimate; (c) The situation and the boundaries; (d) The area, when available, or the probable area; (e) The number of years for which it is intended to lease and the rent offered. Sole § The procedures relating to grant of the emphyteusis is applicable to the application for long lease. Article 319. The application shall be accompanied by a estimate of the beneficiary scheme which the applicant offers to carry out, with the indication of services or works to be executed in each year and their probable cost. The period for the completion of all the improvements shall not exceed five years. Article 320. Subsequently, the inspection with three experts shall be held, with one appointed by the applicant, the other by the attorney and the third by the administrator, among the agricultural experts. Article 321. The experts shall verify in the inspection: (a) Whether the lands are or not fit for the cultivation that the applicant proposes to do; (b) Whether the plan of improvements and works to be executed, indicating the alterations that have to be done in the same scheme, can be approved and also whether the rent which shall be received by virtue of this lease, will be favorable to the interests of the comunidade. Article 322. If the Comunidades in conformity with the findings of the experts approves the lease, the land shall be put to auction. § 1. The base of auction shall be indicated by the experts, which however, in no case, shall be inferior to the maximum rent obtained in the previous nine years plus 15 per cent. § 2. The lessee who fails to comply with the clauses of the contract, shall be subject to pay a fine equivalent to the double of the expense that would have to be done with the works or services which he left to be executed in due time, and in case of recurrence, he may be removed, without prejudice to the imposition of fine. § 3. To the lessee who does not implement the beneficiary scheme, within the period in which he ought to do or shall abandon the land later on, leaving it to deteriorate, the contract of lease shall be terminated reverting soon thereafter the land to the comunidade, with all the improvements, and the lessee shall not be entitled to the same. He shall also have no right for any compensation. § 4. The rescission referred to in the preceding paragraph shall be directed upon the inspection by the administrator, with the intervention of an expert, who shall be the head of the office of agriculture and veterinary or his delegate, and subject to the confirmation of the Governor General, without which it shall not be enforceable. § 5. The decision which direct the rescission, shall be published in the Official Gazette and, as from its publication, the Comunidades shall re-enter in possession of the land, without prejudice of any administrative claim or judicial action on the part of the lease holder or of the third party. Article 323. The land that the Government requisition to the Comunidades, in terms of Diplomas nos. 84 of 28th April, 1924, and 483, of 15th May, 1931, may be utilized for the purpose of demonstrations, not only with the cultivation of rice, but also, of tobacco, sugarcane, horticulture and others of vegetative cycle, the same lands being leased till the maximum limit of 5 ha. and for the period of six years, renewable for equal periods. Chapter VI Aforamentos or emphyteusis ------------------------------------------ Section I Grant Article 324. The Comunidades may grant aforamento - emphyteusis in respect its uncultivated and undeveloped lands and even the ones cultivated of vegetables, when required for the cultivation of rice, fruit-bearing trees or for the construction of houses. Sole § Whenever the lands to be granted are bordering national forest lands or lands enclosed on it, it is not lawful to enter into respective agreements without prior hearing the Department of Agriculture and Veterinary of the Directorate of Economic Services. Article 325. Grant of lands shown below, by way of aforamento is forbidden:- ### 1. The lands earmarked for the use of the community; ### 2. Land necessary for cattle grazing; ### 3. Land reserved for easement of neighbours; ### 4. Lands earmarked for threshing and other ordinary works related to; cultivation and protection of the paddy fields; ### 5. Lands reserved for reservoirs of waters for irrigation of fields and breeding fish; ### 6. The open yards in front of temples of any religion and cemeteries and plots adjacent to markets places up to 10 m. on each side; ### 7. The lands which are locked within paddy fields of the Comunidades and the rivulets of casana land. § 1. The lands mentioned in this article, and those abutting public ways and paddy fields, within a radius of 50 meters earmarked exclusively for grant in emphyteusis, for building houses and those that can be used for cultivation by the comunidade, shall be identified, described and demarcated if they have not been demarcated before in cadastral survey of the comunidade. A respective record shall be drawn and enter in the 'Tombo 1' of the comunidade. § 2. This identification shall be done by the managing committee with the help of a surveyor. In cases of the lands that can be brought under cultivation, an expert in agriculture shall also be heard. § 3. Whenever necessary, the administrator shall inspect the works, by solving in loco any doubts that may arise. § 4. Once the demarcation is done, the provisions of article 212, to the extent applicable, shall be observed. § 5. Until the identification of lands, referred in paragraph 1, is not done, no aforamento shall be granted nor confirmed. § 6. After the lands that can be used for cultivation are separated, the managing committee, with the help of the agricultural expert, shall prepare the map of cultivation with necessary estimates for the execution of works in one or more lots, so that cultivation can be done with financial capacity of the comunidade. § 7. The emphyteusis granted, in contravention of previous paragraphs, shall be null and with no effect and the persons that contributed to such grants shall be liable for damages. Article 326. Plots with and area more than 3 hectares shall not be granted on emphyteusis for cultivation and those with more than 1000 m2 for the construction of house; however bigger area can be granted, for construction of house when the applicant so desires and produces a plan of the proposed building. § 1. Lands with an area of 3 to 10 hectares may be granted on emphyteusis for cultivation if on account of rocky nature of soil the development of the said land demand heavy expenses or if the land is of single crop and it is intended to convert into two crops land. § 2. In each comunidade, more than one emphyteusis for construction cannot be granted to the same person. Article 327. The plots adjoining each other and located near residential buildings and those abutting roads, public ways or village ways and paddy fields shall not be granted in emphyteusis for cultivation within a radius of 50 meters, except strips of land of not more than 5 meters wide which may be granted, without auction, and on payment of approximate foro previously fixed, increased by 50 per cent. Article 328. It is expressly forbidden to apply in the same application for more than one plot, or land for cultivation and for house at the same time, or of more than one applicant for the same or different plots. Article 329. The applications for emphyteusis shall be addressed to the Governor General and shall be filed in the office of the respective administration of the Comunidades, mentioning: (a) The name of the plot; (b) Its situation; (c) Its boundaries; (d) Its probable area; (e) The proposed use; (f) The statement whether the plot is uncultivated or cultivated. § 1. The officer entrusted with the work shall give to the interested party the acknowledgement receipt of the entry of the application indicating the respective number given to it. § 2. No application shall be processed, without the deposit of the probable cost of not above 240 $ at the hands of the secretary of the administration office, who shall issue to the interested pa receipt indicating the day and hour at which the deposit was effected and the entry in the respective book. § 3. The applications for the emphyteusis which are not as per conditions prescribed in this Code shall not be processed. Article 330. After the application has been processed, the secretary of the administration office shall announce the request applied for, in two successive numbers of the Official Gazette, describing the land with all the conditions indicated in the preceding article, so that objections against it could be filed within the period of thirty days, from the date of the second publication of the advertisement. At the end of that period, enclosing the objections received or certifying that there have been none, the file shall soon be sent to the clerk of the Comunidades for his reply and that of the managing committee, and within a period of thirty days, which is not to be extended, shall express their advisory opinion on the application. § 1. Extraordinary sessions of the Comunidades and of the managing committee may be held for the purposes of this article. § 2. The pages of the Official Gazette, in which the advertisements are published, shall be attached to the file. Article 331. On the expiry of the period for the reply, the clerk shall return the file to the administration office, with or without the reply of the Comunidades or of the committee. § 1. The administrator shall order to notify the applicant and the attorney of the Comunidades office for appointment of experts for the inspection, indicating the day and the hour for this purpose. § 2. The appointment of the experts shall be done in the manner prescribed in the Code of Civil Procedure. The third expert shall always be appointed by the administrator. § 3. In the order of appointment of the experts, the date and the hour for the inspection, shall be indicated and this inspection shall be held within the period of twenty days. Article 332. The inspection shall be presided by the administrator along with his secretary, and besides the experts, the applicant, the attorney and the clerk of the Comunidades shall be notified to attend. § 1. After taking the oath, the experts shall give their report declaring whether the land is suitable to be granted as emphyteusis and whether from the grant it will result or not loss to the Comunidades and in this regard the opinion, if any, from the same Comunidades and from the committee, shall also be considered. The experts shall also state which is the amount of foro to be fixed and all the circumstances that may contribute for the final decision. § 2. If on inspection it is found that the land is suitable to be granted, it shall be measured and demarcated, placing temporary boundary stones in all its angles. § 3. If on inspection the land has been found not suitable to be granted on emphyteusis, the applicant may request the administrator, within the period of eight days, a new inspection, and it shall be granted with five experts, being two appointed by the applicant, two by the attorney of the Comunidades and the fifth by the administrator. § 4. The same shall apply when the attorney of the comunidade, does not agree with the opinion given regarding the suitability of that plot, and thus requests for the inspection. § 5. In the talukas of 1st class the foro cannot be less than 6$ for each 100m2 and in the remaining talukas not less than 3$. However, if the land applied on emphyteusis is cultivated, the foro shall never be less than the maximum rent accrued in the last nine years and plus ten per cent. § 6. After the inspection, the minutes shall be written and signed by all present and then recorded in the book of the comunidade, within the period of eight days. Article 333. If the applicant desists from the claim, the administrator shall order that the proceedings be filed and shall return to the applicant the pre-payment costs made, after deducting the amount of cost. [Article 334.] [Article 334A was introduced on 05/01/1985. Article 334A has been amended by Goa Act No. 10 of 1993 dated 04/05/1993. Article 334A has been further amended by Goa Act No. 3 of 1996 dated ### 23. /01/1996. (See Appendix) Article 334A has been amended by Goa Act No. 3 of 1997 dated 12/03/1997. (See Appendix) The same Article has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix) The same Article 334A was further amended by Goa Act No. 24 of 2001 dated ### [04. /04/2001. (See Appendix)]] All the lands applied for emphyteusis shall be put up for public auction, without prejudice to the provisions of article 327. § 1. The auction shall be published in the Official Gazette, at least fifteen days in advance. § 2. On the day fixed for the auction, the administrator shall order the bailiff to announce the initiation of bids and, at the end of the bidding, the land shall be granted in terms of the following paragraphs, drawing the required record. § 3. In the case when the land is granted to a person other than the applicant, the latter shall be indemnified by the former with double the procedural cost. § 4. The bidder who offers the highest bid foro shall deposit the amount corresponding to foro of one year and plus the double of the deposit, and only then the bid shall be considered finalized. § 5. After the order of the grant of the emphyteusis, the amount of double of the costs shall be handed over to the first applicant and the one corresponding to the foro paid into the safe of the comunidade, being credited separately in the first year of the contract. § 6. In the absence of bidders the land shall be adjudicated to the applicant for the foro fixed at the inspection. [Article 334A. [Inserted by Act No. 1 of 1958.] - Notwithstanding anything contained in article 334, but subject to article 327, a Comunidade may subject to such guidelines as the Government, may, from time to time, issue, grant on lease [not more than 10,000 sq. metres of land to educational societies for construction of playgrounds and] [not more than 400 sq. metres of] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] land for construction of houses or buildings, without auction, to any of the following categories or for purposes:- i) Public, Charitable or Religious Institutions; ii) For any scheme of providing housing to the economically weaker sections; iii) Small scale Industrial purposes; iv) Government Departments or local bodies; v) Co-operative Housing Societies of landless persons; vi) Government servants or employees of the Comunidades [who are landless] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] ; vii) Landless Jonoeiros; viii) [Landless] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] Freedom Fighters; ix) Such other categories or purposes as may be notified by the Government, from time to time. Provided that every notifications issued under this clause shall be laid as soon as may be, after it is issued, before the Legislative Assembly: [Provided further that institutions of public utility and associations of professional bodies duly recognised by the Government may also be granted not more than 10,000 sq. metres of Comunidade land on lease for construction of houses or buildings, without auction. Provided further that the educational societies, institutions of public utility, social organisation and associations professional bodies duly recognised by the Government and have been granted Comunidade land under any other provisions of law or are in actual possessions of the land, shall be deemed to have granted the same under the provisions of this Legislative Diploma, on payment of annual lease rent.] [Inserted by Goa Act No. 3 of 1997, dated 12.3.1997.] Provided further that the members of Cooperative Housing Societies and the persons belonging to the categories (vi) , (vii) and (viii) above are residing in Goa for preceeding [15] [Substituted for the figures '25' by Act No. 9 of 1985.] years: Provided also that no person whose annual income exceeds [Rs. 1,25,000/-] [Substituted by Goa Act No. 3 of 1996, dated 23-1-1996.] or such amount as may be prescribed by the Government shall be eligible for grant of land on lease without auction.] [Explanation 1. - For the purpose of the Article, the word "landless" means that neither the person nor his or her spouse or minor child owns a plot of land or house in the State of Goa. The word "house" shall also include a flat or apartment. Explanation 2. - For the purpose of this Article, the annual income of the person shall be construed to mean the annual income of the person and of his or her spouse or minor child.] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] Article 335. After the auction, the secretary of the administration shall forward the file to the administrator, who, with his remarks, shall send it to the Directorate of Civil Administration Services. § 1. The Governor-General, on going through the file, shall consider the request. § 2. Soon after the file is returned to the administration office, the same shall be forwarded to the clerk of the respective comunidade, who shall register, within the period of three days of receipt, the order of the Governor General in the competent book. § 3. If the order is for grant of the emphyteusis, the clerk of the Comunidades, soon after the registration, shall issue a chalan to be paid, within eight days, by the emphyteuta the [siza] [For definition refer to foot note of 226.] which may be due by the law in force and, after attaching to the file the receipt of the payment, with the assistance of the attorney of the comunidade, shall make provisional delivery of the land to the emphyteuta, verifying the correctness of the measurement and that there has not been any change in the provisional boundary marks, drawing thereafter the competent record, which shall also recorded in the book. § 4. Soon after, the clerk shall make provisional registration of land granted which shall be converted in definitive after being granted the final possession to the emphyteuta. § 5. If the provisional delivery is not taken, without justified reasons, within the period of four months from the order of the grant, the administrator shall inform this fact to the Governor-General, proposing the cancellation of the order of the grant of emphyteusis and reverting the land to the comunidade. Article 336. In case of the applicants or successful bidders show no interest in taking necessary further steps, within the time fixed by the administrator, the Governor-General may order the application to be filled. Article 337. The emphyteuta, within three days after the end of the period set in article 341, or extended as per article 342, is bound to apply to the administrator for the definitive possession of the land granted on emphyteusis. Sole § After applying for the possession, the administrator shall grant the same on the day and hour that shall be fixed , and in the presence of the emphyteuta, the attorney, the clerk of the Comunidades and the secretary of the administration, the latter shall write the respective minutes, which later on shall be recorded by the clerk in the competent register. Article 338. The provisional delivery of the land granted, as emphyteusis, cannot be considered in legal relations between the Comunidades and the lease holder, as this is an optional act of mere tolerance, and only the definitive possession confers to the emphyteuta the rights that the civil law recognize and assure him. He, meanwhile, can make use of the possessory actions and of the other conservatory means against the third parties. Article 339. Following persons have premption in the emphyteusis for cultivation:- ### 1. The member of the Comunidades with actual residence in the village; ### 2. Any other inhabitant of the village, and preferably, direct cultivator; ### 3. Those who have adjoining land to the one to be granted, preferably between them, the proprietor of smaller area; ### 4. Those who earlier have applied for grant of emphyteusis for the same plot and the application has been processed. Sole § The preemptors shall make their claim at the auction, at the end of bidding, and before the award, for which it shall be announced that the auction has been knocked down and the provisions of the paragraph 4 of article 334 shall apply to the preemptors with the exception of the those covered by the clause 4 of this article, who shall not be bound to pay double of the costs. Section II Objections against applications for the grants Article 340. Any objection against the request for emphyteusis can only be brought up, within the period of thirty days referred to in the article 330. § 1. After the objection is received and the Comunidades is heard, the administrator shall stay further proceedings in respect of the contested portion of land and continue the proceedings in respect of part on which there is no objection, provided the applicant so desire. § 2. The objection shall be put in writing and signed by the objector with the signature attested by the Notary, and on the same the administrator shall pass his order deciding the objection or directing the parties to approach the court through the ordinary means if the dispute is concerning possession and title of the property. § 3. If the objection cannot be decided without inspection of the property, necessary data shall be collected on the inspection referred to in the article 332, and the claimant, upon notice, may formulate any queries and produce any document. § 4. If the applicant, inspite of knowledge, that the parties have been directed to approach the court, insists on the grant of lease, the proceedings shall be taken and the grant shall be granted with all the legal formalities, but on the clause that the Comunidades shall not be answerable for the eviction of the grant, nor bring objection to any delivery of the plot, and further, with the clause that the grantee will subrogate of all the rights of the comunidade. § 5. In case of the declaration referred to in the previous paragraph, of which record shall be made, the provisions of the paragraphs 8 and 9 of this article shall not be complied with and the objector may enforce his rights against the emphyteuta at any time, observing the provisions of general law. § 6. In the case provided in paragraph 4, the grantee is bound to pay to the Comunidades the respective foros, until the date of the final court decision, directing the reversion of the land to the objector, become res judicata or to the one who legally represents him. § 7. In the defence of the suit filed by the objector, in the case of paragraph 4, the grantee, for all purposes, shall be considered the legal representative of the comunidade. § 8. The objectors whose objection are to be decided in the judicial courts, shall produce, within thirty days from the date of notice of the order which is referred to in the paragraph 2 of this article, a certified copy that the competent plaint has been presented in the court, on the pain of the objections being considered of no effect and the proceedings to take normal course for the grant of emphyteusis. § 9. The objectors are equally obliged to present in the administration office every three months, a certified copy indicating that the case proceeds it normal course, failing which the sanction imposed in the previous paragraph shall follow. § 10. If the suit is decided finally in favor of the comunidade, the application for grant of emphyteusis shall follow its course. Section III Reversion of lands granted on emphyteusis Article 341. The plot granted by way of emphyteusis shall revert back to the Comunidades if it is not utilised, within four years from the date of provisional possession. § 1. The following plots shall deemed as utilised :- ### 1. The plots granted for cultivation of rice, when their major part is used for such cultivation, within the prescribed period; ### 2. The plots granted for plantation of trees or of the other species, when they are totally or in major part utilized for such plantation during the prescribed period; ### 3. The plots granted for building houses which were completed within the said four years, with at least one fifth of the area fully utilized upon; ### 4. The plots granted for the construction of houses and also for the cultivation when they may have been utilized for both the ends; ### 5. The plots granted in the area above 3 ha. for establishments of public utility, if the same establishment is completed within six years including the compound, play grounds, garden and other easements, covering at least one tenth of the granted area. § 2. If it is found that the plots granted for construction of houses have been utilized, but the area used is less than that foreseen in clause 3 of paragraph 1, the Governor General may direct the final possession of the area corresponding to 5 times of the occupied area, without changing the quantum of foro, ordering the reversion of the remaining area. § 3. The provision of the preceding paragraph shall not apply to the leases granted in urban zones or subject to urban planning, without the municipality being heard. Article 342. The emphyteuta who, for any reason, cannot avail of plots granted as emphyteusis, within the period of four years, can, before expiry of the same, apply for its extension, mentioning the causes for delay in the fulfilment within the stipulated period, and the Governor General, after hearing the managing committee of the Comunidades and the respective administrator, decide the request as he thinks fit, granting the extension for one year. Article 343. A committee comprised of president of the managing committee, the attorney and the clerk of the comunidade, shall inspect every year, during the month of December, the areas granted by way of emphyteusis checking whether the plots granted have been utilized in terms of previous articles and drawing the competent report, where it shall be mentioned therein the actual statues. § 1. For this purpose the clerk shall provide the committee, the necessary clarifications, as per the registers, and when not available, obtaining the same from the administration office of Comunidades. § 2. One copy of the report of the inspection shall be forwarded to the administration office of Comunidades, by 15th January of each year. § 3. The members of the committee who do not comply with the provisions of this article, shall incur, each one, a fine of 150$ to 300$, which shall be imposed by the administrator, without prejudice to the disciplinary action against the said clerk. § 4. The administrator who does not comply with the provisions of preceding paragraph incurs a fine of 300$ to 600$, without prejudice to disciplinary action. Article 344. When it is found from the inspection, referred to in the article 343 that the emphyteuta did not utilise the land for the purpose for which it was granted in terms of article 341, the penalty corresponding to twenty times the amount of foro, and the same not being below 300$, shall be imposed on him. Article 345. After the receipt of the copy referred to in the paragraph 2 of the article 343, the administrator shall order to notify the emphyteuta, on pain of the case being set ex-part to state in his petition to be submitted, within the period of eight days, the reason for failing to avail of the land. § 1. If the emphyteuta admit his fault noted during the inspection or if the case is decided ex-part the administrator shall bring this to the knowledge of the Governor-General, proposing that the order of grant be revoked and the land reverted to the comunidade. § 2. If the emphyteuta dispute the correctness of the examination, the administrator shall order the re-examination, which shall take place in terms of article 332, by way of experts. The grantee shall make the pre payment of the cost and if the examination establish that the contention made by the grantee is without merit then he shall forward the file and direct action for early reversion of land to the comunidade. Article 346. The order of reversion shall be published in the Official Gazette, duly recorded in the respective book. § 1. The copy of this order shall be sufficient document to cancel the registration of the emphyteusis in his name in the land Registration Office. Such cancellation shall be sought by the attorney of the Comunidades in ten days time, failing which the attorney shall be fined ten times the amount of foro. § 2. As from the date of publication of the order in the Official Gazette the plot stands reverted to the comunidade, and no suit or no administrative proceedings shall lie against such cancellation done under the Code under this article from the part of emphyteuta. Chapter VII Sale of pledges and of produce of properties ------------------------------------------------------------- Article 347. The pledges created in terms of article 279 shall be sold in the following manner, when at the proper time the amount secured by the pledge, has not been paid. § 1. The clerk of the Comunidades shall announce the public sale, inviting the prospective buyers to be present in the administration office of comunidade, on the date and hour indicated by the administrator. § 2. The advertisement shall indicate the type of the securities, its metal and value and the corresponding number of certificates of the shares and the issuing comunidade. § 3. On the day fixed for the sale, in the presence of the administrator, the president of the managing committee, the attorney and the clerk of the comunidade, the items shall be awarded, each one of the objects separately, or all together, to whoever offers higher bid. The clerk of the Comunidades shall write a report in the book of records, signed by all of them, by the bidder and by two witnesses. § 4. The pledge put for auction shall not be delivered to successful bidders without prior payment of the respective price, and in case it not paid within three days, a new auction shall be held, and the original bidder shall be subject to penalties provided in the article 904 of the Code of Civil Procedure. § 5. From the amount of the bid, the interest and the emoluments due from the proceeds of the auction shall be deducted and the surplus shall be returned to the debtor. Article 348. For the sale of fruits and products of the properties mentioned in article 284, the formalities prescribed in the present chapter, as far as applicable, shall be observed. Chapter VIII Permission for filing of suit ----------------------------------------------- Article 349. When the Comunidades decides to file any suit, in terms of article 9, the attorney shall explain, with indication of the probable expenditure to be incurred with the suit, with para wise pleadings in fact and law supported by documents and addressed to the Administrative Tribunal, through the respective administrator, who shall put his remarks on it. The Administrative Tribunal shall decide, independently of the approval without circulation to other members, with exception that of the Ministerio Público, and if the permission is grated to file the suit, it shall sanction the expenditure to be incurred for the purpose. Article 350. Same procedure as per the preceding article shall be adopted when the Comunidades requests permission to withdraw, admit and compromise the suit. Article 351. Permission for conservatory actions shall be obtained by application addressed by the attorney of the Comunidades to the administrator. Article 352. The permission referred to in the articles 9 and 154, No. 3, shall be accompanied by the copy of the initial plaint and the one referred to in the preceding article shall be presented in court in terms of article 25 of the Code of Civil Procedure (Codigo de Processo Civil). Article 353. The suits filed in regards to the current accounts issued in terms of this Code, as well as the suits against the debtors of the annual income of the Comunidades and against the defaulting borrowers are not subject to the formalities prescribed in this chapter. Chapter IX Redemption of charges and contributions due to the Comunidades ------------------------------------------------------------------------------ Article 354. The remission of fees of the offices of clerks of the Comunidades and any other charges shall be applied to the Governor-General through the administrator, attaching to the application the copy of the minutes of the Comunidades in which it was deliberated to effect the remission and a certificate stating that the safe of the Comunidades is in position to pay the same. Sole § The administrator shall hear the interested pin whose favor the charge is constituted and, if it is a collective person, shall forward the application to its representative, for him to hear the same, and, enclosing the replies that may be obtained, he shall send the file to the Directorate of Civil Administration Services with remarks of the same to be submitted for order of the Governor-General. Article 355. The document proving the payment of the capital of redemption or of the delivery of title of equivalent shares is sufficient to proof the cancellation of the burden and, in view of the same to make the cancellation in the registry. Chapter X Rebate on the rent of the fields ----------------------------------------------- Article 356. The lessee of the Comunidades has the right, irrespective of previous stipulation, to seek rebate in the payment of rent proportionate to the object of the lease arising from fortuitous events or of force major, for which by no manner he has contributed, without prejudice to what is provided in the sole paragraph of the following article. Article 357. For the purposes laid down in the preceding article, the unforeseen happenings or cases beyond ones control are only those of inundations of saline water or fresh water due to the breach of bunds or to the mal-functioning of the sluice gates, drought, fire, extraordinary invasion of insects and the lack of water in the reservoirs of irrigation of fields for the cultivation of vaingana. Sole § In cases of inundation and of drought, the lessee can ask for reduction of rent only if the leased lot has produced less than half of the production attributed in the estimate. If it is verified that this production is above 75 percent of the one foreseen in the estimate, the lessee shall incur in a fine, applied by the Governor-General, corresponding to 50 per cent of the respective rent. Article 358. The lessees, when any of the events mentioned in the preceding article take place, shall bring to the notice, in writing, on ordinary paper to the administrator of Comunidades and to the clerk of the comunidade, who shall bring to the notice of the higher authorities and to the agents of the comunidade. Sole § When the lessee realizes there is no water in the reservoir for irrigation of the field that it serves, he shall bring this fact to the notice, in the manner indicated in this article, till the end of the month of November, for its verification and reduction of the area of the field that may be irrigated. Article 359. The administrator of the Comunidades, the attorney and the bidder of the embankment and of the sluice gate, if any, shall take immediate steps to repair the damage or to lessen the same. Article 360. The administrator, after receiving the communication, shall immediately order its inspection of the field or of the reservoir by technical expert or, in his absence, by a fit person, in the presence of the attorney, and record in a report, which shall be written by the clerk of the comunidade, all that has been collected for a just evaluation of the damage, its causes, responsibility and identification of the lots affected. Article 361. The rebate of rent known as quita shall not be granted if the lessee fails to bring to the notice of any case arising from fortuitous events or of force major in precise terms of article 358 and its sole paragraph. § 1. The communication made, within three days, after the occurrence is considered as deemed made in due time. § 2. The benefit of the inspection made shall be of advantage to all the tenants. Article 362. The administrator who fails to order to carry out, within the period of forty eight hours, the inspection referred to in the article 360, and on account of such behaviour it not possible to verify the reason for the occurrence and to identify the person, he will be answerable to the Comunidades for the damages caused which shall be recovered by ordinary means. Article 363. The administrator, members of the managing committee, the lessee who fail to take appropriate measures or have not execute them to prevent the worsening of the damage, shall be held responsible to the Comunidades that it may suffer and which shall be recovered by using ordinary means. Sole § Any member of the Comunidades shall be considered as proper party to file suit to recover damages in favour of the comunidade. Article 364. The applications for the relief of rent (quita) , addressed to the Governor-General, shall be given entry in the respective administration office, indicating in it the name or names of the plots, their location and probable quantity of the loss of income, its causes, the impossibility to sow the plots and all the grounds in support of the request and the proof that the lease holder has fulfilled the technical conditions of the cultivation. § 1. The rebate (quita) of each plot shall be applied by the respective lessee. When the plots are continuous or that the distance from each other in not more than 500m, or, when the reason for the quita of the rent of [vaingana] [[Vaigana - Crops planted during the rainy season and ready for harvest in autumn are termed as 'Vaigana'. In India the kharif season varies by crop and state, with kharif starting at the earliest in May. Rabi - Spring grain harvest in India.]], when the plots are irrigated with the waters of only one reservoir, the quita can be applied in one application by the affected lessee. § 2. When application is processed the administrator shall order to notify the interested party and the attorney of the Comunidades to appear in the administration office, in order to appoint of one or three experts. § 3. The appointment of experts be made in terms of general law, being the third expert appointed by the administrator. If the parties agree that there shall be only one expert, such appointment will be done by the administrator. § 4. At the time of the appointment of the experts, the administrator shall fix the date of the inspection, direct to notify the experts, the parties and the attorney of the Comunidades to appear at the place of the respective plots on the designated day and hour. § 5. In the inspection the loss of income shall be assessed, its causes and quantity, the impossibility of sowing and all that may concur for the clarification of the matter, drawing a detailed report. § 6. The interested parties may formulate queries and the administrator may direct any steps that may think essential to clarify the matter. § 7. If any lessee, the attorney of the Comunidades or its managing committee, do not agree with the result of the inspection, it shall proceed for the direct measurement of the produce, it being the duty of the administrator to promote all the necessary diligences for correct execution of this measurement. When by the measurement it is found that the experts have acted in bad faith in the inspection, the administrator shall report this fact to the Judicial Court, within the period of forty eight hours, and, if it is in the case of public servants, shall report also to the Director or head of the respective department. § 8. On the conclusion of the investigation , the administrator shall order to hear the Comunidades and the managing committee and forward the process with his remarks, to the Directorate of Civil Administration Services for the decision of the Governor-General. § 9. The Governor-General, in view of what has been recorded in the process, shall resolve if the applicants deserve or not the rebate (quita) and, in the former case, shall determine the reduction that should be made in the rent of each plot. Article 365. When the quita is applied for the motive of shortage of water necessary for the sowing and irrigation of vaingana in the reservoirs of the comunidade, the fact and its cause shall be verified during the inspection, as well as, if the plots referred to in the request can be or not cultivated and watered, till the ripening of the standing crop, with the existing waters. ### 1st. If it is found that the plots of the applicant can be cultivated, the rebate (quita) shall not be granted; and, in the other case, after the diligences dealt with in the paragraph 6 of preceding article, the file shall be forwarded, with the remarks of the administrator, for the final decision. ### 2nd. On verifying that the cause of shortage of waters was not casual, but due to action of a person other than the applicant, he may use against the former all the remedies available within the power of the comunidade. Article 366. For the purposes of the grant of the quita of rent of the fields in which there may have been total damage of the crop, the verification of the alleged fact shall be done by the managing committee, with the assistance of the agricultural technician, having the interested lessee to deposit previously the probable amount of travel expenses of the said technician, in the respective administration, observing in the subsequent terms the provisions of the article 364, wherever applicable. Article 367. The request for the grant of the rebate (quita) shall be presented till February 15 in relation to [vaingana/Rabby] [For definition of Vaigana refer to foot note of 364.] , till August 15, in relation to kharif crop, till September 15 in case of drought and within five days from the occurrence in case of fire and extraordinary invasion of insects. The commission for the verification of grounds of the request shall be done before the harvest. Chapter XI Introduction of waters in the fields ---------------------------------------------------- Article 368. No saline waters or sweet waters can be introduced in the paddy fields of the Comunidades, without permission of the Governor-General. § 1. This shall be applied by the attorney of the comunidade, through the respective administration office, by attaching to the application the following documents:- (a) Resolution of the Comunidades or of the managing committee when the requirements of article 38 are satisfied , deliberating on the intended introduction of waters and indicating the time up to which it last; (b) Opinion of two physicians , one of which shall be the health officer or his deputy of the area, declaring that the introduction of waters shall not cause prejudice to the health of the neighbouring population nor the waters of the wells situated in the neighbouring properties, in the case of saline waters; (c) Declaration of the proprietors of the adjoining properties that they agree to the request; § 2. The application, with the remarks of the administrator, shall be submitted by the Directorate of Civil Administration Services to the resolution of the Governor-General, after hearing the Directorate of Economic Services (Office of the Agriculture and Veterinary Services) and the Directorate of Marine Services. Article 369. The permission, if granted, shall be subject to the following conditions:- ### 1st. The waters to be introduced in any paddy fields shall not rise to more than 0.m75 in the middle part of its surface; ### 2nd. Cannot be retained more than twenty four hours, for an height above 0.50m in the middle part of the inundated surface, however the introduction can be repeated, when necessary, with the minimum interval/break of twenty four hours. Article 370. The violation of the provisions of the preceding articles shall be punished with simple punishment of 6 months to two years and corresponding fine, and the functionary in charge of parish (Regedor) of the village soon after comes to his knowledge of the same immediately shall have the inundated field drained, making record and conducting a summary enquiry, and he shall send the file to the competent tribunal, informing also the fact to the administration office of the Comunidades and of the taluka. Sole §. The expenses incurred with the drainage shall be considered for the purposes of damages to be fixed in the criminal case in case of conviction and the expenditure incurred, which initially shall be borne by the comunidade. Chapter XII Encroachment of lands and remedies for their recovery ---------------------------------------------------------------------- Section I Encroachment discovered with or without complaint [Article 371. Summary eviction of a person unauthorisedly occupying land vesting in Comunidades. [Article 371 has been amended by Act No. 8 of 1986 dated 14/10/1986. (See Appendix).] (1) If in the opinion of the Director of Civil Administration, any person is unauthorisedly occupying or wrongfully in possession of any land. (a) vesting in the Comunidade ; or (b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of - (i) any of the provisions of this Code, or, (ii) the expiry of the period of lease or termination of lease for breach of any of the conditions annexed to the tenure, it shall be lawful for the Director of Civil Administration to summarily evict such person in the manner provided in clause (2) . (2) The Director of Civil Administration shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land and if such notice is not obeyed, the Director of Civil Administration may remove him from such land. (3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in clause (1), shall also be liable at the discretion of the Director of Civil Administration to pay a penalty not exceeding two time the assessment or rent for the land for the period of such unauthorized use or occupation. (4) The proceeds on account of the penalty imposed on the encroacher envisaged in clause (3) shall be credited to the coffer of the Comunidades.] | | | --- | | Article 371.The suits that theComunidadesmay have to file in the courts against those who encroach lands shall be preceded by an administrative inquiry, as per the following article which shall serve as the basis for authorizing the respective civil suit on title. Sole § The possessory suits are exempted from the provisions of this article. | [Article 372. Forfeiture and removal of property left out after summary eviction. [Article 372 has been amended by Act No. 8 of 1986 dated 14/10/1986. (See Appendix).] (1) After summary eviction of any person under Article 371 any building or other construction erected on the land or any crop raised on the land shall if not removed by such person after such written notice as the Director of Civil Administration may deem reasonable, be liable to forfeiture or to summary removal. (2) Forfeiture under this Article shall be adjudged by the Director of Civil Administration and any property so forfeited shall be disposed off as the Director of Civil Administration may direct, and the cost of the removal of any property under this Article shall be recoverable as an arrear of land revenue. (3) For the purpose of this Article and Article 371, the Director of Civil Administration means the Collector of Goa, as defined in the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969). (4) The Director of Civil Administration may by order, delegate any of the powers and duties conferred on him under Articles 371 and 372 of the Code to any Administrator of Comunidades or officer subordinate to him, subject to such condition, if any, as may be specified in the order.] | | | --- | | Article 372.All the members of theComunidadesand even the non members are competent to denounce the encroachment of land. They shall be, however, liable to the penalty prescribed in the paragraph 2 of the following article, if the complaints proved to be made in bad faith and the denouncement is held as untenable. | Article 373. The following persons are obliged to denounce the encroachment of land:- ### 1. The attorney of the comunidade; ### 2. The lessee of the fields, both in relation to land leased as well as of embankment, drains and lands enclosed by or confining it, which are not found leased to another individual. §1. The attorney who does not denounce the encroachment of land, as soon as it comes to his knowledge, shall be dismissed from the office, and shall forfeit in favour of the Comunidades the allowance to which he is entitled for the service rendered up to the date of the discovery of the encroachment of land. §2. The lessee who fail to denounce the encroachment of land soon after they come to know about it, shall be liable to pay a fine equal to half of the value of land encroached. Article 374. The denouncement shall be addressed to the administrator and it shall contain:- (a) The name, status and the residence of the denouncer and of the encroacher; (b) The denomination of the land encroached upon, its boundaries, the approximate area, time of encroachment of land and its value; (c) The plot of land to which it belongs and the name of the lessee; (d) Other clarifications that may help to discover and delimitate the encroachment of land. Article 375. The denouncements can also be made to the managing committee, by sending the respective petition to the respective clerk of the comunidade, who shall convene, within twenty four hours, a meeting of managing committee, independently of the permission of the administrator, and accompanied by a report of the committee with clear details, admitting or not the existence of the denounced encroachment and shall forward the denouncement to the administration office. Sole § The members of the managing committee, who fail to attend their meeting without proper justification, shall incur a fine three times the one foreseen in article 63. Article 376. After processing the complaint, the administrator shall call for views of the managing committee on the same, as per of the provisions of the preceding article, in case the said denouncement was not earlier directed to the committee, and shall notify the encroacher, within ten days to make a formal statement on the file, whether he acknowledges or not the encroachment of land and in the latter case to present his defence. § 1. The encroacher shall be given, if he applies for it, a time of twenty days, to submit his defence, if desired. § 2. When the encroacher does not admit the encroachment of land, the procedure established in the following articles shall be followed. Article 377. On the expiry of the period of ten days, the administrator shall fix the date and will direct to notify the complainant and the encroacher for the appointment of experts, in order to inspect the land and carry out the local investigation of the land which is the object of encroachment. One of the experts shall be nominated by the complainant, the other by the encroacher and the third by the administrator. § 1. Members of the respective Comunidades shall not be appointed as the experts. § 2. At the time of appointment of experts, the administrator shall fix the day for inspection, by directing that, besides the experts, the members of the managing committee and the lessee of the land encroached to attend the same. § 3. The presence in the inspection of the denouncer and the encroacher is not required, although either of them may have appeared at the time on appointment of experts. § 4. The complainant, the encroacher and the attorney may formulate queries they feel deemed necessary and present any documents and the administrator may direct the enquire to follow any procedure that he may think necessary to get the matter clarified. § 5. The result of the local investigation shall be drawn on the site and shall be prepared by the secretary of the administration office. The encroachment of land shall be evaluated, measured and demarcated. § 6. The members of the managing committee and the lease holder of the land encroached shall be heard in the act of proceedings and they shall give their views, to be recorded in the inspection report. Article 378. At the end of the local investigation, the parties may lead any type of oral or legal evidence. Article 379. If from the evidence produced, as per preceding articles, the existence of the encroachment of land stands proved, the administrator shall order the issue of a copy of the respective report and other extracts of the file of proceedings, which shall be handed over to the attorney of the Comunidades in order to request permission of the Administrative Tribunal for filing of the competent suit in the Court, and shall impose, by order on the file of proceedings, on the encroacher, the following penalties: (a) Banning for a period of five years, from holding any post of the Comunidades of the respective taluka and from bidding and standing as a guarantee in the ordinary and extraordinary auctions in the same Comunidades, either directly or through an intermediary; (b) Forfeit in favour of the comunidade, for an equal period of time, the proceeds of zonns, dividends on shares, annuities, [votonas] [votonas - Refer definition at foot note of article 202.] or any other pension to which he be entitled in the respective comunidade; (c) Fine to the tune of 600$ to 3.000$ when the person denounced is not member of the comunidade. The fine shall not be greater than the double of the value of the land encroached. § 1. The penalties laid down in this article shall be enforced only after the suit is decided in favour of the Comunidades by a judicial decision which has become res judicata. § 2. If it is verified that the denouncement was found to be without any ground, the administrator shall order the proceedings filed. Article 380. The encroacher may, at any stage of the administrative inquiry, sign a declaration undertaking to surrender the land or to pay its value, when it does not exceed 1800$. However he shall not be allowed to do so in any circumstance, when the encroached land is subsequent to the cadastral survey done for the purpose of preparing the register in respect of that land or when he might have earlier been involved in another case of encroachment of land. § 1. If the encroacher admits the encroachment of land, by undertaking to surrender the land, the administrator shall order that the attorney of the comunidade, along with the clerk of the same, take possession of the said land, writing the competent report, which shall be incorporated in the file. § 2. The record in which the encroacher undertakes to pay the value of the land, shall not have any legal effect, without the approval of the Administrative Tribunal, on the basis of prior report of the administrator, after hearing the managing committee and the Comunidades which shall state whether it is convenient to restore the land to the Comunidades or accept its value. § 3. If the Administrative Tribunal does not approve the record mentioned in the preceding paragraph, judicial proceedings shall be initiated against the encroacher, irrespective of the authorization referred to in the article 349 and following ones. § 4. In the case of return of the land or of payment of its price, the encroacher shall not be subject to the penalties provided for in article 379, but shall pay only the costs and stamp duty. § 5. When the encroachment of land had taken place prior to taking of the cadastral survey and its value does not exceed 900$, the Administrative Tribunal may authorize or determine the respective Comunidades to grant the land to the denounced person for the price determined during the investigation. Article 381. Within 30 days after the sentence of the Court in favour of the Comunidades become final, the attorney of the Comunidades shall produce in the administration office, or otherwise be subject to a fine of 60$00, a certified copy of the judicial decision so that the administrator may apply, after hearing the parties, the penalties established not only in article 379 but also in the article 373, paragraphs No. 1 and 2, with the exception of the penalty of dismissal of the attorney which will be applied as soon as, by inspection referred to in article 377, the existence of an encroachment is proved. Article 382. The administrator, as soon as he gets knowledge of any encroachment of land, shall proceed on his own initiative and in accordance with provisions of the preceding articles. In this case the respective Comunidades shall be considered as the complainant. Article 383. The complaints proceedings, which may be initiated by any individuals mentioned in articles 372 and 373, or when brought on the initiative of the comunidade, shall be on plain paper, but of legal size, and the costs and stamp duty shall be assessed at the end and paid by the complainant or the accused as the case may be. § 1. The complainant cannot be ordered to pay the costs and stamps duties when the existence of the encroachment of land is recognized by the managing committee, on the information referred to in the articles 375 and 376, and in such a case the respective Comunidades shall be considered as complainant, unless if the complaint is found to be baseless and in that case the costs shall be paid jointly by the complainant and by the members of the committee that have admitted it. § 2. The transport allowances of the administrator, of the secretary of the administration office and of the expert, appointed by the administrator, shall however be advanced by the comunidade. § 3. The stamp duties and costs on the proceedings referred to in this article relating to the denounced person shall be demanded in terms of paragraph 1 of article 379. Article 384. Half of the allowances and of the fine referred to in the paragraphs 1 and 2 of article 373 shall be paid to the complainant who had followed the proceedings up to the end and the other half shall be credited to the Pensioner's Bank where shall also be credited the amounts derived from the penalties established in article 379. Section II Encroachment discovered while making the survey Article 385. The personnel entrusted with the work of organizing the cadastral survey, referred to in the articles 210 and 211, shall measure, demarcate and evaluate, along with the lands in possession of the Comunidades, any lands that they think must have been encroached, in view of the measurement of its field, if any, and grant made by our government, emphyteusis granted by the Comunidades and adjoining private properties. § 1. The certificates of those measurements, previously obtained from the competent offices by the managing committees, shall be kept at the disposal of the personnel entrusted with the work of cadastral survey, at the beginning of the respective works, attaching to them any other documents that may clarify the matter, whether or not requested by the same personnel. § 2. Before starting the work of measurement, the alleged encroachers shall be notified to appear at the respective place, on the day and hours fixed in order to assist during the measurement and evaluation of the respective lands, failing which the works will be carried out in their absence. § 3. It is the duty of the managing committee to order those notifications to be issued by the clerk of the Comunidades or functionary in charge of the parish (Regedor) where those individuals reside, in terms of the Code of Civil Procedure (Código de Processo Civil). § 4. When the encroacher does not agree with the value assigned to the land or to the area calculated, he can apply to the administrator to verify the same area and value it again at his own cost, through the experts, one of whom shall be appointed by the applicant, other by the Comunidades and the third by the administrator. § 5. The grant referred to in the preceding paragraph shall not be effected unless the applicant signs before the managing committee a declaration that he agrees to redeem the encroachment of land, in any of the forms established in article 387, by applying for rectification. Article 386. There shall be one special book in each comunidade, to record the encroachment of land which have not been legalized, which shall be written according to model No. 14 and shall contain the measurement, the boundaries and the evaluation of the lands encroached, the name of the encroacher and all the details that may be needed, not only for the recognition and identification of these lands, but also for their restoration or redemption. § 1. The valuation shall be done based on the value of the land at the time of encroachment of land, and it will be paid in terms of article 387 and respective paragraphs. § 2. When a competent suit has been filed against the encroacher, this circumstance shall be mentioned and the name of the attorney in charge of the law-suit and the date of its filing shall be indicated. Article 387. As soon as the register of encroachments of land is concluded, which shall be done in preference to the writing of the general inventory (Tombo) , the managing committee shall order to notify in the form indicated in paragraph 3 of article 385, all the encroachers who have not signed the declaration of recognition, during the registration of properties, in presence of the surveyor, to come to declare before the committee, within the period of thirty days from the date of notification, and by means of formal declaration, that they agree to pay, in lump sum or in yearly instalments not exceeding to nine, the price of the land encroached by them, failing which legal proceedings will be initiated. § 1. The price payable shall be the value of land, fixed as per paragraph 1 of article 386, plus 25% of this value. § 2. To the instalments, the interest of 4% shall always be added. § 3. The time limit that the managing committee may grant for the payment in lump sum price or the first instalment shall not exceed thirty days. § 4. The time for the payment in instalments can be extended, in exceptional cases, after hearing the comunidade. Article 388. If the encroacher does not sign the respective declaration within the time fixed in preceding article, the committee shall order the issue of a certificate of encroachment not redeemed by him and send it to the administrator, accompanied by all documents on which the finding was based and any others that may serve as ground for claiming the land, in order to authorize the necessary expenses for the filing of suit against the encroacher. Article 389. When any owner voluntarily admits the encroachment of land that he has made and this he is unable to prove by any document, only two thirds of the value of encroachment shall be approved if this admission is made during the survey work or within fifteen days following to its completion, unless the competent suit had already been filed against the encroacher. Chapter XIII Procedure in general -------------------------------------- Article 390. Save in cases this Code prescribes a special procedure, all the petitions that are to be dealt by the administrator of the Comunidades and decided by him shall be processed in the following manner:- § 1. The initial application, with the order of the administrator thereon, shall be processed by the secretary of the administrative office, attaching the documents which accompanied it, indicating on front cover the number corresponding to the year, the name of the parties and of the Comunidades and the nature of the claim. § 2. The administrator shall order the issue of the notice to the opposite party, if any, to put up his defence, within ten days, allowing him to inspect the file and when there is attached a power of attorney to an advocate residing in the seat of the Taluka, judicial division and junior division. § 3. The notice shall be served as per the Civil judicial law. § 4. When the managing committee or the Comunidades had to be heard , the secretary of the administration office shall issue an order in the file forwarding the same to the clerk of the comunidade, handing over personally, if he is present in the administration office, or else send it by registered post and the postage shall be paid by respective party. § 5. The clerk of the comunidade, shall record a note acknowledging the receipt of the file and after submitting to the managing committee, shall hand it over to the president, against a receipt. § 6. The president, after examining the papers as submitted to him, if he finds that the information of the clerk of Comunidades is required, he shall ask for it, by order, to give the same in the file within ten days, transcribing there after any deliberations of the Comunidades and the managing committee and other documents not recorded in there or documents recorded in the books in his custody, pertaining to the case in dispute or those that are relevant to the subject to be mentioned. § 7. After the return of the file, with the information of the clerk of the Comunidades or without the same, if not necessary, the president shall soon fix the date for the meeting of the managing committee or of the comunidade, and order to issue the necessary notices or advertisements. § 8. During the meeting of the Comunidades or of the managing committee, the president, explaining the matter and hearing on the same the attorney and there after counting the votes of the committee members or of other members present, shall direct the clerk of the Comunidades to record the result of voting and prepare the reply which should be recorded in the respective book and copy of which shall be attached to the file. § 9. In all the cases in which the Comunidades is a party, its attorney shall be notified to constitute a lawyer or defend the case himself when there is no need of an advocate. § 10. With the reply of the Comunidades or of the committee , the clerk after recording the forwarding note, shall send the file to the administration office, and its secretary, and after recording the note of having received it, shall soon forward the file to the administrator, who shall record, within ten days, his decision on it by signing in full and publishing it in the Entry Book. § 11. When application have been made to produce evidence or it is held necessary that witnesses be examined, the administrator shall direct to that effect and after hearing in writing over the result, within ten days shall pass the order. § 12. The parties are not entitled to go though the proceedings when they fail to attach the document of the power of attorney to an advocate residing in the seat of the taluka, judicial division or junior division. Article 391. In cases when the decision lies with the Governor-General, the same procedural form shall be observed, but the administrator shall give his report in the file and forward the same to the Directorate of Civil Administration Services, and the parties shall be notified of it, if the power of attorney to an advocate is attached. Article 392. When the requests made do not require the hearing of the Comunidades or of the managing committee or of any other entity or person, as parties to the case, there shall be no need to open a file and the decision or report shall be recorded in the application at the margin or below the request. Article 393. All the proceedings concluded shall be filed at the administration office, by the respective secretary, who can issue, without any order from the administrator, certified copies of their content or a narrative description. Article 394. All the process shall be on plain paper, in terms of general law, and the losing party shall be ordered, at the end, to pay the costs and stamp duties, which shall be assessed by the secretary of the administration and recovered in terms of this Code. § 1. All the stages of the proceedings, including petitions, till they are submitted to the Governor General, shall be conducted without collecting fees in advance, when one of the parties is the comunidade, however the amount of the stamps duties and costs shall be assessed and paid at last by the losing party, when it is not the comunidade, that shall not required to pay for any thing excepting stamp duty and costs of the records processed at level of the tutelage authority. § 2. At the request of the attorney of the Comunidades or ex-officio, the administrator may require that the opposite party, when it is not guaranteed, sign a bond for the guarantee of payment of stamps duties and costs, which amount shall be fixed by the administrator, after consulting the secretary and this bond can be given by personal guarantee under the terms of the Code of Civil Procedure (Código de Processo Civil). Article 395. The administrator and the Governor General can order that files inter-connected may be joined and suspend any other until a decision is reached on another or others on which they may be dependent. § 1. However, all pending case files that may be of same nature and between the same parties, where one of them is the comunidade, shall be joined, in order to be disposed and decide jointly. § 2. The tutelage authorities may request necessary clarifications for the good appreciation of the matters submitted for their resolution. Article 396. Unless in urgent cases or as otherwise provided in any legal provision, the following norms shall be observed in the conduct of the proceedings, failing which the offenders shall incur a fine of 60$ to 300$: ### 1. The administrators should give decisions, which are not of routine administrative nature, or give information on proceedings which may require to be submitted for the appreciation of tutelage authorities, within a period of ten days. Sole § The decisions of routine matters shall be given immediately. ### 2. The secretaries of the administration offices and the clerks of the Comunidades are required to conclude the proceedings and to do other procedural work within 48 hours. ### 3. The technical experts shall conclude studies that are entrusted to them within the time period fixed by the administrator, after assessing their volume of service and the value of the project they are supposed to study. ### 4. The staff of the administrations office and the clerks of the Comunidades shall render information or clarifications asked by their superiors within the period of five days. ### 5. The Comunidades and the managing committees shall deliberate or report on proceedings or application that may be presented to them, within the period fixed by the administrator, and the clerk shall return the proceedings, with the copy of the resolution adopted, within three days of the meeting. Chapter XIV Appeals or complaints in general ------------------------------------------------- Article 397. The appeals and complaints against the resolutions of the Comunidades or their managing committee, which are within the powers of the administrator to decide and for which no special procedure has been laid down in the Code, shall be filed within ten days from the date on which they become known, if the appellant or complainant has taken part in the resolution or if he has been communicated and in other cases within fifteen days of the resolution. § 1. The appeal shall be filed by an application setting the due grounds and submitted, in person or through a legal counsel to the clerk of the Comunidades or the secretary of the administration office who shall give a receipt for it, indicating the date of receipt and recording the said date in the margin of the application. § 2. The provisions of the preceding paragraph shall apply to the complaints. § 3. If the appeal or the complaint is submitted to the clerk of the Comunidades, he shall attach to the same, a copy of the impugned resolution contested and the respective documents, specially those mentioned in the appeal, obtaining authenticate copy of the same, if it is not possible to obtain the originals from archives and within three days shall forward it to the president, who shall convene the meeting of the Comunidades within three days, following the formalities prescribed in the article 33 and its paragraphs or a meeting of the managing committee depending on whether the appeal or complaint has been filed against the resolution of former or latter, so that they may submit their reply. § 4. If the appeal or the complaint is submitted to the secretary of the administration office, he shall annex to the same a copy of the resolution, if it was submitted earlier to the administration office, and other relevant documents in his possession and with the order of the administrator he shall forward it within three days to the clerk of the Comunidades for him to follow the procedure prescribed in the preceding paragraph. § 5. All the appeals or complaints shall be duly processed. § 6. After the appeals or complaint has been forwarded to the administration office, with the reply referred to in the final part of paragraph 3, the evidence shall be led if so applied by the parties, or if the administrator so directs. § 7. The files shall be made available to the advocate of the parties, for a period of ten days, for examination only for the purpose of filing arguments, in case a wakalatnama is attached to the file. § 8. The attorney of the Comunidades shall issue wakalatnama to a lawyer as soon as he comes to know of an appeal against the Comunidades and if he has not done so until the file is sent to the administration office, he shall be notified for this purpose, save when there is no need of a lawyer, but in such case the decision shall be communicated personally to the attorney. § 9. What is prescribed in the preceding chapter shall be followed in all other matters. Article 398. When the appeal or complaint is made to the Governor-General or to the Administrative Tribunal what is prescribed in the Overseas Civil Service Statute and in the Overseas Administrative Reform, respectively shall be followed. Article 399. The costs shall be calculated by the secretary of the administration office. Sole § - In case of paragraph 1 of article 394, the costs of the proceedings shall be calculated before forwarding to the higher tutelage authorities and the appellant or the complainant, when is not the comunidade, shall deposit the costs and the stamp duties, failing which the appeal or the complaint shall be dismissed. Title III Shares of Comunidades Chapter I Issue of share certificates ------------------------------------------ Article 400. The number of shares of the Comunidades and the method of dividing the income of the Comunidades and determination of the annual dividend on the same shares is indicated in map No. 8. § 1. This map constitutes an extract from the catalogues existing in the various administration offices, where shares certificates and the name of the respective share-holders are registered, besides showing the operations of the same. § 2. Each one of these catalogues shall have two alphabetical indexes, the first one pertaining to the names of the share-holders to whom the shares certificates were issued or transferred, and the other pertaining to the names of those in whose favour any pending charges have been recorded. § 3. The Catalogues, which in future may be needed in the replacement, shall be organised as per model No. 15. Article 401. The face value of each share is of 120$, and its real value is the sum of the last twenty annual dividends. Sole § The share certificate is a printed form, as per model No. 16, and contains handwritten serial number of the title document, its value, the name of the shareholder and that of the comunidade, the number of shares it represents and the date of issue. It shall be signed by the administrator, the president of the managing committee and by the clerk of the comunidade. Article 402. Each certificate may represent one or more shares but not more than ten. Article 403. The total number of shares issued by each Comunidades shall always be divisible by 100. Article 404. The certificates of more than one share may be divided, at the request and at the cost of the parties concerned. The new share issued, in lieu thereof, should indicate the same number as those of dividend certificate, followed by alphabetical letters to indicate the new numbering and the order among the shares, at the reverse of each such share, mention shall be made of the charges attached to the original share which, thereafter should be destroyed. Article 405. The shares into which the original certificate was divided may again be grouped into a single certificate, at the request and at the cost of the party concerned. To this new certificate the old original number shall be assigned, and the provisions of the preceding article, as regards charges and its destruction, shall be applicable. Article 406. The shares certificates of less than ten shares may also be grouped until that number is made up, but in this case the renewal shall be at the cost of the party concerned and the new certificate shall bear the number of the old original certificate. Article 407. No stamp duty is payable for the division or grouping of shares certificates. Article 408. The issue of new shares, by division of the old certificates, shall be mentioned in the catalogue against the divided share and the new shares shall bear the original number. Article 409. The conversion of any alienable interest, when it is not yet done, shall be made in accordance with article 451 and the following ones of the regulations approved by Provincial Notification No. 591, dated 30th October 1886, it being understood that the twenty and twenty five installments provided for in the clauses 2 and 3 of the said article 451 are of the twenty and twenty five years preceding the publication of this Code, and that the divider 10 indicated in the clause 5 of the same article should be considered as 20. Chapter II Transfer of shares ---------------------------------- Article 410. The ownership of the shares is transmissible and in order to carry out the operation of the transmission, it is sufficient to indicate on the reverse of the respective share certificate, the name of the transferee with the remarks "belongs to" [pertence] [ As per Dictionary Jayme de Seguier, the word 'pertence' means: declaration which is made in some little documents indicating the person to whom the ownership of the same is transfered.] . Article 411. It is not lawful to make the transmission of one share certificate in favour of more than one person, except when they are husband and wife. Article 412. In the [transmission] [[To use the word 'transmission' instead of transfer and word 'transmitter' (instead of transferor). Because as per Indian law there is difference between 'transfer' and 'transmission'. First is intervivos and other is causa mortis. Such differentiation is not there under the Portuguese law.]] intervivos, the remark "belongs to" when made in the office of the administration shall be signed before the administrator for the transmitter whose name is found in the original record, or by the transmission by way of "belongs to" subsequently entered and followed by noting of registration of such transmission; when it is not effected before the office of the administration, the signature of the transmitter shall be authenticated by the notary. § 1. The regulation of the transmission shall be made according to model No. 18. § 2. When the transmitter does not know or cannot sign, the transmitter shall be recorded in the presence of the administrator or public notary when another person signs, at the request of the transmitter, with two witnesses present thereto, but in the second case the public notary shall certify, while attesting the signatures, the presence of the transmitter, in person. § 3. The transmission may be signed also by an attorney, with power of attorney given for disposal of movable property, which shall be filed in the administration office, except when it is registered in the respective book of the notary. § 4. In the registration of the transmission drawn out in the way provided in this article, the administrator shall declare the manner how the signature was affixed by the transmitter and authenticated, the name of the notary and the mention of usufruct rights having been reserved, when the transmitter has made such reservations. Article 413. In the transmission inter vivos by use of expression "belong to" on the certificate, the kind of contract or ground of transmission may be declared, and in the absence of such a declaration, the transmission shall be deemed to have been done by way of sale. Article 414. If the transmission is to operate causa mortis or by act inter vivos, by way of document authentic or authenticated, or by sale effected in inventory proceedings or execution proceedings before the court or administrative proceedings or the establishments of pledge duly authorized or in view of judgement of the court, the expression "belong to" shall be recorded by the administrator and signed by him, with reference to noting of transmission previously made (model No. 18). Article 415. The registration [averbamentos] ['averbar' as per the said Portuguese Dictionary of Jayme de Seguier means: 'to write in the form of a note on the margin of the deed', 'register.'] of the transmission inter vivos according to the share certificate authenticated in the manner provided in article 412 and its paragraphs shall be made by drawing in the presence of the transmitter and declaration signed by the transferor, or by another person, at the latter's request, authenticated by the public notary, as per paragraph 2 of the said article, indicating the number of the shares and of instrument of transmission, the name of the Comunidades that has issued and the name and residence of the person in whose name the transmission is done. § 1. Such declaration is dispensed with when the transmitter signs the note of the presentation recorded in the entry book, personally or through other person at the request of the former, in presence of two witnesses when the former does not know to sign. § 2. If the person who signed the instrument of transmission dies, the declaration referred to in this article shall be done by the person in whose favour the shares have been transferred, who shall declare the names and the addresses of the heirs and its representatives, who shall be given notice to raise any objection within eight days and in event of any objection is filed the party shall be advised to follow the ordinary means in case of a claim. Article 416. The registration of transmission, operated by way of a contract contained in an authentic or authenticated document, shall be based on the copy of the deed or of the authenticated document itself, which shall be filed at the administration office. Article 417. If the transmission has operated by virtue of judgement of a court of law that has become res judicata or by way of sale, by auction, by award or by remission, in the inventory proceedings, in execution proceedings or establishment of pledge, the registration shall be done on the strength of certificate of auction or certified copy of document recording the transmission, the number of the share certificates or the instrument of transmission, the name of the issuing Comunidades or of the share holder to whom the share certificate belongs and that it is free from previous charges. Sole § When the judge in the execution proceedings is the administrator himself, the registration shall be done on the strength of the report of auction and the order which declare the shares is free of charge to the purchaser. Article 418. If the transmission has operated causa mortis the annotation shall be done on the strength of the document to prove that the ownership of the share has passed to person who is seeking that the transfer be made in his favour. Sole § When the value of shares transferred in favour of forced heirs or legal heirs does not exceed 1.500 $, the transferees may obtain final entry of transmission in their favour by proving their rights as per paragraphs 1 and 2 of article 25. Article 419. The registration of the transmissions shall be made as per model No. 19. Article 420. The transmission of shares inter vivos is not liable of payment of tax levied on the successions and gifts, but on the transfer recorded on the reverse of the share certificate inter vivos or causa mortis are liable to pay the stamp duty payable as per the law in force on transmission by way of expression "belongs to". Chapter III Creation of charges ------------------------------------ Article 421. The shares certificates of the Comunidades may be offered as security for payment or liabilities by way of a [pledge] [Art. 853 of Civil Code.] or an [usufruct] [Art. 2197 of Civil Code] and consignment of [income] [Art. 873 of Civil Code] only by a shareholder, but who has full ownership of the shares, duly registered. § 1. It is not lawful to create charges referred to in this article, by way of notice recording by an act of agreement in the share certificate itself, except for the purpose of creation of usufruct, but it shall be done by a special document or contract following the formalities prescribed in the general law for such cases. § 2. It is lawful to make registration of the Civil Suit for recovery of the share certificate of Comunidades in order that the judgement become executable against the transferee subsequent to the registration. Article 422. Upon the presentation in the administration office the contract or the document wherein the pledge, usufruct or consignment of income is stipulated and the respective share certificates, their presentation shall be noted in accordance with article 433, after the charge is registered, according to model No. 19 and the corresponding record is made on the shares certificates according to model No. 20. Article 423. It is lawful to any shareholders to seek provisional registration of charges in his share certificates registered in his favour. § 1. Such registration may be done on the strength of the application of the shareholder, with his signature attested in accordance with article 412 and its paragraph 2, and from there it will be reflected the type of charges to be registered, its terms, the name and residence of the person in whose favour the charge is created. § 2. When the shareholder is present or his attorney produces the application and the respective shares, a note will be taken of their presentation in accordance with the article 433, and the respective registration shall lapse, if within 30 days is not converted into final by the person in whose favour the charge is created. § 3. The effect of conversion of provisional registration into permanent shall have retroactive effect from the date of presentation of application for provisional registration for the purpose of preference or other legal effects. § 4. A shareholder who secure provisional registration may submit an application, in accordance with paragraph 2, requesting for its cancellation, proving by declaration, signed by the person in whose favour the charges was created, with the signature authenticated by the public notary, that the act or contract for whose security the provisional registration was made, was not executed. Article 424. The seizure or attachment of shares shall be effected in the administration office, after satisfying that as per the catalogue and the book of annotation, that the respective share certificates are annotated in favour of the person appointed or one authorized by him and which are there charges which burden on them writing the result in the respective record which shall also be signed by the secretary of the administration or his substitute. § 1. In order to effect the attachment in the execution in cases which are pending in the office itself, there is no need of separate warrant. § 2. The shares that are issued or carried in the names of other than those indicated as per the writ or warrant shall not be seized or attached. § 3. The clerk who effect the attachment or seizure shall remit to the administration office a copy of the respective record, making a necessary note of presentation so that on the base of the same a competent annotation is made. § 4. When the seizure is made in pursuance of suits filed in the administration itself, the registration shall be made based on the original report. § 5. The clerk of the Comunidades or the respective official attaching or seizing the shares shall notify the holder of the certificates of the shares attached or seized, to surrender them in the administration office, within eight days, failing which he shall be liable to be prosecuted for disobedience and thereafter the necessary note shall be made and kept in deposit at the administration office. § 6. When, the shareholder, after the notification referred to in the preceding paragraph, declares that the respective shares are pledged in safe treasury or are in private hands, the administrator shall, in the first case, request the competent entities to forward the respective certificates within eight days and in the latter case, he shall order the issue of the notification to the creditor to surrender the same shares within the same period, to enable to make the necessary note of attachment or seizure of those certificates. The shares thereafter shall remain in deposit in the administration office. § 7. If, after seized or attached, those shares are presented in the administration office for any registration, they shall be retained and the necessary note of attachment or seizure shall immediately be made on them (model No. 20). § 8. After the annotation of seizure or attachment is made the administrator shall order the clerk of the respective Comunidades to retain its dividends in the safe at the disposal of the person who determined the attachment, when this is the case. § 9. Once the seizure or attachment is cancelled as result of a judgement or administrative order or on account of the satisfaction of the executive proceedings in the administration office itself, the dividends accrued and accumulated in the safe shall be free to the holder of the seized or attached shares, if nothing is mentioned as regards them in the order or final judgement. § 10. If the holder of certificate of shares fails to surrender the same in pursuance to the notification prescribed in paragraphs 5 and 6, and fails to justify its loss or existence in the hands of another person, the administrator shall prepare a report and forward it to the Public Prosecutor in order to impose the penalty to such a possessor for disobedience. He shall consider such certificates cancelled and issue a new ones in the form provided for in No. 2 of article 436. Article 425. Action shall be initiated as provided for in paragraphs 5, 6 and 10 of the preceding article in the event when by order or final judgement of the court it is directed that the shares be delivered, on any grounds, to a person other than the possessor and the latter refuses to surrender them even after being notified to this effect. Article 426. In the execution and other proceedings in which the sale of shares is ordered, the persons in whose favour any charge is registered shall be summoned for the proceedings of the recovery suit or sale and claim their preferential rights in accordance with the general law. § 1. The cancellation of seizure and attachment or any other charges on the shares sold shall be made in view of the judgement that declares them free from encumbrances, and as regards the dividends accrued and accumulated in the safe, the final part of paragraph 9 of article 424 shall be observed. § 2. In the execution proceedings filed in the administration office itself, the cancellation shall be effected on the strength of the respective proceedings. Article 427. The reversion of shares to the original state prior to the creation of any note of charges, shall be made by means of the cancellation of the respective registration of charge (model Nos. 19 and 20). Sole § In the presentation of documents for cancellation and subsequent proceedings, the same rules shall be followed as prescribed for the registration. Article 428. The registration or the cancellation of the charge on the shares shall be recorded in the share register book of each comunidade, in the form prescribed in sole paragraph of article 546. Chapter IV Common provisions dealing with transfer of shares and creation of charges ----------------------------------------------------------------------------------------- Article 429. The transmission of shares indicating the name of transferee (pertence - belongs to) or any charges created on them shall have no effect at all as far as third parties or Comunidades are concerned, before its registration in the administration office. § 1. In the transmission of shares, with consignation of usufruct of its dividend, the right to the same starts on the day of the respective registration in the comunidade, except when it is expressly otherwise provided for. § 2. Any agreement entered on the same subject shall not be recorded as transferee (pertence) and the document drawn for this purpose shall be produced in the administration office along with the shareholder certificate whereon pertence (belongs to) is considered for the purpose of registration. Article 430. The registration of whatever type they may be, will be noted in the catalogue of shares, referred to in No. 9 of article 440, writing thereafter in the index the number of the share certificate registered or in whose favour the charges, are created. Article 431. For the purpose of registration of transmissions and of the charges recorded on the shares, there shall be, in the administration office, two books of registration - one meant for registration of transmissions and the other for registration and cancellation of charges. Article 432. In order to carry any registration, the following documents shall be produced in the office of administration:- share certificates, along with documents creating security, pledge, usufruct or consignment of the income, and those by which the transmission may be proved. Sole § When the documents are presented by a person, other than the interested party, one more declaration signed by the latter and attested by the public notary, shall be required. Article 433. With the presentation of the shares certificates and correlative documents, a note shall be made in the entry book of such presentation, signed by the person who presents them and of the transferor in case of paragraph 1 of article 415, or any other person on his request and two witnesses when the former do not know to sign. § 1. The registrations shall be made and preferences regulated, in the order of these entries, if the registration were not refused. § 2. A single registration may be made when the presentation refers to the shares of different Comunidades. § 3. When, on account of insufficiency of documents or defect of the "pertence"(transmission) , the registration is refused, the administrator shall issue to the applicant the note of refusal, in order that the latter may file an appeal to the Administrative Tribunal. § 4. In case the appeal is allowed, the registration made as a result thereto shall be deemed to have been made on the original date of presentation. § 5. Once the registration is refused, due to insufficiency of documents or for irregularity in the annotation of transfer, the annotation cannot later on be allowed based on the same documents or captions "belongs to", except when the applicant clarifies the doubts or obtain favourable decision on appeal. Article 434. When the registration of transfer or charges has been made, the administrator shall order to put in the respective shares certificates the necessary captions "belongs to", and sign them with his full name, as per model No. 17 and 19. Article 435. The declaration of transferor and the documents based on which the registration was made, shall be filed in the administration office, when the documents are not certified copies from the books of public office. Chapter V Reconstruction of share certificates --------------------------------------------------- Article 436. Share certificates may be reconstructed only on following cases:- (1) In case of destruction, loss or disappearance of the share certificates proved before the administrator, with prior advertisement in the Official Gazette and in a local newspaper inviting, within sixty days, any one who may have interest to take notice of the reconstruction, except when the remains of the destroyed shares certificates are shown to the administrator and thus their identity can be satisfied, in which case no further proof is required; (2) In the cases referred to in paragraph 10 of article 424; (3) When at the back of the certificate there is no sufficient space to make further noting of "belongs to" of transfer and annotation; § 1. In any of those cases, the new share certificate shall have the same original number, with the addition of a letter from the alphabet, in due order, and a mention that the certificate has been reconstructed and the charges still in force shall be copied on the back. The original certificate shall be destroyed by the administrator. § 2. Whenever a new certificate is issued without the previous one being destroyed, due to refusal to surrender the same or as its disappearance or loss has been proved, the administrator shall announce this fact in the Official Gazette indicating the number of the certificate and that of the share and in whose name it was issued or the last registration of transfer was made. § 3. The stamp duty is not payable in case of reconstruction and division of shares. Article 437. The share certificate may be reconstructed and divided by those who are interested in the same by applying and paying its expenses. Chapter VI Prescription of shares in favour of Comunidades --------------------------------------------------------------- Article 438. The Comunidades acquires shares of the Comunidades by prescription if the dividends are not claimed for thirty consecutive years. Sole § On expiry of this period, the administrator, having complied with the formalities prescribed in paragraph 1 of article 25, shall order their registration in favour of the comunidade, when there is no complaint, or when the claimer, having been advised to take up ordinary means, fails to initiate competent action within thirty days, with service of summons on the comunidade, in order to establish ownership. Article 439. The suit for cancellation of the annotation of transfer of shares of Comunidades is barred after the lapse of fifteen years from the date of annotation, if the person registered had collected the dividends and is in good faith, or after thirty years irrespective of good or bad faith. Title IV Book-keeping and accounts Chapter I Book-keeping and accounting of the administration of Comunidades ------------------------------------------------------------------------------- Article 440. At each administration of Comunidades the following books, for general office work, shall be supplied from the general fund:- (1) Book of recording of handing over of the charges (2) Muster-roll. (3) Entry Book. (4) Book of registration of directives from higher authorities for permanent execution. (5) Book for the registration of correspondence with the Directorate of Civil Administration and of the reports on the applications and files submitted for decision of the Governor General and Administrative Tribunal. (6) Book for the registration of correspondence with the various authorities. (7) Book for the registration of correspondence and instructions addressed to Comunidades. (8) Book for the registration of securities. (9) Catalogue- book of shares, one per each comunidade. (10) Book for the registration of transfer of shares. (11) Book for registration and cancellation of charges on the shares. (12) Book for distribution and registration of execution proceeding. (13) Book for the returns, expenses and derramas of the general safe of the Comunidades. (14) Book of revenue from common fees. (15) Cash-book. (16) Current-accounts book with the Comunidades. (17) Inventory book. (18) Book for the registration and accounts of the advance fees made. (19) Book for the registration of files of emphyteusis and others. (20) Book for the registration of emoluments and salaries paid in the proceedings. (21) Book for confidential correspondence. § 1. All the books shall be of a thick paper, known as almaço and shall have opening and closing declarations, sign by the administrator, who shall also initial all the pages, asking any employee of the Comunidades to number them. In the closing declaration at the book mentioned shall be made of the total number of pages of each book. § 2. The books Nos. 1, 3, 9, 10, 11 and 12 shall be maintained as per the model Nos. 21, 22, 15, 18, 19 and 23 respectively, and the books Nos. 18 to 20 according to the models indicated by the Directorate of Civil Administration. § 3. The keeping of books Nos. 14 and 16 and the accounts of the general safe shall be regulated by the provisions set down for the book-keeping and accountings in the Comunidades. Article 441. The Entry-book shall be divided into two parts: The first for record of applications and official papers received and the second for noting the presentation of certificates of shares and documents for annotations. Article 442. On each page of books -Nos. 4, 5, 6 and 7 a necessary margin shall be kept on both the sides, sufficient to mention, on the right margin the extract of the letter, note or documents registered and on the left any previous or subsequent references to the subject. Article 443. The annual budget, referred to in No. 3 of article 125, shall be organised by the secretary of the administration office as a file and the administrator shall give his final say. § 1. A copy of the preceding year's budget and his approval's order shall be attached to the new budget. § 2. A summary of the income and expenditure, indicating the surplus or deficit, that there may be, shall be shown on the front page of the file, below the title. Article 444. Certified copies of contents, or of summary of what is recorded in the books of the office and of the papers and proceedings that are pending or filed, shall be issued by the secretary of the administration, independently of the order of the administrator, on payment of normal fees. § 1. The certified copies of the recovery proceedings of dues which are in progress and the one delivered to the debtor, after the final judgement, to be used for the purpose of payment, shall also be issued without order of the administrator, but by the clerk in charge of the execution. § 2. The certified copies relating to proceedings filed in the administration office shall also be issued according to this article. § 3. The duplicates of all the certified copies of the extract of the abstract, issued shall be retained and filed chronologically in the administrative office, by the dealing clerk. Chapter II Book-keeping and accounting of the Comunidades -------------------------------------------------------------- Section I General provisions Article 445. The Comunidades shall have the following books for their records and accounts:- (1) Entry book. (2) Minutes-book. (3) Cash-book. (4) Book of income and expenditure. (5) Current-accounts book. (6) Book of transfer of current accounts. (7) Charges-book. (8) Contracts-book. (9) Sundry declarations and reports book. (10) Book of orders from higher authorities. (11) Book records of the encroachments. (12) Books for the registration of claims. (13) Books for the primary enrolment of the Zonnkars (1st entry) (14) Book of primary enrolment of the sharers holders. (15) Book of pensioners and stakeholders. (16) Register 1 (Tombo 1). (17) Register 2 (Tombo 2). (18) Inventory book. (19) Outward correspondence book. Sole § All the books shall have continuity in their writing except the current accounts book which shall be written yearly. Article 446. The book shall be made of a thick paper known as almaço of the model approved by higher authorities, and shall have an opening and closure declaration, both signed by the administrator who will also initial all their pages, directing the clerk of the Comunidades to number them. In the closing declaration mentioned shall be made of the number of pages of each book. Sole § The writing should be simple and clear, without insertions between the lines or erasures unless they are indicated to at the end of the report, act, declaration or registration in which they are made. Article 447. All entries shall be made with cross reference with the page, book or documents to which they relate are related. Article 448. All the acts, records, items and minutes shall be written in the respective books with clearly so as the reading become readable. Article 449. The amounts shall be written out in words and in figures in the proper places. Article 450. From one item to another or from act written to other, only the indispensable space shall be left open. Article 451. No entry or act written in the book shall be signed without first being read to those who have to sign it and without correcting the errors which may have been occurred. Article 452. All books shall be ready and duly initialled no less than one month before finishing those that are in use. Article 453. The finished books which are not necessary for the ordinary annual writing, shall be duly filed, each bearing the appropriate label, indicating the nature of the book and the year to which they relates and such filing shall be recorded in the inventory. Article 454. All the budgets, proceedings and other papers of the Comunidades shall also be filed in the same manner, collected in bundles, divide year wise and subject wise, each bundle bearing a list indicating the papers its contains. § 1. The documents whose originals are required to be sent to the authorities on their instructions, shall be replaced in the respective bundles, by copies officiously drawn and authenticated by the clerk of the comunidade, who have taken them. § 2. The finished books and the papers more than years old, shall be collected in the archives of the administration office, under the terms of the sole paragraph of article 133. Article 455. Certified copies of text or abstract of content or of summary certificates of both current books and papers, and also those from the archives of the comunidade, shall be issued by the clerk of the Comunidades independently of any order, except as established in paragraph 1 of article 493 of the Overseas Services Statute (E.F.U.). § 1. The certificates of full text (Known as of teor) shall be issued by copying literally the documents from which they are taken. § 2. When the registered act contains various subject not inter related and a copy is requested of one or more subjects, the certified copies shall contain the word for word copy of the preamble of the act, of the subject asked for, of the closing and of the signature, indicating in dotted lines the unconnected matter which has not been copied down. § 3. The summary certified copied of the extract, when referring from to the inventory Tombo 2 shall contain, besides the inscription, all reference to the charges of encumbrances registered on the property in question. Article 456. All the certificates shall be issued by the clerk of the Comunidades within 5 days, failing which he is liable to pay a fine of 30 $. Sole § If the time-limit of 5 days is insufficient to issue the certificates asked, the administrator may extend it at the well justified request of the clerk of comunidade. Article 457. Each archive shall have an inventory of all the books, documents and other papers, indicating the state in which they are found. § 1. Based on this inventory, the administrator shall check, whenever he finds convenient, the archives of the Comunidades, and certify the existence, the state of preservation and order of the books, documents and other papers, contained in the same and shall mention its findings in the book of sundry declarations. § 2. The administrator and the secretary of the administration office shall not be entitled to any emoluments for the work of inspection, but only the conveyance allowance. Article 458. No book or papers shall leave the archive of the comunidade, except when taken to the administration office and by the order of the administrator or in the cases provided for in this Code. Sole § In the criminal proceedings or any other, the books of the Comunidades may be examined in the respective archive, with the prior notification to the administrator indicating the date and hour, or in the administration of the Comunidades office where all the necessary books shall be requisitioned. Article 459. The special way of keeping each book is defined in the rules and models prescribed in the following sections. Article 460. No resolution may be taken or no act of the interest of the Comunidades can be enforced, unless it is found recorded in the competent book. § 1. The clerks of the Comunidades who record such acts on loose papers or in an improper book shall be punished with the suspension from duties without pay for thirty days. § 2. When, for any reason, it is not possible to record an act in the proper book and there is urgency for such an act, the administrator, after being satisfied about the circumstance, may authorise that the recording may be done in other book indicated by him, and from which it shall be transcribed in the proper book as soon as possible. Article 461. The books of the Comunidades have full faith and credit and its achieves shall be deemed public for the purpose of paragraph 2 of article 2423 of the Civil Code. Section II Minute-book Article 462. The minute-book shall contain the minutes of the managing committee and of the comunidade. § 1. This book shall have in each page two columns, one on the right margin and the other on the left. The former shall be used to record the note of previous or subsequent minutes which are related and the latter shall be used to record the abstract. § 2. The minute shall record the views of the majority and the votes and protests of the minority. § 3. The wording of the minutes is within the power of the presiding officer of the meeting; the single vote of any of the members and the consultative vote of the clerk of Comunidades shall be drafted by themselves. Section III Cash-Book Article 463. All the revenue and expenses of the Comunidades shall be collected in and paid at the office of comunidade, and all the entries and monies entering and leaving the safe shall be recorded in the cash-book. Article 464. The cash-book shall be written according to model No. 24, by recording the amounts entered on the left page and on the right the amounts paid, the latter being signed by those who receive the money. The closure and opening of the safe shall be signed by all the key holders. Sole§ In the closure declaration referred to in this article, mention should be made of the total amount received and paid. Article 465. On each page, two columns shall be opened on the right and one on the left, the latter one for the current accounts to which a credit or debit shall be carried forward and the sum of the entries and issues, and the first of the former to be used for entering in figures the amounts received and paid during the present management and the second one for those of the previous management. [Article 466.] [Article 466 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix)] At the end of each quarter, the clerk of the Comunidades after calculating the sum of the incomings and outgoings amount, shall prepare the balance on a separate sheet of paper, determining the cash balance and, together with the other key holders, after checking that this balance exists in the safe, shall certify the balance in the safe, signed by the same key holders, forwarding the same to the administration office during the first eight days of the next month. Failing to do this the clerk shall be liable to pay a fine of 60 $. § 1. Similar fine shall be imposed by the administrator on the key-holder who causes delay in sending it, fail to justify to be present at the verification of balance in the safe, without giving a proper justification for his absence, within five days. § 2. The sums which have been forwarded to constitute this balance, shall refer to the page of the cash-book, from where they were taken and shall also indicate the serial order of the amount entered and issued. § 3. In addition to the quarterly balance sheet foreseen in the main body of this article, a monthly balance-sheets may be asked to prepare by the higher authorities and in accordance with the instructions issued for this purpose by the Directorate of Civil Administration. Article 467. At the end of the management term, a final balance sheet shall be prepared in the same manner in the cash book and compare it with the actual balance that has been calculated and confirmed, to which shall add any arrears, advance payment and a list of creditors to who the respective amount belongs. All this shall be made as per model 24 and this balance and list shall be signed by the key holders and attorney on the out going members. Article 468. After the list is prepared and, during the first days of March, a statement shall be made to hand over, with the intervention of the managing committee, to the new key holders, the money found in the safe, and then the new accounting shall start by transferring thereto under item No-1 the money found in the prescribed form. Article 469. When from the result of the balance foreseen in this section or from the extraordinary balance sheet prepared, the administrator is satisfied that the balance, indicated in the cash book, does not exist in the safe, a certified copy of the current account shall be issued and sent to the administration office, according to the provisions of paragraph 1 of article 562, without prejudice to criminal and disciplinary proceedings. Section IV Income and expenditure book Article 470. The income and expenditure book shall be used to prepare the yearly income and expenditure statement, determining the net income or deficit of the comunidade. Sole§ This book shall be maintained according to model No. 25. Article 471. The income comprises: ### 1. The indivisible balance from previous year, carried over to the new committee; ### 2. Any amounts that were set apart on previous pages and in fact were not spent; ### 3. Any sums that entered the safe under the management of the previous year but belonging to the income of the year; Under the title - Invariable: ### 4. The foro from emphyteusis of Comunidades; ### 5. Any certain and inalterable contributions that the interested parties have to pay to the Comunidades; Under the title - variable. ### 6. The rent of the rural properties of the Comunidades; ### 7. The rent of its urban properties; ### 8. The income from fish, straw, honey, wax and from any other contract of the Comunidades; ### 9. The income from variable contributions due from the parties; ### 10. The interest on loan; ### 11. The interest for late payment on the arrears, paid by the debtors; ### 12. And finally, any other income received occasionally. Article 472. The expenses shall comprises:- Under the title-invariable. ### 1. The tribute foros that the Comunidades pays to the National Treasury until the cessation of such payment in terms of sole paragraph of article 5; ### 2. The foro that the Comunidades pays to private individuals; ### 3. Any duly authorised fixed charges that the Comunidades must pay; ### 4. The pay of the clerk of the comunidade; ### 5. The wages of the porter or crier and other employees; Under the title-variable. ### 6. The subscription the Official Gazette of for subsequent year; ### 7. The contribution to the general safe; ### 8. The property tax and other taxes payable to the National Treasury; ### 9. The price of ordinary work of dams and others; ### 10. The probable cost of books, stationery and advertisements; ### 11. The interest on the Comunidades borrowing; ### 12. The extraordinary expenses legally authorised; ### 13. Any other expenses duly authorised. Article 473. All the items of income shall refer to the respective sources and shall indicate the page and the number of the books, where the sum received is accounted for; and those of the expenses shall indicate their source or the authorization from higher authorities failing which they shall be immediately cancelled by the administrator. Article 474. The figures of the income and expenditure shall be considered together find the balance or deficit of Comunidades. The respective statement, after being signed by the attorney, cashier and clerk of the comunidade, shall be submitted to the managing committee which shall discuss the same in their ordinary meeting of the month of April and give its opinion. Article 475. After submitting to vote of the Comunidades and other interested parties, the clerk of the Comunidades shall forward the statement to the administration office by 16th April, along with a copy of the minutes of the meetings of the committee and of the comunidade, complains and subsidiary books and documents demonstrating the legality of the items of income and expenses. Sole§ The statement shall also be accompanied by the files relating to pending works or those authorized. Article 476. On receiving the statements, the administrator, shall order the staff of the administration to examine the same, under his responsibility, and shall approve or have them corrected. He shall indicate in his order, the amount that should be separated and go to reserve fund, up to the maximum limit of ten per cent of the income, and for payment of the debts and occasional expenses, setting the rules to be followed in the fixation of the dividends and return the statements before the 15th June. Article 477. On receipt of the books, the clerk of the Comunidades shall convene the attorney and the treasurer and, in implementation of the order issued shall establish the amount to be distributed as zonn and shares, or the deficit to be recovered from members, all in accordance with model No. 25. Article 478. After following what is prescribed in the provisions of the last part of the preceding article, distribution shall effect, according to the statute of the respective comunidade, amongst the zonnkars and the shareholders, declaring the amount due to each zonnkar and to each share holder. Such declaration should be signed by the clerk of the comunidade, attorney and the treasurer. § 1. For the purposes of this article, only zonnkars registered before the closure referred to in article 200, shall be included for the purpose of distribution. § 2. In the Comunidades whose assets have been disentailed, the net income or deficit shall be distributed, according to the conditions of the comunidade, between different properties in proportions established in the inventory Tombo No.1, for payment to the respective proprietor or recovered from him the share fallen due. Article 479. After the distribution is done, the Comunidades clerk shall send to the administration office, by 10th August, together with the list and the book referred to in sole paragraph of article 484, a chat mentioning out the revenue, expenses, net income or deficit and debt payable, everything compared with the respective figures for the preceding year, in accordance with to model No. 26, issuing at the end a certificate stating the amounts separated for the purpose of works and payment of debts and the amount referred to in article 476, the amount due to each zonnkar and to each share and the active debts. Sole§ This chat shall be accompanied by the current accounts of the National Treasury, when the latter possesses shares in the comunidade. Section V Books of current account Article 480. The current account book shall be divided into two parts: the first for annual enrolment of zonnkars and those who are obliged to contribute to the deficit, and the second of the current accounts of all members, servants and defaulters. Article 481. The current accounts shall be numbered following the order of the enrolment of the members and the registration of the shares and after the conclusion, the current account shall be opened of those who have credit or debit with the Comunidades, including the Pensioners' Bank. § 1. The contractors of the extraordinary works and the clerks of the Comunidades shall have in such capacity, accounts different from those they may have as members or as contractors for any service with the comunidade. § 2. The Comunidades shall also have some space to record in this book the dividends of its own shares and the amounts of indivisible balance, the amounts that are set aside for ordinary expenses not put up to tender, for the extraordinary expenses and for payments of any amount of advance given for work, services or extraordinary supply and for reserve fund, and also any amounts indicated in the statement on account of advance payments made in the previous years. Article 482. In the right hand margin of the left hand page of the current accounts book, that is used for recording the entry of the credit of the member or servants, three columns shall be opened; the first for recording in figures all the credit sums, the second for carrying over the sum of the same credit and the third for observations and notes. Sole § Each credit entry shall indicate the number of the entry of the book from which it has been taken. Article 483. In the right hand margin of the right hand page, used for recording the entry of the debit of the member or servants, there columns shall be set up in the same way; the first for recording, in figures, all the debit sums, the second for carrying over the sum of the same debit and the third for observations and notes. Sole § Each debit entry shall indicate the number of the entry of the book from which it has been taken. Article 484. The current accounts book shall be kept as per model No. 27. Sole § The clerks of the Comunidades shall finish the writing of current account entries by 31st July, by crediting and debiting the amounts to which the members, servants and others are entitled to or which they owe to the Comunidades up to such date, and shall then prepare a list of the debits of the same, from lease rent of the properties or contributions to invariable or variable charges, in the case of the Comunidades assets being disentailed, sending the same to the administration office by 10th August, together with the book of current accounts. Article 485. The treasurer shall collect these lists from the administration office, duly approved by administrator by 20th August, and shall then undertake the recovery by using the means provided for in this Code. Article 486. The current accounts of the members, servants and other debtors shall be closed from the 11th November till the end of the same month, and as per its result, the clerk of the Comunidades shall issued before the 8th December, a final confirmed list of the debts of the same. Article 487. The list referred to in the preceding article shall be presented in the administration office by 10th December, together with the current accounts book and with the administrator's approval, received by the treasurer on the 11th and 12th of the same month. Sole § The time limits established in this article and in the preceding one may be extended by the administrator, in view of the special circumstances of the comunidade, but never beyond 31st January. Article 488. Once the accounts have been closed and the list is submitted to the administration office, the clerk of the Comunidades shall send out current accounts to the debtors, in accordance with article 559. Article 489. The administrators by official notice, published in the Official Gazette and pasted on the door of the meeting house in each Comunidades shall fix , three to ten days for the payment of proceeds of zonn, dividends and credits which were not paid on the days set in article 106, preferably between 15th January and the end of February. § 1. In the public notice it shall declare the proceeds of zonn or the dividend to which to each zonnkar and each share holder is entitled. § 2. Alongwith the notice, a comparative chat of the income and expenditure of the respective Comunidades (model No. - 26) shall be affixed at the gate of the meeting house. § 3. The amounts, not collected on the designated days, may be paid, irrespective of order, at any opening of the safe and the key holders shall be entitled to emoluments only when the payment is made during extraordinary opening of the safe. Article 490. The payments for deposit made directly in the safe by the debtors, mentioned in the confirmed list, shall be accepted after the necessary entries is recorded in the debtor's current accountants book in the column reserved for the remarks and against the balance in debt. Sole § The clerk of Comunidades shall always issue a receipt to the interested party for this and any other payments made. Article 491. The payments made to the zonnkar, shareholders and other creditors shall be taken from the safe of the Comunidades and shall be recorded, in the same manner, in the current accounts of the creditor, opposite to the balance in credit. Article 492. After the current accounts have been closed, the clerk of the Comunidades shall indicate the balance of credit and the debit in the same accounts, as per model No. 27. Article 493. The credit balance consists in comparing the amounts which are in fact credited in the current accounts with those that should have been credited. Article 494. The amounts which should have been credited are:- ### 1. The amount established in the statement of income and expenditure referred to in the last part of article 477; ### 2. The sum of the expenses of the same statement; ### 3. The amount set aside for the extraordinary works; ### 4. The remain which is indivisible reserved for the following year; ### 5. The amount relating to charges; ### 6. The amount paid by the interested parties or servants in the safe until the closure of current accounts, in relation to the management of the last year; ### 7. Any amounts which may have been added to current accounts from overdue credits or advance payments from the previous year. Sole § The sum of these amounts, is the first entry in the balance sheet. Article 495. The credited amount shall consist of the sum of the second column of the left-hand page of the current accounts and shall constitute the second entry in the balance sheet. Article 496. When the sum of the amounts mentioned in the preceding article is greater than that of the amounts designated in article 494, the clerk of the Comunidades shall be held responsible to the Comunidades for the difference, which he may recovered from the person to whom it was given in excess; in the case of the amounts referred to in the preceding article being less, the difference shall be found in the safe, from which shall be paid those who have been paid less. Article 497. The debit balance in the current account consists in comparing the amounts which are, in fact, debited in the current accounts with those that should have been debited. Article 498. The amounts which should have been debited are:- ### 1. The total income of the Comunidades as recorded in the income statement, less the balance and other amounts received on account of previous years' credit; ### 2. The amounts relating to charges; ### 3. The amount withdrawn from the safe by last year's management committee, until the closure of accounts; ### 4. Any amounts belonging to advances in arrears that were included in current accounts. Article 499. Those that are debited are the following ones:- ### 1. The sum of the second column of the right page of the current accounts; ### 2. The sum of the definitive list; ### 3. The amounts withdrawn from the safe by the treasurer, whose payment to the parties concerned has not been effected and is not, therefore, included in the current accounts. Article 500. When the total sum of the amounts referred to in the preceding article is less than the one referred to in article 498, the clerk of the Comunidades shall be held responsible to the Comunidades for the difference which he may recover from the person whom he paid less; in case when the amounts referred to in the preceding article being greater, the differences shall be found in the safe, from which shall be paid those who have been over debited. Article 501. These balance of credit and that of debit shall be examined and checked by the attorney, within the period fixed for the closing of accounts, and sign them after making the necessary observations. Article 502. The current accounts shall be available for examination to the members and other interested parties from the 13th to the 20th December, and the clerk of the Comunidades is required to issue copies of current accounts of the same, whenever asked for, duly signed on stamped paper supplied by the party concerned or on unstamped paper. Article 503. The current accounts of the treasurer shall be opened at the end of current account book, wherein shall enter, as a charge, chronologically and on the respective dates, all the amount that he received from the safe, the amounts in debts that he has to collect, as indicated in the confirmed list and the amounts that he has been entrusted to recover. It shall be also crediting to such account, in due chronological order, the payments which he makes, after registering the respective receipts, the amounts that he kept in the safe and those that have been paid by the debtors, mentioned in the definitive list after the closure of the current accounts. Sole § Deposits shall be made in the bank known as [Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] [Substituted for the words 'Caixa Economica de Goa' by Goa Act 3 of 1998, dated 17-1-1998.] by the treasurer, within three days and the sum in question being handed over to him after the respective entry is made in the cash book. This sum, on each occasion, shall never be greater than the amount decided by the administration of the Comunidades. Article 504. This account shall be closed by 25th February and verified and confirmed on this date by the attorney, who shall sign it, recording the observations he sees fit, and the balance resulting from the same against the treasurer shall be paid by the end of the same month. If not paid in time, the interest payable shall be at a rate of 6 per cent per annum, from the following 1st March. Article 505. In the cases referred in the preceding article and in No. 4 of article 100, the clerk of the Comunidades shall issue the certified copy of current account against the treasurer, under the terms of article 562 and followings, and send it to the administration office in the form required by article 564. Article 506. Each certified copy of current accounts issued against the treasurer or and against the other debtors of the 'comunidade' shall be recorded in the respective book, opposite to the balance outstanding, in the column for observations. Article 507. On the closing of the treasurer's account, all the accounts shall be presented to the managing committee and to the Comunidades at their ordinary meeting in March, to give their opinion on that matter, either approving them as they are or indicating as to how they should be modified. Sole § During the period from the 26th February to 15th March the same accounts shall be made available in the house of meetings, for examination by the parties concerned. Article 508. After the replies referred to in the preceding article are obtained, the clerk of the Comunidades shall participate to the administrator before the 20th March certifying that all the requirements of the Code pertaining to the yearly accounts system have been complied with. Article 509. The administrator, as soon as he receives these information from the clerk, shall fix the days, by means of a notice published in the Official Gazette, for auditing of the accounts of the clerks, key-holders and treasurers of the Comunidades. Article 510. In accordance with this notice, the clerk of the Comunidades shall notify the key-holders to be present in the administration office on the designated date and shall send to such office, eight days in advance, the documents of notifications and the books and papers needed for the auditing of the accounts. § 1. These books are those indicated under Nos. - 3, 4, 5, 6, 7 and 10 of article 445, and the book of current accounts for the previous years, and the papers are the receipts in connection with the payment made during the current year to National Treasury, to the general safe and to other entities, and the copies of the minutes approving these accounts. § 2. The administrator may order that these books and papers be send much earlier, for them to examine and keep the work ready for auditing of the accounts. Article 511. The clerk of Comunidades who fails to be present, without proper justification, on the day indicated in the notice, shall be fined with 120 $, and the accounts shall be audited, even in the absence of others who were not present. Article 512. The accounts of the clerk of Comunidades shall be audited as per the balances determined in article 482 and the following ones; those accounts of the president as per the balance of the cash-book; and those the treasurer as per his current accounts serving as supporting documents, all the accounts books, records and papers, referred to in paragraph 1 of article 510. § 1. In addition to the responsibility resulting from the balances of credit and debit, the clerk of the Comunidades shall also be held responsible for whatever excess or undue payment he made to the zonkars, share-holders and other creditors, without prejudice of the joint and several liability of other key-holders referred to in paragraph 1 of article 105. This shall be verified at the time of the auditing of the accounts, showing the balance in the following way: (a) The balance of overdue credit shall have as its first item the sum of the such credit, determined in the second part of the general balance sheet of the preceding year, and the second item shall consist of the amounts of this credit included in the statement, the payments made during the period of management and whatever remains shown in the general balance sheet; if the sum of the second item is greater than that of the first, the excess shall indicated the liability of the clerk; if, however it is less, it will show that certain creditor has not been listed, or that his credit was understated and this fact shall be corrected in the credit list. (b) The balance of current credit shall have as its first item the sum of the credit recorded in the current accounts, and second item shall consist of the part compensated in the same accounts, from what was paid to the parties concerned after the closures of accounts and of what was carried over to the next management. If the sum of the second item is greater than that of the first, the excess shall indicate the clerk liability; if however, it is less, it shall indicate that certain creditor was not listed or that his credit was understated, which shall be corrected in the credit list. § 2. If, these two balances sheets result in any liability on the part the clerk, the same balance shall be referred to on the auditing of accounts, and the certified copy of current account to be issued against the said clerk shall be, in this case, a copy of the same. Article 513. The outcome of the audit of accounts shall be recorded in the current accounts book by order of the administrator after entering before that in the same book the necessary reports of assessments. Sole § In case of appeal against the decision, the copies of the balances sheets, and of the treasurer's accounts, together with those reports of assessment made and of the decision shall form the respective case file. Article 514. The clerk of the Comunidades who fails to keep ready the accounts according to the rules and within the time limit, shall forfeit one third of his pay and may be dismissed by the Governor General after being heard, if the irregularity committed result any loss to the Comunidades as a result of the irregularity committed, this loss may be recovered by means of charges to his accounts and to his guarantor. Sole § The administrator shall appoint a person to finalise the accounts and fix up a remuneration according to the volume of work. This remuneration shall be paid by the comunidade. Article 515. If punishable irregularities in the accounts are found after conducting the examination, the administrator shall immediately notify the fact to the Governor General, in order to determine the criminal and disciplinary responsibility of the clerk. Section VI Book of transfer of credits Article 516. It is known as 'outorga' the transfer of credit available from one current accounts to another. Article 517. The creditor who wishes to transfer his available credit to another current account shall sign directly or through his attorney, a declaration that he wishes to transfer all his net credit or a certain part of it in the name of a person who has current accounts in the comunidade. Article 518. The transfer shall be drawn up as per model No. 28. Article 519. When the declaration has been signed, the clerk of Comunidades shall write, in figures at the right margin, the amount transferred, and crediting and debiting in the respective current accounts, shall write at the left margin of the terms, the numbers of the same current accounts. This shall be the indication that the transfer requested has been made. Article 520. The credit may also be made by authorization signed by the creditor of the Comunidades in stamped paper, with the signature notarised, when the such a signature is not known to the clerk of comunidade, who shall enter in that book an item in the form as shown in model No. 29. Sole § Once this entry has been signed by the clerk of the comunidade, he shall indicate the amount in the margin and shall make transfers as provided for in preceding article. Article 521. The declarations and entries of the credits shall be numbered annually and in order and such numbering shall have reference to the credits and debits of the respective current accounts. Article 522. The authorizations for items of credit shall bear special numbering. Article 523. The credits may be made from the 1st August to the 10th November and shall not be accepted before or after this period. Article 524. The clerks and the guards of the comunidade, shall not grant the credits that they may have in the capacity as members of the comunidade, without the consent of the same, as the treasurer shall not allow to grant or receive the credit on his private account without first settling his management accounts. Article 525. On the 11th November the clerk and attorney shall close this book, mentioning in the closing declaration, in words and in figures at the margin the sum of amounts granted. Section VII Book of charges Article 526. All the charges shall be made in the book of charges and signed by one who creates them. Article 527. Once the loading is legally created and valued when this is necessary, the clerk of the Comunidades shall note down in the margin of the respective terms the quantity of the load or the amount determined and, debiting or crediting to the respective debtor or creditor, shall record in the left hand margin, the numbers of the current accounts, which shall indicate that the transfer has been effected. Article 528. The charges of the produce or rents of Vaingana/Rabbi shall only be made before the 30th April and those on the product of Sorodio/Kharif by 10th November. Sole § What is contained in the sole paragraph of article 487 shall be applicable to the recording of loading of Sorodio/Kharif. Article 529. The creation of charges shall have a numerical order to which the credit and debit in the current accounts shall refer. Article 530. On the 11th November, the clerk and attorney of the Comunidades shall close the book of charges, mentioning in words, in the closing declaration and in figure at the margin, the sum of the amounts charged and signing the said closing declaration. Article 531. The charges made upto the 10th November shall be transferred to the current accounts of the creditors and debtors, and those made afterwards shall likewise be carried over to the current accounts of the following year, along with those made up to the 10th November of the current year. Section VIII Contract book Article 532. The contracts book shall be used to record the lease contracts and sale of properties, the work contracts, services contract and agreements and any other contracts that the managing committee may enter into. Article 533. The terms of contracts shall be recorded indicating the date, month and year, the subject of the contract, the price or the rent, the name and the address of the bidder and of the surety and the conditions of the contract, when these were not previously set out and mentioned in the respective budget or estimate, and they shall be signed by the bidder and his surety and by the members of the managing committee present. § 1. In the ordinary auctions, however, the clerk of the Comunidades shall draw each day the deed of a bid, incorporating therein the terms of the biddings that were awarded, with the signature of the respective bidder and his guarantor. At the end of the day, the same shall be sign by the members of the managing committee as per model No. 13. § 2. When the bidders and their sureties do not know or are unable to sign, other persons shall sign on their behalf, at their request, in which case two witnesses shall also intervene and sign. § 3. For each draw, the Comunidades shall pay to the National Treasury, in the form that is already established, the stamp duty due, in accordance with the law in force at the time of the lease; when, however, the administrator presides at the auction, the Comunidades shall pay also, in addition, the stamp duty on the tendering report. § 4. The stamp duty on lease and the share in the stamp duty on auction reports shall be charged to the respective lease holder, together with the rent. Article 534. The book of contracts shall be divided into two parts, the first part for the terms of auctions revenue and the second part for declarations of items of expense contract. Article 535. The pages of the book of contracts shall have a column in the left side margin in order to write therein the number of the current account where the result of bidding amount be noted and on the right side margin to record there in the number, the bidding amount of auction. Article 536. The recording of auction of income and expenditure shall be numbered by a special numbering system, as per its nature. Article 537. The book of contracts shall also be used to record any contracts with the Comunidades and the managing committee drawn by public instrument or special records. Section IX Sundry declarations and reports book Article 538. The book of sundry declarations and reports shall be used to write any record and deeds not included in the preceding book, such as those of reinforcement of sureties, transmission and others and the reports of inspections carried out by the managing committee and other agents of the Comunidades, to remedy the breach of bunds and similar occurrences. Article 539. In all the reports and records mentioned will be made of the date, month, year when they are made and residence of the intermediary party, the subject dealt with and all the particulars collected and at the end the clerk of the Comunidades and other intermediary party shall sign. Article 540. The records shall be numbered annually, and the caption of the subject shall be written. Section X Book of record of orders from higher authorities Article 541. This book shall be divided into two parts, the first shall be used for the registration of all the orders for permanent execution from higher authorities, received by the clerk of the comunidade. Sole § The first part shall also be used to record the receipts of payments made to the National Treasury, to the general safe and others, together with any miscellaneous acknowledgements or separate receipts. Article 542. The second part of the same book shall be used to record the reports of experts in respect of land applied for as emphyteusis and such registration shall be done only at the left side page and the page of right side is meant for recording the delivery of possession of the same emphyteusis grants, which shall be written precisely on the page at right portion of the report of examination by experts. Section XI Book of record of encroachments Article 543. This book shall be used for the registration of non-legalized encroachments and shall be maintained as per model No. 14. It shall contain the measurements, information regarding neighbouring land, valuation of the usurped lands, name and address of the encroacher and all necessary clarifications, that may be required not only to identify the lands, but also to do the recovery and redemption. Section XII Book of the registration of claims in the matter of survey Article 544. This book shall be used to record complaints against survey work of the Comunidades fields connected with the preparation of Register (Tombo) . Sole § On each of the pages of this book, in addition to the space reserved for the text of the claim, there shall be two columns: one, on the right, to register the administrator's decision, which shall contain his final decision on this matter, and the other, on the left, for the serial number assigned to each claim (model No. 10). Section XIII Book of primary enrolment of zonnkars Article 545. The book for the primary enrolment of zonnkars shall be kept as per the model No. 6. Section XIV Book of primary enrolment of the shareholders Article 546. The book for the primary enrolment of the shareholders shall be kept as per model No. 30. In this book it shall also be noted down the inscriptions and cancellations of any charges on the shares when, for this purpose the interested party produce before the respective clerk of the Comunidades, the certified copy of the annotations made at the administration office, or the certificates with the required annotations. Article 547. The book referred to in the preceding article shall be closed on 31st May each year, under the terms of article 200. Section XV Book of primary enrolment of the pensioners and sharers Article 548. The book for the primary enrolment of the pensioners and participants shall be maintained according to the model recommended by the Directorate of Civil Administration. Section XVI Register 1 (Tombo 1) Article 549. The Register 1 (Tombo 1) shall be used to record the rural, buildings and barren lands of the comunidade, their measurements and land-marks, for the description of the sources of Comunidades income, not deriving from private lands, and for the registration of the reports identifying, describing and demarcating the lands marginal to the roads and the paddy fields, exclusively reserved for the constructions, and of the lands that can be brought under cultivation at the Comunidades cost. It shall be kept as per model No. 11. Sole § The maps of other lands shall be attached to this book when the topographical survey is made. Article 550. The encroached lands which are reverted to the Comunidades shall soon be recorded in this book. Section XVII Register 2 (Tombo 2) Article 551. The Register 2 (Tombo 2) shall be used registration of the lands of the Comunidades granted in emphyteusis or to any fixed contributions. The designation of the respective possessors shall be mentioned in the book which should be kept as per model No. 12. Article 552. Any further change in the description contained in Tombo 2 shall be recorded based on the orders of the administrator, in the form prescribed in article 222 and the following ones. Section XVIII Book for the general inventory Article 553. The inventory book shall be kept in accordance with the article 446 and the following ones. Section XIX Book of outgoing correspondence Article 554. The outgoing correspondence register shall be used to copy all the correspondence issued by the Comunidades and it shall not be subject to any special model. Title V Coercive recovery of the debts Chapter I General provisions --------------------------------- [Article 555.] [The above mechanism is similar to that of the articles 45, 46 and 52 of the Portuguese Civil Procedure Code. See also Chapter X of the Land Revenue Code Section 122(2) relating to the recovery of arrears of the Land Revenue.] The procedure established in the Code of Fiscal Executions (Codigo das Execuções Fiscais), shall apply for coercive recovery of the debts payable to the Comunidades, save otherwise provided in the title with exception of the provisions of this title. Article 556. Only certified copy of current account issued in accordance with the provisions of the following chapter shall be deemed to be enforceable title. Article 557. In the event of the death of the principal debtor, during the course of execution, his heirs shall be summoned and subsequent steps of the proceedings shall follow without there being need to formally bring on record. Chapter II Current accounts -------------------------------- Section I Debtors subject to coercive recovery Article 558. The following are subject to the provisions of the preceding chapter: ### 1. The debtors of the Comunidades, whichever may be the source; ### 2. The [sureties] [See article 818 onwards of the Civil Code.] and persons liable jointly or severally for debtors mentioned in the preceding clause; ### 3. The debtors liable to pay fines imposed in terms of this Code and for recovery of stamp duties and costs due in any proceedings become res judicata. § 1. The following are excluded: ### 1. Debtors of sum loaned by the Comunidades against [mortgages] [See article 888 onwards of the Civil Code.] , although the interest may be demanded in accordance with the preceding chapter, when the mortgage guarantee is not proposed to be enforced; ### 2. Liabilities guaranteed by mortgage, when it is proposed to use such guarantee; ### 3. The debtors of the Comunidades declared by judicial decision. § 2. The cases for recovery of debts, except under the preceding paragraph, shall be instituted in accordance with the general law. § 3. In the case provided for in No. 2 of paragraph 1, the recovery suits shall be based, besides the registration of the mortgage, also on the decision fixing the responsibility or the respective account for the guaranteed debt, issued under the terms of this Code, and in this latter case, the judgement debtor shall only be granted stay of execution, on the grounds, beside those provided for in article 813 of the Code of Civil Procedure, on lack of standing to be sued on the part of the judgement debtors, on the illegitimacy of the parties, on the illegality of the items included in the current account and on forgery of such account. Section II Issuance of certified copies of current accounts Article 559. Certified copies of current accounts shall be issued by its clerk, on this own initiative, against the debtors to the comunidade: ### 1. As he is the key holder of the safe, immediately after the discovery that the money is misappropriated and following on from the balance sheet, when the missing money and its interest are not replaced forthwith in terms of the article 469; ### 2. In the case of the treasurer, by 15th March of the year following that in which he held office; ### 3. In the case of debtors of interest or the principal of loans obtained against pledges, within fifteen days from the due date; ### 4. In the case of debtors of foros, rentals, land rents, charges and other amounts mentioned in the current accounts, referred to in the article 488, by 30th December of the respective year, except when the time limit for issuing of the definitive list of debtors has been extended by the administrator. In this case, the current accounts shall be issued within ten days following the expiry of such time limit; ### 5. In the case of debtors declared as such by a competent decision in an administrative proceedings, within ten days of such decision becoming definitive; ### 6. In the case of the rest of debtors, at the date fixed by the administrator by his order or dispatch. § 1. Clerks of the Comunidades who fail to satisfy their responsibility, as assessed in the decision on the auditing of accounts, within ten days from the date when the said decision becomes definitive, shall be suspended from duty and paid by the administrator, who shall immediately replace them and order their substitute to issue the current account within three days. § 2. The same method shall be adopted regarding the debts of the clerk when they derive from the fine imposed in accordance with the rules laid down in this Code. § 3. The suspension shall be lifted as soon as the debt and the interest, stamp duty, costs and percentages, are settled but the clerk shall be subject to the penalty of dismissal when the suspension exceeds two years. § 4. If the key-keepers of the safe pay the missing cash at the time of taking the balance, but without the corresponding interest due, in terms of paragraph 1 of article 562, a current accounts shall be issued for the interest, within the time limit stipulated in No. 3 of this article. § 5. The same method shall be adopted against treasurers if they pay the amounts missing without the interest due, under the terms of article 504. Article 560. The Comunidades shall not forfeit their right to carry out the procedures provided for in this Title against debtors when the respective clerk fails to issue the current accounts in terms of the preceding articles. In such case, the administrator shall order its issue, at his own responsibility, as soon as the clerk's failure to do so comes to his notice, and shall enforce the penalties to which the clerk is subject. Article 561. A clerk of the Comunidades who fails to issue the current accounts in terms of the article 559 shall be solitarily responsible for the debts resulting from the same accounts and against him recovery suit shall be instituted, separately or jointly, with the respective debtors. Article 562. The current accounts, save in special cases specified in this Code, shall contain: (a) A copy of the current account of the debtor, as recorded in the book with reference to the year to which it relates. (b) The name and address of the debtor and guarantors, with reference to the share of responsibility of each. (c) The amount of missing funds or debt and the indication of the percentage and date when the interest is due, as stipulated. (d) The declaration whether the responsibility of the debtor was judged or not by way of administrative proceedings in terms of this Code. (e) The name of the attorney of the creditor comunidade. (f) A declaration of the amount which, after the closure of accounts, has been entered in the safe in payment of the missing calculated funds. § 1. If the current accounts are issued against the key holders of the safe, it shall consist of a copy of the balance sheet indicating as to what was the amount that should have existed in the safe, with a certificate showing how much it was actually found, with reference to the date of the previous balance. The negative difference between what should exist and what was found, is the amount of missing funds, which carry interest at the rate of 6% as from the date of previous balance sheet. § 2. If the current account was issued against clerks of the Comunidades and the debt was the result from over - crediting or under debiting current accounts, it shall consist of a copy of the credit or debit balances referred to in article 493 and 497, followed by a certificate of the respective part of the accounts audit decision. § 3. If the responsibility of the clerks was the result from payment made to the creditors in excess, considering the balance in credit, the current account shall consist of the copy of part of the accounts audit decision containing the respective balance sheets, in terms of the paragraphs of article 512. § 4. If the responsibility of the clerks derives from missing amounts from the safe due to accounting mistake, the current account shall consist of the certificates of respective credit and debit, of the amount resulting from the same, and the respective part of the accounts audit decision. § 5. If the debt derives from fine, costs and stamp duty, the procedure to be followed before the administrator shall be as provided in the article 92 of the Code of Civil Procedure. Article 563. The current accounts shall be written in two columns on the same half page, one for credit and the other the debit, the balance being declared in words. § 1. If the debtor or any of the guarantors or any person holding joint responsibility expires, the clerk shall declare this fact in the current accounts. § 2. The current accounts which are based on securities not registered in the books of the comunidade, shall always be accompanied by the same documents, in original or authenticated copies. § 3. When the Comunidades is the creditor, the current accounts shall be initialled by the attorney so that he may know that the current account has been issued and defend the rights of the respective Comunidades in the relevant proceedings. § 4. If the attorney refuses to initial the current account, the clerk shall notify and certify this fact in the current account. § 5. Such notice may be effected in the book of current accounts, following the registration of the definitive list, or in a list of current accounts issued, which shall be filed with the comunidade, and the certificate of notice issued, in the current account shall be referred to this book or to the list filed. Article 564. After the issue of the certified copy of current accounts against the debtors of the Comunidades and after the attorney has been notified, in accordance with the preceding provisions, the clerk of the Comunidades who issues them shall forward them to the administration office within three days, from the last date sent for issue. The secretary of the administration shall issue him a receipt for the same. Sole § For the infringement of the provisions of this article the clerk shall be subject to the provisions of article 561. Article 565. After receiving the certified copy of the current accounts, the secretary of the administration office shall order the same to be recorded in the gate book, within three days, and then present them to the administrator, who shall distribute the same and have the distribution recorded in the book referred to in No. 12 of article 440, when the current account debtor is not the National Treasury, an administrative body or a public administrative utility. Sole § The recovery clerk to whom the current accounts are handed over shall issue the required receipt. Article 566. If the debtor of the current accounts is one of the entities referred to in the last part of the preceding article, the following procedure shall be observed:- § 1. The current accounts against the National Treasury shall be forwarded with remarks of the administrator to the Director of the Treasury (Fazenda) who shall make arrangements for payment of the balance amount in debt. § 2. The current accounts against any administrative body or corporate body shall be forwarded to the respective representative, with a request for the payment of the respective balance in debt. § 3. The entity receiving the requisition shall, within ten days, give orders for payment of debt in the following ten days, when the same dept is not contested. § 4. When contested, he shall return the current accounts to the concerned administrator, attaching a copy of the resolution, of the documents on which it is based and his information when he deems it necessary. § 5. After receiving the current account, along with the documents referred to in the preceding paragraph, the administrator shall submit the case, with his remarks, for a decision of the Governor-General. § 6. When the debtor body has been communicated, through its representative, of the decision of the Governor-General ordering any payment to be made, and if such payment is not effected within ten days, the Governor-General shall be duly informed about this fact, to enable him to take further measures as he finds convenient. Article 567. The recovery clerks to whom the current accounts have been distributed shall process the same following legal formalities and forward them to the administrator, to enable him to issue a dispatch ordering the summons of the debtors, guarantors and joint responsible requiring them to pay the debt, within ten days or to indicate the assets for seizure, failing which the proceedings shall follow its course. § 2. For the purpose of service summons, a warrant shall be issued, when necessary, and the current account shall be copied therein. Section III The effect of issuance of certified copies of current accounts Article 568. The current accounts give the respective Comunidades the following rights:- § 1. To calculate the interest in its favour at the rate of 6 per cent per annum, with effect from the date of service of summons, in case no interest was payable on the debt, or else in case of interest was payable, but it was lower or higher than 6 per cent. § 2. To calculate against the debtor, in accordance of article 628, 3 per cent of the debt in favour of the respective recovery court. § 3. To permit the arrest of the debtor in the case provided by the article 418 of the Code of Civil Procedure (Codigo de Processo Civil). Section IV [Opposition of the judgement debtor] [See article 812 w.r.t. 813 of Portuguese Civil Procedure Code.] Article 569. The judgement debtor may oppose the current accounts within 10 days from the date of service of summons. § 1. When the opposition is filed, the clerk shall receive the same and attach it to the case file and issue a receipt to the person submitting it declaring that it has been attached to the proceedings which shall be submitted for orders . § 2. If the clerk refuses to accept the opposition defence or to issue the receipt in accordance with the preceding paragraph, the opponent shall file a complaint to the administrator who, after hearing the respective clerk, shall decide as he deems fit, and if the complaint is upheld, the clerk may be suspended up to fifteen days. Article 570. Opposition may be raised on following grounds:- ### 1. Error in the accounts. ### 2. Discrepancy in the accounts in the book and the certified copy issued. ### 3. The payment has been effected. ### 4. The claim for compensation. Article 571. The defence shall be rejected in limine :- ### 1. When it is not presented within ten days, as from the date of service of summons and the grounds raised are outside those mentioned in the article 570; ### 2. When it is not signed by the respondent and his lawyer or only by the lawyer when he is holding a power of attorney; ### 3. When the denial is not specific and raised para wise, indicating in what manner the accounts ought to be varied and what is the balance; ### 4. When, there is debit balance against the contesting party and no proof has been adduced of having effected a deposit corresponding to this balance and interest, when due, in records of the administration office or in the safe of the respective comunidade; ### 5. When it is not accompanied by the documents mentioned in the contestation, unless those documents are found in the archives of the administration office or of the respective Comunidades and such statements is made in opposition; ### 6. When the ground is the errors in the accounts and the same accounts has been decided in a special procedure or in accordance with articles 512 and 513, unless there is a discrepancy between the respective decision and the summons of the current accounts. § 1. If, in the course of proceedings of opposition raised by the latter establishment in the proceedings under article 512 and 513 a certified copy of the decision shall be attached to the case file and such decision shall substitute the proceedings of the opposition against the current account in order to put an end to the respective case filed or to proceed in execution for recovery of the dept established in the same judgement. § 2. When the opposition is not in the conditions of being received and processed, it shall remain attached to the file, so that it could be considered by the higher authorities in the event of an appeal against the said decision which declared it. Article 572. The opposition suspends the proceedings of the executors subsequent to the attachment. Sole § The attachment, however, shall not be done in the following cases:- ### 1. When the debt arises from an obligation secured by the pledge of shares of the Comunidades or of gold or of silver objects or by mortgage. ### 2. When the opponent tenders security as provided in the Civil Procedure Code, within ten days from the date of issue of notice by order of the administrator including the probable amounts of the court-fees, costs and interest, as stipulated. Article 573. After the receipt of the opposition, the attorney of the Comunidades may reply within ten days, commencing from the expiry of ten days time granted for the opposite party to submit his defence, when there is sole defaulter, but when there are more than one defaulters the time shall count from the date of service of notice the summons to the last defaulter. § 1. The answer shall be given and signed by the attorney of the Comunidades and the lawyer, or by the lawyer only when he has the wakalatnama. § 2. The clerk of the Comunidades who issued the current accounts may give his say on the matter raised in the opposition. Section V Production of evidence and arguments Article 574. The evidence shall be led within ten days from the expiry of the time-limit granted for the reply of the attorney of the comunidade. Article 575. Only documentary evidence is admissible. § 1. The payment is to be proved by a certified copy or receipt referring to the Cash book, issued by the clerk, where from it is established the entry in the safe of the respective Comunidades of the amount paid which is required to be proved. § 2. The attorney or the clerk of the Comunidades may challenge that the document produced is forged, in which case the respective file has to be forwarded to the court for the decision on this incident. § 3. The liabilities of the treasurer is not to be adjusted with any amount which the latter may be entitled to from the comunidade. Article 576. Within the time fixed for leading evidence, the administrator may direct, at the instant of the parties or as officio, if it is felt the necessary, the counter checking of the certified copy of the current account with the examination of the books and documents which prove the source of credit and debit of account and upto the examination shall record the result in a form of report. § 1. The examination can be done in the presence of the debtor, the creditor and the clerk who issued the certified copy of the current account, with all the books and required documents. § 2. The examination and counter checking shall be done by the administrator or by the official of the administration office designated by the administrator, except when the parties may ask that the examination may be done by appointment of commissioner. § 3. Whoever applies for examination by commissioner shall with twenty four hours make the required advance payment failing which the examination will be done without the commissioner. Article 577. The parties may give their submission, in writing within five days from the date the production of evidence is approved, except when the examination can not be concluded within the said time, in which case the time will start after leading all the evidence. Sole § The pis entitled to inspect the file at the office of administration but they are not entitled to have independent examination of the file. Section VI The judgement and appeal Article 578. The administrator shall deliver his judgement giving reasons, within ten days of the end of the time limit for the submission, rejecting or upholding the defence, in whole or in party and if the defence is upheld, he shall cancel the account or direct it review. Sole § The parties shall be notified of the decision, unless they acted ex-part. Article 579. The cost arising from the deposition and all steps taken till final decision shall be paid by the defeated pin the proportion to the quantum decided. Sole § The costs and stamp duty incurred by the creditor Comunidades as per the judgement shall be born by the clerk who had issue the certified copy of the current accounts and if the change of the accounts was occasioned due to his fault or negligence, then he shall also have to pay a fine in favour of the opposition, equivalent to double the costs and stamp duty. Article 580. If the decision directs the review of accounts the same shall be done in the same proceedings, by way of a record which shall be registered in the book of the respective comunidade, after the decision on the objection has become res judicata. Article 581. A judgement against the Comunidades upholding the objection shall not be final till it is confirmed by the Administrative Tribunal, whereto the proceedings shall mandatorily be remitted and such remission should be notify the party that is not ex part. Article 582. All the orders and final decisions of the administrator connected with the objection against the current account are subject to appeals to the Administrative Tribunal. Sole § The appeals against the interlocutory orders shall be forwarded along with the appeal against the final decision. Article 583. The appeal against the final decision on the objection, if the objection is not upheld, shall have the effect of a stay and shall be reported to the higher authorities along with the main file. Section VII [Adjudication by way of embargo] [See article 812 w.r.t. 816 of Portuguese Civil Procedure Code.] Article 584. Besides the objection to the current accounts before the administrator, the judgement debtor may also raise objection by way of embargo. Article 585. When the objection is raised on the grounds provided in clauses Nos. 3 and 4 of article 570, before the administrator is not open to the judgement debtor to file the embargo on the same ground. Article 586. The embargo sustains the execution only after the attachment. Sole § The attachment shall not, however, be done in the cases provided for in clauses Nos. 1 and 2 of the sole paragraph of article 572. Article 587. The embargo or petition shall be presented before the clerk who shall issue receipt thereof to the presenter and process them separately appending the same to the file of the execution proceedings or to the certified copies obtained by the objector when at the same time he had filed objection (as per article 569) and after having given the security, the file shall be sent to the administrator who shall send them to the court within three days under prior notice to the petitioner. Article 588. If the clerk declines to accept the embargo or to issue a receipt with a declaration that the papers are processed, the petition to the embargo will proceed in accordance to paragraph 2 of article 569. Article 589. The further steps of the petition of the embargo shall be proceeded in accordance with the provisions of the Code of Civil Procedure and the articles 575 and 576 shall be followed to the extent that it is not contrary to the general rule. § 1. When the debt arises from the payment of foros, the applications the embargo challenging the legality shall not be maintainable when objection is raised by the person whose name is registered in the of the registration of Comunidades claiming to be the owner in usufructuary or head of family of the property from where the foro arises. § 2. If the debt arises from the rents of property of Comunidades and other contributions connected, then the embargo on the alleged illegality shall not be held tenable when objection is raise by the lessee of the property or by a person who has stood as security for payment of rent from the dept arised and when the respective auction has been countersigned by the administrator. Chapter III Attachments ---------------------------- Article 590. At the end of the period of ten days without the payment of debt being made, the clerk of the Comunidades shall proceed with the attachment. Article 591. The attachment shall start with the estate that was especially given as guarantee for the obligation from where the debt arises and then proceed with the share of Comunidades, by the sums to which the judgement debtor has right in judicial, administrative and fiscal proceedings, moveable or semi-moveable, the credit receivable by the judgement debtors, by rentals, foros, interest, pension and any other instalments, the fruits of immovable property as well the property itself, and this attachment shall be made on the property which may be found sufficient to pay the debt interest, stamp duty, costs and percentage. Sole § When the debt arises from the foros, in the first place, the rent or the fruit of the property from which the foro arises shall be attached. Article 592. The attachment of the shares of Comunidades shall be effected in accordance with article 424 and its paragraphs. Article 593. The provisions contained in article 854 of the Civil Procedure Code shall also be applicable to the depository found to be in fault in the presentation of the respective accounts. Article 594. If the attachment is in respect of immovable property and the debtor is married, the other spouse shall soon be summoned. Article 595. If the attachment is in respect of immovable property, the attorney of the respective Comunidades shall apply for its registration, to the conservator of the Land Registry (Conservador do Registo Predial). In the same application, a certificate of the encumbrance on the attached property shall also be requested. § 1. In the talukas where there is no Land Registry office, the application for the registration of the attachment and of the certificate of charges shall be made through the respective administrator. § 2. The registration note, the certificate referred to in this article and the one of having issued the summons to the spouse of the debtor and of the taxable income of the confiscated properties, shall be attached to the case file, and the same be forwarded to the administrator, who shall order that it shall be sent to the competent court in the concerned taluka. Article 596. When on the same lands, there is more than one attachment, the deposit shall be made in the possession of the first depository, and, in case it is made in possession of any other person, the depository can request for the change of deposit. Article 597. The depository shall submit accounts in the recovery court, in accordance with the applicable provisions in the Civil Procedure Code, except when the attachment falls in the immovable property, in which case the accounts shall be submitted to the civil court. Chapter IV [Third party objections] [See article 1036 of Portuguese Civil Procedure Code.] -------------------------------------------------------------------------------------------------- Article 598. In the objections by the third party the following provisions shall be strictly followed: (a) The objection raised by third party shall be rejected in limine by respective judge in cases, dealing with the shares of Comunidades, which are not accompanied by a document which prove that the attached shares are registered in the name of the objector or his representative and also the objections raised shall not be accepted in case the recovery case is filed for the debt of a deceased person in whose name the shares are registered. (b) The third party objections shall be rejected when the debt is caused from the foros and other contributions due to the Comunidades relating to the attached properties. Chapter V Auctions and awards ---------------------------------- Article 599. After the attachment is done, or in the case of a debt secured by a pledge, the administrator shall fix the day for auction. Article 600. When the execution of dept is of the amount below 600 $ it is not mandatory to make public notice. Article 601. The starting bid in the auction of movable items shall be the value referred to in the attachment report. Article 602. The bid price, whether for movable or immovable property, shall be deposited, when required, at the order of the respective court, in the safe of the respective comunidade, observing the applicable provisions of articles 614 and 615 and it shall be withdrawn or paid into the safe as per the competent letter of the court. Article 603. When the produce of the properties has to be auctioned, the respective sale shall be limited to the produce of one year only, and when the value obtained is found not to be sufficient to pay debt in full, interest, stamp duties, cost and percentages, or no bidder had come forward, the administrator can order the transfer of attachment to any other assets of the debtors, or may attach the soil, other provisions contained in article 595 shall be observed. Article 604. The bidder, who is not known, shall be excluded from bidding, save when he is ready to pay, in ready cash, at the time of auction, its price, the auction expenses, stamp duties, transfer tax or when a reliable person stands surety for him subjecting himself to the imprisonment also. Article 605. The decree holder may request the award of the properties, in accordance with article 874 and 875 of the Civil Procedure Code. Chapter VI [Creditor's claim] [See article 564 of Portuguese Civil Procedure Code.] ------------------------------------------------------------------------------------------- Article 606. After the auction is over the following shall be notified:- ### 1. The creditors of the debtor indicated in the certificate of charges. ### 2. Any other uncertain or unknown creditors. The notice mentioned in No. 1 shall be issued personally to the creditors when they reside in this State and regarding those mentioned in No. 2 by public notices of 20 days. Article 607. The creditors notified in accordance with the preceding article may claim their credits according to the article 865 of the Code of Civil Procedure and, if they do so, the case papers shall be forwarded immediately to the Courts of the competent judicial district for further legal action, till final decision regarding creditor's claims. § 1. The provisions of the main body of this article shall not apply to credits claimed only from the income realized from the auction of shares of Comunidades, on the grounds of registration of encumbrance, and when no preferential rights are claimed in addition over the produce of other properties. § 2. In the case provided for in the preceding paragraph, the claims of creditors shall be conducted and determined before the administrator, as per the provisions of the Code of Civil Procedure prescribes for such claims of recovery, whenever applicable, save the modifications made in this Chapter. § 3. The credits claimed before the administrator need not be accompanied by a certificate of registration of encumbrance. Article 608. If anybody contests the credits claimed under the terms permitted by the article 866 of the Code of Civil Procedure, the method as prescribed in the present Code should be followed in the case of embargo of execution, excepting regarding the surety that shall not be necessary. Article 609. When the debt secured by recording on the shares is not valued or matured, the respective creditor shall claim his credit and, once it is placed in the right position in the order of priority, the amount due to him shall be ordered to be kept in the Comunidades safe, until such time as it matures and is valued, or until any interested party does not cancel the encumbrance, because the debts to which the claim relates has been extinguished. Article 610. The order of priority of creditors, with respect to income realized with the sale of shares of the Comunidades shall be done in accordance with the priority of the respective annotations made. Article 611. The final decision on the claims of creditors, in accordance with paragraph 2 of article 607, shall declare the shares exonerated of all charges which are noted as guarantee of debts, and shall order the respective annotations cancelled. Chapter VII Payment ------------------------ Article 612. At any stage of the proceedings the debtor or any other person may pay the debt, along with the interest, stamp duty, cost and percentage. § 1. The third party who pays the debt shall be subrogated in the rights of creditor to recover from the debtor, his guarantors or other responsible in accordance with this Code, whatever they have paid for them, being able then to pursue further the same case. § 2. The co-responsible, who are established as such by contract or by law, and the guarantors have right against the principal debtor, for any payment they make and in accordance with the preceding paragraph, and each one against the others, in the respective proportion, under the terms of general law. Article 613. Soon after the payment is offered, the clerk of the Comunidades shall obtain from the accounts clerk, the immediate calculation of stamp duty, percentage and costs, issuing thereafter the respective payment chalan, countersigned by the administrator, to enable to effect the payment of the stamp duty owed to the National Treasury, to the person who has offered payment, the said chalan shall be delivered along with an unstamped duplicate for filing at the Treasury Office. Sole § The chalan issued shall be presented at the respective Treasury Office and the corresponding amount shall be paid there, and, after obtaining the receipt on the chalan of having effected the payment, the same shall be handed over within twenty four hours to the respective clerk of the Comunidades that issued it. Article 614. After attaching the chalan, with the receipt recorded in it, to the case file, the clerk shall issue another chalan signed by the administrator, for payment of the debt and interest and shall deliver the same to the person offering payment, with an unstamped duplicate chalan for filling in the records of the comunidade. § 1 In this chalan issued reference shall be made to the number of the case file and indicate specifically the origin and the value of the debt and interest of each current account processed, mentioning the date till when such interests have been calculated and any other sum to be paid to the Comunidades safe, declaring in the end that in addition to these amounts, there is additional interest to be calculated in accordance with the provisions of No. 1 of article 568, at the time of payment. § 2. The provisions of the Civil Code shall be applicable to the contractual interest. § 3. In case the challan is not attached to the file till the time designated for the auction, the same shall not be suspended. § 4. The percentages and the cost, already assessed, shall be paid to the clerk, who shall certify the said payment at the end of the accounts, and shall distribute them to whomsoever it belongs. Article 615. The challan referred to in the preceding paragraph shall be presented to the clerk who has issued certified copy of the current account, within three days and the said clerk after receiving the amount and the interest, which he assessed, shall record the same in the cash-book, and, with reference to it record a receipt on the slip, and hand it over to the presenter. § 1. The clerk of the Comunidades who receives the amount, mentioned in the challan, shall convene the key-holders of the safe, within twenty four hours, if the total amount received is 300 $, or more, and after collecting this amount in the safe, he shall authenticate the items entered in the cash-book with the signatures of the other two key keepers. § 2. If the amount is less than 300 $, it may be placed in the safe, after following the formalities established in the preceding paragraph, at the next opening. § 3. In the case referred to in the preceding paragraphs, the clerk who received the money shall immediately participate to the administrator the fact that the amount entered in the cash-book has been authenticated with the signatures of the key-holders and that the said amount has been placed in the safe. § 4. The challan received by the person who made the payment, shall be returned to the clerk who had issued it, within five days as from the date of the said challan. Article 616. The debtor is allowed to pay the debt and the interest in the safe of the comunidade, without any slip, at any stage of the proceedings. Sole § The clerk of the Comunidades who had collected the money which was deposited in the safe, shall issue the receipt referring to the cash-book, which shall be presented to the dealing clerk in charge of the case, who shall attach it to the respective file and proceed further in terms of article 613. Article 617. After the clerk has received the chalan, referred to in paragraph 4 of article 615, or sole paragraph of article 613, in case the integral amount of the debt and interest have been paid in the safe of the comunidade, he shall attach it to the case file, and after effecting the payment of the costs and percentages, if due, he shall forward it to the administrator for him to close the case and order the same to be closed. § 1. On the final decision of declaring the execution satisfied, there shall be no notice. § 2. The certified copy of payment made in the execution proceedings, which is issued by the respective dealing clerk in charge of the file and signed by the administrator, constitutes the document for the cancellation of the attachment. Article 618. When, within the prescribed period, the slips referred to in article 613 and 614 have not been returned to the clerk, along with their receipt of payment, the recovery proceedings shall continue. Article 619. When as a result of attachment and auction, some amounts are collected which are not sufficient for the payment of the debt, interest, cost and percentages, in that case, the revenues and cost shall be paid first and the rest shall be deposited in the safe of the crediting Comunidades on account of the debt and the recovery case shall proceed further, as regards the outstanding debt. Article 620. If the debtor presents money at the auction for the payment of the debt, interest, revenues, costs and percentages, the auction shall be suspended for the period of time which the administrator feels is absolutely sufficient for effecting all the payments in the administrative office, and if that period expires without, the payment being effected, the auction shall proceed further. § 1. The amount to be received shall be processed as provided in article 613 and 614. § 2. In this and other cases where the integral payment of the debt, stamp duties, cost and percentage is to be collected in the administration office, the challan for payment of the stamp duties shall be hand over to the official concerned with the required amount to effect the payment in the Office of Accounts (Fazenda) and the amount necessary for payment of debt and its interest to be made to the clerk who had issued the certified copy of the current accounts, for which purpose he being called in the administration office with cash-book so that the entry could be made under the respective items. Article 621. The payment of any part of the debt, which the debtor wishes to make, shall not be refused and, in this case, a receipt for the amount received shall be passed to him and the proceedings shall continue in respect of the remaining part of the debt. Article 622. If, after the issue of current accounts and its delivery to the secretary of the administration, but prior to being summoned, the debtor pays the debt or a part thereof, the clerk of the Comunidades shall issue him a receipt, referring to the cash-book. The debtor shall present this receipt in the administration office in order that the current account proceedings shall not continue further, although, he shall be held responsible for the payment of stamp duty and costs incurred before the same receipt being received by the administration office. Article 623. The Comunidades need not offer any security for the withdrawal of money from public deposits relating to their credits, even if there is pending appeal in the recovery suits. Article 624. If, in view of the payment, remission or consignation in deposit made within the ordinary period, any amount is necessary to be deposited, such deposit shall be made in the safe of the respective comunidade. Chapter VIII Forgery of documents -------------------------------------- Article 625. When forgery is invoked, the administrator shall order that they should be sent to the competent court after being attached to the recovery case. Article 626. When the forgery is pertaining to service of summons or any other act related to administrative procedure the administrator should order that the proceeding alleged to be false be repeated along with others that are depending on the same and direct that the recovery case should proceed further in the administration office itself. Sole § In case any proceedings alleged to be false are by order repeated, the petition that invokes the forgery shall be detached from the case file and sent to the court in order that any crime therein committed be punished. Chapter IX Costs --------------------- Article 627. The emoluments and the wages shall be calculated as per the table attached to the Code. § 1. In the recovery cases of the amount which is less than 150 $, the emoluments and the wages shall be reduced to one fourth, and the value being inferior to 300 $ to half. § 2. The rules in force pertaining to the counting of non stamped paper, are applicable to the recovery cases. Article 628. In the recovery cases when the payment is effected, in any form, after the expiry period of ten days following the summons, an additional percentage of 3% of the principal debt shall preferably count against the debtor, out of which two-thirds shall belong to the administrator and one-third to the recovery clerk in charge of the case. § 1. The distribution of the percentage shall be done in the case file itself. § 2. In case the amount rise is insufficient, the cost shall be preferred over the percentage. Article 629. All the acts and proceedings shall be carried out free of charge, in case in respect to the same, no fees are fixed in the annexed table, for wages and conveyance. Sole § No costs nor revenues shall be received when the debt not recoverable. Article 630. The accounts clerk shall close the accounts with an indication of the total amount, written in words, and shall not count more than one charge, for all the tasks that were carried out on the same day and in the same case in favour of each of the employees carrying them out. In this case, when the proceedings of the same nature are exercised by more than one employee, only one charge shall be counted which shall be divided equally among them. This part of the rule shall not, however be applicable to the proceedings where more than one employee is required by law. § 1. The value of the costs shall not exceed three-fourths of the amount of the recovery case, unless when the case is contested and there is a request for stay of execution. § 2. When the value of the costs calculated is in excess of three-fourths of the amount to be recovered, proportional reduction shall be effected to amount which the employees have right to it. § 3. In no circumstances shall negative certificates be counted in the proceedings, and the charges for attachment shall only be counted in the cases in which they are counted in summons. Article 631. If any employee, who is entitled to the costs, does not resides in the taluka, the payment made can be proved through the receipt noted on the reverse of the payment slip, which the clerk of Comunidades shall send to the secretary of the administration office of the Comunidades of the other taluka, mentioning specifically the name of the employee the amount of the costs to which he is entitled. Chapter X Unrecoverable debts ---------------------------------- Article 632. The debts which are known to be unrecoverable as the debtor, his guarantors and co-responsible are not holding absolutely any land, those debts should be treated as non recoverable in the respective file. Article 633. For the purpose of judging the debt, as non recoverable, the administrator shall consult, in writing, the parish-priest, the functionary in charge of parish, the clerk of the Comunidades and its managing committee and shall collect any other information that he sees fit. Article 634. If the information gathered, confirms the insolvency of the debtors, guarantors and co-responsible persons, the final order shall be pronounced judging the debt as non recoverable. Article 635. The judgement declared non recoverable any debt, the rights of the creditor shall be safeguarded for a period of thirty years, allowing the recovery of the debt, out of the estate that may be acquired by the debtors, their guarantors or co-responsible persons. Article 636. The judgement of the debt as failed, shall also be rendered when the debt indicated in the current accounts origins from the foros, rentals, interests, land rents or any other periodical payments, and when five years have elapsed after such debt matures, without the person responsible being summoned to pay the same or without the limitation period being interrupted by any legal means. Article 637. The non recoverable debts may be judged as failed, in view of a list organized by the recovery clerks, separately for each comunidade, wherein there is mention of the names of the debtors, guarantors and other co-responsible persons, the nature of the debt, the year to which they relate, their value and the numbers of the respective case files. § 1. The information referred to in article 633 shall be attached to the list. § 2. When the information thus gathered confirm the insolvency of the debtors, their guarantors and other co-responsible persons, the respective debts shall be judged as failed by a final order recorded in the respective list, attaching to each file the certificate of the said order. Article 638. The judgement given on the failed debts shall only be valid after being confirmed by the Administrative Tribunal to which the case files shall be forwarded. Sole § When the judgement of failed debts have been written in the list itself, referred to in article 637, this list shall be forwarded for confirmation along with the respective file. Article 639. Once the judgement and the annulment of the failed debt have been confirmed, the administrator shall order that the certificate of the judgement, with mention of all the required circumstances, shall be sent to the clerk of the comunidade, to enable him to make the competent entries in the books, so that the annulled credits will no longer figures in the yearly balance, save in the case of article 640. Article 640. The judgement failed debt shall be annulled when, within thirty years from the last proceedings in the recovery case wherein the debtor was summoned, or from the due date of maturity of the debt, if no summons were served, properties of the debtor, capable of being confiscated, are discovered. § 1. In this case, the judgement being annulled by order of the administrator, the assets shall be attached and other proceedings shall follow as if no judgement had taken place. § 2. The clerk dealing with the file and the clerk of the Comunidades shall inform the administrator and arrange for the annulment of the judgement of the failed debt as soon as it comes to their notice the existence of assets that the debtors, guarantors and other co-responsible persons possess from which the debt can be recovered. § 3. The annulment of the failed debt cannot be effected in case provided in the article 636. Title VI General and transitory provisions Article 641. Only the remunerations provided in this Code and in the maps annexed shall be quantified and paid to the employees and agents of the Comunidades and to the administrators, without the prejudice of what is contained in article 644. § 1. The inclusion of these employees in the categories of map I, annexed to Decree No. 40.709, dated 31st July, 1956, shall entitle them to the pay presently earned by the government servants, of equal category, including the family allowance, daily allowance, travelling allowance, travel and transport allowance on the same terms as are established to such government servants. § 2. The physicians of medical posts and junior staff of the Comunidades shall have the pay and salaries fixed up by the Governor-General, after consulting the respective Comunidades. Article 642. The expenses with the pay of the clerks of the Comunidades shall be included in the private budget of the administrations offices and the sections of the Comunidades and shall be paid from the proportionate contributions derived from the division of the same expenses between the Comunidades existing in each Taluka. Sole § The provisions of the second part of this article shall apply to the clerks of the Comunidades of Quepem and Pernem. Article 643. The exercise of the right of the clerks of the comunidade, which involve increase of expenses, excepting what is contained in the preceding article, shall be subject to the financial possibilities of each Comunidades or their group and its implementation shall be allowed subject to the favourable sanction of the same. Article 644. The remunerations of the administrators, clerks and auxiliaries which amount to an increase of expenditure in relation to those earned at the date of publication of this Code shall also be subject to the financial possibilities of the Comunidades of each taluka and depend on their favourable vote, sanctioned by the Governor-General. Article 645. The personnel of the private administrative offices of the Comunidades and those of the taluka administrations (sections of Comunidades) shall be subject to the general discipline applicable to the government servants, enjoying the same rights and duties, without the prejudice to the provisions of this code. Article 646. The Comunidades may recommend and the Government may determine in the Comunidades where there is a need it is deemed necessary the constitution of bouços (association of tenants). Sole § A special law shall regulate the constitution, functioning and the objectives of the bouços. Article 647. It is not lawful to pass deliberation for dissolution of their properties. Article 648. The Government may reconstitute wherever possible and convenient, the Comunidades which have ceased to exist, or promote the creation of new Comunidades, in accordance with sub-paragraph (c) of article 6 of Decree No. 35.230 dated 8th December, 1945. Article 649. Fishing is prohibited in the sluice gates of the Comunidades, but it shall be the permitted in the streams, preceded by prior assessment and auction and by placing nets at a distance not less than 10 meters from the portal. Article 650. For the fiscal purposes, the percentages referred to in Article 307, with reference to sub-paragraph (b) of article 316, shall be considered as expenses. Article 651. The sum corresponding to 5 percent of the net income of every comunidade, shall be credited in favour of the fund of the village body (junta de freguesia) or other body that may substitute the same, and such fund shall be spent exclusively for local improvements. Article 652. Every five years, in city of Panjim, on 2nd Sunday of January, a meeting shall be held of the delegates of all the Comunidades to deal with matters of general interest to them to foster its progress and propose to the Governor-General, some measures in this connection. § 1. In the first fortnight of November, the Governor-General shall appoint a commission comprising of five members chosen from among the members of the managing committee of the Comunidades, in order to make arrangements for the meeting referred to in this article. § 2. In the first fortnight of December, the Comunidades, or in their absent, the respective managing committee, shall chose the delegates to represent them at that meeting and shall approved the necessary expenses for such representation within the funds available in the respective budgets. § 3. The first meeting shall be held in 1962. Article 653. The grants of land, made under the Regulations, dated 30th October, 1886, Order dated 22nd December, 1898 and the Legislative Diploma No. 651, dated 30th March, 1933 are subject to the provisions of Article 341 and the following, when the land is in possession by the grantees or their heirs. Article 654. To emphyteusis grants of lands, for cultivation purposes, in the talukas of Ponda, Bicholim, Quepem, Sanguem and Canacona, the provisions of the Legislative Diploma No. 814, dated 6th September, 1935, and 967 dated 3rd September, 1937 are applicable, as long as new methods are determined by the Governor-General. Article 655. (transitory) : The present clerical porters of the administrations of the Comunidades appointed on permanent basis, and when are none such employees, the present temporary assistants, appointed through competitive examination, having two years of good and effective service, shall be absorbed as assistants of 3rd class, without any formalities other than the publication of such appointments in the Official Gazette. Article 656. (transitory) : The present 2nd class assistants and special assistants, temporary or substitute, and the interim bailiffs may be appointed to the respective posts, independently of any competitive examination, age and qualifications, provided they have at least two years of good and effective service. Article 657. (transitory) : In the cases where the foro in respect of emphyteusis granted at the time of publication of this Legislative Enactment had been fixed up by a deliberation of the 'comunidade' at a value different from the one resulting from the public auction, the aggrieved party may lodge a claim to the Governor-General, against it, within ninety days from the date of publication of the present Code. Article 658. The provisions of this Code shall apply to the pending cases, without prejudice to the procedure carried out before the enforcement of this Code. Article 659. Any modification that may be made, in future, on the matter contained in this Code, shall be considered as being a part of the same, and inserted in proper place, either by replacing the amended articles, or by eliminating of the revoked one or by addition of new articles as necessary. Article 660. From the date of this enforcement of this Code was made effective all the prior legislation relating to the Comunidades is revoked and specially the Legislative Enactments Nos. 651, 966, 1035, 1051, 1294, 1301, 1306, 1308, 1317, 1381, 1471, 1578, 1628, 1629, 1651, 1741 and 1869, of 30th March, 1933, of 1st September, 1937, of 23rd December, 1938, of 27th April, 1939, of 30th July, 1949, of 18th August, 1949, of 22nd September, 1949, of 13th October, 1949, of 2nd December, 1949, of 21st June, 1951, of 30th April, 1953, of 24th February, 1955, of 15th March, 1956, of 15th March, 1956, of 20th September, 1956, of 3rd October, 1957 and of 18th December, 1958, respectively, and Orders Nos. 5028, 5110 and 7664, of 19th January, 1950, of 28th September, 1950 and of 12th November, 1959, respectively. Maps, Models and Tables Referred to in The Code of Comunidades Map No. I (Article 2) On The Comunidades Existing in Goa | | | --- | | Tiswadi Taluka | | Azossim | Curca | Morombi-o-grande | | Bambolim | Elá | Morombi-o-pequeno | | Batim | Gancim | Murdá | | Calapur | Gandaulim (insolvent) | Naroá | | Caraim | Goa Velha | Navelim | | Carambolim | Gaolim-Moulá | Neurá-o-grande | | Chimbel | Goltim | Neurá-o-pequeno | | Chorão | Jua | Passo de Ambarim | | Corlim | Malar | Renovadim | | Cujirá | Mandur | Talaulim de Santana | | Curca | Mercurim | Taleigão | | Salsete Taluka | | Aquem | Curtorim | Margao | | Benaulim | Davorlim | Nagoa | | Betalbatim | Deussua | Orlim | | Calata | Dicarpale | Raia | | Camorlim | Donculim | Sarzora | | Cana | Dramapur | Seraulim | | Carmona | Gandaulim | Sernabatim | | Cavelossim | Gonsua | Sirlim | | Cavorim | Guirdolim | Telaulim | | Chandor | Loutulim | Utorda | | Chinchinim | Macasana | Vanelim | | Colva | Majorda | Varca | | | | Verna | | Bardez Taluka | | Aldona | Guirim | Pilerne | | Anjuna | Mapusa | Pirna | | Arpora | Marna | Pomburpa | | Assagao | Marra | Punola | | Assonora | Moira | Revora | | Bastora | Nachinola | Saligao | | Calangute | Nadora | Sangolda | | Camorlim | Nagoa | Siolim | | Canca | Nerul | Sircaim | | Candolim | Olaulim | Serula | | Colvale | Oxel | Tivim | | Corlim | Paliem | Ucassaim | | Cunchelim | Parra | Verla | | | | --- | | Mormugao Taluka | | Arossim | Cortalim | Mormugao | Vadem | | Cansaulim | Cuelim | Pale | Velção | | Chicalim | Dabolim | Quelossim | | | Chicolna | Issorcim | Sancoale | | | Ponda Taluka | | Adcolna | Candola | Nirancal | Talaulim | | Bandora | Codar | Orgao | Tiurem | | Betora | Conxem | Panchavadi | Vadi | | Betqui | Concolim | Priol | Vagurbem | | Boma | Cundaim | Querim | Velinga | | Borim | Curti | Queula | Verem | | Candeapar | Marcaim | Siroda | Volvoi | | Bicholim Taluka | | Advolpale | Cotombi | Navelim | Sirigao | | Amona | Cudnem | Pale | Surla | | Arvalem | Dumaxem | Piligao | Usgao | | Bordem | Gangem | Pissurlem | Vainguinim | | Bicholim | Naroa | Sarvona | Velguem | | Latabarcem | Mencurem | Mulgao | | | Pernem Taluka | | Agarvado | Dargalim | Morgim | Tuem | | Alorna | Ibrampur | Paliem | Uguem | | Arambol | Mandrem | Pernem | Virnora | | Quepem Taluka | | Molcornem | Quepem | Avedem | Bali | | Ambaulim | Xelvona | Chaifi | Adnem | | Assolda | Sirvoi | Chic-Xelvona | Fatorpa | | Cotombi | Vodar | Provincia de Bali | Quedem | | Curchorem | Xeldem | Quitol | Canvorrem | | Cusmane | Cacora | Naqueri | Pirla | | Sanguem Taluka | | Astagrar | Curdi | Nunem | | | Colomba | Netrauli | Rivona | | | Zaqui | | | | | Canacona Taluka | | Canacona | Gaundongrem | Poinguinim | | | Cola | Nagorcem-Palolem | Polem | | | Loliem | | | | Summary Tiswadi Taluka ....................................................................................... 32 Salcete Taluka ....................................................................................... 37 Bardez Taluka ........................................................................................ 39 Mormugao Taluka .................................................................................. 14 Ponda Taluka ......................................................................................... 28 Bicholim Taluka ...................................................................................... 23 Pernem Taluka ....................................................................................... 12 Quepem Taluka ...................................................................................... 24 Sanguem Taluka ...................................................................................... 7 Canacona Taluka ..................................................................................... 7 Map No. 2 Cadre of the staff of the comunidades Administrative offices, Sections of comunidades affairs and offices of the clerks of comunidades. I (Article 127) | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Talukas | Administrators | Works Technicians | Secretaries | Assistants | Draftsmen-cum-Overseers | Bailiffs | Peons | | Class I | Class II | Class III | | J | L | N | Q | R | S | U | X | Z' and Z" | | Tiswadi | 1 | 1 | 1 | 3 | 4 | 1 | 1 | 2 | 2 | | Salcete | 1 | 1 | 1 | 3 | 4 | 1 | 1 | 2 | 2 | | Bardez | 1 | 1 | 1 | 3 | 4 | 1 | 1 | 2 | 2 | | Mormugao | -- | -- | -- | 1 | 1 | -- | -- | -- | 1 | | Ponda | -- | -- | -- | 1 | 1 | 1 | -- | -- | 1 | | Bicholim | -- | -- | -- | -- | 1 | 1 | -- | -- | 2(b) | | Pernem | -- | -- | -- | -- | -- | 1(a) | -- | -- | 1 | | Quepem | -- | -- | -- | -- | 1 | -- | -- | -- | 1 | | Sanguem | -- | -- | -- | -- | 1 | -- | -- | -- | 1 | | Canacona | -- | -- | -- | -- | 1 | -- | -- | -- | 1(c) | | | 3 | 3 | 3 | 11 | 18 | 6 | 3 | 6 | 14 | (a) Shall be filled in case the comunidades pass to system of "Comunidades Commissas". (b) The expenses with the salary of one of the posts shall be borne by 9 and Mahajan associations, in the proportion 7:8. (c) The respective expenditure shall be divided pro-rata among the comunidades and Mahajan associations, in the proportion of 2/5 and 3/5 respectively. Special Monthly Allowances To the Taluka administrators, on account of the service of the comunidades: Ponda, Mormugao and Bicholim, 600$00, 450$00 and 450$00 respectively; Sanguem, Canacona and Quepem 180$00: Pernem, 90$00. To the Secretaries of the Taluka Administrative Offices, on account of the service of the comunidades: Ponda, Mormugao and Bicholim, 120$00: Sanguem, Canacona and Quepem Escudos 90$00: Pernem, 60$00. To the clerk of Section Office of Mahajan Associations at Pernem, on account of the service of the comunidades, so long as the post of Assistant for the same work is not filled, 120$00. To the Municipal Works Technicians, on account of the service of the comunidades: Ponda, 450$00; Mormugao, 300$00 and Bicholim 250$00; in the remaining Talukas with the exception of Tiswadi, Bardez and Salcete, the technical staff of the respective Municipalities or any other technician will be employed for study and working up of projects, and they will be entitled to 3 per cent. on the value of the works. To the staff of the comunidades Administrative Offices, on account of the service of the Pensioner's Bank: Tiswadi Administrator, 500$00; Secretary, 200$00; Assistant, Class I, 100$00; Bardez and Salcete administrator, 350$00; Secretary, 150$00; Assistant, Class I, 100$00. I (Article 84) | | | | | | --- | --- | --- | --- | | Designation | Category | Total Talukas | Total | | Tiswadi | Bardez | Salcete | Ponda | Mormugao | Bicholim | Sanguem | Canacona | | Clerks | Q | 6 | 8 | 6 | -- | -- | -- | -- | -- | 20 | | Clerks | R | 11 | 12 | 15 | 2 | -- | -- | -- | -- | 40 | | Clerks | S | 5(a) | 6(a) | 9(a) | 9 | 9 | 8 | 2 | 2 | 50 | (a) Includes Assistant clerks of the comunidades of Carambolim, Chorao, Calapur and Jua in Tiswadi; Serula in Bardez; Margao and Curtorim in Salcete. Classification of The Offices of The Clerk of The Comunidades and Groups of Comunidades Offices of the clerk of the comunidades, Class I (20) Tiswadi - Batim\*-Talaulim de Santana-Goalim-Moula (group): Calapur\*-Cujira (group); Carambolim: Chorao\*-Caraim-Passo de Ambarim (group); Jua and Neura-o-grande. Total 6. Bardez - Anjuna: Calangute; Corlim-Mapuca\*-Cunchelim (group) Fraternal of Aldona; Guirim- Sangolda\* (group); Parra\*-Canca-Verla (group); Serula; and Siolim\*-Marna-Oxel (group). Total 8. Salcete - Benaulim; Curtorim; Loutulim; Margao: Raia and Verna. Total 6. Offices of the clerks of the comunidades, Class II (40) Tiswadi - Azossim-Mandur (group): Morombim-o-grande\*-Chimbel (group): Corlim\*-Ela (group) Gancim-Neura-o-pequeno\* (group): Goa Velha\*-Mercurim (group): Goltim: Malar\*-Naroa (group): Morombim-o-pequeno\*-Renovadim (group); Murda; Navelim and Taleigao. Total 11. Bardez - Assagao; Assonora\*-Sircaim (group) ; Boa Esperanca of Aldona; Bastora-Ucassim\* (group); Camorlim-Colvale\* (group) Moira; Nachinola: Nerul: Marra-Pilerne\* (group); Olaulim-Pomburpa\* (group) Saligao and Tivim. Total 12. Salcete - Aquem-Talaulim\* (group) : Betalbatim; Carmona; Chinchinim; Chandor\*-Cavorim (group); Davorlim\*-Dicarpale (group) Dramapur\*-Sirlim-Deusua (group); Donculim-Seraulim\* (group); Macasana; Majorda; Nagoa; Sarzora; Varca; Velim and Ambelim-Assolna\*(group). Total 15. Ponda - Marcaim and Cundaim. Total 2. Offices of the clerks of comunidades, Class III (43) Tiswadi - Bambolim-Curca\* (group). Total 1. Bardez - Arpora\*-Nagoa (group) ; Candolim; Paliem\*-Punola (group); Nadora\*-Pirna (group) and Revora. Total 5. Salcete - Camorlim; Guirdolim; Utorda; Calata\*-Gonsua (group) Cana-Vanelim\* Gandaulim (group) Cavelossim\*-Orlim (group); and Colva\*-Sernabatim (group). Total 7. Ponda - Siroda: Adcolna-Boma\* (group) ; Orgao\*-Tiurem (group), Bandora\*-Queula (group); Betqui-Candola\*-Volvoi (group); Borim\*- Talaulim-Vadi (group) Velinga\*-Priol-Cuncoliem-Querim (group); Verem-Vagurbem-Candeapar\*-Curti (group) and Betora-Codar-Conxem-Nirancal-Panchavadi\* (group). Total 9. Mormugao - Arossim; Cortalim; Cuelim; Mormugao; Quelossim; Sancoale; Cansaulim\*-Velção (group) ; Chicalim\*-Chicolna-Dabolim-Vadem (group); and Pale\*-Issorcim (group). Total 9. Bicholim - Advalpale\*-Latambarcem-Mencurem-Dumacem (group) ; Amona; Arvalem-Navelim\* (group); Bicholim\*-Bordem-Sarvona (group); Cudnem\*-Pissurlem-Cotombi-Surla (group); Naroa- Vainguinim-Piligao\* (group) and Mulgao\*-Sirigao (group); Pale-Velguem-Gangem-Usgao\* (group). Total 8. Sanguem - Astragar-Curdi-Rivona\* (group) ; and Netorlim\*- Colemba-Jaqui-Nundem (group). Total 2. Canacona - Canacona-Cola\*-Nagorcem-Palolem (group) : and Gaundongrem-Loliem-Polem\*- Poinguinim (group). Total 2. \*Headquarters for the purpose of compulsory residence of the clerk. Note: The offices of the clerks of the groups of comunidades of Batim Telaulim, Santana-Goalim-Moula and Siolim-Marna-Oxel shall be filled gradually as the vacancies for the posting of the clerks of the same comunidades take place. Table No. 3 Emoluments and Salaries Title I Administration office of the comunidades Chapter I Administration of comunidades -------------------------------------------- Article 1. The administrator of the comunidades is entitled to the following fees: | | | | --- | --- | | For each record of inspection, survey, possession, handing over, supervision and acceptance of works, verification and drawing up of balance sheet | 18$00 | | The travelling allowance shall be as per the following rates:Upto 2 Kms. from the building of the Administration Office | 11$30 | | For subsequent 8 Kms. for each kilometer | 5$70 | | Further from upto 15 Kms., for each kilometer or fraction | 3$80 | Article 2. In case when during one and same day, more than one work is performed in respect of different files or at the request of different persons, on different subjects the charge of the travelling allowance shall be divided proportionally among all the works which might have been performed and it is classified that when all these works are concerning only one file, the travelling allowance shall be one only. Article 3. In the works requested by the comunidades or ordered officially, no fees shall be collected. Article 4. When the chairmanship of the inspection work is entrusted to the President of the Managing Committee of the comunidade, in the cases when this is permitted by rules, he shall be entitled to one half of the fee prescribed in article I and, when he is resident of a different village, he shall be entitled to the travelling allowance corresponding to half the distance from his residence. Chapter II Secretary, Assistants and Bailiffs of the Administrative Office ------------------------------------------------------------------------------- Article 5. The Secretaries and the Assistants of the Administration Office are entitled to the following fees: | | | --- | | 1. For inspection and other services dealt with in Article 1st including sealing of the safe of thecomunidades, half of the fees fixed to the administrator. | | 2. For each intimation or notification | 1$50 | | 3. In all the works mentioned in this article performed out of the building of the Administration Office, they shall be entitled to half of the fees fixed to the Administrator. | Sole § - To the case as foreseen in this number the provision of the paragraph of No. 16, Article 11 of this table shall be applicable. Bailiffs Article 6. The Bailiffs are entitled to the following fees: | | | | --- | --- | | 1. For each intimation or notification, half of that which is fixed for the Secretary of the Administrative Office, and the travelling allowance, when it is due, shall be the kilometer at | 1$00 | | 2. To the crier in the auctions of the interest of the private parties, for each bidding | 1$00 | Chapter III General fees of the Administration Office ---------------------------------------------------------- Article 7. Following fees belong to the Administrative Offices: | | | | --- | --- | | 1. On account of the distribution of the recovery files, each one | $40 | | 2. On account of authentication record of the main file and of the appended files, when there may be, for each one | 1$00 | | 3. On account of each order | 1$20 | | 4. On account of each usual record in the file | $20 | | 5. On account of each record of deposits of quit-rents, rents, arrears and other of this kind | $40 | | 6. On account of each record of security by the clerks and others, appointment of arbiters, experts, appeals, desistence acquittance, ratification, bond and others of this kind | 3$40 | | 7. On account of each record of enquiry, inspection, survey, interrogation, examination, settlement of accounts, auction of properties, of properties granted under emphytheusis system and of produce from properties and others of this kind, besides writing charges | 6$00 | Sole § - Only one record shall be made concerning all the produce sold under one file of proceedings: | | | | | --- | --- | --- | | 8. | For issuing notice | 1$20 | | 9. | For accounting the cost of one file of proceedings | 2$30 | | 10. | For each descriptive certificate or of teor, besides writing charges | 2$30 | | 11. | For each certificate of theteorand copy of the current accounts, besides writing charges | 1$70 | | 12. | For each living certificates and for each person | $60 | | 13. | Search of the book of notings and of the catalogue of shares, when it is not the current one | 1$20 | | 14. | Search of other non-current books and files of closed proceedings: | | | | a) Of the last ten years | 2$30 | | | b) More than 10 upto 20 years further | 2$30 | | | c) More than 20 years further | 4$50 | | | d) When the searched thing is not found | 1$20 | | | e) When the year is indicated search fee is not due. | | | 15. | For eachguiaintended to the payment of the transfer tax and its duplicate | $20 | | 16. | Registration of the Diploma of the Public Office | 2$80 | | 17. | For each record of annotation or cancellation of the burdens on shares, besides writing charges | 1$20 | | 18. | For the record of references made in more than one catalogue each title | 1$20 | | 19. | For each noting in the title | $30 | | 20. | For renewal of titles, besides their price, each title | 1$20 | | 21. | For division or grouping of titles, besides their price, each title | 1$20 | | 22. | Writing charges shall be $10 for each line of 30 letters | | | 23. | For each registration ofzonncar: | | | | When the gain is up to 60$00 | 2$30 | | | More than 60$00 up to 150$00 | 3$00 | | | Upto 300$00 | 4$50 | | | More than 300$ to 600$00 | 6$00 | | | More than 600$00 to 900$00 | 9$00 | | | More than 900$00 to 1,200$00 | 12$00 | | | More than 1200$00 | 15$00 | | 24. | For registration of each share | $40 | The fee of these last two items will be deducted in the current account of the respective party in the first year of the registration. Chapter IV (Article 627) ----------------------------- In the Coercive Recoveries Article 8. Administrator: | | | | | --- | --- | --- | | 1. | For initials in letters of any kind, orders examination of notices,guias, documents, records and writings in the proceedings where he is the chairman, in the folios where there is no signature.... | $40 | | 2. | For signature in the letters of any kind, edicts, deprecative letters, certificates and acquittances.... | $50 | | 3. | For Chairmanship in the work of checking of the current accounts and in the examination of the books and records existing in the record room of the administration office or in anyComunidade, for not more than 4 hours.... | 7$50 | | | For each exceeding hour, besides the said four hours.... | 1$90 | | 4. | For Chairmanship in the auction of shares, crops, produces or any other property and for each record of auction where the price of bidding does not exceed 750$00..... | 6$00 | | | When more than 750$00 and less than 1.500$00.... | 12$00 | | | When more than 1500$00.... | 12$80 | | | For each record of the auction comprising all the property not auctioned during each day because of the want of bidders.... | 3$80 | Sole § - In the case of lease, the fees will be calculated taking as its basis the value of the total rent corresponding to the whole period of the lease. | | | | | --- | --- | --- | | 5. | For the record of the adjournment of auction, at the request of the interested party.... | 3$80 | | 6. | For the decision of the contestation against the current account.... | 15$00 | | 7. | For the decision on the coercive recovery.... | 4$50 | | 8. | Travelling allowance, the same as laid down in No. 1 of article 1 | | | 9. | For each record of personal deposition.... | 4$50 | Article 9. Accountants: | | | | | --- | --- | --- | | 1. | For each item fees, salaries and costs accounted by them.... | $40 | § 1. It is item of fees or salaries, or each one of the rates indicated in this table, in respect of the acts and records in the proceedings: and item of costs, is part of account or each account already paid by the parties or paid in advance by any of the officials of the Recovery Section. § 2. However, for the said purpose, it is considered as one item: (a) All the travelling allowances of each official; (b) All the signatures of the same official; (c) All the initials of the same official; (d) All the stamp duty, including stamp duty on the copies of summon and on copies which, under this Code or as per this table, have been issued on ordinary paper; (e) All the stamp duties paid under cash payment; (f) Cost of the stamp duty of the ordinary paper supplied by each official: Folio (stamped or ordinary) means folio of the file of proceedings. | | | | | --- | --- | --- | | 2. | For accounting certificates, transcripts, copies, decision of any kind whatever, request letters, deprecative letters and any other sundry writings or documents, each page.... | $20 | | 3. | For calculation of interest, upto one year.... | $50 | | | For each further year or fraction.... | $20 | Article 10. The accountants will have to do under separate addition the calculation of what belongs to them as their own salary and when its total exceeds 6$00 they will clearly indicate the number and article of this table where the fees corresponding to different additions are found fixed and on account of this procedure, they will not be entitled to any additional salary. Article 11. Clerks of comunidade: | | | | | --- | --- | --- | | 1. | For each intimation.... | 3$80 | | 2. | For each notification.... | 2$30 | (a) In case when the intimation or notification could not take place, on account of any of the reasons as mentioned in the Civil Procedure Code, the clerk will be entitled to the same salary for his issuing the certificate of his attempt; (b) For the purpose of calculation of fees, it will be considered as only one intimation or notification those which were made on the same occasion and for the same object to the wife and husband or to the co-heirs of the original debtor, when the former and latter are residents of the same house; (c) The intimation whereof the certificates are not in keeping with the directives of the Civil Procedure Code or which do not clearly state the place, date and the approximate time of the intimation do not create right to any salary whatever. ### 3. On account of the copies of the summons and copies which might be given to the persons subjected to the intimations or notifications or to the depositories on the occasion of attachment and which are to be written on ordinary paper (legal type) the clerk, besides the costs as mentioned in No. 14, will have the right to writing charges. | | | | | --- | --- | --- | | 4. | For each writ, deprecate letter or challan of payment or deposit, up to 25 lines... | 1$00 | | | For each further line, they will be entitled to the writing charges. | | | 5. | On account of the copy of the attachment record for registration in the Land Registration Office, the clerk who has issued it shall receive the writing charges. | | | 6. | Of initials on any documents or writing, under rules... | $20 | | 7. | For each record of security or deposit of money... | 1$90 | | 8. | For manuscripts of the edicts and announcements, each... | $60 | | 9. | For each record of attachment effected in the premises of the office, besides writing charges... | 3$80 | | 10. | For each record of the attachment of the crops, produce and any other immovable, movable property or cattle, besides writing charges... | 7$50 | | 11. | For recording any work presided by the administrator, half of the fees due to this last officer and the writing charges and besides this he is also entitled to the travelling allowance when the work is performed outside the office premises. | | | 12. | For each charter of auction, upto 25 lines... | 3$80 | | | For each further line, they shall have right to the writing charges. | | | 13. | On account of the cost of the ordinary paper supplied by them, each folio... | $10 | Sole § The cost of the paper supplied for the copies of summons and copies shall be accounted on the basis of the declaration made in the respective certificate or records, with reference to the number of the papers which were supplied. | | | | | --- | --- | --- | | 14. | For each descriptive certificate or teor certificate based on any file of proceedings in his possession and the respective transcript, besides the writing charges.... | 1$00 | | 15. | Writing charges for each line of 30 letters, and the figures are to be counted as letters.... | $10 | | | When typed, each line.... | $10 | | 16. | On account of the travelling allowance, in the intimations notifications, attachments and any other action performed outside the office premises, upto 2 kms. for each kilometer or fraction.... | 1$50 | Sole § There can be no more than one travelling allowance on the same day and also in respect of the intimation and notification when they have been ordered under the same and one order though they might have been effected on different dates. Article 12. Bailiffs in the Recovery Section: ### 1. On account of the intimation and notification, half of the salary and of the travelling allowance as prescribed to the clerk of the proceedings in Nos. 1, 2 and 16 of the Article 11, and the provisions of the sub-paragraphs (a) , (b) and (c) of No. 2 of the said article are applicable to them and also the provision of No. 14 of the same article, in respect of the copies of the summons and copies given to the persons subjected to the intimations or notifications. | | | | --- | --- | | 2. | For sticking edicts, comprising the certificates of sticking written in the respective copies: | | | For the first edict.... | 2$80 | | | For each further edict stuck on the same subject.... | 1$40 | | 3. | For being present at the attachment.... | 3$80 | | 4. | For working as crier during any auction, each bid.... | 1$50 | | 5. | For arrests made on writ by the administrator, each person.... | 15$00 | ### 6. For the auctions which have not been specified in the preceeding numbers and where the bailiffs may be present in the company of administrator and the clerk, or in the company of the clerk alone, they will receive half of that which may belong to the clerks. Title II Comunidades Chapter I Clerk of comunidades ----------------------------------- Article 13. The clerk of the comunidades has right to the following fees: | | | | | --- | --- | --- | | 1. | For registration of any landed property in any Tombo.... | 2$30 | | 2. | For division and individualization of the foro each part of the property.... | $80 | | 3. | For calculation and certificate of redeeming the derrama.... | 1$50 | | 4. | For noting the burden of usufruct, attachment and the burdens on the shares or their profits and cancellation of the same burdens in the respective registers or in the current accounts books.... | $60 | | 5. | For attending inspections, surveys, collections of crops and assessment of damage and other similar works.... | 4$50 | | 6. | For investing provisional possession as the grantees of the emphteusis (aforamentos) , besides writing the record on account of which he will get writing charges.... | 4$50 | | 7. | For the record of carrying or depositing the produce of the properties and of thrashing the fields, besides the writing charges.... | 2$30 | | 8. | For the records of transfer, surety, damage and charge of the value not more than 150$00.... | 1$50 | | | When exceeds to 150$00.... | 3$00 | | 9. | For record or cession of the right (outorga) of the value not exceeding 150$00.... | 1$50 | | | When it exceeds, for each 150$00 or its fraction, further.... | 1$50 | | | This fee will be deducted from the amount which was transferred and from the title of the person who ceded his right. | | | 10. | For the ordinary records of reception, forwarding and submission, each one.... | $20 | | 11. | For the opening of the coffer out of the usual days, in the village.... | 3$00 | | | | | --- | --- | | Sole § When it is out of the village or in the Administration Office, besides transport, under article 16 of this table | 6$00 | ### 12. For intimation or notification, same as fixed to the Bailiff. ### 13. Search of books when they are not current books, same as in No. 13 of Article 7. ### 14. When it refers to the books earlier than the last 10 years, same as in the sub-paragraphs of No. 14 of Article 7 | | | | | --- | --- | --- | | 15. | Writing charges, each line of 30 letters.... | $10 | | 16. | For descriptive certificate, besides writing charges.... | 1$50 | | 17. | For certificate ofteor, besides writing charges.... | $80 | Recoveries Article 14. The clerk of the comunidade will receive: | | | | | --- | --- | --- | | 1. | For each current account, comprising the certificate written therein, besides the writing charges.... | 1$20 | | 2. | For attending the examination of the books and documents existing in the record-room of the comunidade, each day.... | 4$50 | | 3. | For each record of attachment, besides writing charges.... | 6$0 | ### 4. For intimation, notification, copy of the records, certificate opening of the coffers in the case of paragraph 1 of Article 615, besides the travelling allowances and writing charges when they are due, he will receive the same as fixed to him in the preceding article. ### 5. For acts in which he may intervene as clerk of the proceeding or as bailiff, he shall receive the fee corresponding to the functions and acts which he might have performed. Chapter II Experts and arbiters ------------------------------------ Article 15. The experts and the arbiters shall receive: | | | | | --- | --- | --- | | 1. | For each survey in order to acknowledge the need of works, their supervision and calculation of expenditure, besides the travelling allowance as per the provision of article 4.... | 13$50 | | 2. | For the examination of books, signatures, papers and other inspections, besides the travelling allowance counted from his residence and as per the provision of article 4.... | 13$50 | Sole § In case of qualified person, he shall receive the same as the administrator, except when he is the Director of P.W.D. or his deputy or other qualified officer who shall receive the daily allowance fixed in the official table, when their attendance is expressly prescribed in this Code, besides the travelling allowance under article I of this Table. When it is about inspection or handing over of works, the sum of fee and travelling allowance cannot be higher than two per cent of the value. Chapter III Members of the Managing Committee -------------------------------------------------- Article 16. It will be allowed to each member of the Managing Committee, besides the allowance fixed in the article 57 of this Code, the transport at 6$00 per each meeting and for each 5 kms. or their fraction, besides the first 5 kms., the total allowance being not to be more than 30$00. Sole § To the clerk, transport is not allowed when the meetings are held in the village not withstanding his residence is outside the same village. Chapter IV Attorney and key-holders ---------------------------------------- Article 17. Following fees belong to the Attorney: | | | | --- | --- | | For each inspection, survey, handing over and other acts of this kind, one day.... | 9$00 | | Continuing, for each further day.... | 4$00 | Article 18. Each key-holder is entitled, on account of the opening of the coffers at the request of parties, same fee as fixed for the meetings of the managing committee. Chapter V Staff of the cadastral survey -------------------------------------------- Article 19. The staff employed for cadastral survey shall have right to following remuneration: | | | | | --- | --- | --- | | 1. | To the surveyors for the field work, besides the transport both the ways, for the distance exceeding 5 kms., per day.... | 20$00 | | 2. | To the same, for indoors work, per day.... | 14$00 | | 3. | To the apprentice-surveyors, for the field work, per day.... | 13$00 | | 4. | To the same, for indoors work, per day.... | 9$00 | | 5. | To the draughtsmen, per day.... | 9$00 | | 6. | To the apprentice draughtsmen, per day.... | 8$00 | | 7. | To the measurers including the days of journey, per day, each one.... | 15$00 | | 8. | To informers, each one, per day.... | 9$00 | | 9. | To the Attorney of thecomunidadeor his representative, per day.... | 9$00 | | 10. | To the clerk of thecomunidade, per day.... | 7$00 | Chapter VI ------------ Article 20. The request of comunidades or their Attorneys for performing any work or to obtain any document shall be acceded to by the employees of the Administration or of the comunidades without payment of the fees on the spot and, at the end the looser party, when there is one, shall be adjudged responsible to their payment. Article 21. For calculating the travelling allowances, only the going journey shall be taken into account in all cases and, in no case, the travelling allowance shall be sanctioned from a distance superior to 15 kms. Sole § In all cases when there is a right to the travelling allowance, the number of the kilometers travelled up to the site of the work is to be indicated. Article 22. In the recovery proceedings, when the dues to be recovered are 150$00 to 300$00, half of the prescribed fees shall be allowed and, when the dues are less than that, one fourth of fees shall be allowed. Article 23. The accounting and collection of the ordinary fees is of the competence of the secretary to the Administration and they are to be recorded in the Register as referred to in the article 440. Article 24. In the certificates, certified copies and other sundry papers and also in the payment records written in the files of proceedings or in the books, the respective official shall mention the serial number of the entry of the receipt in the Register of ordinary fees, under the penalty of 30$00 of fine for every infringement of this rule. Article 25. At the end of each trimester it will be credited to the Pensioner's Fund the fees which were collected and in the entry recorded in the respective Cash-Book, mention will be made of the serial number of the entries in the Register of ordinary fees, corresponding to the amounts which are credited. Article 26. On the first opening of the safe which may follow the closing of the current accounts, the Comunidades clerk shall take from the safe the amount of the ordinary fees referred to in Nos. 20 and 21, article 7 of the Table, and of the zonns, dividends and other receipts payment of which is lapsed and, within the period of 8 days, he shall remit it to the Pensioner's Fund or its delegation in the Taluka, alongwith a detailed list of the receipts, in duplicate. The duplicate is to be returned to him after it is countersigned by the administrator and the Secretary. This duplicate shall be exhibited during the examination of the accounts in order to check its accuracy with the books. Article 27. It is forbidden to include in the ordinary estimates and in the estimates of urgent and extraordinary works conditions that it will be borne by the contractors the responses arising from the inspections to be made for supervising and handing over of the same works. Article 28. The fees of translation shall be regulated by the official rates. Article 29. The experts of the comunidades works who may intervene in any inspections or who may undertake journeys while in service shall be entitled only to be paid of the expenses with the transport as per the rules laid down in respect of the Government servants and the use of special transports is dependent of the authorisation by the Director of the Civil Administration except in the case of urgency and, in this case, the administrator is empowered to grant such an authorisation and he has to communicate this fact immediately to that Officer. Article 30. When the vehicles supplied by the comunidades are available to the Administration Offices, they shall not be entitled to travelling allowances. Article 31. The fees which are not received by the administrators and the officials of the Administration Offices, including the recovery clerks and comunidades clerks in view of the provision of the subparagraph (b) and (c), paragraph 1, article 153 of the Overseas Civil Services Statute, are to be reverted in favour of the General Treasury and this income is to be shown in the annual budgets. Sole § It is the duty of the administrators to see that the provision of this article is complied with in toto, in respect of the staff of the Administration Offices as well as in respect of the clerks. Model No. 4 (Article No. 125, No. 3) Ordinary budget of receipt and expenditure of the Administration of comunidades of taluka of .......... for the year 19.......\* | | | | | | | | --- | --- | --- | --- | --- | --- | | Sr. No. | Receipts | Amount | Sr. No. | Expenditure | Amount | | | Balance of the management of the previous years (for each year) | | | Of the accounts concerning previous years (for each item\*) | | | 1 | | .....$..... | 1 | | .....$..... | | 2 | | .....$..... | | Current | .....$..... | | 3 | Current | .....$..... | 2 | | .....$..... | | 4 | | .....$..... | 3 | | .....$..... | | 5 | | .....$..... | 4 | | .....$..... | | 6 | | .....$..... | 5 | | .....$..... | | 7 | | .....$..... | 6 | | .....$..... | | 8 | Occasional | .....$..... | 7 | | .....$..... | | 9 | | .....$..... | 8 | | .....$..... | | | Contribution of thecomunidade | .....$..... | 9 | | .....$..... | | | Total | .....$..... | 10 | | .....$..... | | | Quota of eachcomunidadewhich comprises, in terms of Article 125, No. 3 of this Code, is as follows: | | 11 | | .....$..... | | | 12 | | .....$..... | | | | Occasional | | | | Communidadeof Adsulim | .....$..... | 13 | | .....$..... | | | Comunidadeof Aquem | .....$..... | 14 | | .....$..... | | | Comunidadeof Arossim | .....$..... | 15 | | .....$..... | | | Comunidadeof Benaulim | .....$..... | | | .....$..... | | | Total | .....$..... | | Total | .....$..... | Sd/- The Secretary to the Administration of the comunidades. Model No. 5 Table of the movement of the shares of the comunidades of ............... Taluka effected from the date of their issue upto 31st December, 19.......... | | | | | | --- | --- | --- | --- | | Communinades | Movement which took place for the issue upto 31stDecember 19.... | Movement of the year 19.... | Total | | Notes of Transfer | Note of Burden | Notes of Transfer | Note of Burden | Notes of Transfer | Note of Burden | | Number of Notes | No. of respective titles | Number of Notes | No. of respective titles | Number of Notes | No. of respective titles | Number of Notes | No. of respective titles | Total number of Notes | Total No. of respective titles | Total number of Notes | Total No. of respective titles | | ..............................Total.. | | | | | | | | | | | | | Administration of the comunidades of .............. at ........... 19...... Sd/- The administrator of comunidades of ............. Model No. 6 (Article 545) Record of primary enrolment of zonnkar No. 1 On this .... of May, 19 ... in this village of ..... and in the premises of the respective Comunidade, before me and (name) ......... clerk and attorney of the said comunidade, there appeared (name) ......... resident of ....... (personally or through his representative: father, mother, guardian, attorney) and he exhibited the certificate of the Parish Register (or Civil Register, order of the administrator on the appeal against the refusal of the Administrative Tribunal, copy of the judical decision), issued on ............. of the current year and I ascertained its authenticity and it shows that the said (name) ............. is legitimate (legitimized, adopted) son of the "gaonkar" (or what he is) name .......... of ........ "vangor" in the order of precedence and that his age is ...... completed years (and he is unmarried or married), as required by the respective "institute": and, consequently, we enrol him as zonnkar of this comunidade in the class of "Gaonkar" (culacharim, vantelo zonnkar or what he is) in order to enjoy all the rights and to be subject to all the duties which, in that capacity, belong to him. The document (or the documents) which had been exhibited is filed in bundle No. ...... In faith whereof, this is made and it is signed by the said (name) (or by his representative), by the attorney of the comunidade and by me, clerk, who wrote it ........... (Signature of the party) ......... Attorney of the comunidade .......... Clerk of the comunidade N.B.: If the enrolment was effected because the claimant comes under the provision of article 184 or article 185, it will be stated whether the person is a son, widow or daughter of the deceased zonnkar and also the provision of the Code and the documents on which ground the same person was enrolled. Model No. 7 (Article 103, paragraph 4) Enrolment of the zonnkars of the comunidade of .................. in the year 19.... | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Roll No. | Date 1960 | Name of the zonnkar | Residence | Age in completed years | Class and "Vangor" to which he belongs | No. of the entry and folio of the book where it is recorded | In view of which document he was enrolled | Remarks | | 1 | 01/05/01 | Joao Jose Borges | Arpora | 27 | "Gauncar" of 3rd "Vangor" | 59, f. 18 | Certificate of the parish priest | | | 2 | 01/05/07 | Victor Manuel de Sa | Chorao | 18 | "Culacharim" | 63, f. 24 | Appeared in person | | | 3 | 01/05/22 | Pedro de Ataide | Raia | 59 | "Gauncar" of 7th "Vangor" | 12, fl. 3 | Certificate of administrator of communidade | | | 4 | 01/05/31 | Miguel de Souza | Azossim | 22 | "zonnkar" | 27, f. 9 | Certificate of the Taluka administrator or Regedor, etc. | | This roll is closed, after the enrolment of four zonnkars who proved their existence within the period prescribed by the Code of Comunidades. ### 1st. May, 19...../............... Attorney of the Comunidade. Sd/- Clerk of the comunidade Remarks When the zonnkar is entitled only to a part of the profits, this being the year of his enrolment, this circumstance would be stated in the column of the remarks, opposite the respective name. When the zonnkar is registered for receiving the profits of the respective year and of any of the last ten years, this should be mentioned in the said column of remarks with the specification of the said year. When the registration of the widow or of the unmarried daughter is made consequent upon the provision of article 185 of the present Code, this should be mentioned in that column, stating the tença or the jono she has to service. Table No. 8 (Article 1, para. 3) Of the transferable shares of the comunidades of Tiswadi, Salcetc, Bardez, Mormugao and Ponda with the indication of the modality about apportioning the respective income of the association and of fixing the annual dividend. Tiswadi Azossim. - Multiply the number of zonns (personal and of the Saints) by 56(\*) (2 of "culacharins" and 4 of widows of "gaonkars" should be taken as 1); to the product the number of the shares (300) is to be added and by this sum the net income will be divided. The quotient will indicate what pertains to each share and, the multiplication of this quotient by 56 will indicate what pertains to the zonns of the Saints. One half of the amount of this zonn (of the Saints) will be the dividend of the zonn of culacharins or their orphans and one fourth will be the dividend of the zonn of the widows of the "gaonkars". The income of the "namoxins" will be divided by the "gaonkars" zonnkars and this quotient added to the zonn of the saints (which is the product of the multiplication of 56 by that which pertains to each share) will be the dividend of one zonn of "gaonkar" or of their orphans - 300. Bambolim. - The net income will be divided by 1000 shares and the quotient will show what pertains to each share. The product of 697 shares is to be distributed among the number of the "gaunkars" zonnkars and their widows; the product of 249 shares is to be distributed among the number of "culacharins" and their widows and the product of the remaining 54 shares (transferable) will be alloted to the shareholders according to the number of shares possessed by them - 1000. Batim. - After the net income is calculated, with the exclusion of the income of "namoxins" and of the fields of "honra" e "coita" one forty eighth will show what pertains to each share of "tangas". The number of the personal zonns of "gaonkar" as well as "culacharins" will be multiplied by 53 (\*) (taking the zonns of 2 male orphans or of 4 female orphans or widows as one) and to the product, the number of the shares of zonn (273) will be added and also will be added 73 shares proceeding from the fractions of the number of the zonnkars of 1881 pertaining to their group, by this sum, of the net income will be divided. The quotient will show what pertains to the share of "jono" and multiplying the same quotient by 53 and adding to its product the quota of the said 73 shares of the group of the zonnkars (obtained by the division of their profits by the number of the zonnkars in the same proportion as that under which they might have received their zonns) the resulting sum will indicate what pertains to the zonn of "culacharins". The sum resulting from the addition of the zonn of "culacharins" to the quota of the income of "nomoxim" and of the fields of "honra e coita" will indicate what pertains to the zonn of "gaonkar". The dividend corresponding to 91 shares taken for rounding the number will be added to 17/48 ths of the net income of the next year - 400. Calapur. - The number of the personal zonns (taking those of 3 widows as one) will be multiplied by 9 (\*); to the product, the number of shares (200) will be added and also will be added 355 shares proceeding from the fractions of the number of the zonnkars of 1881 belonging to the group of zonnkars and the net income will be divided by that sum. The quotient will indicate what pertains to each share and the sum of the product of the multiplication of the same quotient by 9 with the quota of the said 355 shares of the group of "zonnkars" (obtained by dividing the income of the same shares by the number of zonns) will indicate what pertains to the zonn, and further adding to this last amount the quotient of the division of the income of "covados", in accordance with the respective "vangor" or group, this will be the dividend of the zonn of different "vangor" - 200. Carambolim. - Multiply the number of personal zonns by 131 (\*) (taking 2 of the "gaonkars" of half zonn, 4 of unmarried daughters or widows as one), add to the product the number of the shares (100) and also 247 shares proceeding from the fractions of the number of zonnkars of 1881, belonging to this group; and for this sum shall be divided the net income. The quotient will indicate what pertains to the share and multiplying the same quotient by 131 and adding to its product the quota of 246 shares of the group of zonnkars (obtained by dividing the income of the same shares by the number of zonnkars in the same proportion as under which they receive their zonns) the resulting sum will indicate what pertains to the zonn of "gaonkar" or to the zonn of his orphan - 100. Chorao. - Calculate the net income by separating in the account sheet 506$20, 4 for the "tenças" (annuities) of "gaonkars" and of shareholders 163$30 for 35 shares of rounding, and 4.881, 2 for shares of "tangas brancas", as 90 were expropriated by the payment of the indivisible remainder (20$20) to the Government Treasury, distribute the net income to the zonnkars in the same proportion as their profits. The income of nomoxins, after deduction of the proper expenses, added to 271$00 of the "tença" of the "gaonkars" will be distributed only to the "gaonkars" who will be paid this amount on account of the "tença".The remaining amount of "tencas" (235$30) as 37$90 were expropriated by the payment of (947$40) arising from the indivisible remainder the remaining amount of the "tenças" (235$30) added to 163$30 and 4.881$70 (Total 5.280$10) is to be divided by the number of the shares (1.100). The quotient will indicate what pertains to each share. The product of 34 shares taken for rounding will be carried as income in the accounts of the next year - 1.100. Corlim. - Multiply the number of personal zonn by 27 (\*) (taking 4 zonns of widows or orphan daughters as 1) and add to its product the number of shares (100) and more 27 proceeding from the fractions of the number of the zonnkars of 1881, belonging to their group; Divide by this sum the net income and the quotient will indicate what pertains to each share; and multiplying the same quotient by 27 and by adding to that product the quota of the said 27 shares of the group of zonnkars (obtained by dividing the profits of the same by the number of zonnkars) the result will indicate what belongs to the zonn of "gaonkar" or to his orphan children - 100. Gancim. - Multiply the number of the personal zonns by 357(\*) (taking the zonns of 4 widows as one); add to the product the number of the shares (2800) and divide by this sum the net income. The quotient will indicate what pertains to each share; and by multiplying the same quotient by 357 the product will indicate what pertains to the personal zonn - 2.800. Goa Velha. - The net income is to be divided by the number of the shares (4300) ; and the quotient will indicate what pertains to each share - 300. Goalim-Moula : - The net income shall be divided by the number of shares (300) , and the quotient shall indicate what pertains to each share - 300. Goltim. - Calculate the net income by separating 1.442$70 in the accounts sheet; divide this amount by the number of the shares (300) alloting in favour of the Government Treasury that which corresponds to 270 shares; and the dividend of 30 shares will be carried forward to the income of the next year. Distribute the net income among the number of the zonnkars - 300. Jua. - Multiply the number of the personal zonns by 8(\*) (considering 4 zonns of the widows or of the orphan daughters as one) and add to its product the number of the shares (100) and also 119 shares proceeding from the fractions of the number of the zonnkars of 1881 belonging to their group; by this sum divide the net income. The quotient will indicate what pertains to each share; and by multiplying the same quotient by 8 and adding to the product the quota of the said 119 shares of the group of the zonnkars (obtained after dividing their income by the number of zonnkars in the same proportion as under which they receive their zonns), it will indicate what pertains to each personal "zonn" -100. Mandur. - Multiply the number of personal zonns by 30(\*); add to the product the number of the shares (100) and divide by this sum the net income. The quotient will indicate what belongs to the share and the multiplication of the same quotient by 30 will indicate what pertains to the personal zonn. Malar. - Calculate the net income and take aside in the account sheet 1.446$00; Divide this sum among the number of the shares (300) alloting to the Government Treasury that which corresponds to 229 shares; and the dividend of 71 shares will be carried forward as income in the next year. The net income will be distributed by the number of the zonnkars in the usual fashion - 300. Mercurim. - The number of the personal zonns will be multiplied by 4(\*) (taking the zonns of 4 widows as one) and add to the product the number of the shares (100) and also 54 shares proceeding from the fractions of the number of the zonnkars of 1881 belonging to their group. By this sum divide the net income. The quotient will show what belongs to each share; and the product of the multiplication of the same quotient by 4, added to the quota of the said 54 shares of the group of the zonnkars (obtained by dividing the profits of the same by the number of the zonnkars) in the same proportion as under which they receive their zonns will indicate what pertains to each personal zonn - 100. Murda. - The net income will be divided by the number of the shares (3.700) and the quotient will indicate what pertains to each share - 3.700. Naroa. - Calculate the net income and take aside in the account sheet the sum of 183$40. Allot this sum to the Government Treasury on account of the 38 non-transferable shares of invariable income. Next, multiply the number of the personal zonns by 19(\*) taking as one share 4 of the widows or of the unmarried daughters; and add to the product the number of the transferable shares (62) and also 5 shares proceeding from the fractions of the number of the zonnkars of 1881 belonging to their group. By this sum divide the net income. The quotient will indicate what pertains to each share. And multiplying the same quotient by 19 and adding to the product the quota of the said 5 shares of the group of the zonnkars (obtained by dividing the profits of the same shares by the number of the zonnkars in the same proportion as under which they receive their zonn) the resulting sum will indicate what pertains to each personal zonn - 100. Navelim. - Calculate the net income taking aside in the account sheet the sum of 2.106$30. Allot this sum to the Government Treasury on account of the 439 non-transferable shares of invariable income. Next, multiply the number of the personal zonns by 16(\*) (taking 2 of "culacharins" as one share) add to the product the number of the transferable shares (61) and also 8 shares proceeding from the fractions of the number of the zonnkars of 1881 belonging to their group. By this sum the net income will be divided. The quotient will indicate what belongs to each share; and multiplying the same quotient by 16 and adding to the product the quota of the dividends of the said 8 shares of the group of the zonnkars and the net income of the "namoxins" (obtained by dividing their income by the number of the zonnkars in the same proportions as under which they receive their zonn) the result will indicate what pertains to each zonn of "gaonkar" or to each zonn of their orphans. Half of that which belongs to the zonn of "gaoncar" (excluding the quota of the "namoxins") will be the dividend of the zonn of the "culacharins" or his orphans -500. Neura-o-Grande. - The net income of the fields of the comunidade excluding the properties known as "namoxins de Tomas Coelho Peres" and also those of the four enclosed associations will be divided by 19121 shares and the quotient will indicate what pertains to each share. The produce of the 4375 shares of the group of the "gaonkars" zonnkars added to the income of "namoxins" and to the produce of two thirds of the clerks' office will be distributed equally among the number of the zonnkars and of the orphans existing at the time of the death of the "gaonkar". The produce of the shares taken for rounding will be carried forward to the income of the next year - 19300. Enclosed associations of "adverica", "vanvans" of Gopala Sinai, Sinani and clerk's office As for the adverica, deducting only what is necessary for the payment of half per cent. of the rent of the field (Adverica) belonging exclusively to the group of the shareholders of the same, the remainder will indicate what belongs to each share of the adverica. As for the vanvans, the rent of their fields, after deducting only half per cent. is to be divided into three parts, one to be applied to the group of the shareholders of Gopala Sinai in the proportion of their shares, the second in the same manner to those of Sinani, and the third will be divided again into three parts, applying one of them to the shareholders of the clerk's office, and the other two to the group of the zonnkars of the main comunidade. Renovadim. - The net income is to be divided by the number of the shares (1.000) and the quotient will indicate what pertains to each share; its dividend will be allotted to the shareholders according to their number of shares without any more right to receive the paddy as it is done now, because its price was included in the value of the share - 1.000. Siridao. - The deficit or the surplus of this comunidade will be divided by the number of the shares (200) and the quotient will indicate what pertains to each share - 200. Telaulim de Santana. - As there are in this comunidade two different fields, one belonging exclusively to the zonnkars and other to the shareholders, the net income of each group will be calculated separately. After one third is separated from the income of the group of zonnkars, the remaining two thirds are to be divided by the number of the zonnkars and the quotient will indicate what pertains to each zonn. One third of the net income of the group of zonnkars added to the rent of the field of the shareholders and to the sum of the limited quit-rents (foros limitados) belonging to this group constitutes the income of the group of the shareholders. From this, after deduction of the proportional allowance (derrama) to the Agrarian Chamber, the allowance of the receiver (sacadoria), the derrama of "melaga" and the salary of the servant (only expenses to which the shareholders are liable), the net rent will be divided by the number of the shares (1600) and the quotient will indicate what pertains to each share - 1600. Taleigao. - After the net income is calculated, it will be divided by the personal zonns of the "gaonkars" and their widows (considering zonns of 2 widows as one) and by 5 zonns (of honour and precedence); the proceeds of these 5 zonns will be separated from the said income and the remainder will be divided by 4. One fourth, added to the one fourth of the expenditure effected in respect of the burials, will be deducted from the amount to be divided and the remainder, added to the said proceeds of 5 zonns will be the amount to be divided for the zonns of the "gaonkars", their widows and for 5 zonns and therefore, the same amount will be distributed among them in the same proportion as under which they receive their zonns. To the first zonn of honour, 28$30 will be added and it will be allotted in the usual form and the produce of the other 4 (transferable) will be divided among the 100 shares of zonns. The dividend corresponding to 24 shares taken for its rounding will be added, in the next year, to the proceeds of the said 4 zonns before the distribution is effected. Next, the number of the personal zonns of "culacharins" will be multiplied by 6(\*) and the number of the shares of "tangas" (600) will be added to the product, by this sum, the said fourth part of the net income brought together with the forth part of the burials, will be divided and the quotient will indicate what belongs to each share and the product of the multiplication of the same quotient by 6 will indicate what pertains to the zonn of "culacharin" - 700. Association of Passo de Ambarim. - Calculate the net income by separating in the accounts sheet 566$72; divide this amount by the number of the shares and the dividend of the 90 shares will be carried forward to the next year. The net income will be divided among the zonnkars - 100. (\*)this number is of the shares corresponding to the zonns. Salsete Adsulim. - It has got 100 shares. The dividend of each share will be calculated by dividing the sum to be distributed or the dividend as fixed in the annual statement by the said number of shares. Ambelim. - It has got 16.750 shares. Aquem. - It has got 2400 shares. The dividend of each share will be calculated by dividing the dividend fixed in the annual statement by the said number of shares. Assolna. - It has got 20.000 shares (a) . Benaulim. - It has got 11.700 shares. It has got also members with right to personal zonn of three different classes, namely: "gaoncars", natives and "zonnkars". To all these three classes are belonging 2899 shares registered as of the group of zonnkars. To the class of "gaonkars", besides this, belongs the "Vangorbarnim", amounting into 17$. The personal zonn of the 3rd class zonnkars is equivalent to 4 shares plus the quota of 246 shares, both taken from the said 2899 so that they may form their separate group. The zonn of 1st and 2nd class ("gaonkars" and natives) is equivalent to the quota of the remaining shares after deducting from the said 2899 shares those which were allotted to the zonnkars of the 3rd class. But, during the division between them, the "gaonkar" will be separated as one unit and the natives as half unit. Further, it belongs to the "gaonkars" the quota of the said "Vangorbarnim", by dividing it among the "vangors" and by dividing per capita the quota pertaining to each "vangors" among the respective "gaonkars". In view of this, division will be effected among all the members shareholders, "gaonkars", and natives, in the following manner: From the sum to be distributed or from the dividend fixed in the annual account sheet, before any other thing is done, 17$ of "Vangorbarnim" will be kept aside and the remainder will be divided by 11.700. The quotient will indicate the dividend corresponding to each share. When the dividend to be allotted to each share is thus calculated, the gains will be calculated of the zonns of the classes, zonnkars, natives and "gaonkars". Multiply by 4 the number of the zonnkars of the 3rd class enrolled during the year. Add to the product, 246 shares belonging only to this group and the sum will show the number of the shares, the dividend of which is to be divided among the enrolled members of this class. The quotient of this dividend, divided per capita among the enrolled zonnkars, will indicate the gains of the zonn of the class of the zonnkars. The number of the "gaonkars" enrolled during the year will be multiplied by 2, and by adding to the product the number of the natives enrolled in the same year, the divisor which will divide the dividend of the shares will be found. These shares are those which remain out of the group of the said 2899 after deducting from them those which were allotted in the preceding calculation in favour of the zonnkars of the 3rd class. The gains of the zonn of the "gaonkars" will be twice than those of the natives, besides the quota of 17$ of "Vangorbarnim" after its division among the 9 "vangors" which from the comunidade. This quota of each "vangor" will be sub-divided per capita among the enrolled "gaonkars" of the respective "vangor". Betalbatim. - It has got 5.400 shares. The dividend of each share will be calculated by dividing the dividend fixed in the annual accounts sheet for the said number of shares. Calata. - It has got 1,300 shares. The dividend of each share will be calculated by dividing the sum to be distributed or the dividend fixed in the annual accounts sheet by the said number of shares. Camorlim. - It has got 700 shares and also members known as "gaonkars" with right to the personal zonn. The zonn of the "gaonkars" is equivalent to 9 shares, plus the quota of 152 shares belonging to the group of the zonnkars. Taking this into consideration, the first thing that will be done is to calculate the divisor in the following manner: The number of the "gaonkars" enrolled during the year, will be multiplied by 9 and 700 shares will be added to the product; this sum will indicate the divisor of the respective year. After this is done, the sum marked for distribution or the dividend fixed in the annual accounts sheet will be divided by this division. The resulting quotient will be the dividend which pertains to each share in the respective year; and the gains of the personal zonn of the "gaonkars" will be the product of the same quotient multiplied by 9, added to the quota corresponding to the dividend of 152 shares of the group of the zonnkars. This quota will be found by dividing the same dividend of 152 shares by the number of the enrolled "gaonkars", in the respective year. Cana. - It has got 100 shares. The dividend of each share will be calculated by dividing the amount earmarked for distribution or the annual dividend fixed in the accounts sheet by the said number of shares. Carmona. - It has got 6300 shares. The dividend of each share will be calculated by dividing the dividend fixed in the accounts sheet by the said number of shares. Cavelossim. - It has got 900 shares and also members known as "gaonkars", with right to personal zonn or the share of "vangor". The share of "vangor" is composed of 11 shares assigned to the group of the zonnkars. In view of this, division will be effected of the dividend fixed in the annual accounts sheet by 900 which is the number of the shares and the dividend will indicate what pertains to each share in the respective year. The dividend of the 11 shares of the share of "vangor" will be divided among the 10 "vangors" composing the comunidade and the quota which pertains to each "vangor" will be sub-divided per capita among the enrolled "gaonkars" of the respective "vangor". The result will be that which pertains to the "zonn" of each member of this class. Cavorim. - It has got 3500 shares. The dividend of each share is calculated by dividing by the number of the shares the general dividend fixed in the annual accounts sheet, after deduction of the net income of the following fields: ### 1. Quepo of the zonns of the "gaonkars"; ### 2. Coli; ### 3. Canteiro de Coli; ### 4. Setmeamoroda; ### 5. Cumbleantanco of zonns; ### 6. Camorantanco of zonns; ### 7. Cumbleamoroda of zonn" do 1st "lanco"; ### 8. Cumbleamoroda of zonns do 2nd "lanco"; ### 9. Cotomoroda of zonns. This comunidade has got also members known as "gaonkars" with right to the personal zonn and it belongs to them the exclusive income of the preceding fields, less 62$50. Payable to the master (mordomo) of the feast of Our Lady of Belem and St. Anthony is to be considered as a zonnkar. The profit of each zonns will be calculated by dividing the said net income by the number of the "gaonkars" enrolled in the same year, increased by one (Santo Antonio), after deducting from the said net income the said 62$50. Chandor. - If has got 2400 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares. Chinchinim. - It has got 6.500 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares. Colva. - It has got 2600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares. Curtorim. - It has got 22,000 shares and it has got also members known as "gaonkars", zonnkars, "vadicares" and "zonnkars-escrivães", with right to the personal zonn. The zonn of the "gaonkars", zonnkars and "vadicares" is equivalent to all shares plus the quota of 52 shares of the general group of the zonnkars. The zonn of the "zonnkars-escrivães" is equal to that of the others. However, from it, it is deducted the quota corresponding to one zonn which is not paid to the zonnkars of this class. In view of this, the first thing to do is to calculate the annual divisor in the following manner: Multiply the number of the "gaonkars", zonnkars, "vadicares" and "zonnkars-escrivães" enrolled during the year by 11; from the product, deduct 11 and also the quotient of the division of 52 by the number of the said enrolled members and add to the remainder 22.900 shares. The sum will indicate the divisor of the respective year. When this is done, the general dividend fixed in the annual accounts sheet will be divided by the said divisor. The resulting quotient will be the dividend which pertains to each share in the respective year. The gains of the zonns of the "gaonkars", zonnkars and "vadicares" will be the product of the multiplication of the same quotient by 11, added by the quota corresponding to the dividend of the 52 shares of the group of zonnkars. This quota will be calculated by dividing the dividend of the 52 shares by the number of the enrolled "gaonkars", zonnkars, "vadicares" and "zonnkars-escrivães". For calculating the gains pertaining to the zonns of the "zonnkars-escrivães", gains of all the zonns; calculated in the above form, belonging to the enrolled "zonnkars-escrivães", less one, will be summed up and this sum will be divided among all the enrolled "zonnkars-escrivães", and the quotient will be the gains of the zonn pertaining to the "zonnkars-escrivães". Davorlim. - It has got 2,900 shares. The dividend of each share will be calculated by dividing the general dividend as calculated in the annual accounts sheet by the said number of the shares. Deussua. - It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend as calculated in the annual accounts sheet by the said number of the shares. Dicarpale. - It has got 1,800 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Duncolim. - It has got 2,300 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Dramapur. - It has got 3,400 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Gandaulim. - It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Gonsua. - It has got 300 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Guirdolim. - It has got 7.700 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares. Loutulim. -It has got 4.300 shares and also members known as "gaonkars" and zonnkars, with right to the personal zonn and also "vantelos" with right to 4 zonns only. The zonn of the "gaonkars" and zonnkars is equivalent to 10 shares plus the quota of 238 shares of the general group of the zonnkars, except in the first year when it falls due and then it is equal to one half. The 4 zonns of the "vantelos" are equal to those of the "gaonkars" and zonnkars, but is paid fully even in the first year. In view of this, the first thing to do is to calculate the annual division in the following manner: The number of the enrolled "gaonkars" and zonnkars is to be multiplied by 10, considering in this calculation as half unit those who have been enrolled to receive first time their gains; 40 shares to be applied to the 4 "zonnkars-escrivães", of "vantelos" plus 4300 shares will be added to the said product and the sum will indicate the divisor of the respective year. When this is done, the general dividend fixed in the annual accounts sheet will be divided by the said divisor. The quotient of this divisor will be the dividend pertaining to each share in the respective year. The gains of the zonn of the "gaonkars", zonnkars and of each of the 4 zonns of "vantelos" will be equal to the product of the same quotient multiplied by 10, added by the quota corresponding to the dividend of 238 shares of the group of the zonnkars. This quota will be calculated by dividing the total of the same dividend concerning 238 shares by the number of the "gaonkars" and zonnkars, enrolled during the year, to which the 4 "vantelos" who might have been enrolled will be added. The gains to be paid to the enrolled "gaonkars" and zonnkars, when first time they fall due, will be equal to one half of those which belong to others. This is to say that they will be equal to the product of the said quotient multiplied by 5 plus the quota corresponding to the dividend of 238 shares of the group of zonnkars, which, while it is being apportioned, will be taken as half unit. Macasana. - It has got 7700 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Majorda. - It has got 6200 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Margao. - It has got 29.300 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Nagoa. - It has got 5.600 shares and also members known as "gaonkars" and zonnkars with right to the personal zonn. The zonn of the "gaonkars" and zonnkars is equivalent to 10 shares plus the quota of 3 shares of the general group of the zonnkars. The "gaonkars", besides the said zonn, receive mainly the net income of the properties listed below. In view of this, in the first place, the annual divisor shall be calculated in the following manner: The number of the enrolled "gaonkars" is to be multiplied by 10, plus 5600 shares shall be added to the said product and the sum will indicate the divisor of the respective year. When this is done, the profits shall be divided by separating in the first place, the net income of the aforesaid properties from the amount to be distributed or that of the general dividend fixed in the annual accounts sheet, and the remaining shall be divided by the said divisor in the manner laid down above. The quotient of this division will be the dividend pertaining to each share in the respective year. The gains of the zonn of the "gaonkars" will be the product of the said quotient and multiplied by 10, added by the quota corresponding to the dividend of 3 shares of the general group of zonnkars. This quota will be calculated by dividing the total of the same dividend of 3 shares by the number of "gaonkars" and zonnkars enrolled in the respective year. The quota of net income of the aforesaid properties shall be added to the gains of the zonn of "gaonkars". This quota shall be fixed by dividing that income, per head, among the enrolled "gaonkars". Properties, the net income whereof is exclusively received by the gaonkars are:- ### 1st. Azolto ### 2nd. Gorbata of the carpenters ### 3rd. Tolloy and coconut grove of the shoemakers ### 4th. Onarbata ### 5th. Capoty and coconut grove of the blacksmith. Orlim. - It has got 3100 shares. The dividend of each share shall be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Raia. - It has got 5400 shares and also members known as "gaonkars", "gentios" grade 1, "gentios" grade 2 and "vantelos" with right to personal zonn. The zonn of the "gaonkars" and of the zonnkars of the remaining three chasses is equivalent to 28 shares plus the quota of 136 shares of the general group of zonnkars. The "gaonkars" are subject to annual tax, named "navim", which consists of $10 per head and the zonnkars of the other three classes to $05 per head. This tax shall constitute the income of the comunidade and it shall be divided by the general number. In view of this, in the first place, the annual divisor shall be calculated in the following manner:- The number of the "gaonkars" and zonnkars of the other three classes enrolled in the said year, is to be multiplied by 28, plus 5400 shares shall be added to the said product and the sum will indicate the divisor of the respective year. When this is done, the amount to be distributed or the general dividend fixed in the annual accounts sheet, shall be divided by the said divisor. The quotient of this divisor will be the dividend pertaining to each share in the respective year and the gains of the personal zonn of the aforesaid four classes will be the product of the said quotient multiplied by 28, added by the quota corresponding to the dividend of 136 shares of the general group of zonnkars. This quota will be calculated by dividing the same dividend of 136 shares by the number of "gaonkars" and zonnkars of the other three classes enrolled in the respective year. After paying the gains, calculated in the aforesaid manner, to "gaonkars" and other zonnkars the tax "navim" described above, shall be computed. Sarzora. - It has got 3600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Seraulim. - It has got 4400 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Sernabatim. - It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Sirlim. - It has got 1800 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Telaulim. - It has got 3400 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Utorda. - It has got 3700 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Vanelim: - It has got 400 shares. The dividend of each share will be calculated by dividing the amount to be distributed i.e. the general dividend fixed in the annual accounts sheet by the said number of shares. Varca. -It has got 8000 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares. Velim. - It has got 41,650 shares. Verna. - It has got 9200 shares and also members known as "gaonkares", with right to personal zonn or "vangor parte". The "vangor parte" consists in invariable amount of 135$90. Besides the member, "gaonkars" receive on account of title of gain of "servidores", the net income of the properties listed below and the dividends of 5 shares of the "servidores" carpenters. So, the aforesaid amount of 135$90, of "vangor", and the net income of the properties mentioned below shall be separated from the amount to be distributed or from the general dividend that may be fixed in the annual accounts sheet and the remaining shall be divided by 9200 shares, the quotient will be the dividend of each share. The amount of "vangor parte" and the income of the aforesaid properties shall be added to the dividend of the said 5 shares of "servidores carpinteiros" and the sum will be divided by 25 "vangores" of which at present, the comunidade is composed, the quota of each "vangor" shall be sub-divided "per stirpes" by "gaonkars" enrolled in the respective year, and the quotient will indicate the gains that as title of "vangor parte" and gain of the "servidores" belong to the gaonkars. The following are the properties, the net income whereof, is exclusively distributed among "gaonkars":- ### 1st. Coconut grove Chamarbata; ### 2nd. Field Chamarpato; ### 3rd. Field Namoxim of Carpinteiros of 2 varieties; ### 4th. Field Namoxim of Carpinteiros of one variety situated in the lagoon. Bardez Aldona. - As regards to comunidade "Boa Esperança" it is regulated by the statutes approved by Provincial Portaria No. 456 dated 5th May, 1925 and relating to the "Fraternal" comunidade by the statutes approved by Provincial Portaria No. 559 dated 9th June, 1925. Anjuna. - The net income shall belong to the zonnkars and share holders (Accionistas) . The first ones, in case they are brahmins, shall receive zonn after completing 12 years, and being of other classes, after 15 years. In future the distribution shall be made in the following manner:- The figure 387, which is of old "annas", shall be added to the number of zonnkars and the total will represent the divisor of the excess amount and its quotient will be the gain of each zonn. Then, after deducting the amount of all the gains from the excess amount, the remaining will be divided by new shares, the number whereof is 2300. Arpora. - The net income will be divided by 400 shares. Assagao. - Divide one half of the excess or surplus amount (Sobras) plus 568$00 of the other half by whole zonns and half zonns. The zonnkars will receive the gains after they are 12 years old. Each one of the orphans will be given half zonn, except in case where there is more than one brother, in which case the youngest one will be entitled to the whole zonn. Assonora. - The distribution of the net income will be done by whole zonns and half zonns, whole zonn to each member after 11 years; and half zonn to each orphan, except in case where there is more than one brother because in this case the youngest brother will receive whole zonn. Bastora. - The excess amount is divided by whole zonn and half zonns, whole zonn to each member after 15 years; and half zonn to each orphan save in case where there are two or more brothers, because in this case the youngest brother will be given the whole zonn. Calangute. - The net income is distributed by 2600 shares. Camorlim. - The excess amount is divided by 1000 shares, save, however, the right of "gaonkars", having 12 years to distribute by zonns. The incomes of the properties Lailasod Cason and Matos, after deducting the amount of 106$30 in favour of the group of shareholder and that of expenditure of respective bunds and sluice-gates etc. Canca. - The distribution of the net income will be made between the zonnkars and shareholders, taking by rule that the zonn is equivalent to 20 shares. The number of shares is 100. The age for receiving the zonn is of 14 years. Candolim. - Divide the excess amount or surplus by 2700 shares. Colvale. - The net income is distributed by whole zonns and half zonns. The whole zonn is due to each "gaonkar" having 15 years and to each "culacharin" having 18 years. Where the orphan is the only son or the youngest among the brothers, he is entitled to whole zonn. Half zonn is given to each one of other orphans. Corlim. - One of the nine properties (cuntos) situated in the village belong to the comunidade and the other to various landlords, but they are subject to sharing the deficit of the same association. The net income of the communal "cunto" is to be divided into 9 equal quotas, out of which one is to be distributed by zonns to "gaonkars" having more than 35 years and the remaining eight by 200 shares. Cunchelim. - Distribute the excess amount by 300 shares. Guirim. - The net income is to be divided by whole zonns and half zonns; whole zonn to each member after 12 years and half zonn to each one of their orphans except when there are two or more brothers in which case the youngest will recieve whole zonn. Mapusa. - Distribute the excess amount by whole and half zonn; whole zonn to each "gaonkar" after 14 years and to "culacharins" after 17 years; and half zonn to each one of their orphans, and where there is more than one brother, the youngest is given whole zonn. Marna. - The net rent is divided by zonns to each member after having 14 years. Before this age, zonn is also given exceptionally to the youngest of their orphan brothers. Marra. - Distribute the excess amount by 100 shares. Moira. - The net income is divided by whole zonns and its fractions. Each member will receive it after 17 years. Whole zonn will be given to "gaonkars", three fourths to "calvacares" and half zonns to "culacharins". Before this age, the orphan is also given whole zonn where he as the only son of the "gaonkar" or where he is the eldest among the brothers. Each one of the orphans of any of the three groups receive half zonn. Nachinola. - The excess amounts are distributed by whole zonns and half zonns; half zonn to each member "sudra", whole zonn to each one of other classes after attaining 15 years. The orphans also receive zonns. The eldest among the brothers will receive the amount that would be received by his father, and others will receive half according to the quota of the respective group. Nadora. - The net rent is divided by whole zonns and half zonns. The members receive half zonn after 12 years and whole zonn after 15 years. Before this, each one of the orphans receive half zonn, except where there is more than one brother in which case the youngest is entitled to whole zonn. Nagoa:- The net income is to be divided by 1200 shares. Nerul. - Distribute the excess amount by 4000 shares. Qlaulim. - The net rent is divided by whole zonns and half zonns. The members will receive whole zonns after 11 years. Where there are orphan brothers, each one will receive half zonn; but if he is alone, he is entitled to whole zonn. Oxel. - The work will be distributed by the zonns and its eighths. Each member is entitled to whole zonn after completing 12 years. In case any member dies leaving behind minor sons of that age, then the youngest will also receive whole zonn. Otherwise his widow will receive one/eight of a zonn. Paliem. - Divide the net income by 1600 shares. Parra. - The excess amounts are distributed by zonns, half zonns and one eighth of zonn. Each member will receive half zonn after 12 years and whole zonn after 18 years. Each orphan receives half zonn, except where there are two or more brothers, on which hypothesis the youngest is entitled to whole zonn. Each widow having no son will be given one eight of the zonn. Pilerne. - Divide the net income by whole zonns, half zonns, and deducted zonns. After completing the age of 14 years, each "gaonkar" will receive whole zonn, and each "culacharim" will recieve whole zonn, after deducting 1'30 in favour of the group of "gaonkars". Each orphan will be given half zonn, except where there are two or more brothers, because in this case the youngest will receive whole zonns. Pirna. - The excess amounts are distributed by zonns. Each one of the members will receive it after 12 years, when any of the member dies leaving behind minor sons of that age, the youngest one will be entitled to a zonn. Pomburpa. - The net income is divided by 5300 shares. Punola. - The excess amounts are divided by whole zonns, and half zonns. Each member is entitled to whole zonn, after completing 15 years. When any one of them dies leaving behind minor sons of that age, the eldest one will receive whole zonn, and each one of the others half zonn. Revora. - The net income is distributed by whole zonns, and half zonns. Each member receives half zonn, after 15 years and whole zonn, after 18 years. Each one of the orphans before attaining that age will receive half zonn; but where there are more than one brothers, the youngest is entitled to whole zonn. Saligao. - The excess amount is distributed by whole zonns, and others with deduction. "Gaonkars" will receive zonn after 12 years and "culacharins" after 15. The latter ones will receive less $40 than the former one in the respective gains. Sangolda. - Distribute the net rent by personal zonns, and shares of new kind, in the manner as follows. Annex the figure 3½ which is one of the old zonns, "fateusins", to the number of zonnkars the total of both is the divisor and its quotient indicates the gains allotted to each personal zonns, after this deduct the amount of gains all the personal zonns, from the said rent and the remaining divide by 100 new shares. Serula. - There are shares, whole zonns, and half zonns, as also common properties and exclusive properties of shareholders and of zonnkars. In future the distribution of the interest shall be made as follows:- The whole net income of the field "areal" and one half of the net income of "cantors" "portais" (sluice gates), kitchen gardens and hills will be divided by total number of new shares, which are 5300. Similarly the excess amounts in-whole of the field "casana" and the other of the excess amount of the aforesaid "cantors", sluice gates, kitchen gardens and hills will be distributed by zonnkars and half zonnkars. The members who are brahmins having 11½ years will receive whole zonn, and the members of other classes having 15½ years will receive whole zonns. The half zonnkars will receive the respective gains after attaining 12½ years. Sircaim. - The net income is divided by zonns, and each member will receive his zonn, after 12 years. When any one of them dies leaving behind minor sons of that age, only the youngest will receive zonn. Siolim. - Distribute the excess amount by 3000 shares. Tivim. - The net income is divided by whole zonns, and half zonns. Whole zonn, is given to each member after attaining 12 years and half zonn, to each orphan before that age, except where are more brothers in which case the youngest will receive whole zonn. Ucassaim. - The excess amounts are distributed by whole zonn, and half zonn. Each member will recieve whole zonn, after completing 15 years. The eldest of the orphan brothers will receive whole zonn, and each one of the other half zonn, till they attain that age. Verla. - The net income is to be divided by shares, whole zonns, and half zonns, according to the rule as follows:- Annex the figure 5½, which is one of the old; zonns, "fateusins" to the number of personal zonns; the total of both the numbers is the divisor of the said income, and its quotient indicates the gain of each zonns. Then after deducting from the said income, the total amount of gains of the zonnkars and half zonnkars, the remaining is distributed by shares of new kind, the number of which is 100. Age to receive the zonn, is of 14 years. Each one of the orphans are entitled to half zonn, except the youngest amongst the brother who will receive whole zonn. Mormugao Arossim. - It has got 4400 shares. The dividend of each share will be found by dividing the dividend fixed in the annual accounts sheet by that number of shares. Cansaulim. - It has got 1800 shares and also members named "gaonkares"entitled to personal zonn. The zonn, of the "gaonkares" is equivalent to 12 shares and plus the quota of 38 shares belonging to the group of zonnkars. In view of this, in the first place, calculate the annual divisor in the manner as follows- Multiply the number of "gaonkares" enrolled in the year by 12 add 1800 shares to the product and the total will indicate the divisor of the respective year. When this is done, the amount to be distributed or the dividend fixed in the annual accounts sheet will be divided by that divisor. The quotient of this divisor will be the dividend pertaining to each share in the respective year, and the gains of the personal zonn, of "gaonkares" will be the product of the said quotient multiplied by 12, added by the quota corresponding to the dividend of 38 shares of the group of zonnkars. This quota will be calculated by dividing the same dividend of 38 shares by the number of "gaonkars" enrolled in the respective year. Chicalim. - It has got 200 shares and also members known as "gaonkar", with right to personal zonn. The zonn, is equivalent to the quota of 15 shares of the group of zonnkars. In view of this, divide the general dividend fixed in the annual accounts sheet by that number of shares and the quotient will indicate the dividend pertaining to each share in the respective year. The dividend of the 15 shares of the group of zonnkars, will be sub-divided per head among the "gaonkares" enrolled in the year and the quotient will indicate the gain of the zonn, of the respective year. Chicolna. - It has got 200 shares and also members known as "gaonkares" with right to personal zonn. The zonn of the "gaonkares" is equivalent to the quota of 3 shares of the group zonnkars. In view of this, divide the general dividend fixed in the annual accounts sheet by the said number of 200 shares and the quotient will indicate the dividend pertaining to each share in the respective year. The dividend of shares of the group of zonnkars will be sub-divided, per head, among the "gaonkares" enrolled in the respective year. Cuelim. - It has got 4900 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares. Cortalim. - It has got 3000 shares and also members known as "gaonkares" with right to personal zonn. The zonn of "gaonkares" is equivalent to the quota of 543 shares. In this group 8 zonns belong to the comunidade. In view of this, divide the general dividend, fixed in the annual accounts sheet, by the number of the said 3000 shares and the quotient will indicate the dividend pertaining to each share in the respective year. The dividend of the 543 shares of the group of zonnkars will be sub-divided per head among the "gaonkares" enrolled in the year and by the 8 zonns of the comunidade, and the quotient of this operation will indicate the gains of the zonn of the respective year. The gains of the 8 zonns of the comunidade shall constitute the income of the following year, for the general number. Dabolim. - It has got 100 shares which represent the quota of its gross income. The dividend or the loss of each share will be calculated by dividing the amount to be distributed or the general dividend or deficit fixed in the annual accounts sheet, by that number of shares. Issorcim. - It has got 500 shares, which represent the quota of its gross income. The dividend or loss of each share will be calculated by dividing the general dividend or deficit fixed in the annual accounts sheet, by that number of shares. Mormugao. - It has got 1100 shares and also members known as "gaonkares" and zonnkars with right to personal zonn. The zonn of the "gaonkares" and zonnkars is equivalent to one share plus the quota of 8 shares belonging to the general group of zonnkars. In view of this, in the first place calculate the annual divisor, as follows:- Add the number of "gaonkares" and "zonnkars" enrolled in the year, add 1100 shares to the sum and the total will indicate the divisor of the respective year. When this is done, divide the general dividend fixed in the annual accounts sheet by that divisor. The quotient of this operation will be the dividend that, in the respective year pertains to each share, and the gains of the personal "zonn" of "gaonkares" and "zonnkars" will be the said quotient added by the corresponding quota of the dividend of 8 shares of the general group of "zonnkar". This quota will be found by dividing the said dividend of 8 shares by the number of "gaonkares" and "zonnkars" enrolled in the respective year. Pale. - It has got 1400 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares. Quelossim. - It has got 1200 shares, four fifths of the net income is distributed by these shares. It also has members known as "gaonkares" with right to personal zonn, among whom is distributed the remaining one fifth. Besides this the same "gaonkares" receive exclusively the amount of 3$40 of the derrama annexed to the property named as "terreno alegadico" (marshy land) plus the exclusive income of the field Bandcazana or Bandacamota, on which besides the derrama of 28#40 in favour of the comunidade, weighs the onus in the amount of 3#40 towards the security of the field, construction and preservation of bunds, placing of doors to the sluice gates, construction of dams of water reservoir and cleaning of the rivulet, and also the net income of the aforesaid property "Bandcazana" is to be separated from the general dividend and the remaining is to be divided into 5 parts; and the total of 4 parts is sub-divided by 1200 shares, the quotient will indicate the dividend pertaining to each share in the respective year. Add the remaining one fifth to the said 3$40 and plus the net income of the said property "Bandcazana" and the total is divided by number of "gaonkares" enrolled in the year, the quotient will indicate the gain of each zonn. Sancoale. - It has got 2100 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares. Vaddem. - It has got 200 shares which represent a quota of its gross income. It also has members known as "gaonkars" and zonnkars with right to personal zonn. The "zonn" of "gaonkares" and "zonnkars" is equivalent to the quota of one share of the group of "zonnkars", as also the quota of one more share or title "navim" of "gaonkares", when the latter ones or the "zonnkars" are at the same time shareholders. In view of this, divide the amount to be distributed or that of the general dividend or deficit calculated in the annual accounts sheet by the total number of 200 shares and the quotient will indicate the dividend or deficit of each share. The dividend or deficit of each share of the group of zonnkars will be sub-divided by number of "gaonkares" and "zonnkars" enrolled in the said year and that of one share of the title "navim" of the "gaonkares" will be sub-divided by the number of "gaonkares" and zonnkars enrolled and who are also the shareholders; the quotient of these operations will indicate the gain or the loss corresponding to the zonn of each one in the respective year. Velcao. - It has got 200 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares. Ponda Marcaim\*. - It has got 15100 shares. It shall be calculated by dividing the net income by the number of shares. Cundaim. - It has got 12200 shares. It shall be calculated by dividing the net income by the number of shares. Talaulim\*. - It has got 1400 shares. It shall be calculated by dividing the net income by the number of shares. Orgao\*. - It has got 600 shares. It shall be calculated by dividing the net income by number of shares. Tivrem\*. - It has got 1200 shares. It shall be calculated by dividing the net income by the number of shares. (\*) There are no zonnkars in these comunidades. (a) It is regulated by the Legislative Enactment No. 467 dated 23-3-1931. Model No. 9 (Article 209, para 2) Register of Land Surveyor Page...................... Comunidade of ............................ | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | No. and name of the plan to which the lot belongs | No. of the lot and its name | Situated in the ward | Situated in the kajan of field or hill | Area in sq. metres | Perimeter (m) | Serial number of landmarks | Distance in metres | Quality of the plat | Nature of cultivation | | | | | | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Quality and quantity of the seed | Production | Litre (a) | Gross Rent | Cultivation | Net Income | Improvement of which it is susceptible | Natural or artificial irrigation | Boundaries | Remarks | | Escudos | Escudos | | Income inherent to the lot | | | | | | | | | | | | Model No. 10 (Article 212, para 2) (Register to record the objections on the Tombação (registration in the village "cadastro") of the field of the comunidade of .................... | | | | | --- | --- | --- | | Sr. No. of the registrations | Text of the objections | Order | | On ............... of 19..... there being present land surveyor ................ with me ......... clerk of the comunidade and whilst carrying out the "tombação" (registration in the village cadestre) of the lot No. .......... situated at ....... known as ........and bounded on the north by ......... on the south by ...... on the east by ....... on the west ......... there appeared ........... residing at .................. and he stated that he is the owner of a private property named ....................... which bounds upon on the west with the aforesaid lot, and declared that he opposes to the "tombacao" of the latter one, in the manner as it has been done by alleging that it has included in its boundaries one portion of his said property having the length of ......... metres and width of ........ metre. He undertakes to present in the office of the administrator of the comunidades of this Taluka, within a period of 30 days from this date, documents wherefore his objection can be decided administratively. And this statement after being read to the above agreed persons, they found it in accordance and they sign it. | ................. (complainant) ............ (land surveyor) ......................... (clerk) Model No. 11 (Article 548) The "Tombo 1" of the comunidade of .......... | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Name and No. of the plan to | No. of the lot | Designation of the property and its | Boundaries and perimeter | Measurement | Designation of the common | Kind of plot | Nature of cultivation | Income inherent to the lot | Improvements of which the lot is | Whether there is | Gross Income | Expenditure with production and | Escudos | | Sl. No. of the landmarks | Distance in meters | Nature | Artificial | | | | | | | | | | | | | | | | | | | | | (Overleaf Model No. 11) | | | | | | --- | --- | --- | --- | | No. of the lot | Onus | Total | | | Permanent and invariable charges | Accidental variable charges | | (foros) Due to Government Treasury | Salary of the clerk of Comunidade | Cult | | | Percentage to the cashier | Repairs of sluice-gates and bunds | | | | | Extraordinary charges of cult | Permanent Charges | Accidental and variable charges | Total | Net income | Value of the property | Cost of boundary marks | Remarks as regards to properties or lots | | | | | | | | | | | | | | | | | | | | | | Model No. 12 (Section 551) Register 2 (Tombo 2) Enumeration of private properties that pay foro to the comunidade and of invariable taxes due to it and of movement carried out therein | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the property and its location | Name and residence of the possessor | Amount of foro and taxes inhererent to it | Boundaries | Reference to the number of transferer | Documents that have been presented and signature of the one who presents them | Date of issue | Reference to subsequent modification | Foros and remaining taxes | | | | | | | | | | | | Model No. 13 (Article 263 and para. 1 of Article 533) In the year 19 ...... on ......, in the village of ....... and in the house of meetings of the Comunidade of the said village, there met the respective Administrative Board, comprised of ......... president of ......... and ........ members ......... attorney and of me ........, clerk of comunidade in order to proceed with the auction six yearly (or yearly) of the fields and other items of the said Comunidade, for, today, is the date designated for such purpose by the Administrator and advertised in ........ No. ........ of ......... and soon the aforesaid fields and items were put up for auction as per order of its calculation and under the clauses mentioned therein, as follows:- No. 1 - The field ........ bearing No. 1 of the calculation was awarded to ....... for the annual rent of ....... who offered as his surety ............. of ........... and both sign this. Sd/- (Lease holder) Sd/- (Surety) No. 2 - The field .......... bearing No. 2 of the calculation was awarded to ............. of ........... for annual rent of .......... who guaranteed the bid with deposit of ........ equivalent to installment of one year and signs this, and the aforesaid amount was credited to the coffer of which I give public notice and I also sign this. Sd/- (Lease holder) Sd/- (Clerk ) No. 3 - The fish item bearing No. 3 of calculation was put up for auction and as there was no bidders it was reserved for fresh auction. No. 4 - The item of ........ bearing No. ......... of calculation was awarded to ........ of............ for the annual price of ......... who offered as his surety ........ (one) of ....... as both do not know to sign, signs ........... (name) of ........... at the request of the lease holder, and ...................... (name) at the request of the surety, with the witnesses present ........... (name) and .......... (name) of ...... Sd/- .............. on behalf of the lease holder Sd/- .............. on behalf of the surety Sd/- .............. witness Sd/- .............. witness And as it was time for the closing and as the total auction has not been finished it was announced that the auction would be continued tomorrow at .............. In evidence whereof this report has been drawn up which after being read is going to be signed by the president and members of the board agreed above, with me said clerk, who wrote it ...... Sd/- .............. (president) Sd/- .............. (member) Sd/- .............. (member) Sd/- ..............(attorney) Sd/- .............. (clerk) Model No. 14 (Article 543) Registration of encroachment of the comunidade of ................ | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Designation & location of the plot with name of the occupants | Boundaries marks | Form of the boundary marks | Measurement | Fixed date or probable date of usurpation | Kind of plots and its cultivations | Evaluation | Amount of taxes that figure in the names of the occupants by gratuitous title | Remarks | | Value of plot | Value of improvement | Rent enjoyed | | | | | | | | | | | | | | Prepared by us, Land Surveyor Grade II and clerk of the comunidade .............. Date Sd/- .............. (Land Surveyor) Sd/- .............. (Clerk) Model No. 15 (Article 40 Para 3) Catalogue of shares of the comunidade of ............ of ......... Taluka | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Enumeration of Titles of the shares | Shares comprised in each title | Enumeration of shares in each title | Name and residence of the person in whose favour the shares have been issued | Value of titles in escudos | Reference to the auction of transfer | Reference to the annotation of onus | Reference to the annotation of cancellation | Remarks | | 1 | 10 | One to ten ... | Joao Vaz of Aquem of | 1200$00 | Book fl. 4 | Book 2 fl. 14 | Book 4 fl. 51 | | | 2 | 100 | Eleven to one hundren & ten. | Pedro Dias of Pale | 12000$00 | | 3 | 60 | One hundred and eleven to one hundred & seventy | Caetano Fernandes of Orli | 7200$00 | | 4 | 30 | One hundred and seventy one to two hundred | Joao Vaz of Aquem | 1200$00 | | 10 | 200 | 24000$00 | This communidade has ...... (in words) shares comprised in ............. (in words titles of the total value of .......... Office of the Administrator of the comunidades of ......... at Margao ....................... 19.... The administrator of the comunidades of ............... Model No. 16 (Article 401) Salsete Taluka No. 67 Value 1,200.00 Comunidade of Curtorim This title of the value of 1.200$00, belongs to Manuel da Costa ............... of Verna and it comprises, of 10 shares bearing Nos. 238 to 247, of the value of 120$ each one, of the comunidade of Curtorim, to which belong the dividend that may be distributed in each year. This title is transferable by endorsement with annotation in accordance with articles ............. and............ Margao, ..................... 19.... The administrator of the comunidades Sd/- The President of the Board The clerk of the comunidade Sd/- Model No. 17 (Article No. 434) The above transfer has been registered on this date, at fl ............... of the respective book No. .................Margao, ................ 19.... Administrator of the comunidade Sd/- The transfer registered on this date at fl... of the respective book No. ........... belongs to ........... Margao, .............. 19.... (Administrator of the comunidade) Model No. 18 (Articles 412 to 418) (In the hypothesis of article 412 and 413) On ... of ... of 19 ..., F... from ...presented to be annotated in his favour the title No. ... valued at ... $... having ... shares of the comunidade of ... , who transferred F ... of ... , to whom I verified to belong. In view of the appurtenant signed by the transferor in my presence and of the note of presentation, competently signed, I made this annotation of transfer, put the annotation in the said title on this date with reference to this page and returned it to the presenter. Stamp of ....$... has been collected. Sd/-... (administrator) N.B. - On the first part it will be added, as per the case: On... of ... of 19 ... F ... by his through his attorney F ... of ... constituted by power of attorney drawn (or attested) by the notary of this judicial division (or judicial division of ...) and filed by me under No. ...of bundle No. ... On ... F .... of ... minor, through his father administrator, mother or tutor F ... of ... On ... on behalf of F ... of ... and with competent declaration of the latter, presented F ... of ... to be registered in favour of the said F ... And on the second part changes shall be effected as per the case: In front of ... the concerned who signed in my presence by F ... of ... at the request of the transmittent, who do not (or cannot) sign, in presence of witnesses F ... and F ... and of the note of presentation competently signed ... In the presence of ... the concerned who signed in my presence by F ... attorney constituted by the transmittent by power of attorney ... and of the note of presentation duly signed. In the presence of ... the concerned who signed by the transmittent in presence of the notary of the judicial division of ... F... by whom the same has been attested and of the note of presentation duly signed In the presence of the concerned and of the declaration of the transmittent with signatures attested by the notary. In front of the concerned signed by F ..., of ..., at the request of the transmittent as the same do not know (or cannot) sign and by the witnesses present F ... and F ... in the presence of the notary of the judicial division of F ... by whom has been attested the same signatures, and of the declaration competently signed ... (It shall be declared having been filed the powers of attorney, the declarations of transmittents and those of the interested and the serial number in the respective bundle) (In the hypothesis of the article 414) On ... of ... of 19 ... F. ... of ...presented to be annotated in his favour, the titles Nos. ..., each one of the value of ...$ ... containing ... shares of the comunidade of ... ; the titles nos. ... of the value of ...$ ... each , containing ... shares of the said of ... ; the titles nos. ..., this of the value of 120$ and that of 1.200$, containing ... shares of the said of ...; all of whom belonging to F ... of ... summing ...$ ... and, as seem from (it shall be designated the document or documents produced, the origin of these, the name of the employee who issued them) have been purchased by the said F.... in auction of ...having been adjudged free and disengaged of earlier onus prior to auction by judgment of ... already made final (or have been ordered to register in the name of the said F ... cancelling the onus earlier to the auction). In view of the said document, having been cancelled firstly, on this date, at pg., ...of the respective book (the one of annotations of onus) the onus that were burdening on the referred titles, I made the present annotation of transmission, wrote down on it the concerning in favor of the said F ... and the annotation, on this date, with reference to this page , and returned them, filing the documents submitted under No. ... of bundle No. ........ (on the stamp and emoluments idem) Sd/-.... (Administrator) (In the hypothesis of the article 414) On ... of ... of 19 ... F. ... of ...presented to be annotated in his favour, the titles nos. ..., each one of the value of ...$ ... containing all ... shares of the comunidade of ... ; which as seen from ...(shall be designed which is the document produced, its origin, name of the signatory, notary office, and more particulars that may concurs for better clarification), returned to the said F ... as the heir of his father F ... who was from ... and to whom they belong as I verified. In view of the said document, I made this annotation of transmission, wrote down on the above mentioned titles the concerning in favor of the presenter and the annotation on this date, with reference to this, and returned the titles (the documents the originals of which may exist in the notary offices or public offices, being filed the ones which may be in those conditions. (on the stamp and emoluments idem) Sd/-.... (Administrator) (In the hypothesis of the only § of article 418) On ... of ... of 19 ... F. ... of ...presented to be annotated in his favour, the titles nos. ..., each one of the value of ...$ ... containing ... shares of the comunidade of ... ;issued (or annotated) in the name of F ... his uncle (or whoever may be), who is from ..., and proving by ... (the respective documents shall be cited) being he the sole heir of said F ..., not to exceed 1500$, the value of shares, the being no complaint against his claim, announced in terms of law, and having been paid the duty on the successions and donations by acknowledgement of "Fazenda" of ... no.... of ... (when due), applied that they may be annotated in his favour the said titles. And in the presence of the said documents I made this annotation of transmission, wrote down on the said titles the concerned in favour of the said F ... and the annotation on this date, with reference to this page and returned them, filing, etc. Sd/-.... (Administrator) (In the hypothesis of sub-division of the titles and its application between the heirs by deed, etc.) On ... of ... of 19 ..., F ..., of ........... presented the title no. ... of the value of ...$ .............. containing ......... shares of the comunidade of .................., and applied that two shares of that tile may be annotated in his name, issued issued (or annotated) in the name of F ..., who was from ... applied to the presenter as one of his representatives, by public will dated ... drawn by the notary public of the judicial division of ... F ...at pg. .. of book of notes no. ... (conciliation, private paper) and for which duty has been paid by him on the successions and donations, as has proved by the acknowledgement of the "Fazenda" of ... no. ... of ... now produced along with the said deed. And in the presence of the said documents I made this annotation of transmission and, dividing the said title, expedited two new, valued at 120$ each, corresponding to first two tenths and constituted, respectively, by the shares nos. ... and ... , wrote down on them the concerned in favour of the presenter and the annotation, on this date, with reference to this page and gave them. Cancelled the primitive title (on the documents to be filed or to return, stamp, emoluments, idem). Sd/-.... (Administrator) Model No. 19 (Article 419 and 434) On (date) F ... of ... presented the titles nos. ... each one of the value of ...$... containing ... shares of the comunidade of ... and nos. ... of the value of ... each containing shares of the comunidade of ... which all by virtue of the deed , etc., (conciliation, paper, copies to the termos of pledge or of auction, etc.,), serve as surety (or guarantee as pledge) the amount of ...$... which the presenter owes F ... of ...) at the interest of ... And having verified to belong to the debtor (or to his surety)on the clauses stipulated (shares belonging to the surety should declare "on the surety of F ... of ..."). And having verified to belong to the debtor (or to his surety) the propriety of the same titles, fix on them the annotation of guarantee (or pledge) in favour of the creditor, on this date with reference to this page and returned them. (To file or return the documents as it should be) Sd/- (Administrator) N.B. In case of deposit of dividends, its mention shall be made on the annotation, as well as of any earlier onus: On ... (date) F ...of ...presenting the titles nos. ... of the value of ...$... all containing ... shares of the comunidade of ... has applied to register in favour of ... of ... the onus of ... that the presenter is going to constitute for the security of said obligation or of such capital at the interest rate of ... for the period of ... on those conditions. On verifying to belong to the presenter, the propriety of these titles, I made on them the annotation of guarantee in favour of the said F ...provisionally on this date with reference too this page and returned the same to them filing the petition under no. ... bundle no. Sd/- (signature of the Administrator) On (date) here appeared F. ... clerk of the court of this judicial division or any other competent fiscal or administrative employee) along with the respective bailiff, F ... and presenting to me the competent order dated ... proceeded with my intervention for the apprehension or pledge of such shares of the titles nos. of the value of ... $... of the comunidade ... issued in the name of ...of ... of whom (or of his heir F. ...) of whom the executor F ...of ... wants to receive the amount of ...$... burdening on such shares the onus of ... annotated in favour of at pg. ... of book no.. ...(or to declare if they are free). In view of the document copy of which I received and filed under no. ... of bundle no. ...made this annotation and have not annotated in the titles for the same not having been given (or declare other thing, as per the case). N. B. - Having been made the pledge by clerk or assistant of the same administration of comunidades, there is no intervention of the administrator nor the need of the copy of the document or of the order. Sd/- (signature of the Administrator) On (date) F.... of ... applied for the cancellation of the onus of ... annotated in the titles nos. .. of the comunidade of ...titles nos. ... of the of ....showing by deed, etc. (or conciliation, paper, copy of document or certificate of the proceeding, etc.) of being solved such obligation or amount, as such I cancelled the respective annotation of ... of book ...no. ... and made the competent annotation at the margin of the same marginal note, on this date, referred to this page. Sd/- (signature of the Administrator) Model No. 20 (Article 422) (In the hypothesis of section 422) This and other ........... titles guarantee the principal amount of .......... at the rate of interest of ........ per cent. per annum, in favour of ....... of ......... with consignment of its dividends to pay the aforesaid interest, in terms of the annotation of fl. .......... of the respective book No. ............... Margao, .............. 19..... Sd/- (Administrator of the comunidades) (In the hypothesis of para 7 of Article 424) Mortgaged by judicial mandate, "ut" annotation at fl........... of the respective book No. ............ Margao, .............. 19....... Sd/- (Administrator of the comunidades) (In the hypothesis of Article 427) The onus mentioned in the preceding annotation on this date at fl. ............. of the respective book No. ......... is hereby cancelled. Margao, ............ 19..... Sd/- (Administrator of the comunidades) Model No. 21 (Article 440, No. 1 and para 2) Register of appointments Job \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Status | Posts held with dates of respective appointments and remunerations | Period during which he has been away from service | Awards and punishments | Extraordinary Commissions | Remarks | | | | | | | | | Model No. 22 (Article 440, No. 3 and para 2) Entry Book of the Office of Administrator of the Comunidades Part I – Register of entries of applications and official documents --------------------------------------------------------------------- | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Number of the Entry | Date | Original of the application letter of file | Subject | Interlocation order or destination given to it | Final decision | Remarks | | of entry in the office | of the document | | | | | | | | | Part II – Letter of presentation of documents and titles of shares for annotations ------------------------------------------------------------------------------------ | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sr. No. | Month | Dates | Presenter | Title of shares that have been presented and Comunidades that have issued them | Documents Presented | Kind of annotation | Initials of the presenter and of Transferor | | 1 | 1931 Jan | 3 | Jose Ribeiro of | Carmona 6 shares, titles 2-7 | Deed of Partition | Transfer | Initials | | 2 | | 16 | Belarmino Dias of Cana | Pale 2 shares titles 120 & 121 | Public Deed dated 18-12-1901 | Onus with consignment | Initials | | 3 | | 20 | Joao Vaz of Pale | Aquem 1 shares titles 413 | | Transfer | Initials | Model No. 23 (Article 440, No. 12 and para 2) (Book for distribution and registration of execution proceedings) Part I – Class I ------------------ | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | General number of this file | Serial No. in the Class | Date of distribution | Name of the clerk dealing with the file | Name and residence of the debtor | Amount of debt | Name of Creditor | Conditions of the file | | | | | | | | | | Note: For the remaining parts meant for the files of the 2nd and 3rd Class, the same Model shall follow. Model No. 24 (Article 464) Cash-Book of the comunidade of ................. | | | | | | | | --- | --- | --- | --- | --- | --- | | Reference to the C/C | Entry | Respective movement to the management | Reference to the C/C | Issues | Respective movement to the management | | Annual | Arrears | Annual | Arrears | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | No. 1 | | | | No. 1 | | | | | Balance existing in the cash book on 1st March 19 ... As mentioned in the balance sheet at fl... and statement of handing over at fl... of this book, seventy-two escudos ... | ... | 72$ | 11 | To the cashier ... to pay the local tax to the Office of the Administrator of the Comunidades, one hundred and one 'escudos' and thirty Centavos. | | | | | On 25th March, 19 ... after opening the coffer received. | | | | Sd/- Cashier | 101$30 | | | 2 | No. 2 | | | | No. 2 | | | | | From Francisco Coutinho towards the rent of the field Belorem taken on lease by him one thousand tow hundred and sixty-six escudos. | 1,266$ | 11 | 8 | To the clerk for advance towards the subscription of Government Gazette of the current year, one hundred and twenty escudos ..... Sd/- Clerk | 120$ | | | | And the sole payment was received after closing the safe.Sd/- PresidentSd/- CashierSd/- Clerk | | | | And it was closed after paying off the amount of two hundred and twenty-one "escudos" and thirty "centavos" derived from the above two items.Sd/- PresidentSd/- CashierSd/- Clerk | | | | | On 28th of the said month and year after opening the safe received: | | | | On 2nd July, 19 .... after opening the coffer paid: | | | | | No. 3 | | | | No. 3 | | | | | From the attorney towards the deficit collected from the cashier of ... five hundred and twenty-eight "escudos" | 528$ | | 8 | To the clerk towards his salary thirty "escudos" Sd/- Clerk | 30$ | | | | And the safe was closed after receiving the amount of five hundred and twenty-eight "escudos" derived from the above items.Sd/- PresidentSd/- CashierSd/- Clerk | | | | And safe was closed after paying the amount of thirty "escudos" derived from the above item.Sd/- PresidentSd/- CashierSd/- Clerk | | | | | On 15th December, 19 ... after opening the safe received: | | | | On 4th September, 19 .... after opening the safe paid: | | | | | No. 4 | | | | No. 4 | | | | | From cashier ... on account of his debt, two hundred and ten "escudos" | 210$ | | | To Paulo Costa towards the balance in credit of the accounts of ... two hundred and forty "escudos" | 240$00 | | | | And the safe was closed after receiving the amount of two hundred and ten "escudos" derived from the above item.Sd/- PresidentSd/- CashierSd/- Clerk | | | | Paulo Costa | | | | | | | | | No 5 | | | | | | | | 12 | To the cashier to pay the local tax of sixty escudos | 60$ | | | | | | | | And the safe was closed after paying the amount of three hundred escudos derived from the above two items.Sd/- PresidentSd/- CashierSd/- Clerk | | | | | | | | | On 15th January 19 ...., after opening the safe, it was paid: | | | | | | | | | No. 6 | | | | | | | | 6 | To Joao Lourenco towards the balance in credit of the present management four hundred and eighty escudos | 480$ | | | | | | | | Joao Lourenco | | | | | | | | 9 | To the servant ... towards the salary of the year ... eighteen "escudos". | 18$00 | | | | | | | | Sd/- Servant | | | | | | | | | No. 8 | | | | | | | | 7 | To the local board towards the balance in the credit of the present management, one hundred and fifty "escudos" | 150$00 | | | | | | | | Sd/- Secretary of the Board. | | | | | | | | | And the safe was closed after paying the amount of six hundred and forty eight "escudos" derived from the above three items.Sd/ PresidentSd/- CashierSd/- Clerk | | | | | | | | | On 16th January, 19 ...... after opening the safe it was paid: | | | | | | | | | No. 9 | | | | | | | | 5 | To Francisco Pereira towards the balance in credit of the present management, thirty "escudos" | | | | | | | | | Francisco Pereira. | | | | | | | | | And the safe was closed after making this only payment amounting to thirty "escudos".Sd/ PresidentSd/- CashierSd/- Clerk | | | | | | 1476$ | 600$ | | | 989$30 | 240$ | "Yearly Balance Sheet" | | | | | --- | --- | --- | | Total amount entered in the safe by the Management of the current year .......................................... | | 1476$00 | | Total amount entered by the management of the preceding years | | 600$002076$00 | | Total amount of issues from the safe by the management of the current year ........................................................ | | 898$00 | | Total amount of issues by the management of the preceding years .......................................................... | | 240$00 | | Balance in the safe................................................... | | 846$002076$00 | | Balance in the above safe.......................................... | | 846$70 | | Deficit of the cashier in the year 19.... mentioned at the of the current accounts ............................................. | | 65$40750$00 | | Debits of the title holders of the current year. ......... | | 1662$10 | This amount belongs to the creditors mentioned in the following list:- | | | | | | | --- | --- | --- | --- | --- | | Creditors of the year 19........... | | | | | | 1. No. ..................... Pedro Fernandes ....................... | | 120$00 | | | | 2. No. ..................... Joao da Silva ............................ | | 30$00 | | | | 3. No. ..................... Door Keeper ........................... | | 30$00 | | | | 4. No. ..................... Clerk ....................................... | | | 60$00 | 240$00 | | | | | | | | Creditors of the year 19........... | | | | | | 1. No. 1 Pedro Fernandes ........................................ | | 1632$00 | | | | 2. No. 4 Joao Fernandes .......................................... | | 255$00 | | | | 3. No. 9 Clerk ......................................................... | | 90$00 | | | | 4. No. 12 Government Treasury ......................................... | | 183$80 | | | | 5. No. 13 Office of the Administrator ....................... | | 18$00 | | | | 6. No. 14 Comunidade ............................................ | | | 450$00 | 2628$00 | | | | | 2868$80 | This account has been closed, whereof derives the balance in the safe of the amount of eight hundred and forty six "escudos" and seventy "centavos". House of meetings of the Comunidade. (date) | | | | | --- | --- | --- | | | Sd/- President | Sd/- Cashier | | | Sd/- Attorney | Sd/- Clerk | Statement of handing over On first March 19......, there being present the president and the other members of the administrative ........, ........, ........., ........, and the key-keeper of the safe .... and ...., with me ........., clerk, the safe was opened and after counting the cash existing therein it was verified that the total amount of the balance amount to 846$70. This amount along with the keys was handed over to the new key-keepers ...... And ...... who were present and to me said clerk. We collected the amount received in the same safe and took possession of the keys. In evidence whereof this statement is drawn up and signed by all the persons agreed above. Coffer of the comunidade on ....... (date) Sd/- President Sd/- Members Sd/- Members Sd/- Members-cum-Cashier Sd/- Member-cum-Attorney Sd/- President of 19 ....... Sd/- Member-cum-Cashier of 19 ...... Sd/- Clerk of 19 ....... Model No. 25 (Article - 470) Book of Income & Expenditure of the comunidade of....................... Statement of Income & Expenditure of the comunidade of the year 19....... | | | | | | | | --- | --- | --- | --- | --- | --- | | Sr. | Expenses | Amount | Sr. | Expenses | Amount | | 1 | 2 | 3 | 1 | 2 | 3 | | | | | | “Invariable” | | | 1 | Indivisible balance of the year 19 ... which has been transferred to the current year as mentioned at fl ..... of the returns and expenses book No. .... ninety-three escudos. | 93$00 | 1 | Contribution for the cleaning of church of this village, authorized by order of the Governor General, registered at fl. .... of the register No. ... one hundred and fifty "escudos" | 150$00 | | 2 | Amount set apart for works mentioned at fl. .... of the said book, six thousand seven hundred and eighty nine "escudos" | 6789$00 | 2 | Salary of the clerk of the Comunidade mentioned in the table 2-II of the said code, seven hundred and twenty "escudos". | 720$00 | | 3 | Remaining amount spent under item No. ........ for books, twenty-seven "escudos" "Invariable" | 27$00 | 3 | Salary of the servant of the Comunidade authorized by order of the Governor General, registered at fl. ... of the register No. ..... Forty-eight "escudos". | 48$00 | | | “Invariable” | | | “Variable” | | | 4 | Foro of the emphiteuses of the Comunidade recorded in the respective village enumeration at fl ... of the book "tombo" 2-one hundred and eight "escudos". | 180$00 | 4 | Subscription of the Government Gazette of the following year 19 .... one hundred and twenty "escudos". | 120$00 | | | “Variable” | | | | | | 5 | Income of the field of the Comunidade leased in terms of fl. ... of the book of agreement No. ... four thousand eight hundred "escudos". | 480$00 | 5 | Contribution of local tax, mentioned in the circular registered at fl. ....... of the said register ...... | 60$00 | | 6 | Ditto of urban properties leased in terms of fl. ... to fl. ... of the said book, three hundred "escudos". | 300$00 | 6 | Percentage of the cashier and president authorized by order dated ..... ninety "escudos". | 90$00 | | 7 | Ditto of fish and other settlements auctioned in terms of fl. ... to fl. ... of the said book seventy five "escudos". | 75$00 | 7 | Land tax and additional municipal tax to be paid to the Government Treasury (item No. 9 of the income) five hundred and ten "escudos" | 510$00 | | 8 | Interest on the principal amount of six thousand "escudos" given on loan to .... through deed of ... dated ... three hundred "escudos". | 300$00 | 8 | Cost of construction and repairs, auctioned in terms No. .... of fl .... of the book of agreement No. ... Sixty "escudos". | 60$00 | | 9 | Land tax and additional municipal tax to be collected from the lease holders of the field of Comunidade, five hundred and ten "escudos" .... | 510$00 | 9 | Net income | 11315$00 | | | | 13074$00 | | | 13074$00 | House of Meetings of the comunidade at .............., .............. 19...... Sd/- Attorney. Sd/- Treasurer. Sd/- Clerk. (Place for order of the administrator) Summary Net income verified at folio approved by the above order (or fixed, by the said order) .... 11.316$00 Amount set apart by the said order for extraordinary works of the comunidade ....... 4,200$00 Dividend to be distributed among the "zonnkars" and shareholders of the comunidade 7.159$00 Indivisible balance that is carried over to the following year of 19................................. 57$00 11.316$00 As per the institution of the comunidade, one fourth of the net income belongs to the "zonnkars" and the remaining three fourths to the shares. In the current year there are 4 "zonnkars" enrolled at folio ....... of the book of c/c No. ....... and the number of shares is 880, as it is soon from fl. ..... of the respective book No. ...., so there falls to each "zonn" 444$80 and to each share 6$00, there remaining an indivisible balance of 57$00, which is carried over to the following year. Date: Sd/- (Attorney) Sd/- (Cashier) Sd/- (Clerk) Model No. 26 (Article 479) Comparative map of the returns and expenses, net income or "deficit" and debts of the comunidades of .................... Taluka for the year 19......... to 19............. | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sr. No. | Comunidade | Returns | Expenses | Net income | Deficit | Debts | Remarks | | 19.... | 19.... | 19.... | 19.... | 19.... | 19.... | 19.... | 19.... | 19.... | 19.... | | 1. | Aquem...... | 5400$ | 5358$ | 4502$ | 4800$ | 798$ | - | - | - | - | - | - | | | Difference.. | for less | 198$ | for more | 198$ | - | - | - | - | - | - | - | | 2. | Cavorim...... | 40104$ | 40200$ | 14994$ | 28050$ | - | - | - | - | - | - | - | | | Difference.. | for more | 96$ | 2940$ | for less | 240$ | - | - | - | - | - | - | | 3. | Verma...... | 15960$ | 16080$ | 17520$ | 17940$ | - | 35206$ | 1560$ | 1860$ | - | - | - | | | Difference.. | for more | 120$ | for more | 420$ | - | 2844$ | for more | 300$ | - | - | - | N.B. :- The names of the villages shall be declared in alphabetical order. | | | | --- | --- | | (Date) | (Signature) | Model No. 27 (Article 484) Current accounts of the comunidade of ........... of the year 19 ...................... | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sr. No. | Designation | To recover | Total guaranteed income | Remarks and annotation | Designation | To owe | Income paid in the debit | Remarks and annotation | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | Title of the "Zonnkar" Pedro Fernandes | | 1. | Gains of personal zonn | 300$ | | | Rent of the field Artoem No. ...... | 320$ | | | | | Dividends of 25 shares at the rate of 60$ ..... | 1500$ | | | Rent of urban property No. ................ | 600$ | | | | | | | | | Granted to Pauloda, Costa No. 3 under bond No. ..... | 210$ | | | | | | | | | | 1130$ | 1130$ | | | | | | | | Balance in favour ....... | 670$ | | | | | | 1800$ | 1800$ | | | 1800$ | | | | Title of the "Zonnkar" Francisco Coutinho | | 2. | Gains of personal zonn | 300$ | 2766$ | | Income of the field Betorim No. ..... | 2100$ | | | | | Dividends of 20 shares at the rate of 60$ ..... | 1200$ | | | Ditto of the urban property No. ... | 576$ | | | | | Paid under statement No. 2 ...... | 1266$ | | | Foro of emph. lease | 90$ | | | | | | 2766$ | | | | 2766$ | 2766$ | | | Title of the "Zonnkar" Paulo da Costa | | 3. | Gains of personal zonn | 300$300$ | | | Income of the field Betorim No. ..... | 990$ | | | | | Dividends of 5 shares at the rate of 60$ | 210$ | | | Foro of emph. lease | 96$ | | | | | Granted to Pedro Fernandes under record No. .......... | 810$ | | | | | | | | | Balance ............. | 240$ | 810$ | | | | 810$ | | | | | 1086$ | | | | 1086$ | | | | Title of the "Zonnkar" Joao Fernandes | | 4. | Gains of personal zonn | 300$ | | | Rent of fish ...... | 75$ | | Pd. vide record No. 9 | | | Dividends of 5 shares at the rate of 60$ | 60$ | | | | 75$ | 75$ | | | Premium of auction of construction of dam of lakes No. ...... | 90$ | | | Balance in favour of …. | 315$ | | | | | 390$ | 390$ | | | 390$ | | | Title of the Shareholder Francisco Pereira | | 5. | Dividends of 5 shares at the rate of 60$ | 300$ | | | Foro of emph. lease | 305 | | Pd. Vide record No. 10 | | | | | | | No. 6 under record No. ...... | 240$ | | | | | | | | | 270$ | 270$ | | | | | | | | 30$ | | | | | 300$ | 300$ | | | 300$ | | | | Title of the Shareholder Joao Lourenco | | 6. | Dividends of 4 shares at the rate of 60$ .... | 240$ | | | | | | | | | Granted to Francisco Pereira No. 5 under recorded No. ....... | 240$ | | | Balance in favour of | 480$ | | | | | | 480$ | 480$ | | | | | | | Title of the Fabrica of the Church of ....... | | 7. | Contribution for the clearing of the Church No. 3 of the expenses sheet ..... | 150$ | 150$ | | Balance in favour of | 150$ | | Pd. vide record No. 7 | | Title of the clerk of the Comunidade | | 8. | Salary of the year 19... No. 4 of the expenses sheet | 120$ | | | Received on account of his salary under record No. 3 | 30$ | | | | | Subscription of the Government Gazette of the current year No. 6 of the expenses Sheet | 120$ | | | Paid for subscription of the Government Gazette by receiving from the safe under record No. 2 | 120$ | | | | | | | | | | 150$ | 150$ | | | | | | | | Balance in favour of | 90$ | | | | | | 240$ | 240$ | | | 240$ | | | | Title of the Servant of Comunidade | | 9. | Salary of the year 19 ...., No. 5 of the Expense Sheet | 485 | | | Balance in favour ............... | 48$ | | Pd vide record No. 8 | | Title of the Office of the Administrator | | 10. | Taxes of the year 19 .... No. 7 of the expense sheet | 90$ | 90$ | | Paid under statement register at fl ......... of the register No. ..... | 72$ | 72$ | | | 18$ | | | | | | | | 90$ | | | | Title of the Comunidade | | 11. | Remaining indivisible amount of the current year ..... | 30$ | | | Balance in favour .................. | 450$ | | | | | Amount set apart for constructions | 420$ | | | | | | | | | | 450$ | 450$ | | | | | | | | Grand Total | | 7524$ | | | | 7524$ | | Houses of meetings of the Comunidade of ..........................19 Sd/- Clerk Balance of Credit Amount of The Current Accounts | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Gains and dividends paid to the "Zonnkars" and share holders in their current accounts | | 4800$ | | Total of the 2nd column of the left hand page of this book | | 11,691$ | | | Total of the items of expenses fl ... of the book of income and expenses No. ... which have been credited to the current accounts | | 1335$ | | | | | | | Amount set apart in the said sheet for extraordinary works | | 420$ | | | | | | | Remaining indivisible amount that is carried to the following year | | 30$ | | | | | | | Amount of grants made in the current year, mentioned at fl... of the book No. | | 450$ | | | | | | | Ditto of charges fl. .... of the book No. ....... | | 2196$ | | | | | | | Payment made to the title holders in the coffer on account of their debit under statements No. 2 and 4 of the cashbook. | | 2460$ | | | | | | | | | 11,691$ | | | | 11,691$ | | House of meetings of the Comunidade of ............................ 19 ............. | | | | --- | --- | | Sd/- Attorney | Sd/- Clerk | Balance of Debit Amount of the Current Accounts | | | | | | | | --- | --- | --- | --- | --- | --- | | Total income of the Comunidade mentioned at fl. ..... of the book No. ...... with deduction of the balance credited of the preceding year | 6531$ | | Total of the 2nd column of the right hand page of this book | 8354$ | | | Amount of grants made by "Zonnkars" and shareholders mentioned at fl. ....... of the book No. ....... | 450$ | | Amount that the title holders owe towards the balance of their current accounts. | 1086$ | | | Ditto of charges fl. .... of the book No. ..... | 2136$ | | Ditto, in possession of the cashier withdrawn from the coffer under statement No. 4 of the cashbook No. ..... | 101$ | | | Cash withdrawn from the coffer of the Comunidade for advances of various payments in the year of the management under statements Nos. 1 to 6 of the cash book No. .... | 424$ | | | | | | | 9541$ | | | 9541$ | | House of Meetings of the comunidade of ..................., .................... 19...... | | | | --- | --- | | Sd/- Attorney | Sd/- Clerk | Model No. 28 (Article 518) Statement of credit On ............ there appeared ........ member of this Comunidade residing in ......... (by himself or through his attorney ........... constituted by power of attorney that has been filed in the bundle No. .......) and stated that he authorised the transfer to the title No. ............ of ............. of the credit amount of .............. that he has in the Comunidade, by deducting it from his title No. ...... In evidence whereof he signs this with me the clerk. Sd/- (Clerk) Model No. 29 (Section 520) Item of credit Credited by ............... of .............. No. ............ the amount of .........$..... to the title No. ...... of........ by authorization filed in the bundle No. ....... | | | | --- | --- | | Date: | Sd/- Clerk | | | | | | | | --- | --- | --- | --- | --- | | Sr. No. | Name and residence of the shareholder | Shares possessed on 19 .... | Annotation | Movement carried out on 19 …. | | Modification | Serial No. of the new inscription | Shares possessed on 19 ..... | Annotations | | 1 | Pedro Fernandes of Nagoa | 25 | | | | 20 | | | 2 | Francisco Coutinho of Pale | 20 | For onus of ... favour of ....... | Sold 5 | 7 | 20 | The preceding onus continues | | 3 | Paulo de Costa of Orlim | 5 | The dividend has been consigned in favour of ..... | | | 5 | Same as above | | 4 | Joao Vaz of Calangute | 1 | | Sold | 8 | | | | 5 | Jose Lourenco of Cana | 4 | | Transferred | 9 & 10 | | | | 6 | Francisco Pereira of Verna | 5 | | Same as above | 10 | | | | | Total | 60 | | | | | | | | Date: | Sd/- Clerk | | | | | | | | Year:19 ........ | | 7 | Jose Pereira of Anjuna | | | | | 5 | | | 8 | Catao Fernandes of Cuelim | | | | | 1 | | | 9 | Cosme Lourenco of Varca | | | | | 2 | | | 10 | Miguel Lourenco of Varca | | | | | 7 | | | | | | | | | 60 | | | | Date: Sd/- Clerk | | | | | | | Form No. 31 (Article 180) Record of auction In the year nineteen hundred and ..... on ......... at about 9.00 a.m. in this city (or town) of .......... and in the office of the Administrator of the Comunidades of .... Taluka, there met the respective Administrator .............. (name) , the members of the administrative board of the Comunidade of ....., signed below, with me ..... (name) ....... Secretary of the office of Administrator to, as per the edicts and notices published in terms of article 180 of the Code of Comunidades, proceed with the auction of immovable properties of the said Comunidade of ......... the said Administrator, appointed ..... (name) as crier ordered to put up for sale by auction. The lots or properties recorded in the book "Tombo I" first part, of the aforesaid Comunidade, by order of the said Administrator and under clauses and encumbrances mentioned in the respective records, what he, in fact, did, as follows:- No.1 - Lot No. ....... (shall mention the number of its inscription in the "Tombo") situated at ......... named ............. bounded .......... it has an area of ........ and it measures ................... and the leaseholder of which is subject to the following encumbrances ......... it has been awarded in sale to ....... (name) residing in ......., for the price of ......... & .......... which he undertook to pay in annual instalments of ..... &......each, by subjecting himself to punishments imposed to him by the Code of Comunidades in force; he offered as his surety ......., residing in ........, married, who being present to this act accepted the burden and presented the document to show that he has consent from his wife for this purpose, and he guaranteed the bid of the one to whom he stood as surety with .......... shares of the said Comunidade, annotated in the name of ........... (name), with consent of the latter one, which he also proved with the document presented by the said surety. And in evidence whereof this statement is drawn up which after being read is going to be signed by the leaseholder and his surety. Sd/- .................... leaseholder Sd/- ................... surety No. 2 - Lot No .......... situated at .........., etc........., was put for sale by auction and its auction was suspended, as in the same act ......... (name) resident of ........ presented a certificate issued by the clerk .......... of the district court of this judicial division, where it has been declared that the suit referred to in article 806 of the said code has been filed by the presenter. No. 3 - Lot No. ...... situated at .......... named ........ etc., was awarded, (etc) . No. 4 - Lot No. ........., .......... and ........ were put up for sale by auction, and there were no bidders. And as it was time up for the closing, the auction was concluded and it was announced that it would continue tomorrow at 9 a. m. And this report was concluded, which after being read, is going to be signed by the Administrator, by the members of the administrative board and by me. .................. (name) Secretary of the office of Administrator, who wrote it. Sd/- ......... Administrator Sd/- ......... President of the board Sd/- ......... Member-cum-cashier Sd/- ......... Member Sd/- .......... Member-cum-attorney Sd/- ......... Member Sd/- .... clerk of the Comunidade Sd/- Secretary of the office of Administrator Note: By similar way on this act, it shall be written to all others, whichever and particularly hypothesis that may be, given that all the special circumstances Model No. 32 Comunidade of................. Shares issued 4300. Value of each share inscribed in the "tombo" 180$00 | | | | | | --- | --- | --- | --- | | Name of the shareholder | Interest on each shareholder | Grant of shares made by the shareholders for the purchase of various lots or properties | Credits | | No. & quantity of titles | Total no. of shares | Value in Escudos | No. & quantity of titles | Total no. of shares | Value | | Jose Dias | 8 titles of 100 shares10 titles of 20 shares3 titles of 1 share | 1003 | 180540$ | To lot No. 2,200 shares | To lot No. 3, 100 shares | To lot No. 4, 37 shares | To lot No. 7,63 shares | To lot No. 75,80 shares | | | | | | 5 titles of 100 shares3 titles of 1 share | 503 | 90540$ | | Pedro Antonio Jorge | 15 titles of 100 shares28 titles of 30 shares | 2340 | 421200$ | To lot No. 5,739 shares | To lot No. 23,64 shares | To lot No. 68,600 shares | To lot No. 73,17 shares | - | | | | | | 9 titles of 100 shares1 title of 23 share (a) | 923 | 166140$ | | Manuel Vicente da Costa | 7 titles of 100 shares1 title of 40 shares8 titles of 20 shares | 900 | 162000$ | - | - | - | - | - | | | | | | 7 titles of 100 shares1 title of 40 shares8 titles of 20 shares | 900 | 162000$ | | Rosario Manuel Correia | 5 titles of 10 shares7 titles of 1 share | 57 | 10260$ | To lot No. 27, 57 shares | - | - | - | | | | | | | None | - | - | (a) One of the titles of 30 shares would have to be reduced by 23 by means of an annotation. ### 17. /25/85-RD. - In exercise of the powers conferred by clause 19 of Article 153 of the Legislative Diploma No. 2070 dated 15-4-1961, the Administrator of Goa, Daman and Diu hereby makes the following rules, namely:- ### 1. Short title and commencement. - (1) These rules may be called the Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 Rules, 1985. (2) It shall come into force at once. ### 1. Publication of Notes. - Notices of auction in respect of plots to be allotted by means of auction shall be published in the Government Gazette and also one in local daily newspaper in the local language and one daily newspaper in English. ### 2. Maximum area to be allotted. - In respect of any application made after the commencement of these rules, the maximum area that can be alloted to a person shall be restricted to 400 sq. mts. ### 3. Eligibility. - (1) The applicant to be eligible for allotment of a land should not own any residential accommodation or a build site within a radius of 8 kms. from the Comunidade from which he intends to take land on lease. (2) An applicant to be eligible for grant of land on lease without auction shall not be a person whose annual income from all sources exceeds Rs. 60,000/-. ### 4. Affidavit to be sworn by certain bidders. - An affidavit shall be furnished by those bidders in auction who are not original applicants affirming that they do not own any land/house within a radius of 8 kms. from the particular Comunidade. ### 5. Records of Comunidades to be maintained in English. - All the records of the Comunidades shall be maintained in English to the extent possible. ### 6. Periodical inspection to be carried by Administrator of Comunidades. - Administrator of Comunidades shall carry out quarterly inspections for detecting as well as preventing encroachment of Comunidade lands and they shall furnish a report thereof to the Collector of the district for further necessary action. ### 7. Administrator of Comunidades to complete formalities within six months. - Administrator of Comunidades shall complete all the formalities in respect of grant or allotment of Comunidades land either by auction or without auction within a maximum period of six months from the date of receipt of the application. ### 8. Allottee to take permission for conversion of land use. - The allotee shall take permission for conservation of land use under the provision of the Goa, Daman and Diu Land Revenue Code, 1968 whenever change of land use is intended after allotment. Unauthorised change of land use will make the land liable for reversion. ### 9. Allottee to construct building within four years. - The allottee shall utilise the land granted by constructing the necessary building within a maximum period of four years failing which the land shall be liable for reversion. ### 10. Allotted land not to be transferred. - No transfer of allotted land or building erected thereon shall be made before the expiry of ten years. After the period of 10 years, if the said land or such buildings are to be transferred it shall be done only with the prior approval of the Administrator of Comunidades. In the event of transfer, 10% of the appreciated value of the land shall be deposited to the Comunidade. ### 11. Administrator of Comunidades to prepare layout, etc. - It shall be the responsibility of the Administrator of Comunidades to prepare suitable layout plans with adequate place for public amenities like -roads, parks, water supply mains etc. in consultation and with the approval of competent authorities before proceeding to allotment of plots. ### 12. List of vacant plots to be displayed every year. - Every year in the month of January, list of vacant plots of each Comunidade indicating Survey number and the location and all other relevant details shall be displayed on the Notice Board of the Office of the Administrator of Comunidades as also in the Official Gazette. ### 13. Administrator of Comunidades to obtain conversion and subdivision of plots. - Administrators of Comunidades concerned shall obtain conversion under the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 from the concerned authorities and shall get the plot sub-divided in accordance with the Law before recommending the case to the Government. Concluding Note Translation of the Code of Comunidades of 1961 I have been requested by the Government of Goa to re-examine the translated text of the Code of Comunidades of 1961, in force in Goa, submitted by Mr. Egipcio Noronha Rodrigues. Looking backwards, there were merely Regulations called "Regulamentos". Significantly after the Code of Comunidade of 1904, there was the Code of Comunidade of 1933 followed by the present Code. Therefore, the difference between "Regulamento" and "Code" is required to be noticed. In the Indian system by and large any statutory enactment is called as an "Act", while the subordinate legislation named as Regulations, by-laws, etc.,. But it is not a case, the Indian legislation does not recognize a Code at all. There is Goa Land Revenue Code of 1968 and in the same pattern there was the Bombay Land Revenue Code of 1879, which is now replaced by the Maharashtra Land Revenue Code of 1966. Question is whether they satisfy the requirements of the Code. Sufficient at this stage to keep in mind that Article 44 of the Constitution of India speaks of a Code and not an Act. I Impact of Sole para of Article 5 of the Code of Comunidades 1961 Keeping aside for a moment the differences between a Code and an Act, the Code of Comunidade of 1961, has a marked difference as compared to the 1904 and 1933 Codes, as has been expressly mentioned by the legislature in the sole paragraph of Article 5, and explained in the Preamble in part III of the Code of Comunidades of 1961, in the following words. They are extracted below: Article 5 "......With effect from the year 1962 the Comunidades shall cease to pay "foro" to the "National Treasury"." Preamble ............................................................................ "Part III: Without reference to formal alterations that have been numerous and have touched almost every article of the old Code, we shall give a brief account of the modification with major impact introduced in the new Code. The canon (Foros) which the Comunidades were paying the National Treasury have been abolished. By doing so, the historical truth was restored, which was stressed by Cunha Rivara by recognizing that the properties of the Comunidades belong to them, as a of their full ownership and that the "foros" do not correspond to its bifurcation, one being dominium utile and the other dominium directum, the latter of the state and former of the Comunidade." From the sole paragraph and the preamble extracted above, one thing is clear that all time in the past it was considered by the rulers that the comunidades were paying "foro" to the government in acknowledgement of their sovereign rights; but in the Code of Comunidades of 1961, it was acknowledged that the comunidades were full-fledged owners of both the interests and that there was no bifurcation of property like, dominium directum and dominium utile. II Whether to maintain the word "Comunidades" in the translated text? At the forefront, I must record that I was confronted with the translation of the very word "Comunidades". What does "Comunidades" mean? Is it a "community" of the village at large? Late Advocate Rui Gomes Pereira, in his work "Gaunkari, The old village association" called it "community", while Dr. Olivinho J. F. Gomes, in his research book prepared under the aegis of Vassantrao Dempo Education and Research Foundation named "The Goan Village Communes" called it "communes". But late Advocate Gomes Pereira, in his title of the book was very cautious to put it as "The old village associations" as "Gaonkari". Even Chapter II of his book has been titled as gaonkari or communities. If it was said "Village Community" it would comprise not only "Gauncars" of village but of all other villagers, non-gauncars also. But if it is said "gauncari", it would signify the association of gauncars only and not of all the villagers. Sebastião Rodolfo Dalgado in his Luso-Asiatico Glossary publication by Asian Educational Services, Volume I, p. 301 explains that "comunidade" is a Portuguese name, also adopted in konkani, which conveys an "agricultural association" of each village of Goa, that possesses from olden times, properties in common, income of which accrues in favour of its members. English people adopted the Portuguese denomination with the word "village community". The Indian "comunidades" were in its origin a type of communes, with all the ingredients necessary for its social life". It is therefore clear that it is not a commune but a sort of commune. The same Article 1 of the Code, also uses the word "gauncarias" as synonym of "comunidades". In this context, Dalgado at page 417 of the same volume explains that "gauncaria" is association or meeting of "gauncars" of a village. From conc. "gaunkari", sansc. "gramakarya" - administration of village community. The comunidades being equated with "Gaunkaria", i.e. association. "Gaunkars" are founders of the village. The definition of the same given by Dalgado at Volume I page 416 is that "gaunkar" is the member of the village agricultural association in Goa. From Konkani "gaunkar" from Sanskrit "grama" village and "kar" is owner. In Black's Law Dictionary , 6th edition inter alia "commune" is defined as "a self governing town or village, smallest administrative district of many European countries.", they are public bodies. Therefore, they cannot be equated to an association of gaunkaris (comunidades) which are private associations. "Comunidade" differs from the Panchayat. In the case association of gauncars income from the properties accrue to the "gaunkars" in proportion of their shareholding. But in the Panchayat no ownership vests in the residents. The purpose of the long title of any Code while indicating the object of the legislation in brief, plays a pivotal role. Here "gaunkar" and the associations of "gaunkaris" play major role. I have therefore maintained the word of origin i.e. comunidades. If in english terminology "village community" was adopted, it would have distorted the main concept of Comunidade itself giving appearance of a public body, i.e. community at large, though of village and not the ownership of gaunkars alone with the exclusion of any person besides gaunkars. III What is the meaning of the term "Code"? John H. Tucker, Jr. in his foreword to the Louisiana Civil Code says: "What is meant by the term "code" as we use it here is to designate an analytical and logical statement of general principles of law to be applied by deduction to specific cases and extended by analogy to cases where the aphorism "au-delà du code civil mais par le code civil" (beyond the civil code but through the civil code) can be applied" Since in the meaning above there is mention to analogy, Article 16 of the Portuguese Civil Code be also be noted. It reads: Article 16 (Interpretation and integration of the law) "Where the questions relating to rights and obligations cannot be resolved, either by the text law or by its spirit, nor even by analogous cases, envisaged in any other laws, they shall be decided by following principles of natural law as per circumstances of the case." The purpose behind the above article is that litigant should be afforded relief applying even the principles of analogy if not by natural law. The common law or the Indian Law do not accept the principle of analogy. Instances are there because the law does not provide, no relief is granted to the litigants. This is the trend which was there as it is evident from the judgement of the Supreme Court in the case of Vidya Vati v. State of Punjab (AIR 1968 SC 519 at 522), held as follows: Relevant passage is quoted below: "A lacuna undoubtedly exists in the Act, but it is for the legislature to rectify it and not for the courts to give a strained meaning to the words used by the legislature which they do not bear" Later a principle was evolved of "ironing out the creases" to use terminology of Lord Dening. In true sense the Code is your friend as explained by John H. Tucker, Jr. in his said forward to the Louisiana Civil Court in following words: "Here in the latest edition of the most important book in your library, the 'Civil Code of Louisiana'. It is your most important book because it ushers you into society as a member of your parent's family and regulates your life until you reach maturity. It then prescribes the rules for the establishment of your own family by marriage and having children, and for the disposition of your estate when you die, either by law or by testament subject to law. It tells how you can acquire, own, use and dispose of the property generously or gratuitously. It provides the rules for most of the special contracts necessary for the conduct of the nearly all of your relations with your fellowman: sales, loans (with or without security), leases, usufructs and servitudes; and finally, all of the rights and obligations governing your relations with your neighbor and fellowmen generally" Applying the above test, the present Code of Communidade of 1961 qualifies to be said "Code" In the Article 1 of the Code of Comunidades of 1961, the term "comunidades" is defined as "Gauncarias" existing in the district of Goa and they are also governed by the private constitution of each of them. It is further laid down that wherever the Code is silent general law shall apply. In Article 3 of the Code of Comunidades, 1961, the composition or the membership of the comunidades is explained. Article 5 of the Code of Comunidades, 1961, speaks about the administrative tutelage. Article 6 of the Code of Comunidades, 1961, speaks of redemption of foro. Article 9 of the Code of Comunidades, 1961, prohibits the filing of the civil suit without the previous sanction of the Administrative Tribunal or the Administrator as the case may be. Article 10 of the Code of Comunidades, 1961, how the representation of the comunidades is done. The powers of the members are set in Article 26 of the Code of Comunidades, 1961, whereas disability to contest or vote are laid down in Article 29 of the Code of Comunidades, 1961. Article 30 v, deals with the powers of the comunidades and Article 31 of the Code of Comunidades, 1961, speaks about the tutelage over the action of the comunidades. Article 33 of the Code of Comunidades, 1961, deals with the meetings of the comunidades. Article 39 of the Code of Comunidades, 1961 deals with the meetings of the Managing Committee and powers of the Managing Committee is set out in Article 64 of the Code of Comunidades, 1961. Therefore the powers of the president, attorney and clerk are set out in Article 64 of the Code of Comunidades, 1961. In Article 87 of the Code of Comunidades, 1961, the status of the clerk is given stating that they are subject to same discipline of the Public Offices. Article 91 of the Code of Comunidades, 1961 states that the certified copy issued have public faith. Article 99 of the Code of Comunidades, 1961 deals with Treasurers and 102 of the Code of Comunidades, 1961 deals with members of the safe. The office of Administration stated in Article 116, 117 and 118 of the Code of Comunidades, 1961 and their powers are mentioned in Article 125. The powers of the Governor are stated in Article 153 whereas powers of the Administrative Tribunal are stated in Article 154 of the Code of Comunidades, 1961. There is no need to along the list. Exhaustive provisions have been made including the preparation of budget and its approval, what books have to be maintained in the office of Administration and as well as the Comunidades. Provisions for cadastral survey and encroachment have been made in detail. Procedure to let out the properties of Comunidades have been mentioned in detail. Grant of land by way of aforamento is permitted and recovery of debts by way of execution proceedings is contemplated. In short, minutely, all the provisions to govern the institution have been made out and therefore any institution which intends to have a knowledge to operate an institution may very well adopt the same. IV What is the meaning of general law in Article 1 of the Code of Comunidade of 1961? Article 1 of the Code of Comunidades, lays down that in case the code is silent, the provisions of the general law shall apply. Which is the general law? It depends upon the subject to be dealt with. If it pertains to civil matter, it is the Civil Code. If it pertains to procedural aspect, the Portuguese Civil Procedure Code would apply. It is a case of association or society more particularly matter of issuance of shares, it is either the Civil Code or the Portuguese Commercial Code of 1888. If it is an administrative matter, then it is Reforma Administrativa Ultramarina (RAU) (Overseas Administrative Reform) and lastly if it is a service matter then it is "Estatuto do Funcionalismo Ultramarineno (EFU), Overseas Civil Service Statute". V Methodology adopted in doing the translation a) in form It is required to explain the methodology adopted in the matter of translation, First of all the Portuguese Legislature uses the expression "Of the Constitution of Comunidades". The 1961 Code prefixes the word "of the" before each heading on caption of the chapter of or its divisions. The same pattern is followed in the French Civil Code, Portuguese Civil Code, Mexican Civil Code, Brazil Civil Code and for that matter Louisiana Civil Code which is one of the 9 states of U.S.A. where the "civil law" is followed in contradistinction with the remaining states of United States are known as the common law system. I have come across a translation of the Mexican Civil and Commercial Code, done in English from Spanish language, that was undertaken by lawyers named Abraham Eckstein and Enrique Zepada. The said Mexican lawyers, while translating the Mexican Civil Code in Spanish language eliminated the word "of the" before the heading of the Chapter. To familiarize the lawyers who are following the Common Law, for convenience purpose adopted same matter and eliminated "of the" writing simply "Constitution of the Comunidade". b) In substance In the matter of translation much care has to be taken. It is said that the language is a very weak conveyor of thought. It is more acute in the case of translation. There is a saying that the translator may be a "traitor" if proper meaning is not conveyed. In Italian language translator means "tradutore" but he may become "traditore" meaning hereby traitor. In the light of this I remember what the said two translators have said in the preface to the said translated Code: "The English version constantly departs from the tempting path of transliteration in order to adapt itself to the cognizable judicial language familiar to Anglo American jurists and parishioners, without sacrificing fidelity and preciseness in meaning of the text drafted in its original form. Though written in a different language, it carefully transposes into cultural and philosophical symbols used by American practitioner." We came across few words which created difficulties in the matter of translation: a) Servidão: The word "servidão" is used in Article 325(3) of the Code of Comunidades of 1961. There are two interests involving easement: dominant and servient. The reason is that as per the Anglo Indian rules expression used is with reference to dominant/beneficiary, (active interest), whereas in Latin origin the concept used is with reference to (passive interest). Definition of "servitude" may be seen in the Black's law Dictionary, 6th edition as: "servitude: The state of the person who is subjected, voluntarily or otherwise, to another person as his servant. A charge or burden resting upon one estate for the benefit or advantage of another; a species of incorporeal right derived from the civil law (see Servitus) and closely corresponding to the "easement" of the common law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estate to which it accrues." I therefore used the word "easement" instead of servitude. b) Hypothecation: There was also a difficulty in translation of the word 'hypothecation' which is found in Article 279 of the Code of Communidade. The word 'hypothecation' is found in the Portuguese Civil Code in Article 888 i.e. creation of security in moveable or immoveable. However, there is no corresponding equivalent either in the Indian Contract Act, 1872, nor in the Transfer of Property Act, 1882. There is a reference to the guarantee by of 'Charge' in Section 100 of the Transfer of Property Act, 1882, but that speaks of immovable property and not moveable property. Hypothecation under Indian Law however, is only of moveable property but without statutory recognition. In this context, reference may be made to the Judgement of the High Court of Andhra Pradesh in the case of State Bank of India v. S. B. Shah Ali (died) & Ors., reported in AIR 1995 AP 134, wherein it is said at para 18 and 19 that 'hypothecation' is not a statutory creation but is a usage in mercantile field times immemorial, and according to that the possession is never with the creditor but with the debtor. As per Article 888 of the Civil Code guarantee could be created in favour of the creditor as regards the property, moveable or immoveable, without parting with the possession. In the absence of such a provision, since the purpose was of offering security, the same was translated as 'mortgage' with the clear understanding that 'hypothecation' is not recognized in the Indian Law. It may be noted that reference to the word 'hypothecation' in the Indian Law is found only in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, under Section 2(n) . However, the term 'hypothecation' therein is qualified by the words - "as a security for financial assistance and includes floating charge and crystallization of such charge into fixed charge on moveable property". The legislation would, therefore, come into play only when there is a case of financial assistance. Wharton's Law Lexicon, 15th Edition, speaks of 'hypothecation' as a 'pledge' wherein the possession is retained. However, in case of a pledge it is implicit that the possession is with the creditor. Therefore, hypothecation under Portuguese law has been translated as "mortgage". c) Usufruct The word 'usufruct' is foreseen in the Civil Code under Article 2197 onwards. However, there is no reference in the Indian Law to usufruct as a guarantee. Therefore, there is no equivalent to usufruct as a guarantee as it appears in the Civil Code. Reference to usufruct is found in the chapter of mortgage while dealing with usufructuary mortgage. d) Arrendamento Under Portuguese Civil Code sale, gift, hypothecation, arrendamento, renting (locatio) were contracts. Therefore renting was known as "arrendar". Under Indian law though basic foundation of Transfer of Property is a contract, yet the reason best known to the framer of the law, leases, mortgagees have been brought under the umbrella of the Transfer of Property Act, 1882 without any valid reason. One could understand that in a case of gift or sale there is a conveyance, but it would not be correct to say that in the case of mortgage or lease there is a conveyance. If the translation of chapter V starting from 317 of the Code of Comunidade, 1961, as renting it would have been difficult to explain the position. Therefore for convenience it has been translated as "lease". Reference to the concept of arrendamento is made in the Portuguese Civil Code in Article 1595 which reads thus: Article 1595 "There is a contract of locatio (renting) , when anyone hands over to another, for a certain period and against specific rent, the use and enjoyment of certain things." Reference may also be made to Article 1596 of Portuguese Civil Code which reads thus: Article 1596 "The locatio is said to be arrendamento (renting) , where it pertains to immovable property, if it is related to movable, it is called hire." The "contract of locatio" is nothing but arrendamento of immovable property. Definition of "locatio" may be seen in Wharton's Law Lexicon, 15th edition which reads thus: "Locatio: hire, a letting out" Following this techniques we had to make many adjustments for e.g. there is a chapter dealing with "renting the paddy fields and giving on rent for a long period (Article 317 of the Code of Comunidade) and normal renting see for lease period in Article 291 of the Code of Comunidade, 1961, onwards for a period of three years. For convenience purpose, I adopted the word "lease" whereas lease being part of the Transfer of Property Act, creates interest in the property whereas under Portuguese Code it was a matter of contract and does not create any interest in the land. The translator of earlier compilation had translated the heading of chapter V starting from Article 317 of the Code of Comunidade as of "long term leases", whereas for chapter VI starting from article 324 of the Code of Comunidade (aforamento) translated as permanent leases. e) Aforamento There is chapter with heading "Dos aforamento ou enfiteuses" , whereas there is prior Chapter VI starting from Article 324 of the Code of Comunidade where as there is another chapter V called "Dos arrendamentos a longo prazo" starting from article 317 of the Code of Comunidade. If I translate article 324 of the Code of Comunidade, I would have said "aforamento" "In Portuguese term, but using English terminology it would be "emphytheusis". Earlier chapter V starting from Article 317 of the Code of Comunidade as contract of "arrendamento" (renting for a long period). But the long period is restricted to 18 years as per paragraph 1 of article 317 of the Code of Comunidades, 1961. The concept of emphyteusis is explained in Wharton's Law Lexicon, 15th edition which reads thus: "Emphyteusis, the jus emphyteuticarium, or as it is more generally called, emphyteusis, was right of enjoying all fruits, and disposing at pleasure of the property of another, subject to the payment of a yearly rent (pension or canon) to the owner." It was perpetual and even non payment of foro could not entail eviction as said in article 1671 of the Code. Much to the contrary the right of grantor would be only to recover the foro not more than five years in default. But in case of rental non payment of rent would entail eviction. These are therefore two completely diametrical opposite concepts which the translator of earlier time compilation brought it under one regime and it was a difficult task to convince the judge on the face of the government translation. Grant of "aforamento" was the power of the government as stated in article 153 clause 9 of the Code of Comunidade which has been translated as follows: Article 153 (9) "To grant letting by leases (aforamento), to authorize the exchange of lands of comunidades and determine its reversion." The translator deserves compliments because he used "aforamento" which would save the case of the party. Reference may be made to Article 1653 of Portuguese Civil Code which deals with Aforamento which reads as follows: Article 1653 "There is contract of "emprazamento", "aforamento" and "enfiteusis", when the owner of any property transfers its dominium utile to another person, the latter undertaking to pay him certain specific pension which is called "foro" or "canon". Dr. Luis da Cunha Gonçalves, in his Treatise on the Civil Code Vol. IX page. 211, commenting on "emphyteusis", writes: "1301. Origin and historic evolution of the contract of "emprazamento" or "enfitêuse" - The contract of "emprazamento", "aforamento" or "enfitêuse" is one of the oldest form of contract which the European law created; and so widely spread and entered into to give effect to, that the majority of modern legislations adopted it and there are quite a few jurists who have not dealt with the same. Three different names were given to such contract by the old jurists and the legislature adopted them in Article 1653; but only the word "emphyteusis" is the classical term of the universal use; whereas the word "emprazamento" is less justified, even though in Portugal it has been used for quite a long time since the Ordinances, book iv, title 37, designate as "prazos" the emphyteutic property. Originally, "emprazamento" was meaning any contract or reciprocal "prazo", however, from the 14th century, the same word started having the meaning of "emphyteusis" . The word "emphyteusis" is of Greek origin and means "plantation" or simply "cultivation". It shows that this contract came to us from old Greece. From the time of Republics and Kingdom of Esparta and Lacedemonia, this name was given to concessions (grants) , which the public domain was making to the private persons of the uncultivated lands, which the State could not cultivate directly and the citizens could not acquire by purchase. Therefore, because the contract of renting was not sufficiently encouraging, and would not give any security nor compensate for the works put in by agriculturists, who were subject to eviction exactly when that land was started to give produce, the State was demanding a small annual installment, and such concessions (grants) were perpetual or for long period and had for one of the condition of exploring the land and bringing it under cultivation. The installment which the concessionaire was paying was in cash or kind and was called "canon" - denomination even subsisting; this installment was not clearly equivalent to the value of the land, but was affirmation of the domain of the grantor, even though the grantee has full enjoyment of the land and could transmit the same to his heirs with same juridical obligations. This institution was born principally on account of lack of cultivators and lack of incentive to the few who were knowing the art of cultivation. In the old Rome, similar economic and social necessities had raised an identical juridical institution, but in classical Roman law this institution was not designated in the same name; the old jurists were mentioning it as "locação perpetual (si qua res in perpetuum locata sit, quod evenit in praediis municipum) and they were granted as agri vectigales or municipal land, or also the land of the Emperor or latifundists (large estate holders)." To understand the mechanism in English law it is profitable to extract a passage from Black's Law Dictionary, 6th edition: "Feudal law. The mode or system of holding lands or tenement in subordination to some superior which in feudal ages, was the leading characteristics of real property. Tenure is a direct result of feudalism, which is separated the dominium directum (the dominion of soil) which is placed, mediately or immediately in the crown, from the dominium utile (the possessory title) the right to use and profit in the soil designated by term "Seisin" which is the highest interest of a subject an acquired." VI Distinction between "arrendamento" and "aforamento" at glance a. "Arrendamento" is a transaction between the landlord and the tenant while "aforamento" is a transaction between the owner and a stranger. b. "Arrendamento" is for a certain period (Article 1595 of the Portuguese Civil Code and Section 105 of the Transfer of Property Act, 1882) whereas "aforamento" is perpetual. c. In case of "Arrendamento" rent which is payable by the tenant to the landlord is as per the agreement between the parties whereas, in "aforamento", foro is a sum of amount fixed by grantor which is payable by the grantee to the grantor in recognition of the superior rights of the grantor. d. In case of "aforamento", after passage of 20 years the foro is may be redeemed by payment of 20 years of installments and one more additional installment if levable and with such payment both the interest, dominium directum merge into dominium utile and the contract of emphyteusis comes to an end and the grantee becomes fullfledged owner. e. "Arrendamento" can be terminated; "aforamento" cannot be terminated even on account of non payment of foro. The right of the grantor is only to recover the foro of last 5 years. f. In case of "aforamento" the grantee is entitled to gift, mortgage the property, the transferee being subject to payment of foro. Before concluding, I must record that I could complete my task due to tireless efforts and valuable assistance given by co-translator, Mr. Egipcio Noronha Rodrigues. Notifications ### 13. -1-94-RD. - In pursuance of clause (ix) of Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, read with section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa hereby amends the Notification No. 13/1/94-RD dated 9-6-1995, published in the Official Gazette, Series I, No. 14 dated 6-7-1995 (hereinafter called the 'said Notification'), as follows:- In para 1 of the said Notification after the expression "sportsmen of Goan origin of the State of Goa", the words "who are landless and" shall be inserted. ### 17. /99/96-RD. - In pursuance of clause (ix) Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, the Government of Goa hereby notifies the following category for the purposes of said Article 334-A of the said Legislative Diploma No. 2070 dated 15-4-1961:- "The landless employees of the High Court of Judicature at Bombay, Goa Bench, Panaji, who were employees of the erstwhile Court of the Judicial Commissioner, Panaji".
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State of Karnataka - Act -------------------------- The Karnataka State Minorities Commission Act 1994 ---------------------------------------------------- KARNATAKA India The Karnataka State Minorities Commission Act 1994 ==================================================== Act 31 of 1994 ---------------- * Published in Gazette 31 on 3 October 1994 * Assented to on 3 October 1994 * Commenced on 3 October 1994 The Karnataka State Minorities Commission Act 1994 [3rd October 1994] Act No. 31 of 1994 Preamble— An Act to constitute a State Commission for minorities and to provide for matters connected there-with or incidental thereto. WHEREAS it is expedient to constitute a State Commission for minorities and to provide for mat-ters connected therewith or incidental thereto ; BE it enacted by the Karnataka State Legislature in the forty-fifth year of the Republic of India, as follows :- Chapter I Preliminary -------------------------- ### 1. Short title and commencement.— (1) This Act may be called the Karnataka State Minorities Commission Act, 1994. (2) It shall extend to the whole of the State of Karnataka. (3) It shall come into force at once. ### 2. Definitions.— In this Act, unless the context otherwise requires,.— (a) "Commission" means the Karnataka State Minorities Commission constituted under section 3 of the Act; (b) "Government" means the Government of Karnataka; (c) "member" means a member of the Commission; (d) "minorities" means the persons belonging to minority communities residing in the State of Karnataka whom the Government has recognised as minorities. Chapter II State Commission for Minorities ----------------------------------------------- ### 3. The Constitution of the Commission.- (1) As soon as may be after the commencement of this Act, the Government shall constitute a body to be called as the Karnataka State Minorities Commission to exercise the powers con-ferred on and to perform the function assigned to it under this Act with its headquarters at Ban-galore. (2) The Commission shall consist of,- (a) the Chairman who shall be a person of a minority community and eight other members from the minority community holding a degree from a recognized university out of which not less than one each member shall be from Christian, Jain, Buddhist, Sikh and Zorostrian (Parsis) community. (b) the Secretary of the Commission, appointed by the Government being an officer not below the rank of Deputy Secretary to Government. Provided that at least one such member shall be a woman. ### 4. Term of office and conditions of service of the Chairman and members.- (1) Subject to the pleasure of the Government, the Chairman and members of the Commission shall hold office for a term of three years from the date they assume their offices. (2) The Chairman or a member of the Commission may resign from his office in writing under his signature addressed to the Government, but shall continue in office until his resignation is accepted. (3) The Chairman shall receive such salary and allowances and the other members shall receive such allowances as may be prescribed. (4) The salary and allowances payable to the Chairman and allowances payable to other mem-bers shall be defrayed out of the grants referred to in sub-section (2) of section 12. (5) A casual vacancy in the office of a member shall be filled up as soon as may be, by the au-thority concerned and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor. ### 5. Disqualification for office of membership.- (1) A person shall be disqualified for being appointed as and for being continued as the Chair-man or a member as the case may be, if he ,- (a) has been convicted and sentenced for imprisonment for an offence which in the opi-nion of the Government involves moral turpitude; or (b) is of unsound mind and stands so declared by a competent court; or (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or (e) refuses to act or becomes incapable of acting; or (f) without obtaining leave of absence from the Commission, absents from three consecu-tive meetings of the Commission; or (g) has in the opinion of the Government, so abused the position of chairperson or member as to render that person's continuance in office is detrimental to the interests of the mi-norities or the public interest: Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter. (2) Any person who is disqualified under sub-section (1) shall be removed by the Government. ### 6. Secretary .- (1) The Secretary shall receive such salary and other allowance as the Government may deter-mine from time to time. (2) The Government may grant from time to time leave of absence to the Secretary. (3) The Secretary shall be the Chief Executive of the Commission and shall ,- (a) operate the grants of the Commission; (b) cause to be maintained accounts of the Commission; and (c) discharge such other functions, which are conferred on him by or under this Act or any other law for the time being in force. ### 7. Staff of the Commission .- (1) The Government shall provide such staff to the Commission, as may be required for the proper functioning of the Commission. (2) The administrative expenses of the Commission including the salaries, allowances and pensions payable to the Secretary and other officers and staff of the Commission shall be paid out of the grants referred to in sub-section (2) of section 12. ### 8. Meetings of the Commission .- (1) The Commission shall meet as and when necessary at Bangalore or at other places as the Chairman may think fit: Provided that the Commission shall meet atleast once in three months. (2) The Commission shall regulate its own procedure. (3) All the orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorised by the Secretary in this behalf. ### 9. Vacancies etc., not to invalidate proceedings of the Commission.- No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or deficit in the constitution of the Commission. Chapter III Functions of the Commission -------------------------------------------- ### 10. Functions of the Commission.- (1) The functions of the Commission shall be as follows :- (a) to examine the working of various safeguards provided in the Constitution and in the laws passed by the State Legislature for the protection of minorities; (b) to make recommendations with a view to ensuring effective implementation and en-forcement of all the safeguards; (bb) to make recommendations for implementing the Prime Ministers new 15 Point Pro-gramme. (c) to monitor the working of the safeguards provided in the constitution, laws enacted by the State Legislature and policies and schemes of the Government for minorities; (d) to conduct studies, research and analysis on the questions of avoidance of discrimina-tions against minorities; (e) to make a factual assessment of the representation on minorities in the services of the Government undertakings, Government and quasi-Government bodies and in case re-presentation is inadequate, to suggest ways and means to achieve the desired level; (f) to make recommendations for ensuring, maintaining and promoting communal har-mony in the State; (g) to make periodical reports at prescribed intervals to the Government; (h) to study any other matter which in the opinion of the Commission is important from the point of view of the welfare and development of minorities and to make appropri-ate recommendation; (i) to consider the grievances of the minorities and to suggest appropriate solution from time to time; (j) to look into specific complaints regarding deprivation of rights and safeguards of mi-norities and take up such matter with the appropriate authorities: Provided that if any matter specified in sub-section (1) is undertaken by the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992 (Central Act 19 of 1992), the State Commission for Minorities shall cease to have jurisdiction in such matters. (2) The Government shall cause the recommedations of the Commission to be laid before each House of the State Legislature along with the memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non-acceptance, of any such recommendations. ### 10A. Powers of Commission:- The commission shall, while performing any of the functions mentioned in sub-section (1) of section 10 have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of State and ex-amining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter as may be prescribed. ### 11. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Commission or Chairman, any member thereof or any persons acting under the direction of the Commission, in respect of anything which is done in good faith or intended to be done in pursuance of this Act, by or under the authority of Commission or any report, paper or proceedings of the Commission. Chapter IV Finance, Accounts and Audits -------------------------------------------- ### 12. Budget of the Commission and grants by the Government.- (1) The Commission shall prepare every year before such date and in such form, as may be pre-scribed a budget estimates of its income and expenditure for the financial year to commence on the first day of April next following and shall forward it to the Government. (2) The Government shall, after due appropriation made by the State Legislature by law in this be-half, pay to the Commission, by way of grants such sums of money as the Government may think fit for being utilised for the purpose of this Act. (3) The Commission may spend such sums out of the grant as it thinks fit for performing the func-tions under this Act and such sums, shall be treated as expenditure payable out of the grants referred to in sub-section (2). ### 13. Accounts and audit.- (1) Accounts of the income and expenditure of the Commission shall be kept in accordance with such rules, as may be prescribed. (2) The Commission shall prepare an annual statement of accounts in such form as may be pre-scribed. (3) The accounts of the Commission shall be audited annually by such auditor as the Government may appoint. (4) The auditor shall for the purpose of the audit have access to all the accounts and other records of the Commission. (5) The Commission shall pay out of the grant such charges for the audit as may be prescribed. (6) As soon as may be after the receipt of the report of the auditor, the Commission shall send a copy of the annual statement of accounts, together with a copy of the report of the auditor to the Government and shall cause to be published the annual statement of accounts in such manner as may be prescribed. (7) The Government may, after perusal of the report of the auditor, give such directions, as it thinks fit, to the Commission and the Commission shall comply with such directions. ### 14. Annual Report.- The Commission, shall prepare in such form and at such time for each financial year, as may be prescribed its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Government. ### 15. Annual report and audit report to be laid before the State Legislature.- The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the State Government, and the reasons for the non-acceptance, if any, of any of such recommendations to be laid, as soon as may be, after the reports are received, before each House of the State Legislature. The Commis-sion may, at its direction, submit from time to time, special reports on any matter of public im-portance to the Government. Chapter V Miscellaneous ---------------------------- ### 16. Chairman etc to be public servants.- The Chairman and every member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Act, shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). ### 17. Power to make rules.- (1) The Government may, after previous publication by notification, in the official Gazette, make rules for the purposes of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for,- (a) to determine the status of Chairman of the Commission; (b) the salary, allowances and other emoluments payable to the Chairman, the allowances payable to other members of the Commission and other conditions of service. (c) any other matter which is to be or may be prescribed in pursuance of the provisions of the Act and that provision is in the opinion of the Government, necessary for the prop-er implementation of this Act. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and, if before the expiry of the session in which it is so laid or the session immediately following the sessions aforesaid both Houses agree in making any modifications in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be with-out prejudice to the validity of anything previously done under that rule. ### 18. 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 order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.
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State of Tamilnadu- Act ------------------------- The Chennai Corporation Servants Conduct Bye-Laws --------------------------------------------------- TAMILNADU India The Chennai Corporation Servants Conduct Bye-Laws =================================================== Rule THE-CHENNAI-CORPORATION-SERVANTS-CONDUCT-BYE-LAWS of 1800 ---------------------------------------------------------------- * Published on 1 January 1800 * Commenced on 1 January 1800 The Chennai Corporation Servants Conduct Bye-Laws ### 1. Short title and application. (1) These bye laws may be called the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Corporation Servant's Conduct Bye-Laws, 1983. (2) They shall apply to all persons appointed to the posts in Class III and IV services of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Corporation establishment. ### 2. Definitions. - In these bye-laws, unless the context otherwise requires,- (a) "Corporation" means the Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] ; (b) "Corporation servant" means any person appointed to the posts in Class III and Class IV service of the Corporation establishment. Explanation. - A Corporation servant whose services are placed by the Corporation at the disposal of the Government, a company, Corporation or organisations or another local authority shall, for the purposes of these bye-laws, be deemed to be a Corporation servant serving under the Corporation notwithstanding that his salary is drawn from sources other than from the Commissioner, Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] ; (c) "Commissioner" means the Commissioner, Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] ; (d) "member of the family" in relation to Corporation servant includes - (i) the wife, child or step child of such Corporation servant whether residing with him or not and in relation to a Corporation servant who is a woman, the husband residing with her and dependent on her; and (ii) any other persons related, whether, by blood or by marriage to the Corporation servant or to such Corporation servant's wife or husband and wholly dependent on such Corporation servant, but does not include a wife or husband legally separated from the Corporation servant, or a child or step child who is no longer in any way dependent upon him or her or of whose custody the Corporation servant has been deprived of by law. ### 3. Gifts. (1) Save as otherwise provided in these bye-laws, no Corporation servant shall, except with the pervious sanction of the Commissioner, accept or permit his wife or any other member of his family to accept from any person any gift: Provided that the sanction of the Commissioner shall not be necessary for the acceptance of- (a) gifts from a person other than a personal friend or relative of a value not exceeding Rs. 50 (Rupees fifty only) or 1/4th (one fourth) of the monthly emoluments of the Corporation servant concerned, whichever is less on occasions other than those covered by sub-clause (b); (b) gifts from a personal friend of a value not exceeding Rs. 200 (Rupees two hundred only) on special occasions such as wedding, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs; (c) gifts from relatives without any monetary limit regarding their value on special occasions such as wedding, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs. Explanation. - (1) For the purpose of this clause, any key or other similar articles offered to a Corporation servant at the laying of a foundation stone or the opening of a public building or any ceremonial function shall be deemed to be a gift. (2) If any question arises whether any gift is one which can be accepted without the permission of the Commissioner or if a Corporation servant is in any doubt whether a gift offered to him is one which can be accepted without the permission of the Commissioner, a reference shall be made to the Commissioner by such Corporation servant and the decision of the Commissioner thereon shall be final. (3) Nothing in this by-law shall be deemed to prevent any corporation servant from sitting, at the request of any public body, for a portrait, bust or statue not intended for presentation to him. (4) Corporation servant shall not make a habitual use of vehicles and animals belonging to persons other than a member of his family or to travel free of charges, in any vehicles plying for hire. ### 4. Public demonstration in honour of Corporation servants. - No Corporation servant shall, except with the previous sanction of the Commissioner, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Corporation servants: Provided that nothing in this by-law shall apply to- (a) farewell entertainment of a substantially private and informal character held in honour of a Corporation servant or any other Corporation servant on the occasion of his retirement or transfer of any person who has recently quit the service of the Corporation ; or (b) the acceptance of simple and inexpensive entertainment arranged by public bodies or institution; or (c) the sitting for or acceptance of a copy of group photograph of the officers and servants of his office or department on the occasion of his transfer or retirement. ### 5. Subscriptions. (1) Save as provided in clause (3), no Corporation servant shall, except with the previous sanction of the Commissioner, ask for or accept contributions to, or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever. (2) Permission may, after due consideration, be accorded in all cases where the Government support the institution concerned by way of grants or otherwise. (3) In the case of Flag Day collections, Corporation servants may participate on a voluntary basis. ### 6. Investments, lending and borrowing. (1) No Corporation servant shall speculate in any investment. Explanation. - The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be speculation investments within the meaning of this clause. (2) No Corporation servant shall make or permit any member of his family to make any investment which is likely to embarrass or influence him in the discharge of his official duties. (3) If any question arises whether a security or investment Is of the nature referred to in clause (1) or clause (2), the decision of the Commissioner thereon shall be final. (4) No Corporation servant shall, except with the previous sanction of the Commissioner, lend money to any person possessing land or valuable property within the local limits of his authority or at interest to any person: Provided that a Corporation servant may make an advance of pay to a private servant, or give a loan of a small amount free of interest to personal friend or relative, even if such person possesses land or valuable properly, within the local limits of his authority. (5) No Corporation servant shall, save in the ordinary course of his business with a bank or a firm of standing, borrow money from or otherwise place himself under pecuniary obligation to any person within the local limits of his authority, or any other person with whom he is likely to have official dealings nor shall permit any member of his family, except with the previous sanction of the Commissioner to enter into any such transaction : Provided that a Corporation servant may accept a purely temporary loan of a small amount, free of interest, from a personal friend or relative or operate a credit account with a bonafide tradesman. (6) When a Corporation servant is appointed or transferred to a post of such nature as to involve him in the breach of any of the provisions of clause (4) or clause (5), he shall forthwith report the circumstances to the Commissioner, and shall, thereafter, act in accordance with such orders as may be passed by the Commissioner. (7) Corporation servant may become member of, and place deposits in, non-agricultural co-operative societies, including the Tamil Nadu Co-operative Bank Limited and other Central Banks. (8) Corporation servant may place deposits in, and purchase debenture of, the Tamil Nadu Co-operative Central and Land Mortgage Bank Limited, but shall not hold an office therein or take any part in the management thereof. (9) A Corporation servant may, with the previous sanction of the Commissioner, become a member of a Land Mortgage Bank or House Mortgage Bank, provided that he already owns land or house, as the case may be, in the area within the jurisdiction of such bank, but shall not hold any office therein or take any part in the management thereof. (10) If a Corporation servant is appointed or transferred to any area within the jurisdiction of a Land Mortgage Bank or House Mortgage Bank of which he is a member, he shall, at once, bring the fact to the notice of his immediate superior who, if he has authority to do so, may re-post the Corporation servant to an area outside the jurisdiction of that bank, or if he has no authority to do so, submit the case for the orders of the officer having such authority. (11) Corporation servant may take out insurance policies from, and become member of, the South India Co-operative Insurance Society Limited. (12) Corporation servant may become member of Co-operative House Building Societies. Explanation. - Co-operative House Building Societies aforesaid shall include all types of Co-operative Societies whose object is the construction of houses for their members or the grant of loans for such construction by their member. (13) Notwithstanding anything contained in this by-law, a Corporation servant may borrow money from a Co-operative society of which he is a member, provided that the borrowing is on personal security, the surety shall be a status equal to or higher than, that of the borrower. (14) The prohibition against lending and borrowing of money applies to all loans, creditors, advances, supply of articles or accommodation at unduly low rates for insufficient consideration and to sales of property for inordinately low prices. (15) The fact that a Corporation servant lending money in acting as an executor, administrator or as a trustee without profit or advantage to himself shall not exempt him from the operation of this by-law. (16) A Corporation servant who belongs to Joint Hindu family carrying on the business of money lending as an ancestral profession is exempted from the prohibition, provided that he takes no active part in the business and is not employed in a place in which, the business of the joint Hindu family is carried on. (17) A Corporation servant engaged in teaching is prohibited from having pecuniary relations with any pupil or ex pupil or parent or guardian of any pupil, ex pupil or with the staff of establishments of the school in which he is employed. ### 7. Movable, immovable and valuable property. (1) No Corporation servant shall, except after notice to the Commissioner, acquire or dispose, of any immovable property by lease, s mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family. Such notice will be necessary even where any immovable property is acquired by any member of the family of the Corporation servant out of the resources of the Corporation servant: Provided that any such transaction conducted otherwise than through regular reputed dealer, shall require the previous sanction of the Commissioner: Provided further that the previous sanction of the Commissioner shall not be necessary for the acquisition of immovable property assigned by the Government to the Corporation servant. (2) A corporation servant who enters into any transaction concerning any movable property exceeding two thousand rupees in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the Commissioner: Provided that no Corporation servant shall enter into any such transaction except with or through regular or reputed dealer or agent or with the previous sanction of the Commissioner: Provided further that a Corporation servant who is about to quit the local limits of his official authority may, without reference to the Commissioner, dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction. Explanation 1. - For the purpose of this clause, the expression "movable property" includes the following property, namely :- (a) jewellery, insurance policies, shares, securities and debentures; (b) loans advanced by such corporation servant, whether secured or not; (c) motor cars, motor cycles, horses or any other means of conveyance;and (d) refrigerators, radios and radiograms. Explanation 2. - For the purpose of clauses (1) and (2), the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961 ) or any Housing Unit established by the said Board or a society under the Tamil Nadu Co-operative Societies Act, 1961 [(Tamil Nadu Act 53 of 1961)] Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act [17 of 1961 ) has be repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983 ).] shall be deemed to be a regular or reputed dealer. (3) Every corporation servant shall, within three months of his first appointment to the corporation service and thereafter at intervals of every twelve months, submit a return as required by clause (7) in Form A appended to these by-laws of all immovable properties owned, acquired or inherited by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person. (4) The Government or any authority or officer empowered by them in this behalf may, at any time, by general or special order, require a Corporation servant to submit, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the authority or officer so empowered, include details of the means by which, or the source from which such property was acquired. (5) The prescribed authority for the purpose of this by-law shall be the Commissioner. (6) Whenever a Corporation servant, by inheritance, succession or bequest, becomes possessed of immovable property in the place in which he is employed or of such interest in such immovable property as is contemplated by this by-law, he shall communicate all particulars thereof through the usual channel to the prescribed authority. (7) Every member of a corporation service shall submit not later than the 15lh January each year, through the usual channel to the prescribed authority, a statement in Form A appended to these by-laws, showing all the immovable property of which he stood possessed or in which he had an interest at the close of the preceding calendar year : Provided that if in any year a corporation servant has neither acquired nor relinquished or otherwise disposed of any immovable property or any interest in immovable property, he need not submit the statement referred to above: Provided further that in respect of immovable property acquired by any member of his family to a Corporation servant shall furnish a certificate to the Commissioner in the following form along with the Statement of immovable property referred to above. The immovable properties mentioned in the statement annexed have been purchased by..............(here give the name of the purchaser, etc. and the nature of relationship to Corporation servant) out of funds not belonging to me, 1 have no responsibility in regard to the transaction. (8) If a Corporation servant receives an order of transfer to a place in which he possesses or has an interest in immovable property, he shall, at once, bring the fact to the notice of his immediate official superiors. (9) The head of the department shall maintain a register in Form B appended to these by-laws showing all immovable properties held by each Corporation servant and shall revise it each year with reference to the particulars furnished under clause (7) above. (10) Any attempt to mislead and any failure to give full and correct information shall render the Corporation servant concerned liable to dismissal from service. (11) The restrictions on the acquisition and possession of immovable properly shall apply to the acquisition and possession of any personal interest in such property and to the acquisition and possession of such property by a Corporation servant in the name of any other person, but not the acquisition or possession of an interest as trustee, executor or administrator only. (12) Except in accordance with the Standing Order of the [Board of Revenue] The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act [36 of 1980 ). Now, the Standing Order of Board of Revenue is called as Revenue Standing Order.] , no Government land shall be sold or granted on lease to any Corporation servant. (13) (a) A Corporation servant shall not acquire land or other immovable properties except with the prior permission from the Commissioner. (b) An annual statement shall be submitted to the Commissioner by the heads of the departments not later than the 15th January in each year, of cases in which special permission has been granted by them for - (i) the acquisition by a Corporation servant of immovable properly in the place to which he has been transferred; (ii) the retention by a Corporation servant of immovable property in a place to which he has been transferred. (c) Nothing contained in sub-clauses (a) and (b) shall apply to the acquisition of land including house sites through the Tamil Nadu Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961 ) or any Housing Unit established by the said Board or a Society registered or deemed to be registered as a Co operative Society under the [Tamil Nadu Co-operative Societies Act, 1961] This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act [30 of 1983 ).] (Tamil Nadu Act 53 of 1961) or any other law for the time being in force. (14) In the case of a family governed by the Marumakkulthayam or Aliyasantana Law, a junior member, who is a Corporation servant shall not ordinarily be required to obtain sanction, when immovable property is acquired by the managing member on behalf of the family, but this exception shall not apply to any acquisition, even though made in the name of the karnavan or yejman if it is shown that it is really intended to be the self acquired property of the Corporation servant. (15) The annual return shall include all immovable properties acquired or registered in the name of the Corporation servant either on his own account or as a trustee, executor or administrator or temple mirasdar or acquired or registered in the name of, or held or managed by his wife or by any other member of his family living with or in any way dependent on him. In the case of a Corporation servant who follows the Marumakkulthayam or Aliyasanthana Law, the statement shall include acquisition of immovable property by his consort. ### 8. Private trade or employment. - No Corporation servant shall, except with the previous sanction of the Commissioner, engage himself directly or indirectly in any trade or business or undertake any employment: Provided that the Corporation servant may, without such sanction, undertake honorary work of a social or scientific character, subject to the condition that his official duties do not thereby suffer, but he shall not undertake or shall discontinue such work if so directed by the Commissioner: Provided further that nothing contained in this clause shall be deemed to require a Corporation servant who is nominated by the Government as a member of an official body or a non-official body or an organisation or who seeks election as a member of a University body by virtue of the post of Headmaster held by him to obtain the previous sanction of the Commissioner for undertaking and discharging his duties as such member. Explanation. - Canvassing by a Corporation servant in support of the business of insurance agency and such like owned or managed by his wife or any other member of his family shall be deemed to be a breach of this clause. (2) No Corporation servant shall, except with the previous sanction of the Commissioner, take part in the registration, promotion or management of any bank or company registered under the Banking Companies Act, 1949 (Central Act X of 1949), or the Companies Act, 1913 (Central Act VII of 1913), or the Companies Act, 1956 (Central Act 1 of 1956), or any other law for the time being in force : Provided that a Corporation servant may, subject to clauses (7) to (10), take part in the registration, promotion or management of a co-operative society registered or deemed to be registered under the [Tamil Nadu Co operative Societies Act, 1961] This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act [30 of 1983 ).] (Tamil Nadu Act 53 of 1961) or any other law for the time being in force or of a literary, scientific or charitable society registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975 ) or any other law for the time being in force. (3) (a) A Corporation servant shall not act as an arbitrator in any case without the sanction of the Commissioner unless he be so directed to act by a Court having authority to appoint an arbitrator. (b) No Corporation servant shall act as an arbitrator in any case which is likely to come before him in any shape by virtue of executive office which he maybe holding. (c) If a Corporation servant acts as an arbitrator at the private request of the disputants, he shall not accept any fees. (d) If he acts by appointment of a Court of Law, he may, notwithstanding anything contained in Subsidiary Rule 4 under Fundamental Rules 46 and 47, accept such fees as the Court may fix. (4) (a) A Corporation servant shall not, without the permission of the Commissioner, publish any book or engage himself habitually in literary or artistic work of any kind. (b) Permission to publish a look shall ordinarily be given subject to the condition that the Corporation servant does not use his time and official influence for promoting the sale of copies of the book. (c) Permission to accept remuneration on "royalty basis" from the publishers shall be given in all cases except in the case of text books for use in educational institutions. In the case of text books, permission to accept remuneration shall be given subject to the condition that the Corporation servant retains no interest in the sale of copies of the book and that he receives only a lumpsum as remuneration from the publisher. Explanation. - For determining whether a book is a text book or is a general book, the chief consideration shall be whether it is being submitted to the text book committee, in the case of the text book for elementary and secondary schools and whether it is a book written according to the syllabus prescribed by the University and is being submitted to the appropriate University body for approval, in case of text books for colleges. A general book which may later happen to be approved as a text book shall not be deemed to be a text book for purposes of this clause. (d) While applying to the Commissioner for permission to publish a book which relates to acts or policies of Government, the Corporation servant shall submit to the Government for scrutiny a manuscript copy thereof. (e) No Corporation servant, who is a member of the textbook committee shall write or edit any text book for use in a recognised school during his membership of the Committee. Explanation. - "A recognised school" shall mean a school maintained by or opened with the sanction of the Government or to which recognition has been accorded under the Tamil Nadu Education Rules or under the rules framed under the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920). (5) A Corporation servant may, without a previous permission of the Commissioner, engage for driving his car, the peon assigned to him, but such engagement shall be a private engagement between the officer and the peon and shall not form part or, interfere in any manner with the normal official duties of such peon. (6) The employment of a Corporation servant by an Officer in making purchases or in any private matter in which the receipt of expenditure of money is concerned is most strictly prohibited. Nothing in this by-law shall preclude an officer from employing a Corporation servant providing for him a conveyance or necessary supplies while he is travelling on duty though in all such transactions constant vigilance is needed to prevent cheating and extortion. (7) No Corporation servant in the Public Health and Medical Department shall maintain or have any financial interest in a private nursing home, hospital or similar establishment. Nor shall habitually accommodate paying patients in his own residence for more than 24 hours. He may, however, treat patients in a private nursing home, provided that the home is not reserved for the admission of his own cases and allows admission of patients of any other registered medical practitioner. (8) No Corporation servant shall accept a paid employment in any company, mutual benefit society or co-operative society or act as an agent, whether paid by salary or commission to any insurance company or society: Provided that a Corporation servant may take part in the management of mutual benefit society, if he has first obtained the sanction of the Commissioner and certificate from him to the effect that the work undertaken will be performed without detriment to his official duties and such Corporation servant does not accept a remuneration. (9) Corporation servant shall be at liberty to take part in the promotion of cooperative societies, but no Corporation servant shall, except with the sanction of the Commissioner, hold office in any co-operative society or serve on any committee appointed for the management of its affairs unless the society is composed wholly of Corporation servants or partly of Corporation servants and partly employees of Government: Provided that the Corporation servant may hold office in co-operative house building societies or serve on any committee appointed for the management of its affairs. Explanation. - Co-operative house building societies aforesaid shall include all types of co-operative societies whose object is the construction of houses for their members or the grant of loans for such construction by their members. (10) Subject to the sanction and certificate referred to in clause (8) and notwithstanding anything contained in Subsidiary Rule 4 under Fundamental Rules 46 and 47, a Corporation servant, who is a member of a co-operative society composed wholly of Corporation servants or partly of Government servants may accept remuneration for keeping the accounts of the society. (11) The Commissioner may grant permission to Corporation servant to attend and take part in such of the meeting, conference and committees in which the Government have agreed to participate. ### 9. Insolvency and habitual indebtedness. - A Corporation servant shall endeavour to avoid habitual indebtedness or insolvency. If a Corporation servant is adjudged or declared insolvent, or has incurred debts aggregating a sum which in ordinary circumstances, he could not repay within a period of two years or if a part of his salary is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum which in ordinary circumstances, he could not repay within a period of two years, he shall be presumed to have contravened this by-law. But, he shall not be so deemed if he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of a ordinary diligence, he could not have foreseen or over which he had no control, and had not proceeded from extravagant or dissipated habits. A Corporation servant who becomes the subject of a legal proceedings for insolvency shall forthwith report the full facts to the Commissioner. ### 10. Unauthorised Communication of information. (1) No Corporation servant shall, except in accordance with any general or special order of the Government or Commissioner or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or information to any Corporation servant or to any other person to whom he is not authorised to communicate such document or information. (2) Clause (1) shall also apply to the Corporation Legal Adviser and other officials who are not full time officers, but are engaged by the Corporation to do the specified work without prejudice to the regular exercise of their profession in other respects. ### 11. Connection with Press or Radio. (1) No Corporation servant shall, except with the previous sanction of the Commissioner, own wholly or in part, conduct or participate in the editing or managing of, any newspaper or other periodical publication. (2) No Corporation servant shall, except with the previous sanction of the Commissioner or in bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter either anonymously or in his own name or in the name of any other person to any newspaper or other periodical publication: Provided that no such sanction shall be required if such radio broadcast, contribution or writing is of purely literary, artistic or scientific character. (3) A Corporation servant who is invited or who wished to deliver a broadcast talk shall intimate to the Commissioner the subject on which he proposes to talk and it is on subject directly or indirectly connected with his official duties, or if so required shall submit the full text of the talk for his approval before it is delivered. (4) The provisions of clauses (2) and (3) shall apply mutatis mutandisto the playing of prepared recitals or gramophone records. (5) The by-law shall also apply to the Corporation Legal Adviser and other officials who are not full time officers, but are engaged by the Corporation to do specific work without prejudice to the regular exercise of their profession in other respects. ### 12. Criticism of Government or Corporation. (1) No Corporation servant shall, in any radio broadcast or in any document published anonymously on his own name or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion- (i) which has the effect of an adverse criticism of any current or recent policy or action of, the Corporation Council, the State Government or any State or Central Government; (ii) which is capable of embarrassing the relations between the Corporation Council and the Government of any State or Central Government; and (iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State: Provided that nothing in this by-law shall apply to any statement made or views expressed by a Corporation servant in his official capacity or in the due performance of the duties assigned to him. (2) A Corporation servant shall not, except on the discharge of his official duties, preside over or take part in the organisation or occupy a prominent position at or address, any non-official meeting or conference at which it is likely that speeches may be made or resolutions may be proposed or passed criticising the action of the Corporation Council or the Government or requesting the Corporation Council or the Government to take certain action other than to make grants admissible under the Government rules or orders in support of educational or similar institutions. Explanation. - Regularly convened meetings for the transaction of their legitimate business of Corporation Council, Municipal Councils and similar bodies established by law or created by the Government and of associations of Corporation servants recognised by the Government and of committees or branches of such bodies or associations and meetings called by the Sheriff of1 [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] are not "non-official" meetings for the purpose of this by-law. (3) Nothing contained in this by-law shall be deemed to prohibit any Corporation servant from participating in discussion at any private meeting solely of Corporation servants or of any recognised association of Corporation servants of matters which affect the personal interests of such services individually or generally : Provided that nothing contained in this clause shall be construed to limit or abridge the power of the Corporation Council to require any Corporation servant to publish and explain any policy or action of the Government in such manner as may appear to them to be expedient or necessary. (4) A Corporation servant who intends to publish any document or to make any communication to the press or to deliver any public utterance containing statements in respect of which any doubt as to the application of the restrictions imposed by this by-law may arise, shall submit to the Corporation Council, a copy or draft of the document which he intends to publish or the utterance which he intends to deliver, and shall thereafter act in accordance with such orders as may be passed by the Corporation Council. (5) This by-law shall not apply to the Corporation Legal Adviser. But it shall apply to the officials who are not full time officers but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their-profession in other respects. ### 13. Evidence before committee or any other authority. (1) Save as provided in clause (3), no Corporation servant shall, except with the previous sanction of the Commissioner, give evidence in connection with any inquiry conducted by any person, committee or authority. (2) Where any sanction has been accorded under clause (1), no Corporation servant giving such evidence shall criticise the policy or any action of the Corporation Council, Central Government or of a State Government. (3) Nothing in this by-law shall apply to- (a) evidence given in any inquiry before an authority appointed by the Government or by Parliament or by a State Legislature ; or (b) evidence given in any judicial inquiry; or (c) evidence given at any departmental inquiry ordered by the head of the department or the Government. (4) This by-law shall not apply to the Corporation Legal Adviser. But it shall apply to other officials who are not full time officers, but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their profession in other respects. ### 14. Taking part in politics and elections. (1) No Corporation servant shall be a member of, or he otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. (2) It shall be the duty of every Corporation servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner, any movement or activity which is or tends directly or indirectly to be subversive of the Government as by law established or the corporation and where the Corporation servant is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Commissioner. (3) If any question arises whether any movement or activity falls within the scope of this by-law, the decision of the Commissioner thereon shall be final. (4) No Corporation servant shall canvass or otherwise interfere or use his influence in connection with, of, take part in, an election to any legislature or local authority: Provided that - (i) a Corporation servant qualified to vote at such election may exercise his right to vote, but when he does so, he shall give no indication of the manner in which he proposes to vote or has voted; (ii) a Corporation servant shall not be deemed to have contravened the provisions of this by-law by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for time being in force. Explanation. - (1) Nothing contained in this clause shall be deemed to prohibit the wife of a Corporation servant or any other member of his family living with or in any way dependent on him from standing for election to any legislature or to any local authority and from canvassing for other candidates. (2) The display by a Corporation servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of the clause. (5) Seditious propaganda or the expressing of disloyal sentiments by a Corporation servant shall be regarded as sufficient grounds for dispensing with the services. Such conduct in the case of a pensioner shall be dealt with under Article 351 of the Civil Service Regulation. (6) A Corporation servant proposing or seconding the nomination of a candidate at an election or acting as polling agent shall be deemed to have committed a breach of this by-law. (7) The above by-law shall apply to the Corporation Officials who are not full time Officers, but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their professions in other respects. ### 15. Vindication of acts and character of Corporation servants. (1) No Corporation servant shall, except with the previous sanction of the Commissioner, have recourse to any Court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character. Explanation. - Nothing in this by-law shall be deemed to prohibit a Corporation servant from vindicating his private character or any act done by him in his private capacity. (2) No Corporation servant shall, except with the previous sanction of the Commissioner, accept from any person or body of persons compensation of any kind for any malicious prosecution brought against him or for any defamatory attack make on his public acts or character unless such compensation has been awarded by a competent Court. ### 16. Membership of service Association. - No Corporation servant shall be a member, representative or officer of any association representing or purporting to represent Corporation servants or any class of Corporation servants unless such association 1 satisfies the following conditions, namely :- (a) Membership of the association shall be confined to a distinct class of Corporation servants and shall be open to all Corporation servants of that class. (b) The association shall not, in any way, be connected with any political party or organisation or engage in any political activity. (c) The association shall not, in any way, be connected with, or affiliated to- (i) any Association which does not; or (ii) any federation of association which do not satisfy conditions (a) and (b). (d) The Association shall not- (i) issue or maintain any periodical publication except in the accordance with any general or special order of the Government; (ii) except with the previous sanction of the Government, publish any representation on behalf of its members, whether in the press or otherwise; (iii) in respect of any election to a legislative body whether in India or elsewhere, or to a local authority or body- (a) pay or contribute towards any expenses incurred in connection with his candidature by a candidate for such election; (b) by any means support the candidature of any person for such election; or any1 (c) undertake or assist in the registration of election or the selection of a candidate for such election. (iv) maintain or contribute towards the maintenance oi any member of a legislative body, whether in India or elsewhere of any member of a local authority or body; or (v) pay, or contribute towards the expenses of any trade union which has constituted a fund under section 16 of the Indian Trade Union Act, 1926 (Central Act XVI of 1929): Provided that conditions (a) and (b) shall not be held to debar any Corporation servant from remaining or becoming a member of the Indian Officers Association and that the Government may, for reasons to be recorded in writing by general or special order, dispense with those conditions in the case of the association. (e) The association shall not indulge in activities prejudicial to the sovereignty and integrity of India or morality or public order. ### 17. Employment under or with near relatives in service and employment of near relatives in firms enjoying Corporation patronage. (1) (a) Every Corporation servant shall inform the head of the department of any reason that there may be way it is undesirable in the public interest that he should be employed in a particular circle of division such as the near relationship of himself or his wife to any person or any persons residing in that circle or division. (b) (i) Every Corporation servant shall inform the head of the department if a member of a Corporation service closely related to him is posted to work under him. (ii) Every Corporation servant shall inform the head of the department if he is posted to work under a member of a Corporation service or a state service who is closely related to him. (2) No Corporation servant shall, except with the previous sanction of the Commissioner, permit his son, daughter or dependent to accept employment with any private firm which has official dealings or with any other firm having official dealings with the Corporation : Provided that where the acceptance of the employment cannot await the prior permission of the Commissioner or is otherwise considered urgent, the matter shall be reported to the Commissioner and the employment may be accepted provisionally subject to the permission of the Commissioner. (3) No Corporation servant shall, in the discharge of his official duties, deal with any matter or give or sanction any contract to any undertaking or any other person if a member of his family is employed in that undertaking or under that person or if he or a member of his family is interested in such matter or contract in any other manner and the Corporation servant shall refer every such matter or contract to the heads of the department and the matter or contract shall, thereafter, be disposed of according to the instruction of the authority to whom the reference is made. ### 18. Canvassing of non-official or other outside influence. - No Corporation servant shall bring or attempt to bring any political or the outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Corporation. Explanation. - (1) A Corporation servant causing his own case to be made a subject of an Interpellation in Corporation Council or the State Legislature shall be deemed to have contravened this by-law. Explanation. - (2) When MLAs, MLCs, MPs and other non-Officials make representations on behalf of individual Corporation servant to Ministers, heads of departments or other higher officers, it shall be presumed that the concerned Corporation servant was responsible for bringing political or outside influence to bear up on the superior authority to further his interest unless he proved to the contrary. ### 19. Bigamous marriages. (1) No Corporation servant, who has a wife living, shall contract another marriage without first obtaining the permission of the Commissioner notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him. (2) No woman Corporation servant shall marry any person, who has a wife living, without first obtaining the permission of the Commissioner. ### 20. Integrity and devotion to duty. - Every Corporation servant shall, at all times, maintain absolute integrity and devotion to duty. ### 21. Strikes. - No Corporation servant shall engage himself in strike or in incitements thereto or in similar activities. Explanation. - For the purpose of this by-law, the expression "similar activities" shall be deemed to include the absence from work or neglect of duties without permission and with the object of compelling something to be done by the heads of departments or the Commissioner or the Government or any demonstrative fast, usually called "hunger strike" for similar purpose. ### 22. Demonstration. - No Corporation servant shall engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or which involves contempt of Court, defamation or incitement to an offence. ### 23. Joining of associations by Corporation servant. - No Corporation servant shall join or continue to be a member of an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India and public order or morality. ### 24. Consulting a medical practitioner for the purpose of obtaining leave. - It shall be the duty of every Corporation servant who consults a medical practitioner with a view to obtaining leave or an extension of leave on medical certificate to disclose-to that practitioner the fact of having consulted any other practitioner for the same purpose and the result of such consultation. Omission on the part of any Corporation servant to do this or any false statement made by him to a medical practitioner in this respect shall entail serious departmental action. ### 25. Recommendation. - No Corporation servant shall, except by endorsement on a written application submitted by a candidate officially through him, recommend to any selecting, appointing or promoting authority, or to any individual who is a member of any such authority, or of its staff, any candidate for any post in the service of, the Corporation. ### 26. Purchase of resignation. - Corporation servants are hereby prohibited from entering into any pecuniary arrangement for the resignation by one of them of any office under the Corporation for the benefit of the others. Any nomination or appointment consequent upon such resignation shall be cancelled and such parties to the arrangement as are still in the service shall be suspended, pending the orders of the Government. ### 27. Representations to Ministers. - No Corporation servant shall make representations to Ministers direct or send direct to Ministers advance copies of such representations made by him to the Government through the proper official channel. ### 28. Refusal to receive pay. - Concerted or organised refusal on the part of Corporation servant to receive his pay shall entail serious disciplinary action. ### 29. Application for private employment. (1) No person employed in any Corporation service or post in connection with the affairs of the Corporation shall apply for private employment or signify his willingness to accept such employment without having previously obtained the permission, in writing, of the appointing authority in respect of the post which he is holding : Provided that, in the case of any such person who is on leave preparatory to retirement, such permission may be given by the appointing authority in respect of the post. (2) (a) Permission to apply for or accept private employment shall normally be granted to a person who is on leave preparatory to retirement unless the employment is in a trading concern in India. Permission to apply for or accept private employment in a trading concern in India shall be granted only in very exceptional cases and may be subject to the condition of immediate retirement. (b) Permission to apply for or accept private employment shall not be granted to any other person unless the Commissioner is satisfied that his premature resignation may be accepted without detriment to the public service. (c) The previous approval of the Corporation and the State Government shall be obtained in the case of application from persons who have been given special and expensive training at the cost of the Corporation and the State Government to increase their utility to the Corporation and the State Government. (3) Where a person who is not on leave preparatory to retirement is permitted to apply for or accept private employment, he shall resign his appointment under the Corporation immediately on accepting such employment. ### 30. Application for posts. - A person employed in Corporation service under the administrative control of the Corporation applying for a post under the State Government or another State Government shall submit his application through the authority competent to appoint him to the post which he holds at the time of making the application. Such authority shall decide whether the applicant shall be permitted to apply in the case of an application for post under the State Government or another State Government for order with its recommendations. In making a recommendation in this regard, the fact that the applicant has been given special training wholly or partly at the cost of the Corporation or the State Government shall also be taken into consideration. Ordinarily applications may be forwarded unless it is considered that by so doing the interests of Corporation Service are likely to suffer. ### 31. Interpretation. - If any question arises relating to the interpretation of these by-laws, it shall be referred to the Government whose decision thereon shall be final. Form A [See clauses (3) and (7) of by-law 7] Statement of immovable property on first appointment for the year ... | | | | --- | --- | | 1. Name of the Officer (in full) and service to which the officer belongs. | | | 2. Name of the Officer and department in which employed. | | | 3. Present post held. | | | 4. Date of appointment. | | | 5. Present Pay. | | Name and Details of Property | | | | | | | --- | --- | --- | --- | --- | | Name of District/ Taluk and village in which property is situated | Housing and other buildings | Lands and other buildings | Present value | If not in his own name, state in whose names held and his/ her relationship to the Corporation servant | | (1) | (2) | (3) | (4) | (5) | | | | | | | | | | | | | | | | | | --- | --- | --- | | How acquired whether by purchase, [lease], mortgage, inheritance, gift or otherwise with date of acquisition name with details of person or persons from whom acquired | Annual income from the property | Remarks (by what means, for what purpose, the property was acquired should also be and stated here) | | (6) | (7) | (8) | | | | | | | | | ### 1. Includes short-term lease also Inapplicable clause to be struck out. In cases, where it is not possible to assess the value accurately, the approximate value in relation to present condition may be indicated. Date : Signature Explanation. - The declaration form is required to be filled in and submitted by every Corporation servant on first appointment to the service and thereafter at an interval of every twelve months, giving particulars of all immovable property owned, acquired or inherited by him or held by him on lease or mortgage or otherwise either in his own name or in the name of any member of his family or in the name of any other person. Form-B [See clause (9) of by-law 7] Register of immovable property and interest in immovable property held by the corporation servant. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Name of the Corporation servant | Date of entertainment in the Corporation service | Department in which employed | District and division in which property is situated | Nature of property | Extent | Assessment | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | In whose name registered | When acquired, inherited, etc. | By what means and for what purpose acquired | Nature of interest possessed by the officer concerned in such property | Remarks | | (8) | (9) | (10) | (11) | (12) | | | | | | |
65b9662dab84c7eca86e9054
acts
State of Bihar - Act ---------------------- Bihar Group 'D' (Recruitment & Service Conditions) Rules, 2009 ---------------------------------------------------------------- BIHAR India Bihar Group 'D' (Recruitment & Service Conditions) Rules, 2009 ================================================================ Rule BIHAR-GROUP-D-RECRUITMENT-SERVICE-CONDITIONS-RULES-2009 of 2009 ---------------------------------------------------------------------- * Published on 26 March 2010 * Commenced on 26 March 2010 Bihar Group 'D' (Recruitment & Service Conditions) Rules, 2009 Published vide Notification No. 3/M-102/2007-Ka-1198 dated 26th March, 2010, published in Bihar Gazette (Extraordinary) No. 207, dated 2th March, 2010 Notification No.3/M-102/2007-Ka-1198. - In exercise of Powers conferred under proviso to Article 309 of the Constitution of India, the Governor of Bihar, is pleased to make the following Rules for determination of recruitment procedure and service conditions for the posts of Group 'D'. ### 1. Short title, extent and commencement. (1) These Rules may be called as Bihar Group 'D' (Recruitment & Service Conditions) Rules, 2009. (2) It shall extend to the whole of the State of Bihar and shall be equally applicable on the Secretariat departments and Muffasil Offices. (3) It shall come into effect immediately. ### 2. Definitions. - In these Rules, unless there is any thing contrary to the subject or reference (a) "State Government" means Bihar State Government; (b) "Selection Committee" means the Selection Committee constituted under Rule 6; (c) "Appointing authority" means the authority authorized under Rule 8; and (d) "Panel" means the list of candidates recommended by the Selection Committee. ### 3. Qualification. - The direct recruitment on Group 'D' posts shall be in the pay scale of basic grade. For recruitment - (i) The minimum educational qualification of the candidates shall be Eighth class pass. (ii) It shall be necessary for the candidates to have good health and knowledge of cycling. In the case of female candidates the qualification of knowledge of cycling shall be relaxed. (iii) The minimum age of candidates shall be 18 years and the maximum age shall be such as determined by the State Government (Personnel & Administrative Reforms Department). (iv) It shall be necessary to have the name of candidates registered in the nearest Employment Exchange. ### 4. Compulsory notification of vacancies. - The application shall be invited by advertisement as far as possible through Employment Exchange. Each applicant shall mention the Employment Exchange registration number in the application. If, due to any reason, the Employment officer does not recommend his/her name, the application shall be accepted on the basis of registration number. After consideration of applications, a reservation category wise panel shall be prepared by the Selection Committee against the vacancies for the whole one financial year. ### 5. Reservation/Roster. - After calculation of vacancies on the 1st April of each year and roster clearance according to actual and possible vacancies, the appointment may be made from the reservation category wise recommended panel. ### 6. Selection Committees. (1) The Selection Committee shall be at two level :- (a) at the Department level, (b) at the District level. (2) The Selection Committee constituted at the department level may prepare panel for recruitment in the concerned department and the offices attached to it. The Selection Committee constituted at district level may prepare panel for recruitment in all types of offices at district level. The division level offices shall be under the jurisdiction of the Selection Committee constituted under the chairmanship of the District Magistrate of the district in which its headquarters is situated. (3) The constitution of the Selection Committee shall be according to enclosed Annexure-1. (4) The appointment may be made on the basis of panel prepared by the Selection Committees in the concerned financial year (till 31st March).The validity of the panel shall be for only one year with effect from the date of receipt of recommendation in the department. ### 7. All appointments shall be made in the basic grade. ### 8. Appointing Authority. (1) The Head of the Department or the concerned competent authority shall be the Appointing Authority. His/her such power shall not be delegated in any circumstances. In such departments where there is no directorate/attached office, appointments may be made by the Officer not below the rank of Deputy Secretary on approval of the departmental Principal Secretary/Secretary. (2) In any office at the division and district level, the appointments may be made by the authority of the concerned office competent for appointment. ### 9. At the time of making appointment, it shall be essential to comply the following procedures - (i) Every Department shall make available the signature of Appointing Officer to all Treasuries. (ii) Each State Level Appointing Officer and divisional/district level appointing officer, shall send the appointments to be made in compiled form to the Superintendent, Secretariat Press, Gulzarbagh/concerned District Magistrate for publication in extraordinary issue of State Level Gazette and District Level Gazette respectively, which shall be published in the extra-ordinary issue of Gazette. The Appointing Officer, after obtaining the copies of Gazette from the office of the Superintendent, Secretariat Press, Gulzarbagh/District Magistrate, shall send it to all such office-heads where the newly appointed employees have been posted. The office-head of the receiving office shall compare the first appointment with the Gazette. The copy of the Gazette shall also be sent to the Treasuries along with the first pay bill. (iii) The joining of newly appointed employees shall be made in the office of the Appointing Officer after receipt of recommendation of Selection Committee. At the time of joining, their educational and other certificates be examined and verified. Their signature, handwriting be examined on the basis of their application form forwarded by the Selection Committee. After obtaining their photograph with signature from them, it shall be compared on the basis of application form forwarded by the Selection Committee. Thereafter, on full satisfaction of the Appointing Officer, appointment letter be issued to the newly appointed employees with their verified photograph pasted on it. (iv) It shall be the responsibility of the Appointing Officer to issue the appointment letter with the photograph pasted on it verified by the Appointment Officer, only after being fully satisfied with all the certificates of the recommended employees. The appointment letter shall contain the full signature, full name and name of post of the Appointing Officer. A Copy of the Service Book shall be sent to the concerned office head along with the copy of the appointment letter. (v) After issue of appointment letter, the officer accepting the joining shall ensure verification of appointment letter from the photograph in the appointment letter and the Service Book sent by the appointing authority. The officer accepting the joining, after being prima facie satisfied with the appointment letter, shall accept the, joining of employees provisionally for three months and shall get the appointment letter confirmed by the Appointing Officer. In case of such confirmation not being made within three months, the pay of the concerned newly appointed employee shall not be drawn till the confirmation of appointment is made. (vi) The attested photo copy of the appointment letter shall be sent to the Treasury along with the first pay bill, so that the signature of the Appointing Officer may be compared by the Treasury Officer with the signature available in the Treasury from before. ### 10. Probation period/confirmation. - After appointment, there shall be approbation period of two years. The Service may be confirmed on successful completion of probation period and on service being satisfactory during said period. ### 11. Post/Grade of Peon. (1) The nomenclature and the ratio of number of posts in the different unreserved pay scales of the posts of Peon shall be as follows - | | | | | | --- | --- | --- | --- | | (i) | Rs. 2550-3200/- (Peon) (basic grade- IV) | - | 30% | | (ii) | Rs. 2610-3540/- (Peon) (grade- III) | - | 30% | | (iii) | Rs. 2650-4000/- (Peon) (grade-II) | - | 35% | | (iv) | Rs. 2750-4400/- (Peon) (grade-I) | - | 05% | (2) The instruction issued by the State Government (Finance Department), with respect to pay scale/promotion, from time to time, shall be applicable. ### 12. Promotion. (1) In this cadre, the promotion may be given on the basis of seniority as follows - (a) From Peon (grade-IV) to Peon (grade-Ill) (b) From Peon (grade-III) to Peon (grade-II) (c) From peon (grade-II) to Peon (grade-I) (2) It shall be essential to follow the Act/Rules/Instructions concerning reservation/KALAWADHI in promotions. ### 13. Departmental Promotion Committee. (1) All promotions may be given on the basis of recommendation of Departmental Promotion Committee. (2) At the Secretariat level, the officer not below the rank of Special Secretary/ Additional Secretary/Joint Secretary shall be the Chairman of the Departmental Promotion Committee of the concerned department. There shall be two other members among which one shall be the Deputy Secretary/Under Secretary in Charge of the establishment of the concerned department and the other shall be the officer belonging to Scheduled Caste/Scheduled Tribe nominated by the Personnel & Administrative Reforms Department. (3) At the Mufassil level, the Additional Collector of the concerned District shall be Chairman of the Departmental Promotion Committee. There shall be two other members of the committee, among which one shall be the officer belonging to SC/ST nominated by the District Magistrate and the other shall be the Establishment Deputy Collector. (4) At the division level, the District Magistrate of the concerned district in which the divisional office is situate, shall be the Chairman of the Departmental Promotion Committee.There shall be two other members of the committee, among which one shall be the representative of Divisional Commissioner and the other shall be the officer belonging to SC/ST nominated by the Divisional Commissioner. ### 14. The work of Record Supplier may be taken from amongst the Peons grade II on the basis of seniority and capability. The work of Treasury Sarkar may be taken from amongst the peons Grade I on the basis of Seniority and capability. ### 15. (1) In the matter of subjects and points not mentioned in these Rules, the instructions for the time being in force for the personnel of the State Government shall be applicable. (2) The Personnel & Administrative Reforms Department shall be competent to interpret any of the rule of these Rules. (3) Should any difficulty arises in enforcing any of the rule of these Rules, the State Government (Personnel & Administrative Reforms Department) may remove such difficulty by notification in Official Gazette. ### 16. Repeal. - All the circulars, instructions issued earlier with respect to appointment/promotion in Class IV (Group D), so far as they relate to appointment/ promotion etc. of the Peon/Orderly Peon/Chaprasi, shall be deemed to have been repealed with the coming into force of these Rules. Annexure-1 (See Rule 6) Constitution of Selection Committee ### 1. At the department level the Selection Committee shall be constituted as under - | | | | | --- | --- | --- | | (i) | Concerned departmental Principal Secretary/Secretary | Chairman | | (ii) | All the Heads of Department, or the Senior Officer in charge of departmental establishment in the departments where there is no directorate/attached office | Member | | (iii) | As far as possible three officers belonging to SC/ST/BC/Minority/Ladies category available in the department (In case of non availability of such officers in the department, the officers nominated by the personnel, & Administrative Reforms Department from amongst aforesaid categories posted in other department) | Member | | (iv) | Deputy Secretary/Under Secretary incharge of departmental establishment | Member Secretary | ### 2. At the district level the Selection Committee shall be constituted as under - | | | | | --- | --- | --- | | (i) | District Magistrate | Chairman | | (ii) | Deputy Development Commissioner | Member | | (iii) | District Welfare Officer | Member | | (iv) | As far as possible three officers belonging to SC/ST/ BC/Minority/Ladies category nominated by the District Magistrate | Member | | (v) | Establishment Deputy Collector | Member Secretary |
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State of Uttar Pradesh - Act ------------------------------ The U.P. Government Servant's Conduct Rules, 1956 --------------------------------------------------- UTTAR PRADESH India The U.P. Government Servant's Conduct Rules, 1956 =================================================== Rule THE-U-P-GOVERNMENT-SERVANT-S-CONDUCT-RULES-1956 of 1956 -------------------------------------------------------------- * Published on 21 July 1956 * Commenced on 21 July 1956 The U.P. Government Servant's Conduct Rules, 1956 Published vide Notification No. 2367/2-B-1-111-54, dated 21st July, 1956 [As amended by Notification No. 13/V/98, dated 17th October, 1998] In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Uttar Pradesh makes the following rules to regulate the conduct of Government servants employed in connection with the affairs of the State of Uttar Pradesh. ### 1. Short title. - These rules may be called the Uttar Pradesh Government Servant's Conduct Rules, 1956. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Government" means the Government of Uttar Pradesh; (b) "Government servant" means a person appointed to public services and posts in connection with the affairs of the State of Uttar Pradesh. Explanation. - A Government servant whose services are placed at the disposal of a company, a corporation, an organisation, a local authority, the Central Government or the Government of another State by the U.P. Government, shall, for the purposes of these rules, be deemed to be a Government servant notwithstanding that his salary is drawn from a source other than the Consolidated Fund of Uttar Pradesh. (c) [ "member of the family", in relation to a Government servant, includes: [Substituted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980, published in U.P. Gazette, Part I-ka, dated 23-3-1981.] (i) the wife, son, step-son, unmarried daughter, or unmarried step-daughter of such Government servant, whether residing with him or not, and in relation to a Government servant, who is a woman, the husband, son, step-sons, unmarried daughter or unmarried step-daughters dependent on her, and residing with her or not, and (ii) any other person related, whether by blood or by marriage, to the Government servant or to such Government servant's wife or her husband, and wholly dependent on such Government servant, but does not include a wife or husband legally separated from the Government servant or a son, step-son, unmarried daughter or unmarried step-daughter, who is no longer, in any way, dependent upon him or her, or of whose custody the Government servant has been deprived by law.] ### 3. General. (1) Every Government servant shall at all times maintain absolute integrity and devotion to duty. (2) Every Government servant shall at all times conduct himself in accordance with the specific or implied orders of Government regulating behaviour and conduct which may be in force. ### 3A. [ Prohibition of sexual harassment of working women. [Inserted by Notification No. 13/V/98-Ka-1-1998, dated 17th October 1998, published in U.P. Gazette, (Extraordinary) , Part 4, Section (Kha), dated 17th October, 1998.] (1) No Government servant shall indulge in any act of sexual harassment of any woman at her workplace. (2) Every Government servant who is incharge of a workplace shall take appropriate steps to prevent sexual harassment to any woman at such workplace. Explanation. - For the purposes of this rule, "sexual harassment" includes such unwelcome sexually determined behaviour whether directly or otherwise, as- (a) physical contact and advances; (b) demand or request for sexual favours; (c) sexually-coloured remarks; (d) showing any pornography; or (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.] ### 4. [ Equal treatment for all. [Substituted by Notification No. 9/1/75-Karmik-1, dated 28-7-1976.] (1) Every Government servant shall accord equal treatment to people irrespective of their caste, sect or religion. (2) No Government servant shall practice untouchability in any form]. ### 4A. [ Consumption of intoxicating drinks and drugs. [Substituted by Notification No. 9/6/74-Karmik-1, dated 22-2-1978.] - A Government servant shall- (a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being; (b) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug; (c) refrain from consuming any intoxicating drink or drug in a public place; (d) not appear in a public place in a state of intoxication; (e) not use any intoxicating drink or drug to excess. Explanation I. - For purposes of this rule 'public place' means any place or premises (including a conveyance) to which the public have, or are permitted to have access, whether on payment or otherwise. Explanation II. - Any Club- (a) which admits persons other than Government servants as members; or (b) the members of which are allowed to invite non-members as guests thereto even though the membership is confined to Government servants, shall also, for purposes of Explanation I, be deemed to be a place to which the public have or are permitted to have access.] ### 5. Taking part in politics and elections. (1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any movement or organisation which is, or tends directly or indirectly to be, subversive of the Government as by law established. Illustration X, Y, Z are political parties in the State. X is the party in power and forms the Government of the day. A is a Government servant. The prohibitions of the sub-rule apply to A in respect of all parties, including X, which is the party in power. (2) It shall be the duty of every Government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner, any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant fails to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government. Illustration A is Government servant. B is 'member of the family' of A, as defined in Rule 2 (c) . M is a movement or activity which is, or tends directly or indirectly to be, subversive of Government as by law established. A becomes aware that B's association with M is objectionable under the provisions of the sub-rule. A should prevent such objectionable association of B. If A fails to prevent such association of B, he should report the matter to the Government. If any question arises whether any movement or activity falls within the scope of this rule, the decision of the Government thereon shall be final. (3) [ \* \* \*] [Deleted vide Notification No. 2769/II-B-118-54, dated 3-8-1957.] . (4) No Government servant shall canvass or otherwise interfere or use his influence in connection with, or take part in, an election to any Legislature or local authority : Provided that- (i) a Government servant qualified to vote at such election may exercise his right to vote, but where he does so he shall give no indication of the manner in which he proposes to vote or has voted; (ii) a Government servant shall not be deemed to have contravened the provisions of this rule by reason only that he assist in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force. Explanation. - The display by a Government servant on his person, vehicle or residence, of any electoral symbol shall amount to using his influence in connection with election within the meaning of this sub-rule. Illustration Acting as a Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer or Polling Clerk in connection with an election does not contravene the provisions of sub-rule (4) . ### 5A. [ Demonstration and strikes. [Rules 5-A and 5-B Substituted by Notification No. 6458/II-B-152-57, dated 11-5-1964.] - No Government servant shall- (1) engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, Friendly relations with foreign Stales, Public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or (2) resort to, or in any way abet, any form of strike in connection with any matter pertaining to his service or the service of any other Government servant. ### 5B. Joining of associations by Government servants. - No Government servant shall join, or continue to be a member of an association, the objects or activities of which are prejudicial to the interest of the sovereignty and integrity of India or public order or morality]. ### 6. Connection with press or radio. (1) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in editing or managing of, any newspaper or other periodical publication. (2) No Government servant shall, except with the previous sanction of the Government or any other authority empowered by it in this behalf, or in the bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person, to any newspaper or periodical: Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character. ### 7. Criticism of Government. - No Government servant shall, in any radio broadcast or in any document published anonymously or in his own name, or in the name of any other person, or in any communication to the press, or in any public utterance, make any statement of fact or opinion- (i) which has the effect of any adverse criticism of any decision of his superior officers, or of any current or recent policy or action of the Uttar Pradesh Government or the Central Government or the Government of any other State or a local authority; or (ii) which is capable of embarrassing the relation between the Uttar Pradesh Government and the Central Government or the Government of any other State; or (iii) which is capable or embarrassing the relations between the Central Government and the Government of any foreign State : Provided that nothing in this rule shall apply to any statement made or views expressed by a Government servant in his official capacity or in due performance of the duties assigned to him. Illustrations (1) A, a Government servant is dismissed from service by the Government. It is not permissible for B, another Government servant, to say publicly that the punishment is wrongful, excessing or unjustified. (2) A public officer is transferred from station A to station B. No Government servant can join the agitation for the retention of the public officer at station A. (3) It is not permissible for a Government servant to criticise publicly the policy of Government on such matters as the price of sugarcane fixed in any year, nationalisation of transport, etc. (4) A Government servant cannot express any opinion on the rate of duty imposed by the Central Government on specified imported goods. (5) A neighbouring State lays claim to a tract of land lying on the border of Uttar Pradesh. A Government servant cannot publicly express any opinion on the claim. (6) It is not permissible for a Government servant to publish any opinion on the decision of a foreign State to terminate the concessions given by it to the nationals of another State. ### 8. Evidence before committee or any other authority. (1) Save as provided in sub-rule (3) no Government servant shall, except with the previous sanction of the Government, give evidence in connection with any enquiry conducted by any person, committee or authority. (2) Where any sanction has been accorded under sub-rule (1), no Government servant giving such evidence shall criticise the policy of the Uttar Pradesh Government, the Central Government or any other State Government. (3) Nothing in this rule shall apply to- (a) evidence given at any enquiry before an authority appointed by the Government, by the Central Government, by the Legislature of Uttar Pradesh or by Parliament, or (b) evidence given in any judicial enquiry. ### 9. Unauthorised communication of information. - No Government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or information to any Government servant or any other person to whom he is not authorised to communicate such document or information. [Explanation. [Added by Notification No. 24/6/66-Apptt. (B) , dated 29-10-1968.] - Quotation by a Government servant in his representation to his official superior, of or from the notes on any file shall amount to unauthorised communication of information within the meaning of this rule], ### 10. [ Subscriptions. [Substituted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] - No Government servant shall, except with the previous sanction of the Government ask for or accept contributions to or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of any object whatsoever.] ### 11. [ Gift. [Substituted by Notification No. 13/V/98-Ka-1-1998, dated 17th October, 1998, published in U.P. Gazette, (Extraordinary) , Part 4, Section (Ka), dated 17th October, 1998.] - A Government servant shall not without previous approval of Government- (a) accept directly or indirectly on his own behalf or on behalf of any other persons, or (b) permit any member of his family who is dependent on him, to accept, any gift, gratuity or reward from any person other than a close relation : Provided that he may accept or permit any member of his family to accept from a personal friend, a wedding present or a present on a ceremonial occasion,' of a value not exceeding one-tenth of the basic pay of Government servant. All Government servants, shall, however, use their best endeavour to discourage even the tender of such presents. Illustration The citizens of a town decide to present to 'A' a Sub-Divisional Officer, a watch, exceeding in value Rs. one-tenth of his basic pay in appreciation of the services rendered by him during the flood. 'A' cannot accept the present without the previous approval of the Government.] ### 11A. [ Dowry. [Inserted by Notification No. 9/6/76-Karmik-1, dated 29-7-1976.] - No Government servant shall- (i) give or take or abet the giving or taking of dowry; or (ii) demand, directly or indirectly from the parents or guardians of a bride or bridegroom, as the case may be, any dowry. Explanation. - For the purposes of this rule the word 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961)]. ### 12. [Deleted] [Omitted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] . ### 13. [Deleted] [Omitted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] . ### 14. Public demonstrations in honour of Government servants. - No Government servant shall, except with the previous sanctions of the Government, receive any complimentary or verdictory address, or accept any testimonial or attend any meeting or public entertainment held in his honour or in the honour of any other Government servant: Provided that nothing in this rule shall apply to a farewell entertainment of a substantially private or informal character and held in honour of a Government servant on the occasion of his retirement or transfer or of any person who has recently quited the service of the Government. Illustration A, a Deputy Collector, is due to retire, B, another Deputy Collector in the district, may give a dinner in honour of A, to which selected persons are invited. ### 15. [ Private trade or employment. [Substituted by Notification No. 13/V/98-Ka-1-1998, dated 17th October, 1998, published in U.P. Gazette, (Extraordinary) , Part 4, Section (Ka), dated 17th October, 1998.] - No Government servant shall, except with the previous sanction of the Government, engage directly or indirectly in any trade, business or undertake any employment: Provided that a Government servant may, without such sanction undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his official duties do not thereby suffer and that he informs his Head of Department, and when he is himself the Head of the Department, the Government, within one month of his undertaking, of such a work, but he shall not undertake, or shall discontinue, such work if so directed by the Government: Provided further that in case a member of the family of a Government servant undertakes private trade or private employment, the information of such trade or employment shall be given to the Government by the Government servant.] ### 16. [ Registration, promotion and management of companies. [Substituted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] - No Government servant shall, except with the previous sanction of the Government, take part in the registration, promotion or management of any bank or other company registered under Indian Companies Act, 1956, or under any other law for the time being in force : Provided that a Government servant may take part in the registration, promotion or management of a cooperative society registered under the U.P. Co-operative Societies Act, 1965 (U.P. Act XI of 1966), or under any other law for the time being in force, or of a literacy, scientific or charitable society registered under the Societies Registration Act, 1860 (Act XXI of 1860) or under any corresponding law in force but he will not take part in, or associate himself with the collection of funds or raising subscriptions of selling shares or any other financial transaction of such society : Provided further that, if a Government servant attends any bigger cooperative society or body as a delegate of any co-operative, he will not seek election for any post of that bigger society or body. He may take part in such election only for purposes of casting his vote]. ### 17. Insurance business. - A Government servant shall not permit his wife or any other relative, who is either wholly dependent on him or is residing with him, to act as an insurance agent in the same district in which he is posted. ### 18. Guardianship of minors. - A Government servant may not, without the previous sanction of the appropriate authority, act as legal guardian of the person or property of a minor other than his dependent. Explanation. - (1) A dependant for the purpose of this rule means a Government servant's wife, children and step-children and children's children and shall also include his parents, sisters, brothers, brother's children and sister's children living with him and wholly dependent upon him. (2) Appropriate authority for the purpose of this rule shall be as indicated below: | | | | --- | --- | | For a Head of department: | | | Divisional Commissioner or a Collector. | The State Government. | | For a District Judge. | The Administrative Judge of the High Court. | | For the Government servant. | The Head of Department concerned. | ### 19. Action in respect of a relation. (1) Where a Government servant submits any proposal or opinion or takes any other action, whether for or against any individual related to him, whether the relationship be distant or near, he shall with every such proposal, opinion or action, expressly state whether the individual is or is not related to him and, if so related, the nature of the relationship. (2) Where a Government servant has, by any law, rule or order in force, power of deciding finally any proposal, opinion or any other action, and that proposal, opinion or action is in respect of an individual related to him, whether the relationship be distant or near and whether that proposal, opinion or action affects the individual favourably or otherwise, he shall not take a decision, but shall submit the case to his superior officer after explaining the reasons and the nature of relationship. ### 20. Speculation. (1) No Government servant shall speculate in any investment. Explanation. - (1) The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be a speculation in investment within the meaning of this rule. (2) If any question arises whether a security or investment is of the nature referred to in sub-rule (1), the decision of the Government thereon shall be final. ### 21. [ Investment. [Rule 21 Substituted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] (1) No Government servant shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties. (2) If any question arises whether a security or investment is of the nature referred to in sub-rule (1), the decision of the Government thereon shall be final. Illustration A District Judge shall not permit his wife, or son, to open a cinema house or to purchase a share therein in the district where he is posted and if he is transferred to a district where a member of his family has already made such an investment he shall immediately inform his superior authority]. ### 22. [ Lending and borrowing. [Rule 22 Substituted by Notification No. 9/7/78-Karmik-1, dated 20-11-1980.] (1) No Government servant shall, except with the previous sanction of the appropriate authority, lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid : Provided that a Government servant may make an advance of pay to a private servant, or give a loan of a small amount free of interest to a personal friend or relative. (2) [ No Government servant shall, save in the ordinary course of business with a bank, cooperative Society or a firm, or otherwise, place himself under pecuniary obligation to any person within the local limits of his authority, nor shall he permit any member of his family, except with the previous sanction of the appropriate authority, to enter into any such transactions Provided that a Government servant may accept a purely temporary loan not exceeding in value the amount of his two months' basic pay free of interest, from a personal friend or relative or operate a credit account with a bona fide tradesman.] (3) Where a Government servant is appointed or transferred to a post of such a nature as to involve him in the breach of any of the provisions of sub-rule (1) or sub-rule (2), he shall forthwith report the circumstances to the appropriate authority, and shall thereafter act in accordance with such orders as may be passed by the appropriate authority. (4) The appropriate authority in the case of Government servant who are Gazetted Officers shall be Government and in other cases, the Head of the office.] ### 23. Insolvency and habitual indebtedness. - A Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government servant who becomes the subject of legal proceedings for insolvency shall forthwith report the full facts to the head of the office or department in which he is employed. ### 24. Movable, immovable and valuable property. (1) No Government servant shall, except with the previous knowledge of the appropriate authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise, either in his own name or in the name of any member of his family : Provided that any such transaction conducted otherwise than through a regular and reputed dealer shall require the previous sanction of the appropriate authority. Illustration A, a Government servant, proposes to purchase a house. He must inform the appropriate authority of the proposal. If the transaction is to be made otherwise than through a regular and reputed dealer. A must also obtain the previous sanction of the appropriate authority. The same procedure will be applicable if A proposes to sell his house. (2) A Government servant who enters into any transaction concerning any movable property exceeding in value, the amount of his basic pay for one month, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the appropriate authority : Provided that no Government servant shall enter into any such transaction except with or through a reputed dealer or agent of standing, or with the previous sanction of the appropriate authority. Illustration [(i) A, a Government servant whose monthly pay is rupees six hundred, purchases a tape recorder for rupees seven hundred, or (ii) B, a Government servant whose monthly pay is rupees two thousand sells a car for rupees one thousand five hundred. In either case A or B must report the matter to the appropriate authority. If the transaction is made otherwise than through a reputed dealer he must also obtain the previous sanction of the appropriate authority] [Substituted by Notification No. 13/V/98-Ka-1-1998, dated 17th October, 1998, published in U.P. Gazette, (Extraordinary) , Part 4, Section (Ka), dated 17th October, 1998.] . (3) At the time of first appointment and thereafter at intervals of five years, every Government servant shall make to the appointing authority, through the usual channel, a declaration of all immovable property owned, acquired or inherited by him or held by him on lease or mortgage, and of shares and other investment which may, from time to time, be held or acquired by him or by his wife or by any member of his family living with or in any way dependent upon him. Such declaration should state the full particulars of the property, shares and other investments. (4) The appropriate authority may, at any time, by general or special order, require a Government servant to submit within a period specified in the order a full and complete statement of such movable or immovable property held or acquired by him or by any member of his family as may be specified in the order. Such statement shall, if so required by the appropriate authority, include details of the means by which or the source from which such property was acquired. (5) The appropriate authority- (a) in the case of Government servant belonging to the State service, shall for purposes of sub-rules (1) and (4), be the Government and for sub-rule (2), the head of the department; (b) in the case of other Government servants, for the purpose of sub-rules (1), (2) and (4), shall be the Head of the Department. ### 25. Vindication of acts and character of Government servant. - No Government servant shall, except with the previous sanction of the Government, have recourse to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character. Explanation. - Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in private capacity. ### 26. [\* \* \*] [Deleted by Notification No. 3116/II-B-32-52, dated 13-8-1960.] . ### 27. Canvassing or no. - official or other outside influence.-No Government servant shall bring or attempt to bring whether himself, personally or through a member of his family, any political or other outside influence to bear upon any question relating to his interest in respect of matters pertaining to his service. [Explanation. [Added by Notification No. 936-II-B/152 (4) -58, dated 21-5-1959.] - An act done by the wife or husband, as the case may be, or any member of the family of a Government servant and falling within the purview of this rule, shall be presumed to have been done at the instance, or with the connivance, of the Government servant concerned, unless the contrary shall have been proved.] Illustration A, is Government servant and B a member of the family of A. C is a political party and D is an organisation under C. B gained sufficient prominence in C and became an office bearer of D. Through D, B started sponsoring the cause of A to the extent that B sponsored some resolutions against A's official superior. The action, which will be in violation of the provisions of the above rule on the part of B, shall be presumed to have been done by B at the instance, or with the connivance of A, is able to prove that this was not so. ### 27A. [ Representation by Government servants. [Substituted by Notification No. 936-II-B-152 (4) -1958, dated 21-5-1959.] - No Government servant shall, whether personally or through a member of his family, make any representation to Government or any other authority except through the proper channel and in accordance with such directions as the Government may issue from time to time. The Explanation to Rule 27 shall apply to this rule also]. ### 28. [ Unauthorised pecuniary arrangements. [Substituted by Notification No. 9/6/1974-Karmik-1, dated 27-7-1976.] - No Government servant shall enter into any pecuniary arrangement with another Government servant or any other person so as to afford any kind of advantage to either both of them in any unauthorised manner or against the specific or implied provisions of any rule for the time being in force. Illustration (1) A is a senior clerk in an office and is due for officiating promotion. A is diffident of discharging his duties satisfactorily in the officiating post. B, a junior clerk, privately offers, for a pecuniary consideration, to help A. A and B accordingly enter into pecuniary arrangements. Both would thereby infringe the rule. (2) If A, the superintendent of an office, proceeds on leave, B, the senior most assistant in the office, will be given a chance to officiate. If A proceeds on leave, after entering into an arrangement with B for a share in the officiating allowance. A and B both would commit a breach of the rule.] ### 29. Bigamous marriages. (1) No Government servant who has a wife living shall contract another marriage without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him. (2) No female Government servant shall marry any person who has a wife living without first obtaining the permission of the Government. (3) The minimum punishment to be imposed for contravention of sub-rule (1) or sub-rule (2) shall be the withholding of increments for three years. ### 30. Proper use of amenities. - No Government servant shall misuse, or carelessly use, amenities provided for him by the Government to facilitate the discharge of his public duties. Illustration Among the amenities provided to Government servants are cars, telephones, residences, furniture, orderlies, articles of stationery, etc. Instances of misuse, or careless use, of these area- (i) employment of Government cars at Government expense by members of the family of the Government servant, or his guests, or for other non-Government work; (ii) making telephone trunk calls at Government expense on matters not connected with official work; (iii) neglect of Government residence and furniture and failure to maintain them properly, and (iv) use of Government stationery for non-official work. ### 31. Payment for purchases. - Unless payment by instalments is customary, or specially provide, or a credit account is maintained with a bona fide tradesman, no Government servant shall withhold prompt and full payment for the articles purchased by him whether the purchases are made on tour or otherwise. ### 32. Use of services without payment. - No Government servant shall, without making proper and adequate payment, avail himself of any service or entertainment for which a hire or price or admission fee is charged. Illustration Unless specifically prescribed as part of duty, a Government servant shall not- (i) travel free of charge in any vehicle playing for hire, (ii) see a cinema show without paying the admission fee. ### 33. Use of conveyances, belonging to others. - No Government servant shall, except in exceptional circumstances, use a conveyance belonging to a private person or a Government servant who is subordinate to him. ### 34. Purchases through subordinates. - No Government servant shall himself ask for permit his wife, or any member of his family living with him, to ask any Government servant who is subordinate to him makes purchases, locally or from outstation, on behalf of him, his wife or other member of his family, whether on advance payment or otherwise : Illustration A is a Deputy Collector. B is a Subordinate Officer under A. A should not allow his wife to ask B to have cloth purchased for her. ### 35. Interpretation. - If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final. ### 36. Repeal and saving. - Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to Government servant under the control of the Government of Uttar Pradesh are hereby repealed : Provided that an 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.
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State of Tamilnadu- Act ------------------------- The Tamil Nadu Admission in Para Medical Institutions Rules, 2007 ------------------------------------------------------------------- TAMILNADU India The Tamil Nadu Admission in Para Medical Institutions Rules, 2007 =================================================================== Rule THE-TAMIL-NADU-ADMISSION-IN-PARA-MEDICAL-INSTITUTIONS-RULES-2007 of 2007 ------------------------------------------------------------------------------- * Published on 17 June 1998 * Commenced on 17 June 1998 The Tamil Nadu Admission in Para Medical Institutions Rules, 2007 Published vide Notification No. G.O. (Ms.) No. 232, Health and Family Welfare (MCA 1), Published 27.7.2007 - No. SRO A/ 24(a) / 2007 In exercise of the powers conferred by sub-section (1) of section 10 of the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Tamil Nadu Act 3 of 2007), the Governor of Tamil Nadu hereby makes the following Rules:- ### 1. Short title. - These rules may be called the Tamil Nadu Admission in Para Medical Institutions Rules, 2007. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (i) "Act" means the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Tamil Nadu Act 3 of 2007); (ii) words and expressions used but not defined in these rules shall have the same meaning, respectively, assigned to them in the Act. ### 3. Authority to make admission. - The authority to make admission to every Government seat in Para Medical Institutions shall be the Secretary, Selection Committee, Directorate of Medical Education, Chennai. ### 4. Relevant subjects. - The relevant subjects for admission to seats in Para Medical Institutions shall be as follows:- (i) Physics, Chemistry, Botany and Zoology; or (ii) Physics, Chemistry, Biology with any other subject. ### 5. Determination of inter-se-merit. - In cases where more than one student have got the same marks in the common merit list, the inter-se-merit among such students shall be determined in the order of priority as specified below:- (i) percentage of marks in Biology or Botany and Zoology taken together; (ii) percentage of marks in Chemistry; (iii) percentage of marks in the optional subject; (iv) date of birth-seniority in age will be given preference; and (v) random number assigned. ### 6. Information to be mentioned in the prospectus. - Information relating to admission to the seats in Para Medical Institutions shall be given in the prospectus issued in this behalf by the authority concerned. ### 7. Conditions for recognizing or declaring an educational institution as minority professional educational institution. - An educational institution shall be recognized or declared as a minority professional educational institution subject to satisfying the conditions stipulated in G.O. (Ms) No. 270, Higher education, dated 17-6-1998 and in G.O. (Ms) No. 386, Higher Education, dated 11-12-2006.
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State of Assam - Act ---------------------- Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959 ------------------------------------------------------------------------------------------------------------------------- ASSAM India Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959 ========================================================================================================================= Act 9 of 1961 --------------- * Published on 12 April 1961 * Commenced on 12 April 1961 Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959 (Assam Act No. 9 of 1961 ) Last Updated 13th February, 2020 [As passed by the assembly) Received the assent of the president of India on the 2nd April. 1961. [published in the Assam gazzette Extraordinary dated, the 12th April, 1961] [Assam Act No. IX of 1961, brought into force with effect from the 1st January, 1963,. vide notification No. RRLF/59, dated 15th January,1963. [Published in the Assam gazette, Part HA, dated 16th January, 1963j page 206.] An act to provide for the acquisition by the State of lands belonging to religious or Chartiable institutions of public nature. Preamble - whereas it is expedient to acquire the lands belonging to Religious or chartiable institutions of public nature in the State of Assam in the manner hereinafter appearing; It is hereby enacted in the Tenth year of the republic of India as follows- CHAPTER - 1 1. Short title, extent commencement. (1) This Act may be called the Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959. (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State Government may, by notification in the Official gazzette appoint. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "Agriculture Year" means the year commencing on the 1st day of 'Bohag' or. Baisakh; (b) "Deputy Commissioner" means Deputy commissioner of the District in which the land in question is situated, and includes the Additional Deputy Commissioner; (c) "Encumbrance" in relation to any land under this Act does not include the rights of a rayat or agricultural or non-agricultural tenant; (d) The head of a Religious or chartiable institution in so far as it relates to the institution shall mean a person, by whatever designation known in whom the control and management of the properties of that institution is vasted weather under the terms of any enactment or grant or usages relating to this institution or any scheme of management framed by a Court under Section 92 of the Code of Civil procedure, 1908 (Act V of 1908) (e) "Institution" means a religious or chartiable institution of public nature including its branches, if any, established prior to the commencement of this Act and existing at the date of such commencement; (f) "Religious Institution" means an institution the primary purpose of which relates exclusively to religious teachings or worship or advancement of religion irrespective of denomination; (g) "chartiable Institution" means an institution for chartiable purpose including relief of the poor, education, medical relief and advancement of any other object of Public utility, but does not include a purpose which relates exclusively to religious teaching or worship or advancement of religion; (h) "Religious or chartiable Institution of Public Nature" shall include Satras, Maths, public Temples, public Wakf (that is to say, Wakfs other than Wakf-alal-aulad) including public Mosques and Durgahs, Gurdwaras, Churches or similar institutions or endowments for public purposes of chartiable or religious nature; (i) "Prescribed" means prescribed by the rules made under this Act, and (j) "Tenant" means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to the other person and includes a person who cultivates the land of another person on condition of delivering a share of the produce. Chapter II ------------ ### 3. Notification of acquisition. (1) The State Government may, from time to time, by notification in the Official Gazette declare that all rights in land belonging to a Religious or chartiable Institution of public Nature shall vest in the State free from all encumbrances, with effect from the first day of the agricultural year next following the date of publication of such notification. (2) A copy of the aforesaid notification shall be served on the Head of the Religious or chartiable Institution in the manner prescribed and thither, it shall De published in the offices of the Deputy Commissioner, Sub Divisional Officer and the Circle Officers within whose jurisdiction the lands are situated and also in the premises of the religious and the chartiable institution concerned. (3) The publication of the notification in the Official Gazette and the service of the same as provided under sub-sections (1) and (2.) respectively shall be conclusive evidence of due publication thereof and of notice to all person affected by such notification. ### 4. Consequence of the notification. (1) Notwithstanding anything to the contrary in any law for the time being in force or any custom or any agreement or contract express or implied,; on the publication of the notification under Section 3, all right, title and interest in the lands of a religious or chartiable institution with the sub-soil (Including the rights in mines, minerals, fisheries, tanks, wells, forests, grazing, hats, bazars, roads and ferries) shall cease and lands including such rights shall vest absolutely in the state free from all encumbrances with effect from the date specified in the notification. (2) No claim or liability enforceable before the date of publication of notification against the institution for any money which is secured by a mortgagee or charges on the lands belonging to such institution which has vested in the state, shall be enforceable against the interest of the institution but such claim and liability shall be enforceable only against the compensation money payable under this Act. (3) All suits and proceedings and any orders of attachment in respect of such lands belonging to the institution in connection with recovery of any money as mentioned in sub-section (2) which may be pending on the date of vesting shall be dropped and shall cease to be in force. ### 5. Power to retain possession of land after acquisition. - Notwithstanding anything contained in sub-sections (1) of Section 4, a religious or chartiable institution (Including its individual branches, if any) shall, with effect from the date of vesting, be entitled to retain possession of- (i) free of revenue, all such lands which on or before the last day of Chaitra, 1365 B.S. were in the ownership of the institution and were actually occupied by it by construction buildings and raising orchards and flower gardens together with the compounds appurtenant thereto and all lands reserved for the resident devotees for residential purposes. Provided that the right of ownership or possession of such lands shall not be trainable or alienable. (ii) tea gardens land: Provided such lands shall be liable for assessment to full revenue rate under any existing law. ### 6. Taking possession. - The Deputy Commissioner may, at any time after lands of an institution have vested in the State, proceed to take possession thereof, and may for that purpose take such steps as may be necessary: Provided that nothing contained in this section shall be deemed to authorize the Deputy Commissioner to take possession of lands and buildings mentioned in Section 5. ### 7. Compensation. - Every religious or chartiable institution whose lands have been acquired under the provisions of this Act shall be paid compensation which shall be determined on the principle hereinafter described. ### 8. Principles of determination of compensation and the manner of payment. (1) The gross income of the land of religious or chartiable institution which has been acquired under this Act shall be computed by taking the gross annual income from rent, forest, fisheries, hats, bazars, ferries, roads, grazing, reserves, mines and minerals for the agricultural year proceeding the date of notification under section 3. Explanation. - For the purpose of calculation of gross annual income from rents of an institution, all arable lands, tenanted or fallow and homesteads belonging to such institution, shall be assessed at the prevailing rate of rent or revenue whichever is higher for similar land the neighbourhood and nearest to it and total amount for the previous year thus arrived at will be the gross income from rents. (2) From the average gross income so computed shall be deducted the annual amount which was payable by the religious or chartiable institution for the agricultural year preceding the date of notification under Section 3, as land revenue, cess, royalty, municipal tax, chaukidari tax, agricultural income-tax or any tax levied by the State and Central Government or rent to superior landlord in respect of the land acquired. (3) A further amount shall be deducted from the gross income as the cost of management at the rates given below - | | | | | --- | --- | --- | | | | Rate | | (a) | On the first Rs 5,000. of gross income. | No deduction | | (b) | On the next Rs 5,000 gross income. | At five per cent of the gross income | | (c) | On the balance of gross income. | At ten per cent of the gross income. | (4) The balance remaining thereafter shall be treated as the net income. (5) The net income thus arrived at shall be paid in cash annually as perpetual annuity as compensation to the Head of the institution for the lands acquired under this Act : Provided that if any person is entitled to a share of the income of any institution or to a lumpsum allowance, under the terms of any grant or endowment relating to that institution, then he shall be paid an equivalent share out of the perpetual annuity or a lumpsum allowance to be determined in the manner prescribed. Provided further that the lumpsum allowance so determined shall bear as nearly as possible the same ratio to the perpetual annuity as the allowance drawn prior to the acquisition bears to the net income as defined in this section. (6) Without prejudice to any action under any other provision of this Act, the State Government may at any time call for the records and pass such orders as it may deem fit for correction of bonafide mistakes in the assessment of compensation either of for its own motion or on application of the person interested after giving the person or person interested an opportunity of being heard, but no such correction shall be made while an appeal under Section 21 of the Act is pending. [(7) (a) The State Government shall constitute a grant fund-in-aid to the Religious or chartiable Institution of Public nature both by way of recurring and non-recurring nature. (b) In case of grant-in-aid of recurring nature, the amount of annuity shall be enhanced by 25% subject to minimum of Rs. 300 in respect of religious institution whose perpetual annuity originally determined at an amount not exceeding Rs. 1.00 lakh. (c) No subsequent revision or increase of annuity shall be permissible until at least a period of not less than 10 years ,has elapsed since the preceding fixation or re-fixation of the annuity as the case may be. (d) In case of non-recurring grant-in-aid a lumpsum amount of Rs. 500 shall be paid to the religious or chartiable institution of public nature on application by the interested person/head of the institutions or by the State government suo moto, if any repair or renovation work including white washing .is effected or any damages repaired on account of any natural decay or calamity, subject to verification of the actual cost of repair or renovation work done and subject to assessment and satisfaction of the authority about the nature and magnitude of the loss caused to the religious or chartiable institution of public nature on account of natural decay or calamity. This amount shall be paid after every two years"] ### 9. Ad-interim compensation. - Pending investigation and final determination of compensation, an ad-interim payment in cash not exceeding 75 per cent of the probable mount of compensation may be made after a preliminary enquiry on the execution by the claimant of an indemnity bond and such ad-interim compensation shall be deemed to be part of the compensation payable under this Act and shall be deducted from and adjusted against it Option of ### 10. Option of removing, Building etc. on land vested in the State. - Where there is any building or structure or crop on the land, which have vested in the State the owner, thereof, shall be given. the option of removing it within the prescribed period and if he fails to do so within the said period, it shall be sold in public auction and the sale proceeds, after deduction of the cost of 'auction, if any, shall be paid to him. ### 11. Claims for compensation. - Every religious or chartiable institution who rights in land have been acquired by the State Government shall prefer claim for compensation before the Deputy Commissioner within 30 days from the date of acquisition of such rights, and the Deputy Commissioner shall dispose of the claims according to the provisions of this Act. ### 12. Arrear of revenue, etc. to be deducted from compensation. - Where there is any arrear of revenue, local rates, cess or other dues lawfully payable to the State or Central Government by a religious or chartiable institution whose lands have been acquired under this Act, the Deputy Commissioner may order that it shall be realized, without prejudice to any other mode of recovery, by deduction from the compensation money in one or more installments, and the Deputy Commissioner, or any other officer authorised in this behalf shall thereupon deduct the amount so ordered, unless it is found to the satisfaction of such officer that the amount has since been recovered in any other manner. Provided that such recovery shall not reduce the amount of compensation by more than 25 per cent of the total amount of annual compensation payable. ### 13. Claims to creditors. (1) Where any land acquired under this Act is subject to a mortgage, or charge, the creditors, shall within 30 days from the date of acquisition or any other officer authorised in this behalf. who shall thereupon proceed with and dispose of the claim. (2) The creditor shall be paid out of the compensation money to the extent of the claim established under sub-section (1) (3) Where there are more than one creditor, payment to them shall be made in the order of priority determined by such officer. (4) Payment to the creditor may be made in one or more installments but in no case shall the annual amount of compensation payable to an institution fall below 60 per cent of the annuity determined by such officer after deduction of arrears of revenue, if any, under Section 12. (5) In case of any dispute as to the person or who are entitled to be paid out of the compensation money under the preceding sub-sections, the amount shall be kept in deposit in Government Treasury, and the dispute shall be referred to the Civil Court of competent jurisdiction, and the amount shall then be paid in terms of the final decisions of the Court. ### 14. Appeal. - An appeal against the order of the Deputy Commissioner or any other officer authorised in this behalf under Sections 11 and 13, shall, if preferred within, 30 days of the order, excluding the period required for obtaining the copies of the said order, lie to the District Judge. The decision of the District Judge or the order of the Deputy Commissioner or any other officer authorised in this behalf, when no appeal is preferred, shall be final. ### 15. Settlement of acquired land with person in occupation. - Subject to the limitation prescribed under Section 4 of the As same fixation of Ceiling on Land holdings Act, 1956 (Assam Act I of 1957) where the land acquired under this Act is in occupation of a Raiyat on the date of notification under Section 3, it shall be settled with him, with the following status- (a) if he has acquired the status of an occupancy tenant under the Assam (Temporarily Settled Areas) Tenancy Act,1971 (Assam Act XXII) of 1971), then the land in his holding shall be settled with him with the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), and he shall upon such settlement be absolved from the obligation if any, of rending services or making payment of "bhog" to the institution concerned in respect of his holding and if he has not acquired the status of an occupancy tenant, then the land shall be settled with him with the status of a settlement holder (other than the landholder) as defined in the Assam Land and Revenue Regulation,1886. Provided however, that notwithstanding anything contained in the Assam Land and Revenue Regulation, 1886 the right of transfer of such holding shall extend only to persons belonging to the same religion as the institution in which the ownership of the land was vested before the date of notification under Section 3 of the Act.] ### 16. Settlement of un-occupied land. (1) Where the land acquired under this Act is not under the occupation of a raiyat on the date of notification under Section 3, it shall land be at the disposal of the State Government for settlement with the categories of persons, preference being given in order of narration,- (a) Cultivator who has been rendered homeless due to ejection by the landlord or due to flood, erosion or earthquake, within two years, next before the corning into operation of this Act; (b) Co-operative farming society formed by landless actual cultivators; (c) Landless cultivators; (d) [ Agricultural Farming Corporation as defined in the Assam Agricultural Farming corporation Act, 1973 (Assam Act V111 of 1973)] [Inserted new clause (d) by Assam Act No. V of section 3 (w.e.f. 9.6.75)] (2) The Deputy Commissioner or any other officer empowered in this behalf by the State Government may, for the purpose of setting any such land, eject, if necessary, any person in unauthorized possession. (3) A tenant who is in occupation of any land acquired under Section 3 but who does not take settlement of such land, shall acquire no right title and interest in, such land and shall be liable to ejectment, without prejudice to any other action that may be taken under the relevant provision of the Assam Land and Revenue Regulation, 1886 or any other law for the time being in force. ### 17. Assessment of the land acquired. - Any land acquired under this Act shall be liable to be assessed to land revenue at full revenue rate under the provisions of the Assam Land and Revenue Regulation, 1886 (Regulation 1 of 1986) or the As same Land and Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936). [Deleted] Deleted for the words 'or to rent under the provisions of the Goalpara. Tenancy Act, 1929 or the Sylhet Tenancy Act, 1936, as the case may be as the (same full rate or rates as arc applicable to similar lands in the neighbourhood' And the marginal sub-title 'Assam Act, [1 of 1929 and Assam Act, XI of 1936', by Section 4 ibid.] ### 18. Submission of returns by the Heads of religious or Chartiable institution. - The Head of a religious or Chartiable institution shall, within three months from the date of commencement of this Act, submit to the Deputy Commissioner a return giving the particulars of all his lands mentioning specifically the land (a) selected for retention under Section 5 (b) area under occupation of tenants and (c) not under occupation of any tenant. [Deleted] [Deleted the 'Explanation' of Section 18, by the Assam Act No. V of 1975, Section 5 (with effect from 9-6-1975).] ### 19. Collection of Information through other agency. (1) The Deputy Commissioner may obtain the information required to be shown in the return together with any further information as it may be necessary through an agency as he may fix or as the Government may prescribe and select the area which a religious or chartiable institution is entitled to retain under provisions of this Act as also the plot or plots in excess. ### 20. Submission of statement, to Government through other agency. - On the basis of the information given in the return under Section 18 which shall be duly verified through such agency as may be decided by Government or on the information obtained by the Deputy Commissioner under Section 19, the Deputy Commissioner shall prepare a draft statement showing among other particulars, the total areas of lands held by a religious or chartiable institution, the specific plots selected for retention with such institution and also the land outside the permissible area of retention under Section 5. (2) The draft statement shall be published in the office of the Deputy Commissioner, the Sub Divisional Officer, the Circle Sub-Deputy Collector and the Mauzadar, and a copy thereof shall be served on the Head of the religious or chartiable institution, as the case may be, in the manner prescribed. Any objection received within 30 days of the service shall be duly considered by the Deputy Commissioner and after giving the objector an opportunity for hearing, order shall be passed on these objections. (3) Any person aggrieved by an order of the Deputy Commissioner, under sub-section (2) may, within 30 days of the order, excluding the period required for obtaining copies thereof prefer an appeal to the State Government. (4) Without prejudice to any action under sub-section (3) the State Government may, of its own motion, call for any record relating to the draft statement at any time within 60 days of the order of the Deputy Commissioner under sub-section (2), and after giving the Head of the religious or chartiable institution concerned an opportunity of being heard pass such order as deemed fit. (5) Any order of the State Government under sub-section (3) or (4) or of the Deputy Commissioner when no appeal is preferred under sub-section (3) or revision made under sub-section (4) shall be final. (6) The draft statement shall then be finally prepared in terms of the final order of the Deputy Commissioner or the State Government, as the case may he, and republished in the offices mentioned in sub-section (2), and no person shall then be entitled to question it in any Court of Law. (7) Any authenticated copy of the final statement shall then be submitted to the State Government immediately on the publication thereof Chapter - III Miscellaneous ### 21. Appeal. (1) Any person aggrieved by an order under Section 8 may, within 30 days of order excluding the period required for obtaining the copies of the said order, prefer an appeal. to the District Judge. (2) The decision of the District Judge, or the original order when no appeal is preferred shall be final. (3) [ Any person aggrieved by an order under Section 15 and/or Section 16 of the Act may prefer an appeal to the Assam Board of Revenue within 30 days from the date of order appeal against.] [Inserted by the Assam Act No. V of 1975.] ### 22. Bar to jurisdiction. - Except as otherwise expressly provided in this Act, no decision or order made in exercise of any power conferred by or under this Act shall be called in question in any Court. ### 23. Penalties. (1) Whoever- (i) willfully fails or neglects to comply with any requirement made of him under this Act, or (ii) contravenes any lawful order passed under this Act, or (iii) obstructs or resists the taking by the Deputy Commissioner of any land which has vested in the State under this Act, or (iv) furnishes information which he knows or believes to be false or does not believe to be true shall on conviction before a Magistrate, and in addition to any other action that may be taken against him, be punishable with fine which may extend to five thousand rupees. (2) Any person who fails to submit any return required to be submitted under Section 18, shall be punishable with a fine which may extend to one thousand rupees. ### 24. Protection of action taken in good faith. - No suit or proceeding or other legal proceeding shall he against any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, or any order made thereunder. ### 25. Delegation of powers. - The State Government may, by notification in the Official Gazette, delegate any of its powers or function under this Act, other than those specified in Section 3 and sub-section (4) of Section 20, to such officer or authority subordinate to it, and subject to such conditions, restrictions and limitations, as may be specified in the notification. ### 25A. [ Constitution of the Managing Committee. [Inserted by the Assam Act No. XIX of 1987, dated 23-10-1987.] - For each of the Religious or chartiable Institution of Public Nature, a Managing Committee shall be constituted with the following members to have a control over the matter of utilization of the annuity and verification of the proper maintenance of the Institution- (a) The Deputy Commissioner or Sub-Divisional Officer or his nominee President, (b) An Ex-Officeo Secretary to be elected by the Deuries/Bor Deuries, (c) 5 (five) elected members to be elected from amongst the devotees. The term of the Committee shall be for three years from the date of its constitution.] [Inserted vide Assam Act No XIX of 1987.] ### 26. Power to order production of documents, etc. - Subject to any conditions or restrictions that may be prescribed, the deputy Commissioner may. for the purpose of this Act, require any person to produce any documents, paper or register which is in his possession or under his control, or to furnish any information which he thinks necessary for the proper discharge of any duties under the provisions of this Act or any rules made thereunder. ### 27. Officers holding inquiries to have powers of Civil Courts for enforcing attendance etc. - Any officer or authority holding an enquiry or a hearing an appeal under this Act, shall have the power of Civil Court under the Code of Civil Procedure, I 908(Act V of 1908) in respect of- (a) enforcing attendance of any person and his examination of oath; (b) compelling production of documents; and (c) issue of commission. ### 28. Mode of recovery of any amounts under this Act. - Any sum payable to the Government under the provisions of this Act may be realised as an arrear of land revenue. ### 29. Removal of difficulties. - If any difficulty arise in giving effect to any provisions of this Act, the State Government may, as occasion requires, take any action not inconsistent with the provisions of this Act. which may appear necessary for the purpose of removing the difficulty. Note. - Ref : RRT 149/82/150, dated 22.7.1991- The matter of revoking operation of Section 25-A has been under careful consideration of Government. ### 30. Power to make Rules. (1) The State Government may, by notification in the Official Gazette, make rules for anything the purposes of this Act. (2) In particular, and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following matters, namely- (a) the manner in which any notice or copy of the draft statement may be served; (b) the manner in which the Deputy Commissioner shall exercise any of the powers under this Act; (c) the procedure and fees regarding appeal, revision or any other proceeding under this Act, (d) the agency through which the information is to be collected under Section 19. (3) All rules made under this section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the Session in which they are so laid or the session immediately following.
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acts
Union of India - Act ---------------------- THE NATIONAL ANTI-DOPING ACT, 2022 ------------------------------------ UNION OF INDIA India THE NATIONAL ANTI-DOPING ACT, 2022 ==================================== Act 15 of 2022 ---------------- * Published on 12 August 2022 * Not commenced An Act to provide for the constitution of the National Anti-Doping Agency for regulating anti-doping activities in sports and to give effect to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport, and compliance of such other obligations and commitments thereunder and for matters connected therewith or incidental thereto. WHEREAS India is a signatory to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport; AND WHEREAS India has ratified the said Convention on the 7th day of November, 2007; AND WHEREAS it is considered expedient to maintain highest standards of integrity while participating and preparing for sports competition domestically and internationally, to regulate anti-doping activities in sports and to meet obligations of India under the said Convention. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Chapter I PRELIMINARY -------------------------- ### 1. Short title and commencement (1) This Act may be called the National Anti-Doping Act, 2022. (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) "Agency" means the National Anti-Doping Agency incorporated and constituted under sub-section (1) of section 14; (b) "Anti-Doping Rule Violation" means the circumstance, act or conduct specified in section 4; (c) "Appeal panel" means the National Anti-Doping Appeal panel constituted under section 12; (d) "athlete" means any person who competes in any sport at the national level or international level or participates in any competition or event to which this Act applies; (e) "athlete support personnel" means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel or such other person working with or treating or assisting an athlete who is participating in, or preparing for, a competition or event at the national level or international level or to which this Act applies; (f) "Board" means the National Board for Anti-Doping in Sports established under sub-section (1) of section 7; (g) "Chairperson" means the Chairperson of the Board appointed under sub-section (2) of section 7; (h) "Code" means the World Anti-Doping Code adopted and amended from time to time by the World Anti-Doping Agency; (i) "competition" means a single race, match, game or singular contest; (j) "Convention" means the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport; (k) "Director General" means the Director General appointed under sub-section (3) of section 14; (l) "Disciplinary Panel" means the National Anti-Doping Disciplinary Panel constituted under sub-section (1) of section 11; (m) "dope testing laboratory" means a laboratory established or recognised under section 26; (n) "doping Control" includes all steps and processes from test distribution planning up to the disposal of any appeal and enforcement of consequences, including all steps and processes in between, including but not limited to, testing, investigation, whereabouts, Therapeutic Use Exemptions, sample collection and handling, laboratory analysis, Results Management, hearings and appeals, and investigations or proceedings relating to an Anti-Doping Rule Violation; (o) "doping in sport" means the occurrence of any Anti-Doping Rule Violations specified in section 4; (p) "event" means a series of individual competitions conducted together under anyone ruling body, such as Olympic Games, World Championships of an International Federation and such other event; (q) "In-competition Testing" means collection of sample for testing from an athlete who is participating in a competition where such collection is made at any time during the period commencing at 11:59 p.m. on the day before the competition in which such athlete is scheduled to participate till the end of such competition and the sample collection process related to such competition; (r) "international event" means an event or competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a major event organisation or another international sport organisation is the governing body for such event or appoints the technical officials for the event; (s) "International Federation" means the international governing body for a particular sport; (t) "Member" means a Member of the Board appointed under sub-section (2) of section 7 and includes the Chairperson thereof; (u) "national event" means a sport event or competition involving international level or national level athletes which is not an international event; (v) "National Sports Federation" means any recognised body governing a particular sport to which the Code is applicable; (w) "Other Anti-Doping Organisations" means organisations which are responsible for adopting anti-doping rules for initiating, implementing or enforcing any part of the doping control process and include the World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee, other major event organisations that conduct testing at their events and International Federations, but does not include the Agency; (x) "Out-of-competition Testing" means sample collection during any period other than the period specified for in-competition testing; (y) "person" means a natural person or an organisation or other entity; (z) "prescribed" means prescribed by rules made under this Act; (za) "Prohibited List" means the list of prohibited substances and prohibited methods specified by the Agency by regulations; (zb) "prohibited method" means any method listed in the Prohibited List; (zc) "prohibited substance" means any substance listed in the Prohibited List; (zd) "regulations" means regulations made by the Board or the Agency, as the case may be; (ze) "sample" means any biological material collected from an athlete for the purpose of doping control under this Act; (zf) "Society" means the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, registered as a society under the Societies Registration Act, 1860 and functioning as such immediately before the commencement of this Act; (zg) "testing" means the parts of the doping control process involving test distribution planning, sample collection, sample handling, sample transport to the laboratory and testing of samples; (zh) "use" means the utilisation, application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method; (zi) "World Anti-Doping Agency" means an international agency established on 10th November, 1999 in Switzerland which adopts and amends the Code for giving effect to anti-doping policies and international standards. Chapter II PROHIBITION OF DOPING IN SPORT AND ANTI-D OPING RULE VIOLATIONS ------------------------------------------------------------------------------- ### 3. Prohibition of doping in sport. (1) No athlete, athlete support personnel or other persons shall indulge in doping in sport. (2) Every athlete, athlete support personnel or other persons shall ensure that there is no occurrence of any Anti-Doping Rule Violation as specified in section 4. (3) Every athlete shall participate in a sport competition at all levels with highest standards of integrity and ethics and in accordance with the provisions of this Act and the rules and regulations made thereunder. (4) Every athlete, athlete support personnel and other persons participating or involved in sport shall accept the anti-doping rules as a condition of such participation or involvement and be bound by the provisions of this Act and the rules and regulations made thereunder. (5) Every athlete, athlete support personnel and other persons shall be responsible for knowing what constitutes Anti-Doping Rule Violations and the restrictions on the use of prohibited substances and the prohibited methods which are included in the Prohibited List. (6) The provisions of this Act shall apply to such persons who are specified by the Central Government to be protected persons, to such extent and in such manner, as may be prescribed. ### 4. Anti-Doping Rule Violations. Anyone or more of the following circumstances or acts or conduct by an athlete or athlete support personnel or other persons shall constitute Anti-Doping Rule Violation for the purposes of this Act, namely:— (a) the presence of a prohibited substance or its metabolites or markers in an athlete's sample; (b) use or attempted use of any prohibited substance or a prohibited method, unless such use is exempted by the Agency under section 5; (c) refusing or failing without compelling justification, to submit sample collection after notification as authorised in applicable anti-doping rules or otherwise evading sample collection; (d) whereabouts failure; Explanation.—For the purposes of this clause, the term "whereabouts failure" means— (i) filing failure, that is to say, the athlete has failed to submit his whereabouts information before the required deadline or to update the same after change in circumstances or if submitted on time, has submitted incomplete, inaccurate or insufficient information to locate him for testing; or (ii) missed test, that is to say, though the athlete has filed his whereabouts information, he is not available at the location for testing; or (iii) such other omissions or failures as may be specified by the Agency by regulations; (e) tampering, or attempting to tamper, with any part of doping control; (f) possession of prohibited substances or prohibited methods; (g) trafficking or attempted trafficking in any prohibited substance or prohibited method; (h) administration or attempted administration of a prohibited substance or prohibited method to any athlete; (i) assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of complicity involving an Anti-Doping Rule Violation or any attempted Anti-Doping Rule Violation or violation of the prohibition against participation durin ineligibility or provisional suspension; (j) prohibited association with such athlete, athlete support personnel or other persons as may be specified by the Agency by regulations; (k) discouraging or retaliating against reporting to authorities; (l) such other circumstances, or engaging in such other acts or conduct, which amounts to Anti-Doping Rule Violation, as may be specified by the Agency by regulations. ### 5. Therapeutic Use Exemptions. (1) Where any substance or method is included in the Prohibited List and such prohibited substance or prohibited method is required for use by any athlete on the ground of medical conditions, such athlete may make an application to the Agency for granting Therapeutic Use Exemption in respect of such prohibited substance or prohibited method. (2) The Agency may consider the application received by it under sub-section (1) in such manner and after taking into consideration such criteria as may be specified by regulations. (3) The Agency shall, either grant or refuse to grant Therapeutic Use Exemptions in respect of the application received under sub-section (1), in such manner as may be specified by regulations. (4) Any person aggrieved by the decision of the Agency under sub-section (3) may prefer an appeal to the Appeal Panel. ### 6. Consequences of Anti-Doping Rule Violations. (1) The consequences of Anti-Doping Rule Violations by an individual athlete or athlete support personnel may result in one or more of the following, namely:— (a) disqualification of results with all consequences including forfeiture of medals, points and prizes, in such manner as may be specified by the Agency by regulations; (b) ineligibility to participate in any competition or event or other activity or funding, for such period and in such manner, as may be specified by the Agency by regulations; (c) provisional suspension from participating in any competition or activity prior to the decision in appeal under section 23 in such manner as may be specified by the Agency by regulations; (d) imposition of financial sanction including proportionate recovery of costs, in such manner as may be specified by the Agency by regulations; (e) public disclosure and such other consequences as may be specified by the Agency by regulations. (2) The consequences of Anti-Doping Rule Violations for team sports and protected persons shall be such as may be specified by regulations. Chapter III NATIONAL B OARD FOR ANTI-DOPING IN SPORTS ---------------------------------------------------------- ### 7. Establishment and constitution of National Board for Anti-Doping in Sports. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established, for the purposes of this Act, a Board to be called the National Board for Anti-Doping in Sports. (2) The Board shall consist of a Chairperson and two Members to be appointed by the Central Government: Provided that no person shall be appointed as the Chairperson or Member of the Board, or continue to hold such position, if such person is involved in the management or operation of any International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, National Paralympic Committee or is in the Government department with responsibility for sport or anti-doping. (3) The Chairperson shall be a person of ability, integrity and standing who has knowledge and experience of not less than twenty years in the field of general administration, sport administration or is a retired eminent athlete. (4) A Member shall be a person of ability, integrity and standing who has knowledge and experience of not less than fifteen years in the field of general administration, medical sciences, law or is a retired eminent athlete. Explanation.—For the purposes of this sub-section, the term "eminent athlete" means a sportsperson who has been conferred with a national sports award or Padma award for his outstanding contribution to the development of national sports in terms of medals won in international events. (5) The term of office of the Chairperson and Members shall be three years or till they attain the age of sixty-five years, whichever is earlier. (6) In the event of the occurrence of a vacancy in the office of the Chairperson or Member by reason of death, resignation or otherwise, or, when the Chairperson or Member is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may assign temporary charge of such office to any person who fulfils the requisite qualification and experience as provided in section 7, and such person shall discharge the functions of the Chairperson or Member, as the case may be, until a new Chairperson or Member, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office, or until the date on which the Chairperson or Member resumes the charge of his functions. (7) The Chairperson or a Member shall not accept, either during his term of office or for a period of one year from the date on which he ceases to hold office, any employment, in any capacity whatsoever, with any International Federation or National Sports Federation or with any organisation, body or entity whose matter has been dealt with, directly or indirectly, by such Chairperson or Member: Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution controlled or maintained by the Central Government or a State Government. (8) The Chairperson or a Member may— (a) relinquish his office by giving in writing to the Central Government, a notice of not less than three months; or (b) be removed from his office by the Central Government, if he— (i) has been adjudged an insolvent; or (ii) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (iii) has become physically or mentally incapable of acting as a Member; or (iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (v) has so abused his position as to render his continuance in office prejudicial to the public interest; or (vi) has been found to have committed any Anti-Doping Rule Violation: Provided that no person shall be so removed from his office under sub-clause (iv) or sub-clause (v) of clause (b), unless such person has been given a reasonable opportunity of being heard in the matter. (9) The salaries and allowances payable to, and other conditions of service of, the Chairperson and members shall be such as may be as prescribed. ### 8. Meetings of Board. (1) The Board shall meet at such times and places, and shall observe such procedure with regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations made by the Board. (2) Every decision of the Board shall, as far as possible, be on the basis of a simple majority. (3) No act or proceeding of the Board shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case. ### 9. Officers and employees of Board. (1) The Central Government shall provide the Board with such officers and employees as may be necessary for the efficient discharge of its functions under this Act. (2) The salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board shall be such as may be prescribed. ### 10. Powers and functions of Board. (1) Subject to the provisions of this Act, the Board shall be responsible for ensuring implementation of the international obligations and commitments and monitoring the compliance thereof. (2) The Board shall advise the Central Government and make recommendations relating to regulating anti-doping in sports and international obligations and commitments. (3) The Board shall oversee the activities of the Agency and may call for such information and reports from the Agency as may be required including reports on— (a) the activities of Agency towards ensuring compliance with the anti-doping rules; (b) matters of integrity and fair play in sports; (c) implementation of the notified or adopted anti-doping measures or policies; (d) strategic planning of its anti-doping activities for the forthcoming years; (e) any other matter which the Board may deem expedient for fulfilling the objective of eliminating doping in Sports. (4) The Board may make such recommendations to the Agency as may be necessary for elimination of doping in sport. (5) The Board may call for such information from the Disciplinary Panel and the Appeal Panel on its operations and issue such directions, as may be necessary, for the effective and timely discharge of their functions with respect to Anti-Doping Rule Violations under this Act: Provided that such directions shall be limited to procedural efficiency of the Disciplinary Panel and the Appeal Panel and shall not, in any case, interfere with their decision making process. ### 11. Disciplinary Panel. (1) The Board shall, for the purpose of determining the consequences of Anti-Doping Rule Violations under this Act, constitute a National Anti-Doping Disciplinary Panel, in such manner as may be specified by regulations. (2) The Disciplinary Panel shall consist of— (a) a Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner; (b) four Vice-Chairpersons, who are legal experts, having not less than seven years of standing as legal practitioners; (c) five members, who are registered medical practitioners, having not less than five years of standing; (d) five members, who are sports administrators for not less than five years or retired eminent athletes. (3) The Chairperson, Vice-Chairperson and other members of the Disciplinary Panel shall be appointed by the Board for a term of two years, in such manner and subject to such conditions, as may be specified by regulations: Provided that each member shall be eligible for reappointment. (4) If a member of Disciplinary Panel dies or resigns, or is otherwise removed from the Panel by the Board on such grounds as may be specified by regulations, the Board may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed. (5) For the purposes of hearing and determining consequences of Anti-Doping Rule Violations under this Act, a hearing panel of three members shall be formed by the Chairperson of the Disciplinary Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete. ### 12. Appeal Panel. (1) For the purposes of hearing of appeals under this Act, the Board shall constitute a National Anti-Doping Appeal Panel, in such manner as may be specified by regulations. (2) The Appeal Panel shall consist of— (a) a Chairperson, who is a retired Judge of a High Court; (b) a Vice-Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner; (c) two members, who are registered medical practitioners, having not less than ten years of standing; (d) two members, who are, or have been, retired eminent athletes or sports administrators for not less than ten years. (3) The Chairperson, Vice-Chairperson and other members of the Appeal Panel shall be appointed by the Board for a term of two years, in such manner and subject to such conditions, as may be specified by regulations: Provided that each member shall be eligible for reappointment. (4) If a Panel member dies or resigns, or is otherwise removed from the Panel by the Board on such grounds as may be specified by regulations, the Board may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed. (5) For the purposes of hearing of appeals under this Act, a panel of three members shall be formed by the Chairperson of the Appeal Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete. ### 13. Annual report. (1) The Board shall furnish to the Central Government an annual report containing such details of the steps taken, proposals made, researches undertaken and other measures undertaken by it in pursuance of its functions under section 10, in such form and manner as may be prescribed. (2) The Central Government shall cause the annual report furnished under sub-section (1) to be laid before each House of Parliament. Chapter IV NATIONAL ANTI-DOPING AGENCY ------------------------------------------- ### 14. Incorporation of National Anti-Doping Agency. (1) The National Anti-Doping Agency, established as a society and functioning as such, prior to the coming into force of this Act, is hereby constituted a body corporate by the same name, and as such body corporate, it shall have 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 that name, sue and be sued. (2) The Head Office of the Agency shall be at New Delhi. (3) The Agency shall be headed by an officer designated as the Director General to be appointed by the Central Government: Provided that the Director General appointed prior to the commencement of this Act and holding the office as such, shall be deemed to have been appointed as the Director General under this Act. (4) The Central Government shall, in consultation with the Board and the Director General, determine the number, nature and categories of officers and other staff required to assist the Agency in the discharge of its function and provide the Agency with such officers and employees as it may deem fit. (5) The salaries and allowances payable to, and other terms and conditions of service of, the Director General, officers, and other staff of the Agency shall be such as may be prescribed. (6) The power to oversee the activities of the Agency shall vest in the Board. ### 15. Director General. (1) The Director General shall be appointed by the Central Government from amongst persons of integrity and outstanding ability possessing such qualifications and experience as may be prescribed. (2) The Director General shall hold office on full-time basis for a period of three years, which may be extended to such further period, as the Central Government deems fit. (3) The Director General shall be responsible for the execution of the powers and functions of the Agency specified in section 16. (4) The Board may assign such responsibilities to the Director General from time to time as it may deem expedient for fulfilling the objective of eliminating doping in sport. (5) In the event of the occurrence of a vacancy in the office of the Director General by reason of his death, resignation or otherwise, the Central Government may appoint any other person to discharge the functions of the Director General until a new Director General is appointed in accordance with the provisions of this Act to fill such vacancy. (6) When the Director General is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint any other person to act as the Director General until the date on which the Director General resumes the charge of his functions. (7) The Director General may relinquish his office by giving in writing to the Central Government a notice of not less than three months: Provided that such resignation shall be effective from the date when it is accepted by the Central Government. (8) The Central Government may remove the Director General at any time before the expiry of his term of office on the ground of proven misbehavior or incapacity or such other ground, after giving him a reasonable opportunity of showing cause against any such charge. (9) The Director General shall have administrative control over the officers and other staff of the Agency. ### 16. (1) The Agency shall be responsible for adopting and implementing anti-doping rules, regulations and policies which conform to international obligations and commitments for promoting, coordinating and monitoring the doping control programme in sports to ensure dope-free sport. (2) The Agency shall have the primary responsibility to implement the provisions of this Act and may direct the collection of samples, manage test results and conduct results management at the national level. (3) Without prejudice to the generality of the foregoing provisions, the Agency shall perform the following functions, namely:— (a) the planning, coordination, implementation and monitoring of anti-doping activities, including effective testing and whereabouts management; (b) taking measures to prevent Anti-Doping Rule Violations; (c) undertaking anti-doping sensitisation and advocacy measures; (d) carrying out investigation and conducting results management of any Anti-Doping Rule Violations; (e) adopting and implementing anti-doping rules and policies which conform to international obligations and commitments and perform its functions in accordance with such rules and policies; (f) implementing the Convention in accordance with the Act; (g) enforcing anti-doping rules by exercising authority over athletes, athlete support personnel and other persons, including National Sports Federations and other sports organisations; (h) promoting anti-doping research; (i) coordinating and cooperating with the World Anti-Doping Agency, Other Anti-Doping Organisations, National Sports Federations and International Federations; (j) coordinate and collaborate with concerned authorities and stakeholders in matters relating to establishment of best practices in the marketing and distribution of nutritional supplements including information regarding their analytical composition and quality assurance; (k) facilitating sharing and free flow of information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation between sports bodies, officials conducting competition or event, Other Anti-Doping Organisations and the Agency; (l) establishing code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency; (m) establishing standards for the manufacturing of nutritional supplements for sport in India; (n) undertaking any other activity specified by regulations by the Board that may be expedient for fulfilling the objective of eliminating doping in sport. (4) The Agency may make such regulations, as it deems necessary, for the effective discharge of its functions. ### 17. Power to constitute committees. The Agency may constitute such committees, as it deems fit, for the discharge of its function under this Act, including Therapeutic Exemption Committee, Investigation Committee, Sample Collection and Testing Committee, Result Management Committee and Education Committee, in such manner as may be specified by regulations. ### 18. Constitution of investigation teams and engagement of experts and professionals by Agency. (1) Where the Agency considers it necessary so to do, it may constitute one or more investigation teams, consisting of such officers or such persons, as it thinks necessary, for the purposes of carrying out its functions under this Act. (2) The Agency may engage such number of experts and professionals, having such qualifications and experience, and in such manner, as may be specified by regulations, to assist the Agency in the discharge of its functions under this Act. Chapter V DOPING CONTROL PROCESS ------------------------------------- ### 19. Power of entry, search and seizure. (1) Where the Agency has reasons to believe that an athlete or athlete support personnel or any other person to whom this Act applies has committed an Anti-Doping Rule Violation, any person authorised by the Agency may, in accordance with the provisions of the Code of Criminal Procedure, 1973,— (a) enter any place, at all reasonable times, with such assistance as is considered necessary, for the purpose of inspecting, examining and determining if any Anti-Doping Rule Violation has been committed or is being committed; (b) search any premises in which the officer has reason to believe that any Anti-Doping Rule Violation has been, or is being, or is about to be, committed; (c) seize any equipment, device, substance, record, register, document or other material object, if such officer believes that it may furnish evidence of such Anti-Doping Rule Violation or that seizure is necessary to prevent or mitigate any Anti-Doping Rule Violation. (2) Save as otherwise provided in this Act, the procedure for investigation or taking any other action under this section shall be such as may be specified by regulations. ### 20. Power of collecting samples and testing. Where the Agency has reasons to believe that an athlete has committed an Anti-Doping Rule Violation, it shall require such athlete to submit samples for testing, in accordance with such procedure and in such manner, as may be specified by regulations. ### 21. Result management process. (1) After receiving an adverse report from a dope testing laboratory showing presence of any prohibited substance in the sample of an athlete, the Agency shall carry out initial examination of the report in such manner as may be specified by regulations, and verify if Therapeutic Use Exemption has been granted to such athlete in respect of such substance. (2) Where, after examination and verification under sub-section (1), the Agency is satisfied that no Therapeutic Use Exemption has been granted to the athlete, it shall take such actions and in such manner as may be specified by regulations. ### 22. Hearing by Disciplinary Panel and determination of consequences thereof. (1) After the issuance of a notice by the Agency to the athlete or other person asserting the commission of Anti-Doping Rule Violation under this Act, if such athlete or the other person does not waive his right of hearing in the manner specified by regulations, the Agency shall refer such matter to the Disciplinary Panel for hearing and determination of consequences of such Anti-Doping Rule Violation. (2) The Disciplinary Panel shall hear and determine all issues arising from any matter which is referred to it, and determine the consequences of Anti-Doping Rule Violations. (3) Every party shall have a right to be represented, and to have an interpreter, at their own cost. (4) The Disciplinary Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require. (5) Subject to such regulations as may be made by the Board, the Disciplinary Panel shall have power to regulate its own procedure. (6) Each party to the proceedings shall have right to present the evidence, including the right to call and question witnesses, subject to the discretion of the Disciplinary Panel. (7) The parties to the proceedings may submit written submissions with all documents relied upon, in such manner and within such time, as may be specified by regulations. (8) The Disciplinary Panel shall after hearing all parties and after considering all evidence placed before it, by an order in writing made unanimously or by majority, determine the consequences of Anti-Doping Rule Violations in accordance with the provisions of section 6 and the regulations made thereunder. (9) The decision of the Disciplinary Panel shall be communicated in such manner, as may be specified by regulations. ### 23. Hearing of appeal by Appeal Panel. (1) Any person who is aggrieved by any decision under this Act, including— (a) a refusal to grant Therapeutic Use Exemption under section 5; (b) imposition of consequences for an Anti-Doping Rule Violation under section 6; (c) such other decision as may be specified by regulations, may prefer an appeal to the Appeal Panel in such form, within such time, and in such manner, as may be specified by regulations. (2) Subject to such regulations as may be made by the Board, the Appeal Panel shall have power to regulate its own procedures. (3) The Appeal Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require. (4) Every party shall have a right to be represented, and to have an interpreter, at their own cost. (5) Each party to the proceedings shall have right to present relevant evidence, to call and examine witnesses and to submit written and oral submissions. (6) The Appeal Panel shall complete hearing as expeditiously as possible, and endeavour shall be made to dispose of such appeal within three months of the date of order of the Disciplinary Panel. (7) The Appeal Panel shall, after hearing all parties and considering all evidences placed before it, by an order in writing, made unanimously or by majority, either confirm or vary or set aside the order of the Disciplinary Panel. (8) The decision of the Appeal Panel shall be communicated to the parties concerned, in such manner, as may be specified by regulations. (9) Any person who is aggrieved by the decision of the Appeal Panel may prefer an appeal to the Court of Arbitration for Sport, in accordance with such rules as may be provided by the Court of Arbitration for Sport. Explanation.—For the purposes of this sub-section, "Court of Arbitration for Sport" means an international body established in 1984 to settle disputes related to sport through arbitration whose headquarter is in Lausanne, Switzerland. Chapter VI FINANCE , ACCOUNTS , AUDIT AND REPORTS ------------------------------------------------------ ### 24. Grants by Central Government. The Central Government may, after due appropriation made by Parliament by law in this behalf, grant such sums of money as the Central Government may think fit for being utilised for the purposes of this Act and to comply with its commitments under the Convention, and such funds shall be utilised to meet all the expenses incurred on administrative and operational requirements of the Board, the Agency and the national Dope Testing Laboratory established under sub-section (1) , or under clause (b) of sub-section (2), of section 26 (hereafter in this Chapter referred to as the concerned bodies), in such manner as may be specified by regulations. ### 25. Accounts and audit. (1) The concerned bodies shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the concerned bodies shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the concerned bodies to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the concerned bodies shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the concerned bodies. (4) The accounts of the concerned bodies as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the concerned bodies and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. Chapter VII MISCELLANEOUS ------------------------------ ### 26. (1) The National Dope Testing Laboratory, established and functioning as such prior to the commencement of this Act shall be deemed to be the principal dope testing laboratory established under this Act and shall continue to function for the purposes of this Act in such manner as may be prescribed. (2) The Central Government may,— (a) recognise one or more laboratories or institutes located within India as dope testing laboratories to carry out the functions entrusted to a dope testing laboratory under this Act or the rules and regulations made thereunder; (b) establish one or more National Dope Testing Laboratories, including laboratories for undertaking research in anti-doping science and related fields: Provided that every dope testing laboratory recognised or established under this section may, if required, obtain the accreditation of the World Anti-Doping Agency or of such other accrediting bodies, and shall maintain the requisite accreditations as a condition for continuation as a dope testing laboratory under this Act. (3) Every National Dope Testing Laboratory and other dope testing laboratories established or recognised under this section shall have the authority to— (i) test the sample for any sports federation or sports event not recognised by the International Olympic Committee or the Central Government; (ii) undertake sample analysis of sports other than any national or international event; (iii) undertake any other tests or samples analysis as may be prescribed. (4) The Central Government may make rules to provide for— (a) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory; (b) the salaries and allowances payable to, and other conditions of service of, the technical and non-technical staff of the National Dope Testing Laboratory; (c) the standards for establishment, recognition, maintenance and operation of a dope testing laboratory and the manner of granting recognition to such dope testing laboratory; (d) the functions of the dope testing laboratory, the procedure for submission to the said laboratory of samples for analysis or tests and other standard operative procedures. ### 27. Data of athletes and maintenance of database. (1) The Agency shall have the power to collect, use and process the following personal data for the purposes of implementation of the objectives of the Act and in accordance with applicable data privacy regulations, namely:— (a) sex or gender of the athlete; (b) list of Anti-Doping Rule Violations committed by an athlete under the Act and the details of such violation; (c) medical history of the athlete; (d) whereabouts information of the athlete; (e) any other personal data as may be specified by regulations. (2) The Agency may make regulations to govern the procedure for collection, usage, processing and disclosure of the personal data specified in sub-section (1). (3) The Agency shall establish and maintain a database to record all the sanctions awarded by the Agency, the Disciplinary Panel and the Appeal Panel and such other details of the sanctions, in such manner, as may be specified by regulations. (4) The Agency shall publicly disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the athlete or other person committing the Anti-Doping Rule Violation, the prohibited substance or prohibited method involved (if any) and the consequences imposed, in accordance with such procedure as may be specified by regulations. ### 28. Application of Act, rules and regulations to other athletes and sports bodies, etc. (1) The provisions of this Act and the rules and regulations made thereunder shall apply to such other athletes or sport bodies, or to competition or event at such other level, as the Central Government may, by notification in the Official Gazette, specify. (2) Every person to whom this Act is made applicable under sub-section (1), shall be bound by, and have the obligation to comply with, the provisions of this Act and the rules and regulations made thereunder. ### 29. Power to make rules. The Central Government may, by notification in the Official Gazette, make rules for all or any of the following matters, namely:— (a) the protected persons and the extent and manner of application of the provisions of this Act to such persons under sub-section (6) of section 3; (b) the salaries and allowances payable to, and other conditions of service of, the Chairperson and Members of the Board under sub-section (9) of section 7; (c) the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board under sub-section (2) of section 9; (d) the form and the manner in which an annual report shall be furnished under sub-section (1) of section 13; (e) the salaries and allowances payable to, and other conditions of service of, the Director General, officers and other staff of the Agency under sub-section (5) of section 14; (f) the qualifications and experience for appointment as Director General under sub-section (1) of section 15; (g) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 25; (h) the manner in which the National Dope Testing Laboratory shall carry out its functions under sub-section (1) of section 26; (i) the manner of undertaking other tests or samples analysis under clause (iii) of sub-section (3) of section 26; (j) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory, under clause (a) of sub-section (4) of section 26; (k) the salaries and allowances payable to and other conditions of service of the technical and non-technical staff of the National Dope Testing Laboratory, under clause (b) of sub-section (4) of section 26; (l) the standards for establishment, recognition, maintenance and operation of dope testing laboratories and the manner of granting recognition to such laboratories, under clause (c) of sub-section (4) of section 26; (m) the functions of the dope testing laboratory and the procedure for the submission to the said laboratory of samples for analysis or tests, under clause (d) of sub-section (4) of section 26; (n) any other matter which has to be, or may be, prescribed, for fulfilling obligations of the country under the Convention. ### 30. Power to make regulations by Board. The Board may, by notification in the Official Gazette, make regulations, not inconsistent with the provisions of this Act, for all or any of the following matters, namely:— (a) the times and places for meetings and the procedure for transaction of business at meetings of the Board (including the quorum), under sub-section (1) of section 8; (b) the manner of constituting a Disciplinary Panel under sub-section (1) of section 11; (c) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Disciplinary Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 11; (d) the grounds on which a member of Disciplinary Panel may be removed under sub-section (4) of section 11; (e) the manner of constituting an Appeal Panel under sub-section (1) of section 12; (f) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Appeal Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 12; (g) the grounds on which a member of Appeal Panel may be removed under sub-section (4) of section 12; (h) the other activities to be undertaken by the Agency for eliminating doping in sport under clause (n) of sub-section (3) of section 16; (i) the procedure to be followed by the Disciplinary Panel under sub-section (5) of section 22; (j) the manner in which, and the time within which, written submissions may be submitted under sub-section (7) of section 22; (k) the manner of communicating the decision of the Disciplinary Panel under sub-section (9) of section 22; (l) the other decisions against which appeal may be filed, and the form and manner in which and the time within which appeal may be filed, under sub-section (1) of section 23; (m) the procedure to be followed by the Appeal Panel under sub-section (2) of section 23; (n) the manner of communicating the decision of the Appeal Panel under sub-section (8) of section 23; (o) any other matter which has to be, or may be, specified by regulations, for giving effect to the provisions of this Act or for fulfilling obligations under the Convention, except on matters for which the Agency has power to make regulations under section 31. ### 31. Power to make regulations by Agency. (1) The Agency may, for complying with the requirements of international obligations and commitments including the Code, make regulations on the following matters:— (a) the procedure, methods and standards for testing and analysis and sample collection; (b) the procedure and standards for collection, storage and retention of samples and results management in relation to samples; (c) the procedure for investigation and determination of Anti-Doping Rule Violations and imposition of sanctions for an Anti-Doping Rule Violation; (d) the procedures for negative analytical findings and adverse analytical findings, and principles governing the provisional suspension of an athlete or other person alleged to have committed an Anti-Doping Rule Violation; (e) the procedures, methods and standards for assessing and granting Therapeutic Use Exemptions; (f) the procedure for re-entry of a banned athlete; (g) the procedure to be followed for in-competition testing of athletes, methodology for testing and any matters pertaining to in-competition testing of athletes; (h) the procedure for qualifying athletes for out-of-competition testing and procedure for undertaking out-of-competition testing of athletes, collection of whereabouts data of such athletes and any matters pertaining to out-of-competition testing of athletes; (i) the measures for promotion of research and advocacy in relation to sports doping and testing and methods for sensitising athletes, athlete support personnel, other persons and other concerned stakeholders in relation to the ills of doping; (j) the manner of implementing anti-doping control activities and anti-doping education, training and sensitisation programmes to provide updated and accurate information on the harm of doping to the ethical values of sport and the health consequences of doping; (k) the procedure for search and seizure of premises, collection of samples, and collection of information and whereabouts data, and consequences for wilful delay, obstruction, destruction or provision of false information by any person in relation to any exercise of power by an empowered person under this Act; (l) the manner of taking measures for eradicating doping in sports; (m) the manner in which the sports bodies, officials conducting competition or event and other Anti-Doping Organisations may share information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation with the Agency; (n) the manner in which the recommendations made by the Board may be considered by the Agency. (2) In particular, and without prejudice to the generality of the foregoing power, the Agency may make regulations, for giving effect to the provisions of the Act, on all or any of the following matters:— (a) the prohibited substances and prohibited methods in the Prohibited List under clause (za) of section 2; (b) the other omissions or failures under clause (iii) of the Explanation to clause (d) of section 4; (c) the prohibited association with athlete support personnel under clause (j) of section 4; (d) the other circumstances, or engaging in other acts or conduct, which amounts to Anti-Doping Rule Violation, under clause (l) of section 4; (e) the manner of considering the application and the criteria to be taken into consideration under sub-section (2) of section 5; (f) the manner of granting or refusing to grant Therapeutic Use Exemptions under sub-section (3) of section 5; (g) the manner of imposing disqualification of results under clause (a) of sub-section (1) of section 6; (h) the manner of imposing ineligibility to participate in any competition or event or other activity or funding, and the period of such ineligibility, under clause (b) of sub-section (1) of section 6; (i) the manner of imposing provisional suspension from participating in any competition or activity under clause (c) of sub-section (1) of section 6; (j) the manner of imposing financial sanction including proportionate recovery of costs under clause (d) of sub-section (1) of section 6; (k) other consequences under clause (e) of sub-section (1) of section 6; (l) the consequences of Anti-Doping Rule Violations for team sports and protected persons under sub-section (2) of section 6; (m) the code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency, under clause (l) of sub-section (3) of section 16; (n) the effective discharge of functions of the Agency under sub-section (4) of section 16; (o) the manner of constituting committees under section 17; (p) the number of experts and professionals to be engaged by the Agency, the qualifications and experience to be possessed by them, and the manner in which they may be engaged, under sub-section (2) of section 18; (q) the procedure for investigation or taking any other action, under sub-section (2) of section 19; (r) the procedure and the manner for submitting samples for testing under section 20; (s) the manner of carrying out the initial examination of the report of a dope testing laboratory under sub-section (1) of section 21; (t) the actions to be taken, and the manner in which such actions may be taken, under sub-section (2) of section 21; (u) the manner of waiving right of hearing under sub-section (1) of section 22; (v) other personal data under clause (e) of sub-section (1) of section 27; (w) the procedure for collection, usage, processing and disclosure of the personal data under sub-section (2) of section 27; (x) the other details of the sanctions, and the manner of establishing and maintaining a database under sub-section (3) of section 27; (y) the procedure for making public disclosure under sub-section (4) of section 27; (z) any other matter which has to be, or may be, specified by regulations. ### 32. Rules and regulations to be laid before Parliament. Every rule and 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses 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. ### 33. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of five years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. ### 34. Transitional provisions. On and from the commencement of this Act,— (a) the Societies, namely, the National Anti-Doping Agency and the National Dope Testing Laboratory shall stand dissolved; (b) any reference to the Society in any contract or other instrument shall be deemed as a reference to the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (c) all properties, movable and immovable, of or belonging to the Society shall vest in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (d) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (e) every person employed by the Society, immediately before such commencement, shall hold office in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by any regulations made under this Act: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees; (f) if there are any pending proceedings, including any disciplinary, arbitration, appeal or other legal proceedings, of whatever nature, by or against the Society, the same shall not get abated or discontinued by reason of the incorporation of the Society under this Act, but such proceedings may be continued or enforced by or against the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in the same manner and to the same extent as it would or may have been continued or enforced by or against the society, if this Act had not been enacted; (g) any rules and regulations made prior to such commencement, shall, in so far as they are consistent with the provisions of this Act, continue to be applicable till new rules and regulations are made under this Act.
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State of Uttar Pradesh - Act ------------------------------ Roorkee University Act 1947 ----------------------------- UTTAR PRADESH India Roorkee University Act 1947 ============================= Act 9 of 1948 --------------- * Published on 1 January 1948 * Commenced on 1 January 1948 Roorkee University Act 1947 (U. P. Act No. 9 of 1948 ) Last Updated 3rd March, 2020 For SOR see Utter Pradesh Gazette, Extraordinary, dated August 23, 1947 Part. VII. pro 61-63. An Act to establish and incorporate a teaching and residential University at Roorkee Whereas It is expedient to provide for the teaching of all branches of Engineering at the Thomson College of Engineering at Roorkee and incorporate it into a unitary, teaching arid residential University; It Is Hereby enacted as follows: - ### 1. Short title and commencement. (1) This Act may be called the Roorkee University Act, 1947. (2) It shall come into force on such [dates] [The Act came into force on March 1, 1948 vide notification no. 310·TC/XXIII-21.TC/46, dated February 27, 1948 in Gazette, dated March 6, 1948, Part I. P. 160.] as the [State Government] [Substituted by A. O. 1950 for (Provincial Government).] may by notification in the official, Gazette, appoint in this behalf. ### 2. [ Definition. [Substituted by section 2 of U.P. Act No. 10 of 1998.] - In this Act : - (a) "Academic Council" means the Academic Council of the University; (b) "Academic Department" means a teaching Department of the University in which instructions are imparted leading to Bachelor’s or Post Graduate Degree or Diploma; (c) "Academic Centre" means a School, a Centre, a Laboratory, an Institute or the like established by the University, in which research, teaching or training is carried out but which is not covered under clause (b); (d) "Board of Studies" means the Board of Studies of an Academic Department or an Academic Centre constituted in accordance with the regulations; (e) "Dean" means a Dean appointed in accordance with the regulations; (f) "Director or Coordinator" means the Director or Coordinator of an Academic Centre appointed as such in accordance with the regulations; (g) "Finance Committee" means the Finance Committee of the University; (h) "Head of the Academic Department" means the Head of an Academic Department appointed in accordance with the regulations; (i) "Hostel" means a unit of residence for the students of the University maintained or recognized by the University (j) "Registered Graduate" means a graduate registered according to rules framed by the Syndicate under section 20; (k) "Regulations" means a regulations framed by the Syndicate under section 21; (l) "Rule" means a rule framed by the Syndicate under section 20; (m) "Teacher" means a Professor, Associate Professor, Assistant Professor, Reader, Lecturer or any other person impairing instruction in the University; (n) "University" means the Roorkee University established under this Act.] ### 3. The University. - [(1) The Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, if any, and the members of the Senate, the Syndicate, the Academic Council and the Finance Committee, for the time being holding office as such in the University shall constitute a body corporate by the name of the University of Roorkee.] [Substituted by section 3 of U.P. Act No. 10 of 1998.] (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. ### 4. Powers of the University. - The University shall have the following powers; namely : - (1) to provide for instruction in such branches of Engineering and allied subjects as the University may think fit and to make provision for research and for the advancement and dissemination of knowledge in the aforesaid subjects; (2) to hold examinations and to grant degrees to and confer other academic distinctions on persons who - (a) [ have pursued a course of study in the University or partly in the University and partly in any institution approved in that behalf by the University; or [Substituted by section 4 (i) of U.P. Act No. 10 of 1998.] (aa) have carried on research in the University or in any institution approved in that behalf by the University; or] (b) are teachers in educational institutions under conditions prescribed in the regulations and shall have passed the examinations of the University under like conditions ; (3) to confer honorary degrees or other distinctions on approved persons in the manner prescribed in the regulations ; (4) to provide such lectures and instruction for, and to grant such diplomas to persons not being members of the University as the University may determine; (5) to co-operate with other Universities, authorities and institutions in such manner as maybe necessary to advance the objects of the University; (6) to institute [Professorships, Associate Professorships, Assistant Professorships] [Insertion by section 4 (ii) of U.P. Act No. 10 of 1998.] readerships, lecturer ships and other teaching posts required by the University and to appoint persons to such posts ; (7) to institute fellowships arid scholarships, organize exhibitions and award medals and prizes in accordance with the rules and regulations ; (8) to maintain hostels and recognize hostels not maintained by the University, provided that no hostel shall be so recognized for five years from the date this Act comes into force ; (9) to demand and receive such fees as may be prescribed by the regulations; (10) 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; and (11) to do all such other acts and things whether incidental to the powers aforesaid or not, as may be requisite in order to advance the objects of the University as a teaching and examining body, and to promote Engineering and allied subjects; [Provided that the University shall not transfer any immovable property by way of sale, gift, mortgage or lease for a period exceeding thirty years, without the previous approval of the State Government.] [Added by section 4 (iii) of U.P. Act No. 10 of 1998.] ### 5. University open to all classes, castes and creeds. - The University shall be open to all persons of either sex and of whatever race, creed or class and it shall not be lawful for University to impose on any person any restrictions of religious belief or professions in order to entitle him to be admitted thereto as a teacher or student or to hold any office therein or to enjoy or exercise any privilege thereof except where such restriction is a condition of any benefaction accepted by the University. ### 6. Teaching of the University. (1) All recognized teaching in connection with the University courses shall be conducted by the University as prescribed by the regulations. - (2) The courses and curricula shall be prescribed by the regulations. (3) It shall not be lawful for the University to conduct courses or maintain classes for the purpose of preparing students for admission to the University. ### 7. Inspection and enquiry. (1) The [State Government] [Substituted by the A. O. 1950 for (Provincial Government ).] shall have the right to cause an inspection to be made by such person, as it may direct, of the University, its buildings, laboratories, workshops and equipment, and also of the examination, teaching and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the University. The [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] shall in every case give notice to the University of its intention to cause an inspection or inquiry to be made. (2) The [State Government] [Substituted by the A. O. 1950 for (Provincial Government ).] shall communicate to the Senate and the Syndicate its views on the results of any such inspection or inquiry, and shall after ascertaining the opinion of the Senate and the Syndicate thereon, issue such direction to the University as may be necessary. (3) The Syndicate shall report to the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] the action, if any, which is proposed to be taken or has been taken upon the direction issued by the [State Government] [Substituted by the A. O. 1950 for (Provincial Government ).] under sub-section (2) . The report shall be submitted within such times as may be directed by the [State Government] [Substituted by the A. O. 1950 for (Provincial Government ).] through the Senate which may express its opinion thereon. (4) If it appears to the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] that the University has made default in performing a duty imposed on it by or under this Act or has failed to carry out any direction issued under subsection (2) the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] may, in exceptional circumstances appoint an officer to perform such duty or carry out such direction at the expense of the University. ### 7A. [ Review Committee of the University. [Added by section 5 of U.P. Act No. 10 of 1998.] (1) There shall be a Review Committee of the University to review the over all performance of the University. (2) The Committee referred to in sub-section (1) shall consist of nine members to be nominated by the Chancellor from amongst the persons who have excelled in the field of engineering, technology or science. (3) The member of the Review Committee shall hold office at the pleasure of the Chancellor and shall get such facilities and honorarium as may be prescribed by the Rules. (4) Subject to sub-section (1), the Committee referred to therein shall at the end of every three years from the date of commencement of the Uttar Pradesh Roorkee University (Amendment) Act, 1997 independently review the academic performance of the University and submit, its report to the Chancellor who may take such actions thereon as he may deem expedient and necessary under the Act.] ### 8. Officers of the University. - The following shall be the officers of the University - (1) The Chancellor. (2) The Vice-Chancellor. (3) The Pro-Vice-Chancellor. (4) The Registrar. (5) Such, other officers as maybe declared by the regulations to be officers of the University. ### 9. The Chancellor. (1) The Chancellor shall be nominated by the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] (2) The term of office of the Chancellor shall be three years. (3) The Chancellor shall have such powers as may be conferred on him by this Act or the rules. (4) Every proposal for the conferment of an honorary degree or distinction shall be subject to the confirmation of the Chancellor. ### 10. [ The Vice- Chancellor. [Substituted by section 6 of U.P. Act No. 10 of 1998.] (1) The Vice-Chancellor shall be appointed by the Chancellor out of a panel of a minimum of three engineers, scientists or technologists, nominated by a Committee consisting of the President of Indian National Academy of Engineering or President of the Institution of Engineers (India), and two other members appointed by the State Government. The Vice-Chancellor shall hold office on such terms and subject to such conditions as may be prescribed by the rules. (2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reasons of leave, illness or any other cause, and - (i) such vacancy is for a period not exceeding two months the Pro-Vice-Chancellor, if any, appointed or if there is no Pro-Vice-Chancellor or the Pro-Vice- Chancellor too is absent, the senior most Professor of the University, shall exercise the powers and perform the duties of the Vice-Chancellor until the expiry of the period of two months or the vacancy in the office of the Vice-Chancellor is filed or the Pro-Vice-Chancellor, if any, takes over, whichever occurs first; (ii) such a vacancy is for a period exceeding two months, the Chancellor may appoint any suitable engineer, scientist or technologist to the office of the Vice-Chancellor for a term not exceeding six months, which may, from time to time be extended up to a total period of one year, including the term fixed in the original order.] ### 11. Powers and duties of the Vice-Chancellor. (1) The Vice-Chancellor shall be a whole- time officer of the University. He shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor preside at the meetings of the Senate and at any Convocation of the University. He shall be an ex officio member and [Chairman of the Syndicate, Academic Council and the Finance Committee and] [Substituted by section 7 (a) of U.P. Act No. 10 of 1998.] shall be entitled to be present and to speak at any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of the authority or body concerned. (2) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the rules and regulations are faithfully observed, and shall have all powers necessary for this purpose. (3) The Vice-Chancellor shall have power to convene meetings of the [Senate, the Syndicate, Academic Council and the Finance Committee] [Substituted by section 7 (b) of U.P. Act No. 10 of 1998.] : Provided that he may delegate his power to any other officer of the University. (4) (a) In any emergency which, in the opinion of the Vice-Chancellor, requires that immediate action should be taken, he shall take such action as he deems necessary, and shall at the earliest opportunity thereafter report his action to the officer, authority or other body who or which in the ordinary course would have dealt with the matter. (b) When the action taken by the Vice-Chancellor under clause (a) affects any person in the service of the University such person shall be entitled to prefer an appeal to the Syndicate within fifteen days from the date on which such action communicated to him. (5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, 'dismissal and suspension of the officers and teachers of the University, and shall exercise general control over the affairs of the University. He shall be responsible for the discipline of the University in accordance with the provisions of this Act, the rules and the regulations. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the rules or regulations. ### 12. [ The Pro-Vice-Chancellor. [Substituted by section 8 of U.P. Act No. 10 of 1998.] (1) The Vice-Chancellor, if he considers necessary, may appoint a Pro-Vice-Chancellor from amongst ten senior most Professors of the University. (2) The Pro-Vice-Chancellor shall discharge his duties in addition to his duties as Professor. (3) The Pro-Vice-Chancellor shall hold office at the pleasure of the Vice-Chancellor. (4) The Pro-Vice-Chancellor shall get such facilities and honorarium as may be prescribed by the rules. (5) The Pro-Vice-Chancellor shall, assist the Vice-Chancellor in such matters as may be specified by the Vice-Chancellor from time to time, shall exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor and shall in the absence of the Vice-Chancellor exercise the powers and perform the duties of the Vice-Chancellor.] ### 13. The Registrar. - The Registrar shall be a whole-time officer of the University and shall act as Secretary of the [Senate, the Syndicate, the Finance Committee and the Academic Council and shall be appointed in the manner prescribed by rules.] [Substituted by section 9 of U.P. Act No. 10 of 1998.] He shall exercise such other powers and perform such other duties as may be prescribed by the rules or regulations. ### 14. Other Officers. - The powers of the officers of the University other than the Chancellor, Vice-Chancellor, Pro-Vice-Chancellor and the Registrar shall be prescribed by the rules or regulations. ### 15. Authorities of the University. - The following shall be authorities of the University : - (1) The Senate; (2) The Syndicate; [(2-a) The Academic Council; [Substituted by section 10 of U.P. Act No. 10 of 1998.] (2-b) The Finance Committee;] (3) Such other authorities as may be declared by the regulations to be the authorities of the University. ### 16. [ The Senate. [Substituted by section 11 of U.P. Act No. 10 of 1998.] (1) The Senate shall consist of the following members; namely :- Class I- Ex-officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Pro-Vice-Chancellor, if any; (iv) the Secretary to the Government of Uttar Pradesh, in the Technical Education Department or his nominee not below the rank of Joint Secretary; (v) all Deans; (vi) all Heads of the Academic Department and all Directors or Coordinators of Academic Centers; (vii) the Registrar, CLASS II- Life members - (viii) persons not exceeding three appointed by name by the Chancellor to be life members on the ground that they have distinguished in or have rendered meritorious services to engineering and technological science or education; (ix) all persons who have made donations of not less than ten lakh rupees to or for the purposes of the University; (x) all other persons who are life members on the date of commencement of the Uttar Pradesh Roorkee University (Amendment) Act, 1997; Class III- Representation of Parliament and State Legislature: (xi) two members of the Lok Sabha to be nominated by the Speker of the Lok Sabha; (xii) one member of the Rajya Sabha to be nominated by the Chairman of the Rajya Sabha; (xiii) four members of Vidhan Sabha of the State to be elected by it; (xiv) two members of the Vidhan Parishad of the State to be elected by it; Class IV - Registered Graduates : (xv) ten representatives of the registered graduates of the University to be elected in the manner prescribed by the rules; Class V - Representatives of the Teachers : (xvi) thirty teachers of the University other than those who are already members in some other capacity, to be elected from amongst themselves. The number of their election shall be such as may be prescribed by rules : Provided that a member once so elected shall not cease to be a member during the term for which he was so elected merely because he was appointed to any higher category of teachers; Class VI - Representatives of Non-Teaching Employees : (xvii) four representatives of the Non-Teaching Employees of the University to be nominated by the Vice-Chancellor; Class VII - Other members to be nominated by the State Government representing the following special interests or fields, namely :- (xviii) one representative of the Institution of Engineers (India); (xix) six representatives of the Public Sector Industries, Corporations, Research, Defence or other organizations; (xx) three representatives of the private sector industries or organizations; (xxi) one representative each of the Railways and Irrigation and Public Works Department of the State Government; (xxii) two representatives of the industrial organizations in the neighbourhood of the University; (xxiii) two representatives of the research institutions in the neighbourhood of the University; (xxiv) two representatives of the professional bodies of various disciplines of the University; (xxv) three representatives from amongst the Vice-Chancellors, Directors and Principals respectively of the Universities, Institutes and Colleges in the State having degree courses in Engineering or Technology. (2) The term of office of a member of classes III, IV, V and VII referred to in sub-section (1) shall be three years and of a member of class VI referred to in t he said sub-section shall be one year, commencing from the date of first meeting of the Senate held after his election or nomination, as the case may be. (3) A person who became a member of the Senate (whether by election or nomination) by virtue of holding a particular office, shall cease to be such member on ceasing to hold such office notwithstanding that his term if any, has not expired.]1 ### 17. Powers and duties of the Senate. (1) Subject to the provisions of this Act, the Senate shall exercise the following powers and perform the following duties : (a) of considering, amending or cancelling such regulations made by the Syndicate as need the approval of the Senate under this Act or the rules, (b) of considering and passing resolutions on matters affecting the welfare of the University, on the annual accounts and the Financial estimates, and (c) of exercising such other powers and performing such other duties as may be conferred or imposed upon it by this Act, or the rules. (2) The Senate shall on a date to be fixed by the Vice-Chancellor meet once a year at a meeting to be called "the annual meeting of the Senate. (3) The Vice-Chancellor may, whenever he thinks fit, and shall upon a requisition in writing signed by not less than twenty members of the Senate, convene a special meeting of the Senate. ### 18. [ The Syndicate. [Substituted by section 12 of U.P. Act No. 10 of 1998.] (1) The Syndicate shall be the Executive Body of the University. (2) The Syndicate shall consist of the following members; namely - (a) The Vice-Chancellor; (b) The Pro-Vice-Chancellor; (c) three Heads of the Department and one Director or coordinator of Academic Centers to be nominated by the Academic Council by rotation in the manner prescribed by the rules; (d) the Dean of Students Welfare; (e) nine representatives of teachers, other than those who are already members of the Syndicate in any other capacity, to be elected by the Senate. The number of the different categories of teacher and the manner of their election shall be such as may be prescribed by the rules; (f) four persons to be elected by the Senate from amongst such of its members as are not in the service of the University; (g) two persons from amongst eminent engineers and architects not in the service of the university to be nominated by the Chancellor in the manner prescribed by the rules; (h) two persons from amongst the eminent educationists and scientists not in the service of the University; (i) the Secretary to the Government of Uttar Pradesh in the Technical Education Department or his nominee not below the rank of a Joint Secretary. (3) the term of office of the members referred to in clauses (c), (e), (f), (g) and (h) of sub-section (2) shall be three years, commencing from the date of the first meeting of the Syndicate held after his election or nomination, as the case may be. (4) A person who became a member of the syndicate (whether by election or nomination) by virtue of holding a particular office, shall cease to be such member on ceasing to hold such office, notwithstanding that his term if any, has not expired.]2 ### 19. Powers and duties of the Syndicate. (1) The Syndicate shall, subject to the approval of the [State Government] [Substituted by the A, O, 1950 for (Provincial Government).] in the case of (1) the appointment of officers and teachers, (2) the budget, (3) extraordinary expenditure (4) extension of courses, and (5) any other matter ordered by the [State Government] [Substituted by the A, O, 1950 for (Provincial Government).] : (a) hold, control and administer the property and funds of the University; (b) direct the form, custody and use of the Common Seal of the University; (c) subject to the powers conferred by this Act on the Vice-Chancellor, regulate and determine all matters concerning the University in accordance with this Act and rules and regulations; (d) administer any funds placed at the disposal of the University for specific purposes ; (e) have power to accept transfer of any movable or immovable property on behalf of the University; (f) save as otherwise provided by this Act and the rules, appoint the officers (other than the Chancellor and Vice-Chancellor), teachers and other servants of the University and specify their duties and the conditions of service and provide for filling the temporary vacancies in their posts; (g) appoint examiners; (h) publish the results of the University examinations; (i) exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, the rules or the regulations; and - (j) exercise all other powers of the University not otherwise provided for by this Act, rules or the regulations. (2) Any regulations made for the purpose of clauses (b), (e), (f) and (g) of sub-section (1) for such other regulations, as may be so prescribed by the rules, shall be subject to the approval of the Senate. (3) [ The Syndicate shall not take any decision in regard to the number and qualifications of teachers and the fees payable to the examiners without considering the recommendations of the Academic Council.] [Substituted by section 13 of U.P. Act No. 10 of 1998.] ### 19A. [ The Academic Council. [Section 19-A, 19-B, 19-C and 19-D added by section 14 of U.P. Act No. 10 of 1998.] (1) The Academic Council shall be the Principal Academic Body of the University. (2) The Academic Council shall consist of the following members :- Class I - Ex-officio members (i) The Vice-Chancellor; (ii) the Pro-Vice-Chancellor, if any appointed; (iii) all Heads of Academic Department; (iv) all Directors or Coordinators of Academic Centers; (v) the Librarian; (vi) one nominee of the University Grants Commission, New Delhi; (vii) one nominee of the Department of Education in the Ministry of Human Resource Development, Government of India; (viii) the Secretary to the Government of Uttar Pradesh, in the Technical Education Department or his nominee not below the rank of Joint Secretary; (ix) all Deans; (x) the Registrar; Class II - Representatives of Teachers : (xi) five senior most Professors of the University; (xii) two teachers from each academic Department, nominated by the Vice-Chancellor by rotation in order of seniority; Provided that only such Lecturers shall be eligible for nomination who have atleast three years experience as Lecturer or in equivalent capacity; Class III - Nominees of the Chancellor : (xiii) not more than five persons nominated by the Chancellor from amongst scientists, educationists, technologists, engineers and architects; (xiv) not more than five persons nominated by the Chancellor from amongst the Vice-Chancellors, Directors and Principals respectively of the Universities, Institutes and Colleges, having degree courses in engineering or technology; Class IV - Representatives of the Industrial or Commercial Organizations: - (xv) two representatives of the industrial or commercial organizations, to be nominated by the State Government; (3) The term or office of a member referred to in clauses (xii), (xiii), (xiv) and (xv) of sub-section (2) shall be three years, commencing from the date of first meeting of the Academic Council held after his nomination. (4) A person who became a member of the Academic Council (whether by election or nomination) by virtue of holding a particular office shall cease to be such member on ceasing to hold such office, notwithstanding that his term, if any, has not expired. ### 19B. Powers and duties of the Academic Council. - The Academic Council shall, subject to the provisions of this Act, the rules and the regulations - (a) recommend to the Syndicate provisions relating to all academic matters for inclusion in the regulations; (b) supervise and control the admission of students in the University and the examinations of the University; (c) consider and recommend to the Syndicate, proposals for the creation or abolition or merger or division, of the Academic Departments and Academic Centers; (d) control, regulate and maintain the standards of instruction, education, training and research carried on or imparted in the University; (e) co-ordinate the working of Boards of Studies and scrutinize and approve their proposals in regard to the scheme of teaching and examinations in the University; (f) scrutinize and approve the recommendations of the examiners of Ph.D. candidates; (g) advise the Syndicate in regard to the number and qualifications of teachers and the fees payable to the examiners; (h) approve in regard to the recognition of the certificates, diplomas and degrees of other Universities and Institutions, as prescribed in the rules and the regulations; (i) consider and make its recommendations on such matters as may be referred to it by the Senate or the Syndicate; (j) perform in relation to academic matters all such duties as may be necessary for the proper carrying out of the provisions of this Act, the rules and the regulations; (k) maintain contact with employer organizations with a view to, access their changing needs for the pattern of education required to be imparted by the University. ### 19C. The Finance Committee. (1) The Finance Committee shall consist of the following person; namely :- (a) the Chancellor; (b) the Pro-Vice-Chancellor, if any appointed; (c) the Secretary to the Government of Uttar Pradesh in the Finance Department or his nominee not below the rank of a Joint Secretary; (d) the Secretary to the Government of Uttar Pradesh in the Technical Education Department or his nominee not below the rank of Joint Secretary; (e) five persons to be nominated by the Syndicate by a resolution, out of who two shall b the persons other than the members of Syndicate, who have interest in education and finance; (f) the Chief Accounts Officers; (g) the Registrar. (2) the term of the office of members referred to in clause (e) shall be three years commencing from the date of first meeting of the Finance Committee after their nomination: Provided that a person who became the member by virtue of being a member of the Syndicate shall cease to be such member on ceasing to be a member of the Syndicate, notwithstanding that his term, if any, has not expired. ### 19D. Powers and Duties of the Finance Committee. (1) The Finance Committee shall, subject to the provisions of this Act, rules and the regulations exercise the following powers and perform the following duties:- (a) framing of annual budget of the University and allocation of funds therefor; (b) generating sources of additional income other than the grant-in-aid; (c) to advise the University on the investment of University Funds; (d) such other matters as may be referred to it by the Syndicate. (2) The Finance Committee shall have such other powers and duties as are assigned to it under the rules.] ### 20. The Rules. - The Syndicate may, with the approval of the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] frame rules to carry out the purposes of this Act. ### 21. Regulation. - Subject to the provisions of this Act and the rules the Syndicate may frame any regulations to carry out the purposes of this Act and the rules. ### 22. Residence. - Every student of the University shall reside in a hostel or under such conditions as may be prescribed by the regulations. ### 23. Admission to University Courses. - Admission of students to the University shall be made In accordance with the rules or the regulations. ### 24. Examinations. - All arrangements for the conduct of examinations shall be made by the Syndicate in such manner as may be prescribed by this Act or the regulations. ### 25. 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 rules and shall be considered by the Senate and passed with or without amendments as it thinks fit at its annual meeting. The Syndicate shall thereafter submit the annual report as passed by the Senate to the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] with its views, if any, for any action which the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] may think fit. ### 26. Control on funds of the University. (1) The Vice-Chancellor shall, subject to the provisions of this Act and the rules and regulations, be responsible for managing the property and for the investments of the University. He shall also be responsible for the presentation of the annual estimates and statement of accounts. (2) The Auditors, appointed by the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] shall audit the accounts of the University and submit a report to the Vice-Chancellor as well as the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] . An Accounts Officer, appointed by the [State Government] [Substituted by the A. O. 1950 for (Provincial Government).] according to the rules, shall be responsible for seeing that all moneys are spent on the purposes for which they are granted or allotted and that all accounts are properly maintained. (3) Every contract shall be signed by the Vice-Chancellor or a person authorized by him in this behalf. ### 27. Annual account. - The annual accounts of the University shall be prepared under the direction of the Syndicate and shall be submitted to the [State Government]l for necessary action. ### 28. [ Transitory provisions. [Substituted by section 15 of U.P. Act No. 10 of 1998.] - Upon the commencement of the Uttar Pradesh Roorkee University (Amendment) Act, 1997 : - (i) the State Government shall as soon as may be, but not later than one year from such commencement take steps for the constitution of the Academic Council in accordance with the provisions of section 19-A and until the Academic Council is so constituted the functions of the Academic Council shall be performed by the Syndicate; (ii) the members of the Senate (other than those who are officers of the University or life members) shall cease to hold office as such members and the State Government shall, as soon as may be, but not later than one year from such commencement take steps for the reconstitution of the Senate in accordance with the provisions of section 16 and until such reconstitution of the Senate shall consist of the Ex-officio members, the life members and such members of the Syndicate as are nominated by the State Government under clause (iii) of section 16; (iii) the members of the Syndicate other than the Vice-Chancellor and Pro-Vice-Chancellor shall cease to hold office as such members and the State Government shall, as soon as may be, but not later than one year from such commencement, take steps for the reconstitution of the Syndicate in accordance with the provisions of section 18 and until such reconstitution the Syndicate shall consist of the Vice-Chancellor, the Pro-Vice-Chancellor, the Dean of Students welfare, the Secretary to the Government of Uttar Pradesh in the Technical Education Department and such members as may be nominated by the State Government to represent the classes refereed to in clauses (c), (e), (f), (g) and (h) of sub-section (2) of section 18. ### 29. Surcharge. (1) An officer of the University except the Chancellor shall be liable to surcharge for the loss, waste or misapplication of any money or property of the University, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct, while acting as such officer. (2) The procedure of surcharge and the manner of recovery of the amount involved in such loss, waste or misapplication shall be such as may bed prescribed by the State Government by notified order.] ### 30. First Constitution of the University. - As soon as the first Vice-Chancellor, the first Pro-Vice-Chancellor and the first Registrar and the first Syndicate have been appointed the University will have been duly constituted. Until such time as the Senate is constituted, the function of the Senate shall be performed by the [State Government] [Substituted by the A.O. 1950 for (Provincial Government).] . Explanation. - for the purposes of this section the fist Syndicate shall be deemed to have been duly appointed without the four members to be elected by the Senate till such time as the Senate elects them. ### 31. [ Powers to remove difficulties. [Substituted by section 16 of U.P. Act No. 10 of 1998.] (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, within a period of two years from the commencement of the Uttar Pradesh Roorkee University (Amendment) Act, 1997 by notified order, make such provisions not inconsistent with the provisions of this Act as amended by the said Act of 1997, as appear to it to be necessary or expedient for removing the difficulty. (2) Every order made under sub-section (1) shall be laid as soon as may be, before both the houses of 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 Uttar Pradesh Act.] ### 32. Validity of the act of the Syndicate or the Senate. - No act or proceeding of the [Senate, the Syndicate, the Finance Committee or the Academic Council] [Substituted by section 17 of U.P. Act No. 10 of 1998.] shall be invalidated merely by reason of the existence of any vacancy among its members. ### 33. Question to be referred to the Chancellor. - If any question arises whether any person has been duly elected or appointed or is entitled to be a member or any authority of the University, the matter shall be referred to the Vice-Chancellor whose decision thereon shall be final. ### 34. Contract for the appointment of officers and teaches. - Every salaried officer and teacher of the University shall be appointed by a written contract. The contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned. Any dispute arising out of a contract between the University and any officer or teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of arbitration consisting of one member appointed by the Syndicate, One member nominated by the officer or teacher concerned and an umpire appointed by the Chancellor. The decision of the Tribunal shall be final and no suit shall lie in any court in respect of the matter decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1940, and all the provisions of that Act shall apply accordingly.
65b9b13fab84c7eca86e9a11
acts
State of Rajasthan - Act -------------------------- Rajasthan Stamp Rules, 1955 ----------------------------- RAJASTHAN India Rajasthan Stamp Rules, 1955 ============================= Rule RAJASTHAN-STAMP-RULES-1955 of 1955 ----------------------------------------- * Published on 15 February 1955 * Commenced on 15 February 1955 Rajasthan Stamp Rules, 1955 Published vide Notification No. F.49(4) S.R./53, dated 15-2-1955, Published in the Rajasthan Gazette, Part 4-C, Ordinary, dated 23-4-1955 In exercise of the powers conferred by the Indian Stamp Act, 1899, as adapted to Rajasthan by the Rajasthan Stamp Law (Adaptation) Act, 1952 (Rajasthan Act No. VII of 1952), Government of Rajasthan is pleased to make following Rules, namely- Chapter I Introductory --------------------------- ### 1. Short title, extent and commencement. (1) These rules may be called the Rajasthan Stamp Rules, 1955. (2) They extend to the whole of Rajasthan. (3) They shall come into force on the date of their first publication in the Rajasthan Gazette. ### 2. Interpretation. (1) In these rules, unless there be something repugnant in the subject or context, (a) "Act" means the Indian Stamp Act, 1899, as adapted to Rajasthan by the Rajasthan Stamp (Adaptation) Act, 1952(Rajasthan Act No. VII of 1952). (b) "Appendix" means an appendix to these rules ; (c) "Form" means a form appended to these rules ; (d) "Government" means the Government of the State of Rajasthan; (e) "High Court" means the High Court of Judicature for Rajasthan; (ee) [ "Inspector General of Stamps" means the Inspector General, Registration & Stamps appointed by the State Government;] [Inserted by Notification dated 1-8-1994.] (f) "Section" means a section of the Act; (g) "Schedule" means the second schedule to the Act, and includes a schedule, table or other provision to the laws of the covenanting State prescribing the rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letter of credit, policies of insurance, transfer of shares, debentures proxies and receipts ; (h) "State" means the State of Rajasthan ; and (i) "Superintendent of Stamps" means the Superintendent of Stamps for Rajasthan and includes any other officer appointed by the Government to perform the functions of the Superintendent of Stamps for the purposes of the Act and these rules. (j) [ "District Level Committee" means the committee constituted by the State Govt, for a district from time to time for the purpose of determining the market value of the land.] [Inserted by Notification 27-6-1992 (29-6-1992).] (2) The provision of the General Clauses Act, 1897, of the Central Legislature shall apply to the interpretation of these Rules in the same manner, as they apply to the Interpretation of a Central Act. Chapter II Mode of payment of duty and kinds of Stamps ----------------------------------------------------------- ### 3. Mode of payment of duty. - Except as otherwise provided by the Act, or by these rules- (1) all duties with which any instrument is chargeable shall be paid, and such payment shall be indicated on such instrument, be means of stamps issued by the Government for the purpose of the Act and these Rules; and (2) a stamp which by any word or words on the face of it is appropriated to any particular kind of instrument shall not be used for an instrument of any other kind. Explanation - For the purpose of clause (1) , a stamp of the Central Government or of the Government of any covenanting State shall be deemed to have been superimposed with word "Rajasthan" or with the letters "RAJ." ### 4. Kinds of Stamps. (1) There shall be two kinds of stamps for indicating the payment of duty with which instruments are chargeable namely,- (i) impressed stamps superimposed with the word "Rajasthan"; and (ii) adhesive stamps superimposed with the word "Rajasthan"; or with the letters "Raj". (2) No impressed or adhesive stamp which is not superimposed as aforesaid shall be used in Rajasthan, after the commencement of these Rules, to indicate the payment of duty chargeable on any instrument. Chapter III Impressed Stamps --------------------------------- ### 5. Hundis. (1) Hundis, other than hundis which may be stamped with an adhesive stamp under section 11, shall be written on paper as follow, 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 words "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 Superintendent of Stamps and impressed by him in the manner prescribed by rule 11. (2) The provisions of sub-rule (1) of rule 8 apply in the case of hundis. ### 6. Promissory note and bills of exchange. - A promissory note or bill of exchange shall except as provided by Section 11 or by rules 14 and 19 be written on paper on which a stamp of the proper value, without the word "hundi" has been engraved or embossed. ### 7. Other instruments. - Every other instrument chargeable with duty shall, except as provided by S. 11 or by rule 11, 13, & 14, be written on paper on which a stamp of the proper value not bearing the word "hundi" has been engraved or embossed. ### 8. 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 on 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 being impressed hundi stamp is insufficient to admit of the entire instrument written on the side of the paper which bears the stamp, so much pie 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 pie paper sub-joined. ### 9. [Ten naye paise] [Subtituted, by Notification dated 1-10-1958 (13-11-1958).] and [Fifteen naye paise] [Substituted by Notification dated 1-10-1958 (13-11-1958).] impressed stamps. - The duty on any instrument which is chargeable with a duty of [ten naye paise] [Substituted by Notification dated 1-10-1958 (13-11-1958).] or of [fifteen naye paise] [Substituted by Notification dated 1-10-1958 (13-11-1958).] unless otherwise provided in the Act or these rules, may be demoted by a coloured impression marked on a skelton form of such instrument by the Superintendent of Stamps. ### 10. The proper officer. - [Every Treasury Officer] [Substituted by Notification dated 12-8-1960 (1-9-1960).] [and Managers or Agents of the nationalised Banks] [Inserted by Notification dated 31-7-1987 (10-9-1987).] [and the Branch Managers of Grameen Bank, Cooperative Banks] [Inserted by Notification dated 26-6-1989 (31-8-1989).] [Scheduled Bank and Housing development Finance Corporation (HDFC) situated in Rajasthan] [Substituted by Notification dated 28-9-2001.] [are] [Inserted by Notification dated 26-6-1989 (31-8-1989).] empowered to affix and impress or perforate labels and shall be deemed to be "the proper officer" for the purposes of the Act and of these Rules. ### 11. Affixing and impressing, of labels by proper officer permissible in certain cases. - Labels may be affixed and impressed or perforated by the proper officer in the case of any of the instrument specified in the Appendix to these Rules, and the counterparts thereof other than instruments on which the duty is less than [fifteen naye paise] [Inserted by Notification dated 26-6-1989 (31-8-1989).] . ### 12. Mode of affixing and impressing labels. (1) The proper officer shall, upon any instruments specified in rule 11 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 applicant may require and pay for and impress or perforate such label or labels by means of a stamping machine or perforating machine and also stamp or write on the face of the label or labels the date of impressing or perforating the same. In the case of instruments written on parchment, the labels shall be further secured by means of metallic eyelets. (2) On affixing any label or labels under this rule, the proper officer shall, where the duty amounts to rupees five or upwards, write on the face 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. ### 13. Certain instruments to be stamped with impressed labels. (1) Instruments executed out of the State and requiring to be stamped after their receipt in the State (other than instruments which under section 11 or rule 14 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 instruments in the manner prescribed by rule 12 and return it to the Collector for delivery to the person by whom it was produced. Chapter IV Of Adhesive Stamps ---------------------------------- ### 14. Use of adhesive stamps on certain documents. - The following instruments may be stamped with adhesive stamps, namely- (a) Bills of exchange payable otherwise than on demand and drawn in sets when the amount of duty does not exceed [ten naye paise] [Substituted by Notification dated 1-10-1958 (13-11 -1958).] for each part of the set; (b) Transfers of debenture of public companies and associations; (c) Copies of maps and plans, printed copies and copies of or extracts from registers given on printed form when chargeable with duty under Article 24 of the Second Schedule; (d) Instruments chargeable with duty under Articles 5(a) and (b) and 43 of the Second Schedule; (e) Instruments chargeable with duty under Article 19 of the Second Schedule; (f) Policies of insurance; (g) Letters of credit, that is to say, instrument by which one person authorise another to give credit to the person in whose favour they are drawn; (h) Letters of allotment of shares in any company or proposed company or in respect of any loan to be raised by any company or proposed company; (i) Promissory notes payable on demand when the amount of value exceeds Rs. 250/-; (j) Instruments of proxy; (k) [Instruments chargeable with duty under Article 26(a) and (b) of the Second Schedule.] [Inserted by Notification dated 20-12-1969 (20-12-1969).] ### 15. Use of a [ten naye paise] [Substituted by Notification dated 4-2-1963 (21-2-1963).] adhesive stamps to make up stamps duty. - Notwithstanding anything contained in these rules whenever the stamp duty payable in respect of any instrument cannot be paid exactly by reason of the fact that the necessary stamps are not in circulation, the amount by which the payment of duty shall on that account be in defect shall be made up by the affixing of [ten naye paise] [Substituted by Notification dated 1-10-1958 (13-11-1958).] [or five naye paise] [Substituted by Notification dated 4-2-1963 (21-2-1963).] adhesive stamps such are described in rule 18. Provided that the Government may direct that instead of such stamps, adhesive court Fee stamps shall be used for the purpose. ### 16. Supply of deficient duty on transfer of share. - When any instrument of transfer of shares in a company or association is written on a sheet of paper on which a stamp of the proper value is engraved or embossed and the value of the stamp so engraved or embossed is subsequently in consequence of a rise in the value of such shares found to fall short of the amount of duty chargeable in respect of such transfer, one or more adhesive stamps bearing the words 'Share Transfer' may be used to make up the amount required. ### 17. Enrollment of Advocated or Vakil. - When adhesive stamps are used to indicate the duty chargeable on entry as an Advocate or Vakil on the roll of the High Court, such stamps shall be affixed under the superintendent of Stamps or other officer appointed in this behalf by the 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. ### 18. Adhesive stamps of different denominations. - Except as otherwise provided by these rules, the adhesive stamps, used to denote duty shall be the requisite number of stamps bearing the words, [Twenty five naye paise, or fifteen paise or ten naye paise] [Substituted by Notification dated 1-10-1958(13-11-1958).] [ or five naye paise] [Substituted by Notification dated 4-2-1963 (21-2-1963).] and inscribed for use for revenue. ### 19. Special adhesive stamps to be used in certain cases. - The following instruments when stamped with adhesive stamps shall be stamped with the following descriptions of such stamps, namely- (a) Bills of Exchange, cheques and promissory notes drawn or made out of India chargeable with duty of more than one anna with stamps bearing the words "Foreign Bill". (b) Separate instrument of transfers of shares and transfers of debentures of Public Companies and Associations; with stamps bearing the words "Share transfer"; (c) Entry as an advocate or vakil on the roll of the High Court; with stamps bearing the word 'Advocate or Vakil' as the case may be; (d) Notarial acts: with foreign bills stamps bearing the words "Notarial"; (e) Copies of maps or plans, printed copies and copies of extracts from registers given on printed forms certified to be true copies; with Court-fees stamps over-printed with the word "copy"; (f) Instruments chargeable with stamps duty under Article 5(a) and (b) or 43 of the second schedule; with stamps bearing the words "Agreement" or "Broker Note" respectively; (g) Policies of insurance; with stamps bearing the word 'Insurance'. Chapter V Sale and Stamps ------------------------------ ### 20. Only authorised persons to sell stamps. (1) No person, who is not duly authorised in the manner hereinafter provided, shall be entitled to sell stamps on any description other than revenue stamps of [5np, 10np, 15np, and 25np] [Substituted, by Notification dated 1-10-1958 (13-11-1958).] denominations : Provided that this prohibition shall not apply- (i) to a legal practitioner or a banker, who buys a stock of stamps for use in his own business and affixes them, when occasion required, to the documents he has to draw up in the course of that business, the cost of the stamps being recovered from his client or customer with the rest of his charges, or (ii) to a Government officer of Incorporated Company or other body corporate in respect of stamps used for printed forms of instruments for use by the persons concerned with the business of that office, company or body, the cost of the stamp being recovered form those persons. (2) Except in the case of Revenue stamp of [five np., ten np., fifteen np and twenty-five np.] [Substituted by Notification dated 1-10-1958 (13-11-1958).] denominations, no person shall purchase any stamp from, or exchange any stamp with, any person whom he has reason to believe to be not authorised under these rules to sell stamps. ### 21. Classes of vendors. (1) There shall be two classes of vendors namely- (a) ex-officio vendors, and (b) licensed vendors. (2) The following persons shall be deemed to be ex-officio vendors- (i) the treasurer of each District or his salaried assistant or approved agent; (ii) the sub-treasurer of each Tehsil; (iii) any salaried vendor appointed by the Government; (iv) all the officers incharge of post offices at which letters are received for dispatch (for the sale of adhesive revenue stamps of [five np., ten np., fifteen np. and twenty-five np.] [Substituted by Notification dated 1-10-1958 (13-11-1958).] denomination; (v) any other servants of the Government who may be appointed by the Government in this behalf. (3) The collector may subject to the provisions contained in rule 48, grant a license for vend of stamps to any of the following persons namely- (i) Sub-post masters or branch post masters; (ii) Lambardars of villages; (iii) Village school masters; (iv) any other person or class of persons deemed by the Collector to be fit and proper for the sale of stamps. (4) In the case of appointment of branch or sub-post masters and licensing of village school masters, the previous approval of the post master General and the Director of Education respectively shall be obtained. ### 22. Fixing maximum number of licensed vendors for different places. (1) The maximum number of licensed vendors for the sale of stamps at the head quarters of each district, sub-division and tehsil shall be fixed by the Collector of the district concerned in consultation with, and with the concurrence of, the Inspector General of Registration and Stamps, Rajasthan. In the case of towns and villages which are not such headquarters the number of license to be granted shall be fixed by the Collector. (2) In fixing the number of stamps vendors for urban areas the views of the Chamber of Commerce, and for rural areas those of the Village Panchayat, should invariably be obtained. ### 23. Duties of ex-officio vendors. (1) The ex-officio vendors shall supply stamps to the public and to licensed vendors, and shall allow discount to the latter at the rates and under the conditions hereinafter prescribed. (2) The ex-officio vendors shall sell direct to the public only stamps of denominations higher than those prescribed in rule 24. ### 24. [ Duties of licensed vendors.] [Substituted by Notification dated 15-5-1993 (19-5-1993).] - Licensed vendors shall sell to the public such stamps and at such places as are indicated in their licenses provided that such sale shall be restricted to the sale of stamps value not exceeding [Rs. 1,00,000/-] [Substituted by Notification dated 6-12-2001.] . ### 25. Form of license. - This license to be granted under sub-rule (3) of rule 21 shall be in form A. In the case of person specified in clause (ii) and (iv) of sub-rule (3) of rule 21, it shall be granted to the person by name. In other cases the designation of the official only shall be entered therein. ### 26. Revocation of license. - A license may be revoked at any time by the Chief Controlling Revenue Authority or by the Collector with the concurrence of the Inspector General of Registration and Stamps, Rajasthan. ### 27. Method of supply of stamps to licensed vendors. - Licensed vendors shall obtain stamps from ex-officio vendors at local and branch depots on payment of ready money (less the discount hereinafter prescribed); Provided that the person in the service of the Government may obtain stamps as an advance without payment in accordance with rule 28. ### 28. Extent of supply without payment. - A person in the service of the Government, on being licensed, may, without payment, receive an advance of stamps, not exceeding in value one month’s pay or, with the special sanction of the Inspector General of Registration and Stamps, of greater value. He shall, on receiving such advance, give a receipt of the money value of the stamps advanced and the receipt shall be renewed half yearly in the manner provided for permanent advanced by the Accounts Department. When he ceased, he shall refund the value entered in the receipt either in money or in stamps of any kind which he has been authorised to sell, and the receipt shall then be returned. ### 29. [xxx]. [Omitted by the Rajasthan Stamp (Amendment) Rules, 1973] ### 30. Register of advances. (1) The advances shall be shown in a separate register in form B and every item entered in it shall be initialled by the Treasury Officer. (2) The Register shall be inspected every month when the Treasury plus and minus memorandum is prepared and the Treasury Officer shall see that he possesses all the receipts duly renewed when ever necessary, and that the unadjusted advances are correctly included in the balance shown in the plus and minus memorandum in which details of such advances shall invariably be furnished. ### 31. Discount. (1) Every licensed vendor who purchases stamps form the Government on payment of ready money shall be allowed discount on the supply of stamps purchased by him provided that no discount shall be payable when the total value of such purchases falls below five rupees or on purchase of revenue stamps of the denomination of [5np., 10np., 15np. and 25np.] [Substituted by Notification dated 1-10-1958 (13-11-1958).] (2) [] [Substituted by Notification dated 9-7-1978 (9-7-1978).] The rate of discount per 100 for Judicial or Non-Judicial Stamps is as follows ; (i) Rs. 1 to 400 Rs. 2.00 (ii) Rs. 401 to 5.000 Rs. 0.50 (iii) 5001 to 10.000 Rs. 0.30 (iv) 10,001 to [1,00,000] [Substituted by Notification dated 6-12-2001.] Rs. 0.20 (3) Ex-officio vendors shall receive no discount on purchases made or sales affected by them. ### 32. Stamps of the Denomination required to be supplied, if possible. - Upon application being made for an impressed sheet of a particular value a sheet of that value shall, if in stock, be furnished to the applicant. ### 33. Procedure when stamps of the required denomination are not in stock. (1) Should no sheet of the value required be in stock, the vendor shall supply the applicant with the smallest number of sheets which he can furnish so as to make up the required value. In the case of a licensed vendor, the applicant shall not be supplied with sheets to an aggregate value exceeding the limit authorised under rule 24. If the impressed stamps required exceed this value a licensed vendor shall refer the applicant to an ex-officio vendor and shall not attempt to make up the stamp duty exceeding the said limit by the issue of two or more stamps of lower denominations. (2) When a vendor is unable to furnish a single stamp of the value required by the purchaser he shall endorse on one of the stamps sold be him a certificate to that effect in the form below : Form of Certificate Certified that a single stamp of the value of Rs required for this document is not available but in lieu thereof I have furnished a stamp of the next lower value available and make up the deficiency by the use of one or more adhesive impressed stamps of the next lower value available required to make up the exact amount of the duty. ### 34. Particulars to be entered on the impressed sheet. - [Every stamp vendor shall endorse on the back of each sheet of impressed stamp and on the face of each adhesive stamp (except revenue stamps) of the denomination of [5 np., 10 np., 15 np. and 25 np.] [Substituted by Notification dated 6-6-1956 (14-7-1956).] sold by him to the public] the serial number, the date of the sale, the value of the stamp in words and the name, father’s name and residence of the purchaser, and shall affix his signature to the endorsement. At the same time he shall make corresponding entries in a register to be maintained by him under rule 36. ### 35. Signing of endorsements on the stamp and entries in the register by the purchaser. - If the purchase is literate he shall be invited to sign the endorsement on the stamp and the entry in the register; and if illiterate, the imprint of his left thumb impression shall be taken below the endorsement on the stamp as well as against the entry in the register. ### 36. Register of sales. - Every vendor shall keep a register of stamps sold to the public in the following form- Register of Daily Sales of Stamps | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | S. No. | Date of sale | Description of stamp (impressered or adhesive) | Value of Stamp sold in words | Name & residence of purchase | Signature of thump impression of the purchaser | Signature of the licensed vendor | ### 37. Register how to be maintained and their deposit after completion. - Each page of the register shall be numbered and sealed with the seal of the Collector’s Office. The name of the vendor, the date on which the register is brought into use and the number of pages it contained shall be entered on the inside of the cover. On completion it shall be deposited in the Collector’s office. The use by a licensed vendor of a register not so distinguished is forbidden. ### 38. Maintenance of register of daily transactions by licensed vendors. - Every licensed vendor shall also maintain a register of his daily transactions in Form-C. ### 39. False endorsement of efacement prohibited. - No vendor shall knowingly make a false endorsement or efacement on a stamp sold or a false entry in his register of sales. ### 40. Over charge or delay prohibited. - No vendor shall demand or accept for any stamp more than the actual value denoted thereon, and every vendor shall without delay deliver any stamp which he has in his possession for sale on demand by any person tendering the value in any currency which would be accepted on behalf of the Government by the Collector. ### 41. Discontinued stamp not to be sold. - No vendor shall sell any stamp the use of which has been ordered by competent authority to be discontinued. ### 42. Accounts etc. to be open to inspection. - Every vendor shall allow any revenue officer not below the rank of Naib Tehsildar or any official duly authorised in that behalf by the Collector or by the Government at any time to inspect his register of sales and to examine his license and the stock of stamps in his possession. ### 43. Stamps to be delivered on demand by the Collector or on revocation of license, etc. (1) Every licensed vendor shall at any time on demand or on revocation of his license deliver up all stamps or any class of stamps remaining in his possession, together with the registers which he was maintaining. (2) When stamps are returned under sub-rule (1) they shall be taken back on their full value, less any discount allowed under these rules and due to the licensed vendor in respect of sales of stamps affected by him. ### 44. Signboards etc. (1) Every licensed vendor shall at all times keep affixed in a conspicuous position outside his place of vend a play card bearing his name and the words "Licensed Vendor of Stamps" in Hindi. (2) He shall also keep at his place of vend his license and copies of the Act and its schedules together with these rules in English and in Hindi which shall be supplied to him free of charge. He shall permit any intending purchaser to inspect the Act, Schedules and Rules. ### 45. Unsold stamps may be exchanged. - A licensed vendor may be allowed to exchange unsold stamps which are fit for use for other stamps of the same value. ### 46. Supply of revenue stamps to be kept. - Every licensed vendor shall keep for sale to the public a supply of revenue stamps of the denomination of [5 np., 10 np., 15 np. and 25 np.] [Substituted by Notification dated 1-10-1958, w.e.f. 13-11-1958.] sufficient for the probable demand of at least one week. ### 47. Sale of stamps during office hours. - Licensed vendors shall sell stamp during office hours on working days. They may also sell stamps on public holidays. ### 48. Conditions of grant of license to any person. - Subject to the provisions of rule 22, the Collector may grant a license for the sale of stamps to any person at any place or within any area within the limits of his district: Provided - (a) that no person employed in any department of the Government shall be granted a license to sell stamps without the previous consent of the head of such department; and (b) that no person shall be licensed until he has satisfied himself that the person to be licensed bears a good moral character and is qualified for the purpose educationally. Note - A person must not be licensed to sell stamp unless he can write Hindi (in devnagri script) very well. The Collector shall inform both official and non-official vendors that Mahajani character shall not be used in place of Hindi in making the endorsement on stamps and entries in the register maintained by them. ### 49. Penalty for the infringement of any of these rules. - Any infringement of these rules or of the conditions of a license shall render the holder thereof liable to cancellation of his license in addition to any other penalities to which he may be liable under the Act and these rules. ### 50. List of licensed vendors. - A register of licenses issued shall be kept in the Collector’s office and shall be revised annually in April, when all lapsed licensed shall be struk out and new licenses entered. It shall contain the following headings- (a) Date of License. (b) Name of Licensee. (c) Place of vend. (d) Amount of security, if any, taken. (e) Description of stamps to be sold under the license. (f) Remarks (this column shall show any changes that may take place during the year). Chapter VI Refund and Renewals ----------------------------------- ### 51. [ Procedure and period for obtaining refund or renewal. [Substituted by Notification dated 8-10-1969.] - The refund or renewal of the value of spoiled or misused stamps or stamps not required for use shall be made in accordance with the provisions of sections 49 to 55 of the Act and applications therefor shall be made within the period prescribed be section 50 and other provisions of the Act.] ### 52. Power to administer oath. - The Collector may require any person claiming a refund or renewal under the Act or his duly authorised agent to make on oral deposition on oath or affirmation or to file and affidavit, setting forth the circumstances under which the claim has arisen and may also, if he thinks fit, Call for the evidence or witnesses in support of the statement set forth in any such deposition of affidavit. ### 53. Evidence to be taken. - Necessary evidence should generally be taken before refund orders are passed, and reliance should not be placed solely on the stamp officer’s report or the unsupported allegations of the claimants for refund. ### 54. Proof for failure to apply within time. - Clear proof should be required that the failure to apply for relief within the period prescribed by the Act was really due to unavoidable circumstances. For instance, it is not sufficient that an applicant should merely state that he was unwell; he must produce satisfactory evidence that he was, as a fact, incapacitated by illness from applying for the refund. ### 55. Application for refund under section 45. - Refund under section 45 of the Act should be by application in writing to the Collector who should forward it to the Chief Controlling Revenue Authority. Such application should bear court fee as an application to a Collector. While forwarding the application, for the orders of the Chief Controlling Revenue Authority, the Collector should submit the file of the case containing the original document bearing the endorsement of the payment of duty and penalty. The Collector should also express his own opinion on the merits of the application. ### 56. Orders on application. - In all cases the order of refund or renewal, with the reason thereof, must be recorded with his own hand by the officer sanctioning such refund or renewal. The stamps, for which the allowance is claimed, shall be destroyed by the officer sanctioning the refund or renewal, if such authority has been delegated to him. In other case he shall- (i) in the case of impressed stamps, write the original order or a certified copy of it on the stamp for which the allowance is claimed, or (ii) in the case of adhesive stamps, record such an order or a copy thereof on a separate sheet of paper. The stamps shall then be punched and marked- in such a way that they cannot be used again and forwarded to the Superintendent of Stamps for destruction. ### 57. Procedure when no evidence produced. - When an application is made for refund or renewal under the Act in respect of a stamp which has been spoiled or misused or for which the applications has had no immediate use or on the renewal of a debenture and an order is passed by the Collector sanctioning the allowance or calling for further evidence in support of the application, then if the amount of the allowance or the stamp given in lieu thereof is not taken, or if the further evidence required is not furnished, as the case may be, by the applicant within one year of the date of such order, the application shall be struck off and the spoiled or misused stamps (if any) shall be sent to the Superintendent of Stamps or other officer appointed in this behalf by the Government for destruction. ### 58. Mode of Cancelling original debenture on refund. - 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 through. Chapter VII Miscellaneous ------------------------------ ### 59. Provision for cases in which improper description of stamp is 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 is duly stamped ; Provided that, if application is made within three months of the execution of the instrument, and the Collector is satisfied that the improper description of stamps was used solely on account of the difficulty or inconvenience of procuring one of the proper description, he may remit the further payment of duty prescribed in this rule. ### 59A. [ Facts affecting duty to be set forth in instrument] [Inserted by Notification dated 20-3-1967 (20-3-1967)] . - In the case of an instrument relating to immovable property chargeable with an ad valorem duty [on the market value of the property] [Substituted by Notification dated 24-4-1991 (25-4-1991).] ,- (i) the instrument relating to agricultural lands shall fully and truly set forth,- (a) the annual rent payable by the Khudkasht holder, Khatedar, Gair Khatedar, or Sub-Tenant of the land in question; (b) the annual rent payable by the Khudkasht, holder, Khatedar, Gair Khatedar or Sub-Tenant as the case may be, of the adjoining agricultural land of the same class of soil, if the land which is subject matter of instrument, is rent free or yielding no rent, or unrented, or which has not been assessed to any rent. [Provided that every instrument relating to transfer of agricultural land shall be accompanied by a copy of last Khasra Girdawari to determine the correct market value.] [Inserted by Notification dated 24-4-1991 (25-4-1991).] (ii) the instrument relating to transaction of any immovable property of urban or rural area, except agricultural land, shall fully and truly set forth- (a) [ the market value of the property], [Substituted by Notification dated 24-4-1991 (25-4-1991).] (b) the annual rental or gross-assets, (c) local rates, municipal or other taxes, (d) the area of the plot and the area of constructed-portion thereon; (e) [ other relevant information.] [Inserted by Notification dated 24-4-1991 (25-4-1991).] (iii) [ the instrument of lease shall fully and truly set forth the amount of money paid or likely to be paid as development charges :] [Inserted by Notification dated 24-4-1991 (25-4-1991).] [Provided that in cases relating to transfer of property as mentioned in sub-clause (ii) above, the market value shall be determined on the basis of market value of the open land and the constructed portion separately as per their respective rates : Provided further that in case where the registering Officer has a doubt about correctness of facts mentioned in the instrument affecting duty, he may inspect the property to ascertain the correctness and determine the market value accordingly : Provided further that the Inspector General, Registration & Stamps Department may prescribe a proforma for specific mention of any information and such a proforma, 'duly filled in, shall always be deemed to be a part of the document’] [Inserted by Notification dated 24-4-1991 (25-4-1991).] ### 59B. [ Procedure for assessment of the market value of the property by the Registering Officer. [Substituted by Notification dated 30-3-2000.] (1) In the case of an instrument relating to immovable property, the market value of land shall be assessed by the Registering Officer on the basis of the rates recommended by the District Level Committee constituted under rule 2(j) from time to time or the rates approved by the Inspector General of Stamps from time to time, whichever is higher and market value of the constructed portion shall be assessed on the basis of the rates determined by the State Government from time to time. (2) If the rates of land recommended by the District Level Committee are not revised within one year from the date of such recommendation or if the market value of land in any area has extra ordinarily increased on decreased, the State Government may suo-motu or on a reference made by the Inspector General of Stamps re-determine by order the rates of the land in such areas on the basis of the recommendations made by a committee consisting of SSF (Revenue) as chairman and Inspector General of Stamps, D.S.F. (Tax), Collector of concerned District and a Public Representative of that District nominated by the Government as member. The rated so determined shall be the market value of that area and be the basis of assessment of the market value of the land with effect from the date specified in such order and be valid until the District Level Committee revises the rates so determined.] ### 60. Plea of ignorance. - The plea of ignorance of the requirements of the law should not be lightly accepted; although mere negligent evasions do not call for the application of criminal penalties, yet it is so difficult to distinguish between negligent and intentional evasions that to include all doubtful cases within the former category and abstain form putting the criminal penalties in force in their case is to impair very seriously the criminal penalties in force in their is to impair very seriously the protection to the interests of the revenue which the Act is designed to afford. ### 61. Collector not try cases as Magistrate. - A Collector who has sanctioned a prosecution under the Act should not himself try case in his capacity as a Magistrate. ### 62. Statement by Collector regarding Prosecutions stayed and cases compounded. - The power of staying prosecutions and compounding offences under section 70 (2) of the Act is delegated to Collector who snail submit to the Chief Controlling Revenue Authority, annually, a statement of the cases in which the power has been exercised. ### 63. Procedure of compounding and stay1. - If the Collector is satisfied that it is not desirable to launch a prosecution in respect of an under-stamped instrument he may compound the offence and realize such amount as he deems fit as composition fee. If a prosecution, has been already started the Collector may stay the prosecution, and after realising the composition fee in his discretion, may inform the Magistrate that the accused person might be discharged. ### 64. 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 Government may fix in this behalf. ### 65. Rewards to persons in the service of Government. - Rewards may be given to a person in the service of the Government in cases where it is no part of the routine duties of that official to bring to light any infraction of stamp law. Rewards may be given to record keepers for this special services: Provided that the Chief Controlling Revenue Authority may also grant certificates of good work to the officials contemplated in the above rule whether a reward has been sanctioned or not. ### 66. Procedure in case of detection of unstamped or under-stamped instrument during inspection or otherwise. (1) In case where an unstamped or under-stamped instrument is detected in course of inspection or otherwise by a public officer, a report thereof, shall be made forthwith to the Collector. (2) The Collector shall thereupon issue a notice to the executant or such other person as may be liable to pay the duty under section 29 of the Act, [or the claimant] [Inserted by Notification dated 24-4-1991 (25-4-1991).] requiring him to produce the original instrument before the Collector [within 30 days]. [Inserted by Notification dated 24-4-1991 (25-4-1991).] (3) [ On receipt of original instrument or in case it is not produced within 30 days from the service of notice as issued under sub-rule (2), the Collector shall impound its copy and require payment of proper duty together with penalty under section 40 of the Stamp Act along with proper registration fee on such duty.] [Inserted by Notification dated 24-4-1991 (25-4-1991).] ### 66A. [ Procedure to be followed by the Collector in cases of under valued instruments. [Substituted by Notification dated 24-4-1991 (25-4-1991).] - On receipt of an instrument under sub section (1) or a reference or action under sub-section (3) of Section 47-A of the Act, the Collector shall issue a notice to the person liable to pay the duty and to the claimant asking them to produce the original instrument and to show cause within 30 days from the service as to why he should not proceed to determine the correct market value of the property and realise the deficient duty together with penalty under Section 47-A of the Act. After expiry of 30 days, the Collector shall enquire into the matter summarily. Where the original instrument is not produced within 30 days, after proper notice, the Collector may impound its copy. During the course of summary enquiry, the Collector may look into corresponding rates as recommended by the District Level Committee, the rates approved by the registration and stamp site inspection by the rates as per Index II and also the report, if any, of the site inspection by the Registering Officer and any other record deemed relevant. At the conclusion of the enquiry, the Collector shall make an order recording his findings together with the reasons therefor. The summary enquiry shall be completed within a period of 3 months.] ### 66B. [ Procedure to be followed by the Collector in cases where the nature of instrument is not correctly determined. [Inserted by Notification dated 24-4-1991 (25-4-1991).] - On receipt of an instrument under sub-section (1) or a reference or action, under sub-section (3) of section 47-C of the Act, the Collector shall issue notice to the person liable to pay the duty and to the claiment asking them to produce the original instrument and to show cause within 30 days from the service as to why he should not proceed to determine the correct nature of the instrument and realise the duty in confirmity of the same along with penalty under section 47-C of the Act. After expiry of 30 days the Collector shall summarily examine the matter considering the contention, if any, advanced on behalf of the registering officer or the person to whom the notice is issued. Where the Original instrument is not produced within 30 days after proper notice, the Collector shall impound its copy. After the conclusing of the enquiry the Collector shall make an order recording his findings together with the reason therefore. The summary enquiry shall be completed within a period of 3 months.] ### 66C. [ Procedure in case of non-registration of documents required to be registered with the purpose of avoiding Stamp duty. [Inserted by Notification dated 12-3-1997.] (1) If it appears to any Registering officer or any other person that an instrument relating to a transaction compulsorily registerable under section 17 of the Registration Act has not been presented for registration with a view to avoiding payment of stamp duty or for any other reason, he shall immediately inform the Collector concerned for taking necessary action under the Stamp Law. (2) On receipt of information under sub-rule (1) or suo moto, the Collector shall issue a notice to the party/parties referred to in the information received, with a view to ensuring that the instrument is presented for registration along with full facts and circumstances as required under section 27 of the Act to determine the liability for payment of stamp duty. (3) Upon service of notice where the instrument in question is presented before the Collector, he shall proceed as provided by section 47 A and/ or 47 C of the Act, as the case may be. (4) Where the party/parties served notice do not present the instrument and/or appear before the Collector to refute the presumption of the information in question being correct, the Collector shall proceed to enquire into the correctness of the information in such manner as he deems fit. (5) After the aforesaid enquiry, where it appears to the Collector that the instrument in question has not been presented for registration with a view to avoiding stamp duty, this shall be deemed to be a violation of section 27 of the Act read with rule 59A and if such not production is with a view to concealing the consideration, (if any), and all other facts and circumstances affecting the chargeability of the said instrument with duty, and the determination of such duty, action will be taken as provided for vide rule 68.] ### 67. Assessment of duty and penalty upon production. (1) If the original instrument is produced in compliance with the notice issued under sub-rule (2) of rule 66 and is found to have been executed within one year of the date of such production, it will be treated as having been produced voluntarily for the purpose of section 41 of the Act. (2) If other conditions laid down in that section are also satisfied, the instrument shall be endorsed by the Collector as property stamped on payment of the deficit duty, if any, and no penalty whatever shall be levied in respect thereof. ### 68. [ Prosecution in case of non-production. [Substituted by Notification dated 12-3-1997.] - If the original instrument is not produced in compliance with the notice under rule 66, 66A, 66B or 66C as the case may be and the Collector concludes that such non production is with a view to avoiding payment of stamp duty, the Collector shall launch a prosecution against the person concerned under section 62 or 64 of the Act, as the case may be, unless the case is compounded on payment of a suitable composition fee.] ### 69. Production of original before Magistrate. (1) When prosecution has been launched, the Collector shall move the Magistrate seized of the case to take action, if any, such action has not already been taken by the Magistrate of his own motion, for the production of the original instrument in court under section 94 or section 96 of the Code of Criminal Procedure, 1898. (2) If the original instrument is not produced in Court, a copy thereof may be produced as secondary evidence under section 63 of the Indian Evidence Act, 1872, to prove the contents of the original. ### 70. Impounding. - If the instrument is produced in court, the Collector shall move the magistrate to impound the same under section 104 of the Code of Criminal Procedure, 1898 unless it has already been impounded by the Magistrate of his own accord. ### 71. Assessment of Penalty. - When an instrument impounded under rule 70 is received by the Collector for action under section 40 of the Act, shall take into consideration as a result of the prosecution launched under-rule 68. ### 71A. [ Interest on failure to pay tax, fee or penalty. [Inserted by Notification dated 21-2-1995 (22-2-1995).] - Where any amount of tax, fee or penalty is recoverable from a person as a result of an order passed in any proceedings under this Act (including determination, appeal, revision, rectification or otherwise) and such tax, fee or penalty is not paid by such person within 30 days from the date of order passed by the Collector or Chief Controlling Revenue Authority, he shall be liable to pay interest at the rate of 12 percent per annum on the amount of tax, fee or penalty from the date of order until the date of payment of such amount.] [Provided that no interest shall be payable on the recoverable tax, fee & penalty, if such tax & fee deposited upto 30-9-2003.] [Substituted by Notification dated 1-2-2003 and 31-7-2003.] [Chapter VIII [Inserted by Notification dated 1-8-1994.] General Superintendence ### 72. General Superintendence over Collectors. (1) Subject to the provisions of the Act, general superintendence and control over Collectors, shall vest in the Inspector General of Stamps. (2) The Inspector General of Stamps shall decide the territorial jurisdiction of Collectors at places where there is more than one officer functioning as Collector under the Act.] ### 73. [ Revision by the Chief Controlling Revenue Authority. [Inserted by Notification dated 21-2-1995 (22-2-1995).] - (i) Any person aggrieved by an order made by the Collector under Chapter IV and V and under clause (a) of the first proviso to section 26 and under section 31 of the Act, may within 90 days form the date of order, apply to the Chief Controlling Revenue Authority for revision of such order : [Provided that no revision application shall be entertained under section 56 of the Act or under this rule unless it is accompanied by satisfactory proof of the payment of fifty percent of the recoverable amount.] (ii) The Chief Controlling Revenue Authority may suo motu or on information received form the registering officer or otherwise call for and examine the record of any case decided or proceedings having held by the Collector for the purpose satisfying himself as to the legality or propriety of the order passed and as to the regularity of proceedings and pass such order with respect thereto as it may think fit : Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.] ### 74. [ Inherent power of Officers. [Inserted by Notification dated 4-10-1996 (7-10-1996).] - In addition to the powers specified in the Act and Rules- (a) The Inspector General, Registration & Stamps shall have all the powers of Collector & Superintendent of Stamp and a Treasury Officer. (b) The Additional Inspector General, Registration & Stamps shall have all the powers of a Collector and a Treasury Officer.] Appendix List of Instruments Referred to in Rule 11 | | | --- | | No. of articles in schedule | | 1. Administration Bond. | 2 | | 2. Affidavit. | 4 | | 3. Agreements or memorandum of agreement which in the opinion of the proper officer cannot conveniently be written on sheets of paper on which stamps are engraved or embossed. | 5 | | 4. Instruments evidencing an agreement relating to (1) the deposit of the title deeds of instruments constituting or being evidence of the title to any property whatever (other than a marketable security or (2) the pawn or pledge or hypothecation of movable property). | 6 | | 5. Appointments made in Execution of a power. | 7 | | 6. Instruments of apprenticeship. | 9 | | 7. Articles of Association of a Company. | 10 | | 8. Awards. | 12 | | 9. Bills of Exchange payable otherwise than a demand and drawn in Rajasthan. | 13 | | 10. Bonds. | 15, 26, 34 & 57 | | 11. Certificates of Sale. | 18 | | 12. Composition of deeds. | 22 | | 13. Conveyance. | 23 | | 14. Instruments of Exchange. | 31 | | 15. Instruments imposing further charge on mortgaged property. | 32 | | 16. Instrument of gift. | 33 | | 17. Lease partly printed or lithographed when the written matter does not exceed one fourth of the printed matter. | 35 | | 18. Letters of license. | 38 | | 19. Memorandum of Association of Companies. | 39 | | 20. Mortgage deeds. | 40 | | 21. Mortgage of Crops. | 41 | | 22. Note or Memorandum when the duty payable exceeds two annas. | 43(b) | | 23. Instruments of partition. | 45 | | 24. Instruments of Co-partnership. | 46-A | | 25. Instrument of dissolution of partnership. | 46-B | | 26. Power of attorney, where not registered. | 48 | | 27. Share warrants if issued by a company under the Rajasthan Companies Act. | 59 | | 28. Reconveyances of mortgaged property. | 54 | | 29. Releases. | 55 | | 30. Settlements. | 58 | | 31. Declaration of trusts. | 64-A | | 32. Revocation of trusts. | 64-B | | 33. Warrants for goods. | 65 | Form 'A' (Rule 25) License for the sale of Stamps under the Indian Stamp Act as adapted to Rajasthan License is hereby granted to...................to sale stamp at........................of the following descriptions, namely-............................ for a period of..............................................commencing from......................................................subject to the rules made in that behalf under the Indian Stamp Act, 1899 as adapted to Rajasthan. The infringement of any of these rules shall render the licensee liable to the penalty prescribed in section 69 of the said Act, viz., imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or both. District........... Dated............... Collector Form 'B' (Rule 30) Register of Advances of Stamps | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | S.No. | Officer sanctioning advance if any | Date of Sanction | Name of person to whom advance | Official designation of such person, if any | Details of stamps advanced | Date of renewal of receipt | Refunds | | Date of advance | Class | Value of each class | Total | Treasury Officer’s initials | Date | How refunded | T.O. Initial | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | Form 'C' (See Rule 38) Licensed Vendor’s Abstract-Daily Sales Register | | | | --- | --- | | Date of Sales etc. | Non Judicial stamps | | Particulars of receipts issues and balances | Two Annas | Annas | | No. | Value | No. | Value | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | --- | | Non Judicial stamps | | Annas | Eight Annas | One Rupee | | No. | Value | No. | Value | No. | Value | No. | Value | | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | | | | | | | | | | | | --- | | Non Judicial stamps | | One Rupee & Eight Annas | Two Rupees | Two Rupees & Eight Annas | Three Rupees | | No. | Value | No. | Value | No. | Value | No. | Value | | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | | | | | | | | | | | | | --- | | Non Judicial stamps | | Three Rupees & Eight Annas | Four Rupees | And so on | | No. | Value | No. | Value | No. | Value | | 23 | 24 | 25 | 26 | 27 | 28 | | | | | | | | | | | | | --- | --- | --- | | Hundi Stamps | Revenue Stamps | Total value of receipts. Sales and balances | | No. | Value | No. | Value | No. | Value | | 9 | 10 | 11 | 12 | 13 | 14 | 15 | | | | | | | | |
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acts
State of Bihar - Act ---------------------- Bihar Fire Service Act, 2014 ------------------------------ BIHAR India Bihar Fire Service Act, 2014 ============================== Rule BIHAR-FIRE-SERVICE-ACT-2014 of 2014 ------------------------------------------ * Published on 1 January 2014 * Commenced on 1 January 2014 Bihar Fire Service Act, 2014 (Bihar Act 6, 2014) Last Updated 8th February, 2020 Preamble. - An Act to provide for better regulation of fire fighting, carrying out fire fighting measures, enforcing fire safety measures in any building, enforcing effective fire prevention and fire safety in all types of buildings, premises and temporary structures and for modern organisational structures of the Bihar Fire Service in the State of Bihar. Be it enacted by the legislature of the State of Bihar in the sixty fifth year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Bihar Fire Service Act, 2014. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force in any area on such date as the Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas and for different provisions of this Act. Chapter - I Preliminary ### 2. Definitions. - In this Act, unless the context otherwise requires, (a) "appellate authority" means the Director General of Fire Services, Government of Bihar, appointed by the Governor of the State of Bihar. (b) "building" means any structure whether of masonry bricks, woods, mud, metal or other materials and includes a house, out-house, basement, underground parking, stable, latrine, urinal, shed, hut or wall (other than a boundary wall); (c) "building bye laws" means the bye-laws made under the Bihar Municipal Act,2007. (d) "Director" means the Director, Bihar Fire Service appointed by the Government under sub-section (1) of Section 8 of this Act; (e) "erector of pandal" means a person or an association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary basis.; (f) "fire division" means such number of fire sub-divisions as may be prescribed; in the State of Bihar and declared generally or specially by the Government to be a fire division for the purpose of this Act; (g) "fire prevention and fire safety measures" means such measures as are necessary in accordance with the building bye-laws / National Building Code of India for the containment, control and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribe in the rules made in this behalf; (h) Divisional Fire Officer appointed by the Government of Bihar under section 9 of this Act. (i) Assistant Divisional Fire Officer appointed by the Director General Fire Service under section 9 of this Act. (j) "fire safety officer" means the person appointed under section 29 of this Act as fire safety officer by the owners and occupiers of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings; (k) "fire officer" means operational member of the Fire Service . (l) "Fire Service" means the Bihar Fire Service constituted under section 5 of this Act; (m) "fire station" means a building erected to house the fire fighting equipment, appliances and staff declared generally or specially by the Government to be a fire station for the purpose of this Act. (n) "fire sub-division" means a fire sub-division comprising such number of fire stations as may be prescribed and declared generally or specially by the Government to be a fire sub-division for the purpose of this Act. (o) "Government" means the Government of Bihar. (p) "Governor" means the Governor of Bihar appointed by the President under article 155 of the Constitution. (q) "member" in relation to the Fire Service means a person appointed to the Fire Service under this Act; (r) "multistoried building" means a building with such minimum height as may be prescribed under the rules in this behalf and notified to the Director by the local authority. (s) "nominated authority" means an officer not below the rank of a Station Officer nominated by the Director as a nominated authority for the purpose of this Act. (t) "occupancy" means the principal occupancy for which a building or a part of a building is used or intended to be used including subsidiary occupancies which are contingent upon it; (u) "occupier" includes - (i) any person who, for the time being, is paying or is liable to pay, to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable. (ii) an owner in occupation of or otherwise using his land or building; (iii) a rent - free tenant of any land or building ; (iv) a licensee in occupation of any land or building; and (v) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (v) "officer-in-charge" means a fire officer in charge of a Fire Station; (w) "operational member of the Fire Service" means any member of the Fire Service who is required to drive to operate a fire fighting vehicle, fire fighting equipment and appliance at the site of fire and participate in the actual extinction of fire. (x) "owner" includes a person who, for the time being, is entitled to receive, the rent of any land or building, whether on his own account or own account of himself and others or as an agent, trustee, guardian or receiver or any other person or who should show receipt of the rent or be entitled to receive it if the land or building or part thereof where let to a tenant and includes the custodian of evacuee property in respect of evacuee property in him under the Bihar Building (Lease, rent & eviction) Control Act 1982 and Rules 1983, as amended and other relevant Act & Rules. (y) "pandal" means a temporary structure with roof or walls made of straw, hay, ulu grass, golpatta, hogla, derma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy; (z) "premises" means any land or any building or part of a building and includes the garden ground and out house, if any, appurtaning to building or part of a building, and any land or any building or part of a building appurtenant thereto which is used for storing explosives explosive substance and dangerously inflammable substance; Explanation. - In this clause, "explosive", "explosive substance" and dangerously inflammable substance" shall have the meaning , respectively assigned to them in the Explosive Act, 1884 (4 of 1884), the Explosive (Substances) Act, 1908 (6 of 1908) and the Inflammable Substances Act, 1952 (20 of 1952). (aa) "prescribed" means prescribed by Rules made under this Act. (ab) "prescribed authority" means authority prescribed by the Rules made under this Act. (ac) "Sub-Divisional Magistrate" means an officer of the Government appointment as Sub-Divisional Magistrate under sub- section (4) of section 20 of the Code of Criminal Procedure 1973 (2 of 1974). (ad) "Subordinate Operational Staff" includes every member of the Fire Service of the rank of fireman, leading fireman, driver and any other equivalent rank; (ae) "Fire Station Officer" means an officer of the Fire Service appointed as fire station officer by the Government/Director General of Fire Services (af) Fire Consultant & Fire Adviser means having minimum technical qualification Bachelor of Fire Engineering. or M.I. Fire Engineering. or equivalent with minimum 10 yrs. experience. Chapter - II Organisation, Superintendence Control And Maintenance Of The Fire Service ### 3. One Fire Service for whole of Bihar. - There shall be one fire service for the whole of Bihar and all officers and employees of sub-ordinate ranks of the Fire Service shall be liable for posting to any part of Bihar. Provided that this provision shall not apply to the private fire services maintained for providing fire protection coverage to specific building or industry by the owner or occupier thereof. ### 4. Superintendence of Fire Service to vest in the D.G. Fire Service. - The superintendence of and control over, the Fire Service throughout Bihar shall vest in the Director General Fire Service assisted by the Director State Fire Service or other officer notified by the Government from time to time. ### 5. Constitution of Fire Service. - Subject to the provisions of this Act, - (a) the Fire Service shall consist of such number of posts in the several ranks and have such organization and such powers, functions and duties as the Government may by general or special order, determine; and (b) the recruitment to, and the pay, allowances and all other conditions of service of the members of, the Fire Service shall be such as may be prescribed. ### 6. Classification of post of Fire Service. - The classification of the posts of the Fire Service shall be as follows :- (1) Group 'A' post means any post which having regard to its scale post had been in the State Government, be classified as a Group 'A' post under the State Government in accordance with the orders issued by that Government from time to time. (2) Group 'B' post means any post which having regard to its scale of pay and emoluments would, if such post had been in the State Government, be classified as a Group 'B' post under the State Government in accordance with the orders issued by that Government from time to time. (3) Group 'C' post means any post which having regards to its scale of pay and emoluments would, if such post had been in the State Government, be classified as a Group 'C' post under the State Government in accordance with the orders issued by that Government from time to time. (4) Group 'D' post means any post which having regard to its scale of pay and emoluments would, if such post had been in the State Government, be classified as Group 'D' post under the State Government in accordance with the orders issued by that Government from time to time. ### 7. Appointments to Group 'A' and Group 'B' post of Fire Service. - The Government shall make appointments to any Group 'A' or Group 'B' posts within the meaning of sub-section (1) and sub-section (2) of Section 6 respectively, only after consultation with the Bihar Public Service Commission or as per the relevant guideline of the Bihar Govt. ### 8. Appointment of Director of Fire Service. (1) For the directions and supervision of the Fire Service in Bihar, the Government shall appoint a Fire Officer to be the Director who shall exercise such powers and perform such duties and other functions as are specified by or under this Act. (2) Subject to the rules made in this regard by the Government, the Director may appoint subordinate staff of Group 'C' level including operational members of this category only on the recommendations of the Bihar State Subordinate Services Selection Board or any other selecting authority as the Government may, by notification, prescribe, on monthly salaries and such allowances as may be fixed by the Government. (3) Subject to rules made in this regard by the Government, the Director may appoint Group 'D' staff including operational members of this category on monthly salaries and such allowances as may be fixed by the Government. ### 9. Constitution of fire division, sub-divisions and fire stations. - The Government may - (a) constitute fire zones and fire divisions within the Bihar State. (b) divide such fire Zones into fire divisions, and fire divisions into fire subdivisions, and specify the fire divisions, fire sub-divisions and fire stations in fire zone, fire division and fire sub-division respectively; and (c) define the limits and extent of , fire divisions, fire sub-divisions and fire stations as may be necessary for administrative and operational efficiency. ### 10. Certificate of appointment. (1) Every fire officer of the rank of sub-officer and below shall, on enrolment receive a certificate of appointment. (2) The certificate shall be issued under the seal of such officer and shall be in such form as the D.G. Fire Service may, by general or special order, prescribe. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Fire Service or shall remain inoperative during the period such person is suspended from the Fire Service. (4) The members of the Fire Service shall be governed by such rules as are applicable to Government servants in relation to the terms and conditions of their service and all other allied matters. ### 11. Effect of suspension of fire officer. - The powers, functions and privileges vested in a fire officer shall remain suspended while such fire officer is under suspension from office: Provided that notwithstanding such suspension, such person shall not cease to be a fire officer and shall continue to be subject to the control of same authorities to which he would have been if he had not been under suspension. ### 12. General powers of the Director. - The Director shall subject to the superintendence and control of the D.G. Fire Service, direct and regulate all matters of fire fighting equipment, machinery and appliances, training, observation of persons and events mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfillment of duties and maintenance of discipline of fire officers and members of the Fire Service under him. Chapter-III Control and Discipline of Fire Service ### 13. Calling of returns, reports, statements, etc. - The Government may call for such returns, reports and statements on any subject connected with fire prevention and fire safety, the maintenance of order and the performance of duties by the Director, fire officers, operational members, members and subordinate operational staff, and the same shall be immediately furnished. ### 14. Certain State Rules to apply to employees of Fire Service. - The provisions of the Bihar Government Servant conduct Rules, 1976, Bihar Government Servant (classification, control and Appeal) Rules, 2005 and Bihar Pension Rule 1950 as amended, from time to time, shall be extended mutatis mutandis to all employees of the Bihar Fire Service including fire officers, operational members, members and subordinate operational staff. ### 15. Fire officers deemed to be always on duty and liable to employment in any part of State. - Every fire officer shall for all purpose of this Act be deemed to be always on duty and any fire officer or any member or crew of fire officers allocated for duty in any part of the State may, if the Director so directs, at any time, be employed on turn out duty in any other part of the State for so long as the services of the fire officer or any member or crew of fire officers may be required in such other part of Bihar. ### 16. Extension of Fundamental Rules and Supplementary Rules to employees of Fire Service. - The provisions of the Fundamental Rules and Supplementary Rules as amended by the Bihar Government from time to time, shall be extended mutatis mutandis to all employees of the Bihar Fire Service, including fire officers, operational members, members and subordinate operational staff. ### 17. Declaration of Fire Service to be an essential service to the community. (1) Without prejudice to the provisions of any other law on the subject for the time being in force, the Government may, by notification in the Official Gazette, declare the Fire Service to be an essential service to the community. (2) A declaration made under sub-section (1) shall remain in force for six months in the first instance, but may be extended from time to time by a like notification. (3) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every fire officer to obey an order given by any superior officer in relation to any employment in connection with the service specified in the declaration. ### 18. Penalty for violation of duty. - Notwithstanding any action which may be taken under the provisions of this Act, any member of the Fire Service who- (a) is found to be guilty of any violation of duty or will ful breach of any provision of this Act or any rule or order made thereunder; or (b) is found to be guilty of cowardice; or (c) withdraws or abstains from the duties of his office without permission or without having given previous notice for fifteen days or more; or (d) being absent on leave fails without reasonable cause to report himself for duty on expiration of such leave; or (e) accepts any other employment or office or engages himself in business in contravention of the provision of the Bihar Government Servant Conduct Rules, 1976; shall be punishable with imprisonment which may extend to three months, or with, fine which may extend to an amount not exceeding three months pay of such member; or with both; ### 19. Restrictions respecting right to form association, etc. (1) No member of the Fire Service shall, without the previous sanction in writing of the Government or of the prescribed authority; (a) be a member of, or be associated in any way with, any union, labour union, political association or with any class of trade union, labour union or political association; (b) be a member of, or be associated in any way with any social institution, association, or organization that is not recognized as a part of the Fire Service Or is not a purely of a social, technical, 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 bonafide discharge of his duties or is of a purely literary, artistic or scientific character. Explanation. - (1) If any question arises as to whether any society, institution, association, organization is of a purely social, technical, recreational or religious nature under clause (b) of this sub-section, the decision of the Government thereon shall be final. (2) No member of the Fire Service shall participate in, or address, any meeting or take part in any demonstration organized by any body or persons-for any political purposes or for such other purposes as may be prescribed. Chapter-IV Levy Of Fire Tax, Fee And Other Charges ### 20. Levy of fire tax. (1) The Government may levy a fire tax on lands and buildings which are situated in any area in which this Act is in force and on which, property tax, by whatever name it is called, is levied by any local authority in that area. (2) The fire tax shall be levied in the form of a surcharge on the property tax at such rate in terms of percentage of such property tax as the Government may, by notification in the Official Gazette, determine from time to time. ### 21. Mode of assessment, collection, etc. of fire tax. (1) The authorities empowered to assess, collect and enforce payment of property tax under the law, authorizing authority the area such tax shall, on behalf of the Government and subject to any rules made under this Act, assess, collect and enforce payment of the same manner as the property tax is assessed, paid and collected; and for this purpose they may exercise of the powers they have under the law aforesaid to and the provisions of such law including provision relating to returns, appeals, reviews, references and penalties shall apply accordingly. (2) Such portion of the total proceeds of the fire tax as the Government may determine shall be deducted to meet the cost of collection of the fire tax. (3) The proceeds of the Fire tax collected under this Act reduced by the cost of collection shall be paid to the Government in such manner and at such intervals as may be prescribed: ### 22. Fee on deployment of Fire Service beyond the limits of Bihar. (1) Where members of the fire Service are sent beyond the limits of any area in which this Act is in force, in order to extinguish a fire in the neighbourhood of such limits on the request of any State Government or local body or fire service authority shall be liable to pay such fee as may be prescribed by the Government from time to time in this behalf. (2) The fee referred to in sub-section (1) shall be payable within one month of the Service of a notice of demand by the Director on the State Government or local body or fire service authority, as the case may be, and if it is not paid within that period, it shall be recoverable as an arrear of land revenue. ### 23. Reciprocal fire-fighting arrangements with other fire service. - The Director may, with the previous sanction of the Director General Fire Service or the Government, enter into an agreement with any fire service or the authority which maintains the said fire service, beyond the limits of any area in which this Act is in force for providing personnel of equipment or both, for fire fighting purposes, on such terms as may be provided by or under the agreement on reciprocal basis in public interest. ### 24. Powers of the Director to enter into arrangements for assistance. - The Director may, with the previous sanction of the Director General Fire Service or the Government, enter into arrangements with any person or organization who employs and maintains personnel or equipment or both, for fire fighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by that person or organization for assistance for the purpose of dealing with fire occurring in any area in which this Act is in force. Chapter-V General Measures For Fire Prevention And Self Regulation ### 25. Preventive measures. (1) The Government may, by notification in the Official Gazette, declare any class of occupancy and pandals which, in its opinion, is likely to cause a risk of fire. (2) The Government may, by notification in the Official Gazette, require owner or occupiers, or both, of premises or buildings or erectors of pandals notified under sub-section (1), to take such fire prevention and fire safety measures as may be prescribed. ### 26. Fire prevention and fire Safety measures in the pandals to be self regulatory. (1) Notwithstanding anything contained in this Act, the erectors of pandals shall be deemed to be self -regulators for taking fire prevention and fire safety measures prescribed under sub-section (2) of Section 25. (2) The erector of a pandal shall display at a prominent place in the pandal a declaration in the prescribed form and under his own signature to the effect that he has taken all the prescribed fire prevention and fire safety measures therein. (3) It shall be lawful for the Director, nominated authority or any other officer authorized by the Government or Director General in this behalf to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section (2) and to point out the shortcomings, if any, with directions to remove them within a specified time. If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer shall seal the pandal. (4) Any erector of a pandal who falsely declares that he has complied with the prescribed fire prevention and fire safety measures in the pandal shall be deemed to have committed an offence punishable under Section 52 of this Act. ### 27. Removal of encroachments or objects or goods likely to cause risk of fire or any obstruction to fire fighting. (1) Where a notification has been issued under Section 25 it shall be law full for the Director or any officer of the Fire Service authorized by the Government in this behalf direct the removal of encroachments objects or goods likely to cause a risk of fire or any obstruction to fire fighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to fire fighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly. (2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to fire fighting. (3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods. (4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice. (5) On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (4), the Sub-Divisional Magistrate shall sell them accordingly by public auction. (6) Any person aggrieved by any notice or order of the Sub-Divisional Magistrate may, within thirty days from the date of such order, prefer an appeal to the Appellate Authority; Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period. (7) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be prescribed: (8) An order of the Appellate Authority on an appeal under sub-section (7) shall be final. ### 28. Powers of members of the Fire Service on occasion of fire and/or rescue. - On the occasion of fire rescue in any area in which this Act is in force, any member of the Fire Service who is in charge of fire fighting operations on the spot may- (a) remove, or order any other member of the Fire Service to remove, any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which a fire is being fought and/or rescue work is in progress; (c) for the purpose of extinguishing fire and carrying out rescue operation, break into or through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible; (d) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilize the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations; (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as it were an officer-in- charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such officer, in respect of the exercise of such powers; (f) arrest a person who wilfully obstructs and hinders a fire service personnel in fire fighting and rescue operations and shall hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of arrest; and (g) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both. ### 29. Appointment of fire safety officer. - Every owner and occupier or an association of such owners and occupiers of the following classes of buildings or premises shall appoint a fire-safety officer who shall ensure the compliance of all fire prevention and fire safety measures and effective operation thereof as provided in this Act and the rules made thereunder, namely :- (a) cinema houses with seating capacity of more than 1000 persons and having commercial complex with built-up area more than 10000 sq. mtr. and building having multiple cinema with seating capacity, taken together, of 1000 persons, or more, whether, having commercial complexes or not; (b) hotels with 100 rooms and above; (c) underground shopping complexes, district centers, sub-central business districts, including the basement with built up area of more than 25000 sq. mtr.; (d) multistoried non-residential buildings above 50 meters in height (e) large oil and natural gas installations such as refineries, LPG bottling plants and similar other facilities; (f) open stadia's with seating capacity more than 50,000 persons and indoor stadia's with seating capacity more than 25,000 persons; (g) hospitals and nursing homes with more than 500 beds; (h) public and semi-public buildings like 'large surface and sub-surface railway stations, interstate bus terminuses, airports amusement parks and other similar buildings; Provided that the Government may, by notification in the official Gazette, from time to time, include any other premises which in its opinion, require appointment of fire safety officers. ### 30. Fire safety officers to undergo training. - The fire safety officers shall undergo training at the Fire Safety management Academy as may be specified by the Government in this behalf: Provided that a person who has already undergone such training at the National Fire Service Collage, Nagpur or at any other equivalent institution recognized by the Government, shall not be required to undergo such a training. ### 31. Penalty in case of default of non-appointment of fire Safety officer. (1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under section 29, fire safety officer within thirty days, of the receipt of a notice given in this behalf by the Director or the nominated authority, as the case may be, each one of them shall be deemed to be in default jointly and severally. (2) When the person liable for appointment of such fire safety officer is deemed to be in default, such sum not less than ten rupees per square meter and not exceeding fifty rupees per square meter of area owned or occupied by him including in the common areas in the premises as determined by the Director, may be recovered from him by way of penalty for each month of default or part thereof. (3) The amount due as penalty under sub-section (2) shall be recovered as an arrears of land revenue. Chapter-Vi Special Provision For The Fire Protection And Fire Safety Measures In Certain Buildings And Premises In Bihar ### 32. Special provision for multistoried building. - Notwithstanding anything contrary to the provision contained in this Act, the multistoried buildings shall be governed by the provisions of the fire prevention and fire safety measures hereinafter stipulated. The Govt. may registered Fire Consultant or appoint Fire Advisor for implementation of Fire Prevention measures in multi-storied building & for special premises as prescribed by rules framed under this act. ### 33. Inspection of buildings, premises, etc. (1) The nominated authority may, after giving three hours notice to the occupier, or if there be no occupier, to the owner of any building having such height as may be specified by rules framed under this Act or premises, enter and inspect the said building or premises at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire protection and fire safety measures: Provided that the nominated authority may enter into and inspect any building or premises at any time if it appears to it to be expedient and necessary to do so in order to ensure safety of life and property. (2) The nominated authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of the building or premises for carrying out the inspection under sub-section (1). (3) When any building or premises used as a human dwelling is entered under subsection (1) due regard shall be paid to the social and religious sentiments of the occupiers; and, before any apartment in the actual occupancy of any women who, according to the custom does not appear in public, is entered under sub-section (1), notice shall be givens to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing. ### 34. Measures for fire prevention and fire safety. (1) The nominated authority shall, after the completion of the inspection of the building or premises under Section 33 record its views or the deviations from or the contravention of the building bye-laws with regard to the fire prevention and fire safety measures and the inadequacy of such measures (provided therein with reference to the height of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier of such building or premises directing him to undertake such measures as may be specified in the notice. (2) The nominated authority shall also give a report of any inspection made by it under Section 33 to the Director. ### 35. Provision regarding certain building and premises. (1) Notwithstanding anything contained in any other law for time being in force the Director or the nominated authority may enter and inspect any building, the construction of which was completed on or before the commencement of this Act or any building which was under construction on such date in such inspection appears necessary for ascertaining the adequacy of fire prevention and fire safety measures in such buildings. (2) The entry and inspection under sub-section (1) shall be done by the Director or the nominated authority in the manner laid down in Section 33. (3) The Director or the nominated authority, as the case may be, shall, after inspection of the building or premises under sub-section (1), and after taking into consideration.- (i) the provisions of the building bye-laws in accordance with which the plan of this said building or premises was sanctioned; (ii) the conditions imposed, if any, by the local authority at the time of the sanction of the plan of the said building or premises; and (iii) the minimum standards for fire prevention and fire safety measures specified for such building or premises as may be specified by rules framed under this Act; issue a notice to the owner or occupier of such building or premises stating therein the inadequacy in regard to the fire prevention and fire safety measures in it and direct the owner or occupier to under take measures for rectifying the said inadequacy within the period as he may consider just and reasonable. (4) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director. ### 36. Appeals. (1) Any person aggrieved by any notice or order of the nominated authority or the Director issued or made under this chapter may prefer an appeal against such notice or order to the Appellate Authority within thirty days from the date of the notice or order appealed against: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period. (2) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as a may be specified by rule framed under this Act. (3) An order of the Appellate Authority on an appeal under sub-section (1) shall be final. ### 37. Penalties for violation of provisions of Chapter VI. - Whoever contravenes any provision of this Chapter shall, without prejudice to any other action taken against him under this Act and rules made there under, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both and where the offence is a continuing one with a further fine which may extend to three thousand rupees for every day after the first during which such offence continues. Chapter-VII Miscellaneous ### 38. Establishment of fire training institute. (1) The Government may establish and maintain fire training institute in Bihar to be known as the "Fire Safety Management Academy" for providing courses of instruction in the prevention and extinguishment of fire of the Fire Service personnel and private candidate from industries, hotels, multi-storied buildings and similar others government and non-government establishments as specified in section 29. (2) The Government may extend the training facilities at the academy to be established under sub-section (1) to the fire services under the control of local bodies and industrial undertakings as well as to the state fire services of other States on payment of charges as may be prescribed. (3) Subject to the observance of the general rules applicable to other employees of the Government in relation to training, the members of the Fire Service may be given training in the field of scientific and modern techniques of fire protection and fire safety measures, and allied matters in any institute, within or out of India at the cost and expense of the Government for the administration of the provisions of this Act. (4) A fire officer who undergoes training as provided in sub-section (3), shall indemnify the Government to reimburse all such expenses and costs, including the pay and allowances as may be paid to him during the course of training, if he does not serve the Fire Service for a stipulated tenure binding on him in this behalf. ### 39. Transfer to other area. - The Director or any fire officer authorized by the Government in this behalf may, on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order the dispatch of the members of the Fire Service with necessary appliances and equipment to carry out fire fighting operations in such neighbouring area and thereupon all the provisions of this Act and the rules made there under shall apply to such areas, during the period of fire emergency or during such period as the Director may specify on such charges as may be prescribed from time to time. ### 40. Employment on other duties. - It shall be lawful for the Government or any officer authorized by it in this behalf, to employ the Fire Service in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment. ### 41. Liability of property owner to pay compensation. (1) Any person whose property catches fire on account of an action of his own or of his agent done deliberately or negligent shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under Section 28 of this Act or by the officer mentioned therein or any person acting under the authority of such officer. (2) All claims under sub-section (1) shall be preferred to the Appellate Authority, within thirty days from the date when the damage was caused. (3) The Appellate Authority, shall, after giving the party an opportunity of being heard, determine the amount of compensation due and pass an order stating such amount and the person liable for the same, and the order so passed shall have the force of a decree of a Civil Court. ### 42. Power to obtain information. - The Director or any fire officer, authorized by general or special order in this behalf, may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified, to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto any other material particulars, and such owner or occupier shall furnish all the information in his possession. ### 43. Power of entry. (1) The nominated authority may enter any of the places specified in any notification issued under sub-section (1) of Section 25 for the purpose of determining whether preventive and safety measures against fire required to be taken on such place have been so taken. (2) The nominated authority shall, after the completion of the inspection of the building or premises under sub-section (1) record its views on the deviations from or the contravention of, the notification issued under subsection (2) of Section 25 with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the occupancy of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier or such building or premises directing him to undertake such measures as may be specified in the notice. (3) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director. (4) Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under subsection (1). ### 44. Power to seal buildings or premises. (1) Where, on receipt of a report from the nominated authority under sub-section (2) of Section 34 or sub-section (4) of Section 35 or sub-section (3) of Section 43, or suo-moto, it appears to the Director that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building or premises to remove themselves from such building or premises forthwith. (2) If an order made by the Director under sub-section (1) is not complied with, the Director may direct any police officer having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions. (3) After the removal of the persons under sub-section (1) or sub-section (2), as the case may be, the Director shall seal the building or premises. (4) No person shall remove such seal except under an order made by the Director. (5) Any person who removes such seal except under an order made by the Director, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty five thousand rupees, or with both. ### 45. Compensation of water. - No charge shall be made be any local authority for water consumed in fire fighting operations by the Fire Service. ### 46. No compensation for interruption of water supply. - No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (d) of section 28. ### 47. Police officers and others to aid. - Every police officer, government and private agency or person is bound to assist the members of the Fire Service reasonably demanding his or its aid in the execution of their duties under this Act. ### 48. Failure to give information. - Any person who without just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under the first part of Section 176 of the Indian Penal Code, 1860 (45 of 1860). ### 49. Failure to take precautions. - Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under subsection (1) of Section 25 or a direction issued under sub-section (2) of that section shall be punishable with fine which may extend to Rs. 1000 (Rs. one thousand) or with imprisonment for a term which may extend to three months, or with both and where the offence is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such offence continues. ### 50. Penalty for wilfully obstructing the fire fighting, rescue operations. - Any person who wilfully obstructs or interferes with any member of the Fire Service who is engaged in fire fighting operations, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. ### 51. False report. - any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised to receive such report by means of a statement, message or otherwise shall be, punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both. ### 52. General provision for punishment for offence. - Whoever contravenes any provision of this Act or of any rule or notification made there under shall, without prejudice to any other action taken against him under this Act and the rules made there under, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to five hundred rupees for every day after the first during which such offence continues. ### 53. Fire Service functioning in Bihar immediately before the commencement of this Act to be deemed to be Fire Service Constituted under this Act. - Without prejudice to the provisions contained in any other law for the time being in force. (a) the fire service functioning in Bihar before the commencement of this Act "the existing Bihar Fire Service" shall, on such commencement, be deemed to be the Fire Service constituted under this Act and every member of the existing Bihar Fire Service holding the office, shall be deemed to be appointed and to hold the office, under this Act; (b) all proceedings pending before any fire officer of the existing Bihar Fire Service, immediately before the commencement of this Act be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly. ### 54. Compounding of offences. (1) Any offence whether committed before or after the commencement of this Act punishable under sections 26,27,31,37,44,48,49, 50,51 and 52 or any rule made under this Act, may be compounded by such officers of the Fire Service and for such amount as the Government may, by notification in the Official Gazette, specify in this behalf: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Government or of any of the officers authorized under this Act and until the same has been complied with so far as the compliance is possible. (2) Where an offence has been compounded under sub-section (1), the offender if in custody, shall be set at liberty and no proceeding shall be instituted or continued against him in respect of such, offence. ### 55. Bar of jurisdiction of Court. - No court shall entertain any suit, application or other proceedings in respect of any notice or order under this Act and no such notice or order shall be called in question otherwise than by preferring an appeal under this Act. ### 56. Cognizance for prosecution. - No court shall proceed to the trial of an offence under this Act, except on the complaint of, or upon information received from, the Director or the officer authorized by him in this behalf. ### 57. Jurisdiction. - No court inferior to that of a Judicial Magistrate first class shall try an offence punishable under this Act. ### 58. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under. ### 59. Special promotion to the subordinate operational staff. - To encourage outstanding sportsmen, marks men,' officers and other subordinate staff who have shown exceptional gallantry and devotion to duty in saving the life and property, the Director may, with the prior approval of the Government, promote such officers out of turn to the next higher rank provided vacancies exists. Such promotions shall not exceed ten percent of the sanctioned strength in such ranks. For purposes of seniority such promotes shall be placed at the bottom of the promotion list drawn up for that year. ### 60. Death of member of Fire Service. - In the event of a member of the Fire Service (other than a gazetted officer), dying while on active duty, the Government shall pay, subject to the maximum limit of Rs. 5000 (Rs. five thousand) to the next of kin as funeral expenses. ### 61. Officers to be public servants. - Every officer acting under the provisions of this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860). ### 62. Offences by companies. (1) Where an offence under this Act has, been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in subsection (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part, of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - for the purposes of this section, (a) "Company" means a body corporate and includes a firm or other association of individuals; and (b) "Director", in relation to a firm, means a partner in the firm. ### 63. Power to make rules/Regulations. (1) The Government may by notification in the Official Gazette, make rules/regulations 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- (a) recruitment to, and the pay, allowances and all other conditions of service of the members of the Bihar Fire Service under clause (b) of Section 5; (b) constitution of fire division comprising such numbers of fire sub-divisions under clause (a) of Section 9; (c) constitution of fire sub-divisions comprising such numbers of fire stations under clause (b) of Section 9; (d) Form of certificate of appointment and fire officer under whose seal such certificate of appointment shall be issued under sub-section (2) Of Section 10; (e) Purposes of meetings or demonstrations under sub-section (2) of Section 19; (f) Mode of assessment, collection and enforcement of payment of fire tax levied under Section 21; (g) Manner in which fire tax collected under Section, 21 shall be paid to Government; (h) fee on deployment of Fire Service beyond the limits of Bihar under sub-section (1) of Section 22 and under Section, 39; (i) terms for reciprocal firefighting arrangements with other fire services under Section 23; (j) the minimum standards for fire prevention and fire safety measures for the purposes of subsection (2) of Section 25, Section 32 and-clause (i) of subsection (3) of Section 35; (k) form of declaration under sub-section (2) of Section 26; (l) form of notice under sub-section (4) of Section 27; (m) the height of the building under sub-section (1) of Section 33; (n) form of appeal and fees under sub-section (7) of Section 27 and sub-section (2) of Section 36; (o) charges for extending training facilities at Fire Safety Management Academy to others under sub section (2) of Section 38 ; (p) officers of the Fire Service, and the amount for compounding of offences under sub-section (1) of Section 54; (q) making available to the Fire Service with such, appliances and equipment as it deems proper; (r) the adequate supply of water to securing that it shall be available for use; (s) constructing or providing fire stations or hiring places for accommodating the members of the Fire Service and its fire fighting appliances; (t) giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Fire Service on the occasion of fires; (u) the training, discipline and good conduct of \ the members of the Fire Service; (v) speedy attendance of members of the Fire Service with necessary appliances and equipment on the occasion of any alarm of fire; (w) regulating and controlling the powers, duties and functions of the Director; (x) generally, for the maintenance of the Fire Service in a due state of efficiency; (y) regulating installation of pandals and shamianas; (z) writing of confidential reports fire officers; (za) determining the description and quantity of fire fighting and rescue equipment including appliances clothing and other necessaries to be furnished to the Fire Service; (zb) institution, management and regulation of any fire service fund for any purpose connected with policy administration; (zc) assigning duties to fire officers of all ranks and grades, and prescribing the manner in which and the conditions subject to which, they shall exercise and perform their respective powers and duties; (zd) generally, for the purposes of rendering the Fire Service efficient and preventing abuse or neglect of their duties; (ze) and any other matter which is required to be, or may be, provided by rules. ### 64. Laying of rules and regulations before both the houses of the Legislature of the State of Bihar. - Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before both Houses of legislature, while it is in session, for a total period of 14 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 regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall there after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule of regulation. ### 65. Delegation of powers. (1) The Government may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by any of the officers of the Government. (2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed also by any officer of the Fire Service specified in the order. ### 66. Repeal and Savings. (1) The Bihar Fire Service Act, 1948 (Bihar Act 37, 1948) is hereby repealed. (2) Notwithstanding such repeal, the following general responsibilities of any Local Authority shall not be deemed to be limited, modified or derogated:- (a) to provide and maintain such water supply and fire hydrants for fire fighting purposes as may be directed by the Government from time to time; (b) to frame bye-laws For the regulation of dangerous trades; (c) to order any of its employees to render aid in fighting a fire when reasonably called to do so by any member of the Fire Service; and (d) generally to take such measures as will lessen the likelihood of fires or preventing the spread of fires. ### 67. 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 or expedient for removing the difficulty: Provided that no such order shall be made after the expiry 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 issued, before the Legislative Assembly of Bihar."
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acts
Union of India - Act ---------------------- The War Injuries (Compensation Insurance) Act, 1943 ----------------------------------------------------- UNION OF INDIA India The War Injuries (Compensation Insurance) Act, 1943 ===================================================== Act 23 of 1943 ---------------- * Published in Gazette of India on 2 September 1943 * Not commenced An Act to impose on employers a liability to pay compensation to workmen sustaining war injuries and to provide for the insurance of employers against such liability. WHEREAS it is expedient to impose on employers a liability to pay compensation to workmen sustaining war injuries and to provide for the insurance of employers against such liability; It is hereby enacted as follows:- ### 1. Short title, extent and commencement.- (1) This Act may be called the War Injuries (Compensation Insurance) Act, 1943. (2) It extends to the whole of India except 2[the territories which immediately before the 1st November, 1956, were comprised in Part B States]. (3) It shall come into force on such 3date as the Central 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) "adult" and "minor" have the meanings assigned to those expressions in the Workmen's Compensation Act, 1923 (8 of 1923); (b) "employer" includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means the latter person while the workman is working for that other person; (c) "the Fund" means the War Injuries Compensation Insurance Fund constituted under section 11; (d) "gainfully occupied person" and "war injury" have the meanings assigned to those expressions in the War Injuries Ordinance, 1941 (7 of 1941); (e) "partial disablement" means, where the disablement is of a temporary nature such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time the injury was sustained, and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in any employment which he was capable of undertaking at that time: Provided that every injury specified in items 2 to 9 of 4[the First Schedule] shall be deemed to result in permanent partial disablement; (f) "prescribed" means prescribed by rules made under section 20; ### 1. [(ff) "termination of the present hostilities" means such date as the Central Government may, by notification in the Official Gazette, declare to be the date on which the said hostilities terminated;] (g) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time the injury was sustained: Provided that permanent total diablement shall be deemed to result from the permanent total loss of the sight of both eyes or from an injury specified in item 1 of 2[the First Schedule] or from any combination of injuries specified in items 2 to 9 of 2[the First Schedule] where the aggregate percentage of disability as specified in that Schedule against those injuries amounts to one hundred per cent; (h) the "Scheme" means the War Injuries Compensation Insurance Scheme referred to in sub-section (1) of section 7; (i) "wages" means wages as defined in the Workmen's Compensation Act, 1923 (8 of 1923), and "monthly wages" has the meaning assigned to that expression by section 5 of the Workmen's Compensation Act, 1923, and shall be calculated for the purposes of this Act in the manner laid down in that section; (j) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employers' trade or business) who is employed in any of the employments specified in section 6. ### 3. Compensation payable under the Act by whom and how payable.- (1) There shall, subject to such conditions as may be specified in the Scheme, be payable by an employer, in respect of a war injury sustained by a gainfully occupied person who is a workman to whom this Act applies, compensation, in addition to any relief provided under the War Injuries Ordinance, 1941 (7 of 1941), of the amount and kind provided by section 5: Provided that where an employer has taken out a policy of insurance as required by sub-section (1) of section 9 and has made all payments by way of premium thereon which are subsequently due from him in accordance with the provisions of the Scheme, or where by the provisions 3[of sub-section (1) of section 9 or] of sub-section (2) of section 12 the employer is not required to insure, the Central Government shall assume and discharge on behalf of the employer the employer's liability to pay compensation under this sub-section. (2) The compensation payable under this Act shall be payable in accordance with the provisions made in this behalf contained in the Scheme. (3) This section shall be binding on the Government. ### 4. Limitation on right to receive compensation otherwise than under this Act and Ordinance 7 of 1941.- Where any person has a right apart from the provisions of this Act and of the War Injuries Ordinance, 1941 (7 of 1941), to receive compensation (whether in the form of gratuity, pension, compassionate payment or otherwise) or damages from an employer in respect of a war injury in respect of which compensation is payable under this Act, the right shall extend only to so much of such compensation or damages as exceeds the amount of compensation payable under this Act. ### 5. Amount of compensation.- (1) The compensation payable under this Act shall be as follows, namely: - (a) where death results from the injury- (i) in the case of an adult-the amount payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced by seven hundred and twenty rupees, and (ii) in the case of a minor-two hundred rupees; (b) where permanent total disablement results from the injury- (i) in the case of an adult-the amount payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced by one thousand and eight rupees, and (ii) in the case of a minor-the monthly payment payable in a like case to an adult under the Scheme made under the War Injuries Ordinance, 1941 (7 of 1941), for so long as he remains a minor, and thereafter as in the foregoing sub-clause; (c) where permanent partial disablement results from the injury- (i) in the case of an injury specified in 1[the First Schedule]-such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of disablement; (ii) in the case of an injury not specified in 1[the First Schedule]-the percentage of such compensation specified in 1[the First Schedule] for a disablement held by a competent medical authority acting under the Scheme made under the War Injuries Ordinance, 1941 (7 of 1941), to be of corresponding degree; (iii) where more injuries than one are sustained-the aggregate of the compensation payable in respect of those injuries, so however as not to exceed in any case the compensation which would have been payable if permanent total disability had resulted from the injuries; (d) where temporary disablement, whether total or partial, results from the injury- (i) in the case of an adult-the half-monthly payments payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced in each case for so long as he receives any payment under the Scheme made under the War Injuries Ordinance, 1941 (7 of 1941), by seven rupees, and (ii) in the case of a minor-the half-monthly payments payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), for so long as he remains a minor, and thereafter as in the foregoing sub-clause. (2) Where the monthly wages of a workman are more than three hundred rupees, the com-pensation payable under this Act shall be the amount payable under the provisions of sub-section (1) in the case of a workman whose monthly wages are more than two hundred rupees. ### 6. Workmen to whom the Act applies.- The workmen to whom this Act applies are- (a) workmen employed in any employment or class of employment to which the Essential Services (Maintenance) Ordinance, 1941 (11 of 1941), has been declared under section 3 of that Ordinance to apply, whether such declaration is or is not subsequently revoked; (b) workmen employed in any factory as defined in clause (j) of section 2 of the 2the Factories Act, 1934 (25 of 1934); (c) workmen employed in any mine within the meaning of 3the Indian Mines Act, 1923 (4 of 1923); (d) workmen employed in any major port; (e) workmen employed on any estate which is maintained for the purpose of growing cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve mon-ths twenty-five or more persons have been employed as workmen; (f) workmen employed in any employment specified in this behalf by the Central Government by notification in the Official Gazette. ### 7. War Injuries Compensation Insurance Scheme.- (1) The Central Government shall, by notification in the Official Gazette, put into operation a scheme to be called the War Injuries Compensation Insurance Scheme whereby provision is made for all matters necessary to give effect to the purposes of this Act and whereby the Central Government undertakes, in relation to employers of workmen to whom this Act applies, the liabilities of insuring such employers against liabilities incurred by them to workmen under this Act and the Scheme. (2) The Scheme shall secure that any liability of the Central Government as insurer under the Scheme is determined by a policy of insurance issued in the prescribed form by a person acting on behalf of the Central Government. (3) The Scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date as may be specified therein. (4) The Scheme may be amended at any time by the Central Government. (5) Without prejudice to the generality of the provisions of sub-section (1), the Scheme may- (a) make provisions regulating the payment of the compensation payable under this Act and the Scheme, including provision for punishment by fine not exceeding one thousand rupees for the contravention of any requirement of the Scheme; (b) make provisions specifying the persons to whom and the proportions and manner in which payments under this Act shall be made; (c) specify conditions or circumstances which will disentitle a workman to the compensation payable under this Act, and make it an express or implied condition of any policy of insurance issued under the Scheme that the payment of compensation in defiance of such specification is not covered by the policy; (d) specify the conditions or circumstances under which the compensation payable to a workman may be withheld, cancelled, reduced or reviewed if the award made under the Scheme made under the War Injuries Ordinance, 1941 (7 of 1941), is withheld, cancelled, reduced or reviewed; (e) provide for cases in which an employer has of his own accord undertaken a part or the whole of the liability imposed by this Act; (f) provide for the final assessment of the total premium due on a policy of insurance under the Scheme 1[either as the equivalent of all advance payments of premium already made by an employer, or as a percentage of the total wages bills of an employer for the periods with reference to which the amount of any advance payments made by him was fixed or] as a percentage of the total wages bill of an employer for a period of not less than twelve or more than fifteen months immediately preceding the termination of the present hostilities, and for the assessment of the total premium due on a policy which has ceased to be in force before the termination of the present hostilities owing to the employer having gone out of business; (g) provide for the recovery from an employer of the total premium due on a policy of insurance including provision for its recovery by periodic advance payments of an amount based on a percentage of his total wages bill for any prescribed period, the separate funding of the payments so made by each employer, and the eventual adjustment of the total pre-mium as finally assessed against the total of such periodic payments: 1[Provided that, where the amount of the periodic payment based on the total wages bill of the prescribed period is less than eight rupees, it shall be increased to eight rupees:] Provided 1[further] that the first of such periodic payments shall 1[subject to the aforesaid minimum of eight rupee] be an amount representing not more than four annas per hundred rupees of the wages bill for the period by reference to which the amount of the payment is fixed: Provided further that such periodic payments shall not be more frequent than once in each quarter of a year: Provided further that the rate of any periodic payment after the first shall 1[subject to the aforesaid minimum of eight rupees] not be higher than the rate estimated to raise the amount in the Fund after repayment of the advances, if any, paid into the Fund by the Central Government under sub-section (2) of section 11, to a sum of rupees fifteen lakhs. ### 8. Employment of agents by the Central Government. - The Central Government may employ or authorise the employment of any person or firm to act as its agents for any of the purposes of this Act, and may pay to persons or firms so employed such remuneration as the Central Government thinks fit. ### 9. Compulsory insurance.- (1) Every employer of workmen to whom this Act applies or is subsequently made applicable 2[except an employer whose total wages bill for any quarter after the commencement of this Act has never exceeded fifteen hundred rupees] shall, before such date as may be prescribed, or before the expiry of such period ,as may be prescribed, after his having first become such an employer, take out a policy of insurance issued in accordance with the Scheme, whereby he is insured until the termination of the present hostilities or until the date, if any, prior to the termination of the present hostilities at which he ceases to be an employer to whom this section applies, against all liabilities imposed on him by this Act. (2) Whoever contravenes the provisions of sub-section (1) or, having taken out a policy of insurance as required by that sub-section, fails to make any payment by way of premium thereon which is subsequently due from him in accordance with the provisions of the Scheme shall be punishable with fine which may extend to one thousand rupees and shall also be punishable with a further fine which may extend to five hundred rupees for every day after having been so convicted on which the contravention or failure continues. (3) This section shall not bind the Government nor, unless the Central Government by notification in the Official Gazette otherwise orders, any 3[Railway Administration]. ### 10. Prohibition of certain insurance business.- (1) After the date on which the Scheme is put into operation no person shall, except as a person authorised by the Central Government as its agent to issue policies in pursuance of the Scheme, carry on the business of insuring employers in 4[the territories to which this Act extends] against the liabilities for insurance against which the Scheme provides. (2) Nothing in sub-section (1) applies to any policy of insurance entered into before the date on which the Scheme is put into operation and current after that date or to any policy of insurance covering liabilities undertaken in excess of the liabilities imposed by this Act. (3) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to five thousand rupees and with a further fine which may extend to one thousand rupees for every day after the first on which the contravention continues. ### 11. War Injuries Compensation Insurance Fund.- (1) The Central Government shall establish a fund for the purposes of this Act to be called the War Injuries Compensation Insurance Fund into which shall be paid all sums received by the Central Government by way of insurance premiums under the Scheme or by way of payments made on composition of offences under section 17 1[or any provision of law corresponding thereto in force in 2[any part of India to which this Act does not extend] or in the territories (hereinafter referred to as Administered Areas) set out in the Second Schedule] or by way of expenses or compensation awarded by a Court under section 545 of the Code of Criminal Procedure, 18983 (5 of 1898), out of any fine imposed under this Act, or by way of penalties imposed under the Scheme, and out of which shall be paid all sums required for the discharge by the Central Government of any of its liabilities under this Act or the Scheme, or for the payment by the Central Government of the remuneration and expenses of agents employed for the purposes of the Scheme, or for the payment by the Central Government of the costs of administering the Scheme : Provided that no payment from the Fund shall be made in discharge of any liability of the Government to pay compensation to workmen employed by it. (2) If at any time the sum standing to the credit of the Fund is less than the sum for the time being necessary for the adequate discharge of the purposes of the Fund, the Central Government shall pay into the Fund as an advance out of general revenues such amount as the Central Government considers necessary. (3) If when all payments which have to be made out of the Fund have been defrayed, any balance remains in the Fund, the balance shall be constituted into a Fund to be utilised and administered by the Central Government for the benefit of workmen. (4) The Central Government shall prepare in such form and manner as may be prescribed and shall publish every six months an account of all sums received into and paid out of the Fund. ### 12. Principals and contractors.- (1) Where a person (in this section referred to as the principal) uses, in the course of or for the purposes of his trade or business, the services of workmen temporarily lent or let on hire to him by arrangement with another person with whom the workmen have entered into contracts of service or apprenticeship, or in the course of or for the purposes of his trade or business, contracts with any other person for the execution by or under such other person of the whole or any part of any work which is ordinarily part of the trade or business of the principal (either such other person being in this section referred to as the contractor) the principal shall obtain from the contractor the name of the agent of the Central Government acting under section 8 with whom he intends to insure, and shall report to that agent the existence of his arrangement or contract with the contractor. (2) Notwithstanding anything elsewhere contained in this Act, in any such case as is referred to in sub-section (1), it shall not be necessary for the contractor to insure against the liabilities imposed on him by this Act in respect of workmen employed by him whose services are lent or let on hire on such an arrangement or used in the execution of work on such a contract as is referred to in sub-section (1), where the arrangement or contract is for a term of less than one month. (3) The Scheme may make provision for the supply by a contractor to a principal of any information necessary to enable the purposes of this section to be carried out including provision for punishment by fine not exceeding one thousand rupees for the contravention of any requirement of the Scheme. ### 13. Power of Central Government to obtain information.- (1) Any person authorised in this behalf by the Central Government may, for the purpose of ascertaining whether the requirements of this Act and of the Scheme have been complied with, require any employer to submit to him such accounts, books or other documents or to furnish to him such information or to give such certificates as he may reasonably think necessary. (2) Whoever wilfully obstructs any person in the exercise of his powers under this section or fails without reasonable excuse to comply with any request made thereunder shall, in respect of each occasion on which any such obstruction or failure takes place, be punishable with fine which may extend to one thousand rupees. (3) Whoever in purporting to comply with his obligations under this section knowingly or recklessly makes a statement false in a material particular shall be punishable with fine which may extend to one thousand rupees. ### 14. Recovery of premium unpaid.- (1) Without prejudice to the provisions of sub-section (2) of section 9, where any person has failed to insure as or to the full amount required by this Act and the Scheme and has thereby evaded the payment by way of premium of any money which he would have had to pay in accordance with the provisions of the Scheme but for such failure, an officer authorised in this behalf by the Central Government may determine the amount payment of which has been so evaded, and the amount so determined shall be payable by such person and shall be recoverable from him as provided in sub-section (2). (2) Any sum payable in accordance with the provisions of the Scheme by way of premium on a policy of insurance issued under the Scheme and any amount determined as payable under sub-section (1) shall be recoverable as an arrear of land-revenue. (3) Any person against whom a determination is made under sub-section (1) may, within the prescribed period, appeal against such determination to the Central Government whose decision shall be final. ### 15. Payment of compensation where employer has failed to insure.- Where an employer has failed to take out a policy of insurance as required by sub-section (1) of section 9, or having taken out a policy of insurance as required by that sub-section has failed to make the payments by way of premium thereon which are subsequently due from him in accordance with the provisions of the Scheme, payment of any compensation for the payment of which he is liable under this Act may be made out of the Fund, and the sum so paid together with a penalty of such amount not exceeding the sum so paid as may be determined by an officer authorised in this behalf by the Central Government shall be recoverable from the employer as an arrear of land revenue for payment into the Fund. ### 16. Limitation of prosecutions.- No prosecution for any offence punishable under this Act shall be instituted against any person except by or with the consent of the Central Government or an authority authorised in this behalf by the Central Government. ### 17. Composition of offences.- Any offence punishable under sub-section (2) of section 9 may, either before or after the institution of the prosecution, be compounded by the Central Government or by any authority authorised in this behalf by the Central Government on payment for credit to the Fund of such sum as the Central Government or such authority, as the case may be, thinks fit. ### 18. Bar of legal proceedings.- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act. (2) No suit shall be maintainable in any Civil Court against the Central Government or a person acting as its agent under section 8 for the refund of any money paid or purporting to have been paid by way of premium on a policy of insurance taken out or purporting to have been taken out under this Act. ### 19. Power to exempt employers.- The Central Government shall exempt any employer from the provisions of this Act on the employer's request, if satisfied that he has before the commencement of this Act entered into a contract with insurers substantially covering the liabilities imposed on him by this Act, for so long as that contract continues. ### 20. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules to carry into effect the provisions of this Act. (2) Without prejudice to the generality of the foregoing power such rules may prescribe- (a) the principles to be followed in ascertaining the total wages bill of an employer, including provision for the exclusion therefrom of certain categories of wages or of certain elements included in the definition of wages; (b) the form of the policies of insurance referred to in sub-section (2) of section 7; (c) the period referred to in clause (g) of sub-section (5) of section 7; ### 1. \* \* \* \* \* (e) the date and the period referred to in sub-section (1) of section 9; (f) the form of and the manner of preparing and publishing the account referred to in sub-section (4) of section 11; (g) the periods referred to in sub-section (3) of section 14. ### 1. [(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one sessions, 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.] ### 21. Applications of the Scheme to certain parts of India.- (1) If the Central Government is satisfied that by the law of 2[any part of India to which this Act does not extend] 3[or of the Administered Areas] provision has been made substantially corresponding to the provision made by this Act imposing liabilities upon employers and requiring them to take out policies of insurance covering such liabilities, the Central Government may, by notification in the Official Gazette, declare that this section shall apply 4[to the territory 5[of such part of India] or compris-ing the Administered Areas]. (2) On the application of this section 6[to any such territory] the Scheme made under this Act shall extend to the undertaking by the Central Government in respect of employers 7 [in that territory] of the same liabilities in the same manner, to the same extent and subject to the same conditions as if such employers were in 5[the territories to which this Act extends]. (3) On the application of this section 6[to any such territory] the provisions of section 10 shall be deemed to prohibit any person except a person authorised by the Central Government as its agent to issue policies in pursuance of the Scheme from carrying on after the date of the notification by which this section is applied the business of insuring employers 7[in that territory] against liabilities insurance against which is provided under the Scheme. The First Schedule] [See Sections 2 and 5(1) .] | | | | | --- | --- | --- | | Item No. | Injury | Percentage of disability | | 1. | Loss of two or more limbs. | 100 | | | Lunacy. | | Jacksonian epilepsy. | | Very severe facial disfigurement. | | 2. | Loss of right arm above or at the elbow. | 90 | | 3. | Severe facial disfigurement. | 70 | | Total loss of speech. | | Loss of left arm above or at the elbow. | | Loss of right arm below the elbow. | | Loss of leg at or above the knee. | | 4. | Loss of left arm below the elbow. | 60 | | Loss of leg below the knee. | | Permanent total loss of hearing. | | 5. | Loss of one eye. | 50 | | Loss of right thumb or four fingers of right hand. | | 6. | Loss of all toes of both feet above knuckle. | 40 | | Loss of left thumb or four fingers of left hand or three fingers of right hand. | | 7. | Loss of all toes of one foot above knuckle. | 30 | | 8. | Loss of all toes of both feet at or below knuckle. | | Limited restriction of movement of joints through injury without penetration, limited function of limb through fracture. | 20 | | Loss of two fingers of either hand. | | Compound fracture of thumb or two or more fingers of either hand with impaired function. | | 9. | Loss of one phalanx of thumb. | 10 | | Loss of index finger. | | Loss of great toe. | The Second Schedule [See Section 11(1) ] ### 1. The Cantonment of Baroda. ### 2. The Administered Areas in the Western India States Agency specified in the Western India States Administered Areas (Application of Laws) Order, 1937. ### 3. The Administered Areas in the Central India Agency specified in the Central India Administered Areas (Application of Laws) Order, 1937. ### 4. The Gwalior Residency Area. ### 5. The District of Abu. ### 6. The Administered Areas in the Hyderabad State specified in the Hyderabad Administered Areas (Application of Laws) Order, 1937. ### 7. The Civil and Military Station of Bangalore. ### 8. The Kolhapur Residency Area and the Wadi Jaghir ### 9. The railway lands in the Western India States Agency specified in the notifications of the Political Department Nos. 189-I. B. and 190-I. B., dated the 8th September, 1937. ### 10. The Rajputana and Central India Railway Lands specified in the Rajputana and Central India Railway Lands (Application of Laws) Order, 1937. ### 11. The Punjab States Railway Lands specified in the Punjab States Railway Lands (Application of Laws) Order, 1939. ### 12. The Thana Circles in the Rewa-Kantha Agency in the Gujarat States Agency and the Dangs. ### 13. The British Reserve in Manipur. ### 14. The Shillong Administered Areas.]
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State of Uttarakhand - Act ---------------------------- The Uttarakhand Entertainments and Betting (Second) (Amendment) Act, 2015 --------------------------------------------------------------------------- UTTARAKHAND India The Uttarakhand Entertainments and Betting (Second) (Amendment) Act, 2015 =========================================================================== Act 27 of 2015 ---------------- * Published on 1 January 2015 * Commenced on 1 January 2015 The Uttarakhand Entertainments and Betting (Second) (Amendment) Act, 2015 (Uttarakhand Act No. 27 of 2015 ) An Act Further to amend the Uttar Pradesh Entertainment and Betting Tax Act, 1979 (as applicable to the State of Uttarakhand) to the context of the State of Uttarakhand. It is hereby enacted by the Uttarakhand Assembly in the Sixty-sixth Year of the Republic of India as follows - ### 1. Short title and commencement. (1) This Act may be called the Uttarakhand Entertainments and Betting Tax (Second) (Amendment) Act, 2015. (2) It shall come into force at once. ### 2. Amendment of sub-section (g) of section 2. - Clause (g) of section 2 of the Uttar Pradesh Entertainment and Betting tax Act, 1979 as shall be amended as follows, namely- Entertainment includes Direct to Home Broadcasting Service (D.T.H.) and any exhibition performance, amusement ride of carries of such aerial ropeway where alternative route (by whatever name it is called) to reach the destination of such carries, Bowling Alley, Water Sports, Puppet Show, Giant Wheel, game of Skill, Video Games, Paddleboat, Joy Ride in aeroplan, Hot Air gas Ballooning, Paragliding etc. game, sport or race (including horse race), River Rafting to which person are admitted for payment and in the case of cinematograph exhibition, includes exhibition of news reel, documentaries, cartoon, advertisement, shorts of slides, whether before or during the exhibition of a feature film or separately.
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State of Bihar - Act ---------------------- The Bihar Borstal Act, 1961 ----------------------------- BIHAR India The Bihar Borstal Act, 1961 ============================= Act 11 of 1962 ---------------- * Published on 1 January 1962 * Commenced on 1 January 1962 The Bihar Borstal Act, 1961 Bihar Act 11 of 1962 An Act to make provision for the establishment and regulation of Borstal institutions in the State of Bihar and for the detention and training of adolescent offenders therein and matters connected therewith. Be it enacted by the Legislature of the State of Bihar in the Twelfth Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Bihar Borstal Act, 1961. (2) It extends 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 in this behalf. ### 2. Definition. - In this Act, unless there is anything repugnant in the subject or context,- (a) "adolescent offender" means any person not less than fifteen and not more than twenty-one years of age who has been convicted of any offence punishable with imprisonment but not punishable with death or who having been ordered to give security under Section 106 or Section 118 of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now Code of Criminal Procedure, 1973 (2 of 1974).] , has failed to do so or who, when the bond has been cancelled under Section 126A of that Code, has failed to give fresh security; (b) "Borstal Institution" means a place in which adolescent offenders may be detained under this Act and given such industrial training and other instruction and subjected to such disciplinary and moral influences as well conducive to their reformation; (c) "detained" with its grammatical variations and cognate expressions means detained in a Borstal Institution; (d) "Director" means a Director of Borstal Institutions appointed under sub-section (1) of Section 4; (e) "inmate" means any person ordered to be detained; (f) "officer" means an officer of a Borstal Institution appointed in such manner as may be prescribed and includes the Superintendent and Director of Borstal Institutions appointed under Section 4; (g) "prescribed" means prescribed by rules made by the State Government under this Act; (h) "superintendent" means superintendent of a Borstal Institution appointed under sub-section (2) of Section 4; and (i) "visiting committee" means a visiting committee appointed under sub-section (3) of Section 4. ### 3. Establishment of Borstal Institutions. - For the purposes of this Act the State Government may establish one or more Borstal Institutions. ### 4. Appointment of Director of Borstal Institutions, officers, and visiting committee. (1) The State Government shall appoint a Director of Borstal Institutions who shall exercise subject to the directions issued by the State Government, general control and superintendence overall Borstal Institutions. (2) For every Borstal Institution the State Government shall appoint a Superintendent, and such other officers as it may consider necessary in such manner as may be prescribed. (3) For every Borstal Institution a visiting committee shall be appointed in such manner as may be prescribed. ### 5. Power of Court to make order for detention. (1) If it appears to the High Court, a Court of Session or any Magistrate of the first class that an adolescent offender convicted by such Court or Magistrate or failing to obey an order made by such Court or Magistrate to give security under Section 106 or Section 118 or Section 126A of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now Code of Criminal Procedure, 1973 (2 of 1974).] , should be detained, the Court or the Magistrate may, in lieu of passing a sentence of imprisonment, make an order for the detention of the adolescent offender for a term which shall not be less than two years and more than five years when the order is made by the Court and shall not be less than two years and more than three years when the order is made by the Magistrate. (2) When any Magistrate not empowered to make an order under subsection (1) is of opinion that in respect of any adolescent offender convicted by him an order should be made under the said sub-section he shall, without passing any sentence, record such opinion and submit the records of the case and forward the adolescent offender to the Sessions Judge and thereupon the Sessions Judge may either pass an order under sub-section (1) or pass other order or sentence as the Magistrate might himself have passed. (3) Before making an order of detention under sub-section (1) or sub-section (2), the Court, the Sessions Judge or the Magistrate, as the case may be, shall after considering any report submitted by the Probation Officer under the Probation of Offenders Act, 1958 (XX of 1958), and any other report or representation which may be made to it or him as to the desirability of the detention, satisfy itself or himself that the character, state of health and mental condition of the person convicted and the other circumstances of the case are such that the person convicted is likely to profit by such detention. (4) When an order for detention is made under this Act, the ground for such detention shall be recorded and a copy thereof shall be furnished to the person ordered to be detained free of cost. ### 6. Power of Superintendent of Prison to present adolescent offender before Sessions Judge for detention. - Whenever it appears to the Superintendent of a Prison that any adolescent offender confined in the prison should, for the reasons mentioned in sub-section (3) of Section 5, be detained, he shall send a report to this effect to and cause the adolescent offender to be produced before the Sessions Judge of the sessions division in which the prison is situate and if the sessions Judge after making such inquiry as may be prescribed and such further inquiry as he may consider necessary, is satisfied that the adolescent offender should, for the reasons mentioned in the said sub-section be detained, he may order the adolescent offender to be removed from the prison and detained, for a period equal to the unexpired term of the imprisonment to which he was sentenced or equal to the portion of the period for which he was required to give security, as the case may be: Provided that in no case shall he be detained for more than five years. ### 7. When action may not be taken under Section 6. - No order shall be made under the provisions of Section 6- (i) until the time allowed by law for appeal against the sentence or order under which the prisoner is committed to or confined in prison, has expired or, if an appeal has been preferred or a revision is pending until such appeal or revision has been disposed of; or (ii) if an application made on appeal or otherwise to have the sentence altered into an order of detention, has been rejected by an appellate court or the High Court; or (iii) in the case of any person who has been sent to a Reformatory School in accordance with the provisions of the Reformatory Schools Act, 1897 (VIII of 1897); or (iv) if the unexpired term of the imprisonment to which the prisoner was sentenced, or if the period for which security was required from him is less than one year; or (v) unless the provisions of sub-section (3) of Section 5 have been complied with. ### 8. Application of the [Code of Criminal Procedure, 1898] [Now, Code of Criminal Procedure, 1973.] , and the [Indian Limitation Act, 1908] [Now, Indian Limitation Act, 1963.] and provisions of appeal and revision. (1) Subject to the provision of sub-section (2) the provision of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now, Code of Criminal Procedure, 1973.] relating to appeal, reference and revision and Articles 154 and 155 of the [Indian Limitation Act, 1908 (IX of 1908)] [Now, Code of Criminal Procedure, 1973.] , shall apply in the case of an order of detention as if the order had been a sentence of imprisonment for the same period as the period for which detention was ordered. (2) Notwithstanding anything contained in Section 423 of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now, Code of Criminal Procedure, 1973.] , in case of an adolescent offender, an appellate court or the High Court in exercise of its powers of revision, may, in pursuance of sub-section (1) and the provisions of that Code, and after making such inquiry as it may deem fit, alter a sentence of imprisonment or an order of commitment to prison under Section 123 of that Code to an order of detention if, for reasons mentioned in sub-section (3) of Section 5, it considers such alteration expedient and may alter an order of detention to a sentence of imprisonment or an order of commitment to prison under the said Section 123, as the case may be: Provided that- (i) the sentence of imprisonment, order of commitment or detention shall not be in excess of the powers of the trial court or Magistrate; and (ii) before making such order the court shall give the said person or his parent or guardian a reasonable opportunity of being heard. (3) Any person who has been ordered to be detained in a Borstal Institution for a period to expire after the term of the imprisonment to which he was sentenced would expire had the order not been passed, may appeal to the court of session, and such court may either confirm the order or set it aside and restore the sentence of imprisonment or if the order is for more than two years, reduce it to a term not shorter than two years nor shorter than the residue of imprisonment to which he was sentenced. (4) Any person ordered by a court of session under the provision of subsection (3) to be detained for a period to expire after the term of imprisonment to which he was sentenced would expire had such order not been passed, may appeal within sixty days of the order to the High Court and the High Court may pass any such order as the court of sessions might have passed. ### 9. Release on furnishing security. - Any person detained for failure to furnish security shall be released on furnishing the security. ### 10. Inquiry to be made regarding age before the passing of an order of detention. (1) Before passing an order of detention under this Act, the Court, Sessions Judge or Magistrate as the case may be, shall inquire, or cause an inquiry to be made into the question of the age of the person convicted or failing to obey an order to give security under Section 106, or under Section 118 or Section 126A of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now, Code of Criminal Procedure, 1973 (2 of 1974).] and after taking such evidence if any, in regard thereto as may be deemed necessary or proper shall record a finding thereon. (2) A similar inquiry shall be made and finding recorded by every Magistrate not empowered to pass an order of detention under this Act before submitting the record and forwarding the accused to the Sessions Judge as required by subsection (2) of Section 5. ### 11. Additional Sessions Judge to have power of Sessions Judge. - The Sessions Judge may transfer any matter or proceeding pending before him under this Act to an Additional Sessions Judge for disposal and on such transfer being made the Additional Sessions Judge shall exercise in regard thereto the same powers as are vested in the Court of Sessions or the Sessions Judge by or under this Act. ### 12. Detention for the first time not to be regarded as a disqualification. - The detention of a person for the first time under the provisions of this Act shall not be regarded as a conviction for the purpose of any disqualification attaching to a conviction for any offence. ### 13. Power to release on certificate. - Subject to the order of the State Government, the Visiting Committee, with the sanction of the Director of Borstal Institutions, may at any time after the expiration of six months, or in the case of women, three months from the commencement of the term of detention, if satisfied that the inmate is likely to abstain from crime and to lead a useful and industrious life, by certificate permit him to be discharged from the Borstal Institutions on condition that he be placed under the supervision or authority of such servant of the Government or such secular institution or such person or religious society belonging to the same religion as the inmate named in the certificate who may be willing to take charge of him. A certificate granted under this section shall remain in force until the term for which the inmate was ordered to be detained has expired unless sooner suspended, revoked or forfeited. ### 14. Absence under certificate to be counted towards period of detention. - The time during which an inmate is absent from a Borstal Institution in accordance with certificate granted under Section 13 shall be reckoned as part of the period of detention. ### 15. Form of certificate. - Every certificate granted under the provisions of Section 13 shall be in such form and shall contain such conditions as the State Government may by general or special order, direct. ### 16. Suspension and revocation of certificate. - Subject to any general or special direction of the State Government a certificate granted under section 13 may be suspended for a period not exceeding there months by the Superintendent and may be suspended or revoked at any time by the Visiting Committee. When the certificate of any inmate has been suspended or revoked, he shall return to the Borstal Institution, and, if he fails to do so, he may be arrested without warrant by any police officer not below the rank of a Sub Inspector and admitted to tho Institution. ### 17. Penalty of escape. - If any inmate escapes from a Borstal Institution before the expiry of the period for which he was ordered to be detained or if any inmate absent on certificate from a Borstal Institution escapes from the supervision or authority of any servant of the Government or secular institution or person or religious society in whose charge he was placed, or fails on the suspension or revocation of his certificate to return to the Borstal Institution he may, on conviction by a Magistrate, be punished with imprisonment of either description for a term which may extend to two years or with fine or with both, and his certificate, if any, shall be forfeited with effect from the date of his escape or failure to return as the case may be. An offence under this section shall be deemed to be a cognizable offence within the meaning of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now, Code of Criminal Procedure, 1973 (2 of 1974).] . ### 18. Incorrigibles. - Where an inmate is reported to the State Government by Visiting Committee to be incorrigible or to be exercising bad influence on the other inmates of the institution or is convicted under Section 17 or is reported by the Superintendent to have committed an offence which has been declared to be a major Borstal institution offence by rules made by the State Government in pursuance of the provisions of clause (n) of Section 31 of this Act, the State Government may commute the residue of the term of detention to such term of imprisonment of either description not exceeding such residue as the State Government may direct and may order the transfer of the inmate to any jail in Bihar in order to complete the said term of imprisonment. ### 19. Persons appointed officers to be public servant. - Persons appointed to be officers under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860). ### 20. Special accommodation. - If accommodation in a Borstal Institution is not immediately available for a person ordered to be detained he may be detained in such special ward or other suitable part of a prison as the State Government may by general or special order direct until he can be sent to a Borstal Institution and the period of detention so undergone shall be treated as detention in a Borstal Institution. ### 21. Extramural custody, control and employment of inmates. - An inmate when being taken to or from any Borstal Institution in which he may be lawfully detained or when working outside or being otherwise beyond the limits thereof in or under the lawful custody or control of an officer of such Borstal Institution shall be deemed to be under detention and shall be subject to same incidents as if he were actually in a Borstal Institution. ### 22. Penalty for introduction or removal of prohibited articles. - Whoever, contrary to any rule made under Section 31 introduces or removes, or attempts by any means whatever to introduce or remove, into or from any Borstal Institution or supplies or attempts to supply to any inmate outside the limits of such Institution any prohibited articles, and every officer of a Borstal Institution who contrary to such rule, knowingly suffers any such articles to be introduced into or removed from any Borstal Institution to be possessed by any inmate, or to be supplied to any inmate outside the limits of a Borstal Institution, and whoever, contrary to any such rule, communicates or attempts to communicate with any inmate, and whoever abets the commission of any of the aforesaid acts, shall on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred rupees or to both. ### 23. Power to arrest for offences under Section 22. - When any person in the presence of any officer commits any offence specified in the last foregoing section and refuses on demand of such officer to give his name and address or gives a name or address which such officer knows, or has reason to believe, to be false, such officer may arrest him or cause him to be arrested, and shall without unnecessary delay make him over to police, and thereupon such police officer shall proceed as if the offence had been committed in his presence. ### 24. Publication of penalties. - The Superintendent shall cause to be affixed, in a conspicuous place outside the Borstal Institution a notice setting forth the acts prohibited under Section 22 and the penalties which may be incurred by their commission. ### 25. Superintendent to detain persons duly committed to his custody. - The Superintendent shall receive and detain all persons duly committed to his custody under this Act according to the directions contained in the order by which such person has been committed or until such person is discharged or removed in accordance with law. Explanation. - For the purpose of this section and Sections 26, 27 and 29 the expression "Superintendent" shall include any person who is for the time being in charge of the Borstal Institution. ### 26. Superintendent to return orders, etc., after execution or discharge. - The Superintendent shall forthwith, after the execution of every such order as aforesaid or after the discharge of the person committed thereby, return such order to the Magistrate or the Sessions Judge or Court by which the same was issued or made, together with a certificate endorsed thereon and signed by him showing how the same has been executed or why the person committed thereby has been discharged from detention before the execution thereof. ### 27. Power of Superintendent to give effect to order of certain courts. - The Superintendent shall give effect to any order for the detention of any person passed or issued by any court or tribunal in any part of India. ### 28. Warrant of officers of certain courts to be sufficient authority. - An order under the official signature of an officer of such court or tribunal as is referred to in Section 27 shall be sufficient authority for detaining any person in pursuance of the order passed upon him. ### 29. Procedure where Superintendent doubts the legality of order sent to him for execution. (1) Where the Superintendent doubts the legality of order sent to him for execution or the competency of the person whose official seal or signature is affixed thereto to pass the order, he shall refer the matter to the State Government by whose order on the case he and all other public officers shall be guided as to the future disposal of the inmates. (2) Pending a reference under sub-section (1), the inmate shall be detained in accordance with the directions specified in the order of detention. ### 30. Lunatic inmate, how to be dealt with. (1) Where it appears to the State Government that an inmate of a Borstal Institution is of unsound mind, the State Government may order him to be removed to a mental hospital or other place of safe custody within the State, there to be kept and treated during the remainder of the term for which he has been ordered to be detained, and if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the inmate or others that he should be further detained under medical care or treatment, then he shall be so detained until he is discharged according to law. (2) Where it appears to the State Government that an inmate so kept and treated has become of sound mind, the State Government shall, by a warrant directed to the person having charge of the inmate, remand him, if still liable to be detained, to the Borstal Institution from which he was removed, or to another Borstal Institution within the State, or order him to be discharged on a certificate or otherwise, or if he is no longer liable to be detained, order him to be discharged. (3) The provisions of Section 31 of the Indian Lunacy Act, 1912 (IV of 1912) shall apply to every person confined in a mental hospital under sub-section (1) after the expiration of the term for which he was ordered to be detained and the time during which an inmate is confined in a mental hospital under that sub-section shall be reckoned as part of the term of detention which he may have been ordered to undergo. (4) In any case in which a State Government is competent under sub-section (1) to order the removal of an inmate to a mental hospital or other place of safe custody within the State, the State Government may order his removal to any such hospital or place within any other State by agreement with the Government of such other State and the provisions of this section respecting the custody, detention, remand and discharge of an inmate removed under sub-section (1) shall, so far as they can be made applicable, apply to an inmate removed under this sub-section. ### 31. Power to make rules. (1) The State Government may after previous publication make rules consistent with this Act- (a) for the regulation, management and classification of Borstal Institutions established under this Act and the description and construction of wards, cells and other places of detention; (b) for the regulation by number or otherwise of the inmates to be detained in each class of institution; (c) for defining the powers and duties of the Director of Borstal Institutions; (d) for the government of Borstal Institutions, and the appointment, conditions of service, guidance, control, punishment & dismissal of Superintendents and other officers employed in Borstal Institutions, and for the defining of their responsibilities, duties, disabilities and power; (e) for the maintenance of records and the preparation and submission of reports; (f) for the selection and appointment of inmates as inmate officers and their reduction and dismissal and for defining the responsibilities, duties and powers of such officers; (g) for the temporary detention of inmates until arrangement can be made for their admission to a Borstal Institution; (h) for the admission, removal and discharge of inmates, and for the disposal of their effects during their detention; (i) for feeding, clothing and bedding of inmates; (j) for the custody, discipline, grading, treatment, education, training and control of inmates; (k) for the employment, instruction and control of inmates within or without Borstal Institutions and the disposal of the proceeds of their labour; (l) for the treatment of sick inmates; (m) for classifying and prescribing the form of education, instruction, employment and labour and regulating the periods of rest; (n) (i) for defining the acts which shall constitute Borstal Institution offences; (ii) for determining the classification of Borstal Institution offences into major and minor offences; (iii) for fixing the punishments admissible under this Act which shall be awardable for the commission of the various Borstal Institution offences or the classes thereof; (iv) for declaring the circumstances in which acts constituting both a Borstal Institution offence and an offence under Indian Penal Code, 1860 (XLV of 1860) may or may not be dealt with as Borstal Institution offence; (v) for the award of marks and the shortening of periods of detention; (vi) for regulating the use of arms against any inmate or body of inmates and the use of fetters in the case of an outbreak or attempt to escape; (vii) for defining the circumstances and regulating the conditions under which inmates in danger of death may be released; and (viii) for regulating the transfer from one part of India to another of inmates whose term of detention is about to expire; (o) for defining articles the introduction or removal of which into or out of Borstal Institutions without due authority is prohibited; (p) for the classification and the separation of inmates; (q) for rewards for good conduct; (r) for regulating the transfer of inmates from one Borstal Institution to another or to a hospital and from a Borstal Institution to a prison or from a prison to a Borstal Institution; (s) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in Borstal Institutions; (t) for regulating the transmission of appeals and petitions from inmates and their communications with their friends; (u) for the appointment and guidance of visitors of Borstal Institutions; (v) for prescribing conditions on which certificate may be granted, suspended, revoked, or cancelled; (w) for the appointment, powers and control of servants of the Government referred to in Section 13; (x) for defining the powers and duties of after-care societies and guardians and the conditions on which financial assistance may be given to them; (y) for the appointment of visiting committees; and (z) generally for the purpose of carrying out the provisions of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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International Treaty - Act ---------------------------- Treaty on Extradition Between the Republic of India and the Republic of Belarus --------------------------------------------------------------------------------- TREATY India Treaty on Extradition Between the Republic of India and the Republic of Belarus ================================================================================= Rule TREATY-ON-EXTRADITION-BETWEEN-THE-REPUBLIC-OF-INDIA-AND-THE-REPUBLIC-OF-BELARUS of 2008 ---------------------------------------------------------------------------------------------- * Published on 19 August 2008 * Commenced on 19 August 2008 Treaty on Extradition Between the Republic of India and the Republic of Belarus Published vide Notification No. G.S.R. 602(E) , 19th August, 2008 Ministry of External Affairs G.S.R. 602(E) . - Whereas the Extradition Treaty between the Republic of India and the Republic of Belarus was signed at New Delhi on 16th April, 2007; and the exchange of the Instrument of Ratification of the Treaty took place at Minsk on 17th April, 2008 and has entered into force from 17th April, 2008 in terms of Article 21, and which Treaty provides as follows : The Republic of India and the Republic of Belarus, hereinafter referred to as the 'Parties'; Desirous of making more effective the corporation of the two countries in the suppression of crime by making further provision for the reciprocal extradition offenders; Recognising that concrete steps are necessary to combat crime including terrorism; Have agreed as follows : Article 1 Duty to Extradite The Parties agree to extradite to each other, pursuant to the provisions of this Treaty, any person, who is accused or charged with or convicted of any extraditable offence, by the competent authorities of the Requesting Party, whether such offence was committed before or after the entry into force of this Treaty, as well as if it is committed in a third State by a national of the Requesting Party and the Requesting Party bases its jurisdiction on the nationality of the offender. Article 2 Competent Authority The competent authority for the Republic of India shall be the Ministry of External Affairs and for the Republic of Belarus shall be the Prosecutor's Office. Article 3 Extradition Offences ### 1. An extradition offence for the purposes of this Treat is constituted by conduct, which under the laws of each Party is punishable by a term of imprisonment for a period of at least one year. ### 2. A person who has been convicted of an extradition offence may be extradited if he was sentenced to imprisonment or other form of detention for a period of six months or more. ### 3. An offence may be an extradition offence notwithstanding that it relates to taxation or revenue or is one of purely fiscal character. Article 4 Composite Offences Extradition shall be available in accordance with this Treaty for an extradition offence, notwithstanding that the conduct of the person sought occurred wholly or in part in the Requested Party, if this conduct and its effects, or its intended effects, taken as a whole, would be regarded as constituting the commission of an extradition offence under the laws of both the Contracting Parties. Article 5 The Political Offence Exception ### 1. Extradition may be refused if the offence of which it is requested is an offence of a political character. ### 2. For the purpose of this Treaty the following offences shall not be regarded as offences of a political character: (a) offences provided under international treaties/conventions to which both countries are parties; (b) murder; (c) manslaughter or culpable homicide; (d) assault occasioning actual bodily harm, or causing injury, maliciously wounding or inflicting grievous bodily harm whether by means of a weapon, a dangerous substance or otherwise; (e) the causing of an explosion likely to endanger life or cause serious damage to property; (f) the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property; (g) the possession of a firearm or ammunition by a person who intends either himself or through another persons to endanger life; (h) the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person; (i) damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered; (j) kidnapping, abduction, false imprisonment or unlawful detention, including the taking of a hostage; (k) incitement to murder; (l) any other offence related to terrorism which at the time of the request is, under the law of the Requested Party, not to be regarded as an offence of a political character; (m) an attempt or conspiracy to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence. Article 6 Grounds for Refusal of Extradition ### 1. A person may not be extradited it: (a) he is a national/citizen of the Requested Party; (b) according to the legislation of the Requested Party, the person sought to be extradited has become immune from the criminal prosecution or carrying out of a sentence by reason of lapse of time; (c) the accusation against him not having been made in good faith in the interests of justice; (d) the offence of which he is accused or convicted is a military offence which is not also an offence under the general criminal law; (e) the grant of extradition is contrary to the laws of the Requested Party. ### 2. A person may not be extradited if he would, if proceeded against in the territory of the Requested Party for the offence for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested Party relating to previous acquittal or conviction. ### 3. The request for extradition may be refused by the Requested Party if the person whose extradition is sought may be tried for the extradition offence in the courts of the Requested Party. Article 7 Obligation to prosecute ### 1. Where the Requested Party refuses a request for extradition for the reason set out in paragraph 3 of Article 6 of this Treaty, it shall submit the case to its competent authorities for prosecution. ### 2. If the competent authorities decide not to prosecute in such a case, the request for extradition shall be reconsidered in accordance with this Treaty. Article 8 Consequences of non-extradition of own citizens If according to paragraph 1(a) of Article 6 of this Treaty, extradition is refused, the Requested Party shall initiate criminal prosecution against such person for the same offence according to its laws. For this the Requesting Party shall transfer to the Requested Party the relevant documents and evidence. Article 9 Postponement of extradition and temporary extradition ### 1. If the person sought to be extradited is being prosecuted or serving his sentence for another offence in the territory of the Requested Party, the extradition may be postponed till the completion of proceedings, completion of sentence or his release, which shall be advised to the Requesting Party. ### 2. If the postponement of extradition may cause lapse of time or impede the investigation, the person can be temporarily extradited at the request of the Requesting Party. ### 3. The temporarily extradited person must be returned to the Requested Party immediately after the end of the proceedings of the case. Article 10 Extradition Procedures ### 1. The request for extradition under this Treaty shall be made in writing through the diplomatic channels or the competent authorities. ### 2. The request shall be accompanied by : (a) as accurate a description as possible of the person sought, together with any other information which would help to establish his identity, nationality and residence; (b) a statement of the facts of the offence for which extradition is requested including information about the nature and size of damage caused by the offence for which extradition is requested; and (c) the text, if any, of the law : (i) defining that offence; and (ii) prescribing the punishment for that offence. ### 3. If the request relates to an accused person, it must also be accompanied by a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the Requesting Party and by such evidence as, according to the law of the Requested Party, would justify his committal for trial if the offence had been committed in the territory of the Requested Party, including evidence that the person requested is the person to whom the warrant of arrest refers. ### 4. If the request relates to a person already convicted and sentenced, it shall also be accompanied: (a) by a certificate of the conviction and sentence; (b) by a statement that the person is not entitled to question the conviction or sentence and showing how much of the sentence has not been carried out. ### 5. In relation to a convicted person who was not present at his trial, the person shall be treated for the purposes of paragraph 4 of this Article as if he had been accused of the offence of which he was convicted. ### 6. If the Requested Party considers that the evidence that the evidence produced or Information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within such time as the Requested Party shall require. ### 7. Upon receipt of the request for extradition, the Requested Party shall, in accordance with its laws and the provisions of this Treaty, take urgent measures for arrest of the person sought. Article 11 Provisional Arrest ### 1. In urgent cases the person sought may, in accordance with the law of the Requested Party, be provisionally arrested on the application of the competent authorities of the Requesting Party, made either through diplomatic channels or the National Central Bureau of International Criminal Police Organization - INTERPOL. The application shall contain an indication of intention to request the extradition of that person and statement of the existence of a warrant of arrest or a conviction against him, and, if available, his description and such further information, if any, as would be necessary to justify the issue of a warrant of arrest had the offence been committed, or the person sought been convicted, in the territory of the Requested Party. ### 2. The Requested Party shall inform without delay the Requesting Party about such provisional arrest. ### 3. A person arrested upon such an application shall be set at liberty upon the expiration of 60 days from the date of his arrest if request for his extradition shall not have been received. This provision shall not prevent the institution of further proceedings for the extradition of the person sought if a request is subsequently received. Article 12 Rule of Speciality ### 1. The extradited person may not without consent of the Requested Party, be prosecuted or punished in the Requesting Party for the offence other than that for which extradition has been granted and any lesser offence disclosed by the fact proved for the purposes of securing his extradition, nor may such a person, without consent of the Requested Party, be extradited to a third State. ### 2. The consent of the Requested Party is not required if the extradited person : (a) has not left though had the opportunity, the territory of the Requesting Party within 45 days after termination of the criminal prosecution, serving of the sentence or release on any legal ground. Such period shall not be deemed to include the period of time during which the extradited person is unable to leave the territory of the Requesting Party for reason beyond his control; (b) once having left the territory of the Requesting Party, voluntarily returns there ### 3. The provisions of paragraph 1 of this Article shall not apply to offences committed after the return of the person to the Requesting Party or matters arising in relation to such offences. Article 13 Recognition of Documents and Evidence ### 1. The authorities of the Requested Party shall admit in any proceedings for extradition, any evidence and related documents taken on oath or by way of affirmation, any warrant and any certificate of, or judicial document stating the fact of, a conviction, if it is authenticated: (a) (i) in the case of a warrant being signed, or in the case of any original document by being certified, by a judge, magistrate or other competent authority of the Requesting Party; and (ii) either by oath of some witness or by being sealed with the official seal of the appropriate Minister of the Requesting Party; or (b) in such other manner as may be permitted by the law of the Requesting Party. ### 2. The evidence described in paragraph 1 of this Article shall be admissible in extradition proceedings in the Requested Party whether sworn or affirmed in the Requesting Party or in some third Party. ### 3. Documents considered as public in the territory of one Party shall have the evidential force of public documents also in the territory of the other Party. Article 14 Competing Requests If extradition of the same person whether for the same offence or for different offences is requested by a Contracting Party and a third Party with which the Requested Party has an extradition arrangement, the Requested Party shall determine to which Party the person shall be extradited, and shall not be obliged to give preference to the Contracting Party. Article 15 Capital Punishment If under the law of the Requesting Party the person sought is liable to the death penalty for the offence for which his extradition is requested, but the law of the Requested Party does not provide for the death penalty in a similar case, extradition may be refused unless the Requesting Party gives such assurance as the Requested Party considers sufficient that the death penalty will not be carried out. Article 16 Surrender ### 1. If extradition is granted, the Requested Party shall notify the Requesting Party of the time and place of delivery of the extradited person. ### 2. The Requesting Party shall remove the person sought from the territory of the Requested Party within 45 days or such longer period, which may not exceed 60 days. If he is not removed within that period, the Requested Party may refuse to extradite him for the same offence and release the person. Article 17 Surrender of Property ### 1. When a request for extradition is granted, the Requested Party shall, upon request and so far as its law allows, seize and band over to the Requesting Party articles (including sums of money) which may serve as proof or evidence of the offence. ### 2. The articles mentioned in paragraph 1 of this Article shall also be delivered in case the extradition of a person cannot be carried out owing to his death, escape or other reasons. ### 3. If the articles mentioned in paragraph 1 of this Article are needed in the territory of the Requested Party in connection with pending criminal proceedings, their transfer may be postponed till the completion of the proceedings or they shall be handed over on the condition that they will be returned. ### 4. These provisions shall not prejudice the right of the Requested Party or any person other than the person sought. When these rights exist the articles shall be returned to the Requested Party without charge as soon as possible after the end of the proceedings. Article 18 Expenses ### 1. Expenses incurred in the territory of the Requested Party by reason of the request for extradition shall be borne by that Party. ### 2. The expenses incurred by reason of transit of the extradited person shall be borne by the Requesting Party. Article 19 Languages While complying with this Treaty, the Parties shall use their national language attaching the translation in the national language of the other Party or in the English language. Article 20 Obligations under International Convections/Treaties The present Treaty shall not affect the rights and obligations of the Parties arising from International Convections/Treaties to which they are Parties. Article 21 Ratification and Termination ### 1. This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. ### 2. Either Party may terminate this Treaty at any time by given a written notice to the other Party through the diplomatic channel of its intention to terminate the Treaty and the same shall cease to have effect six months after the receipt of the notice by the other Party. In witness whereof, the undersigned being duly authorized, have signed this Treaty. Done at New Delhi on the 16th day of April 2007, in two originals, each in Hindi, Russian and English, all languages being equally authentic. In case of any divergence of interpretation, the English text shall prevail. Now, therefore, in exercise of the powers conferred by sub-section 1 of the Section 3 of the Extradition Act, 1962 (34 of 1962), the Central Government hereby directs that the provisions of the said Act, other than Chapter III, shall apply to the Republic of Belarus from the dated of the publication of this notification.
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State of Rajasthan - Act -------------------------- The Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957 ------------------------------------------------------------------------- RAJASTHAN India The Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957 ========================================================================= Rule THE-FOREST-HUNTING-SHOOTING-FISHING-AND-WATER-POISONING-RULES-1957 of 1957 --------------------------------------------------------------------------------- * Published on 6 September 1957 * Commenced on 6 September 1957 The Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957 Published vide Notification No. F.39(2) Revenu A/54, dated 6.9.1957, Published in Rajasthan Gazette, Part 4-C, dated 26.9.1957 RJ77 In exercise of the powers conferred by Sections 26A, 32 and 76(d) of the Rajasthan Forest Act, 1953 (Act XIII of 1953), the Government of Rajasthan is pleased to make the following rules, viz. ### 1. Short title, extent and commencement. (a) These rules shall be called the Forest (Hunting, Shooting, Fishing and Water poisoning) Rules, 1957. (b) These rules shall apply to the Reserved and Protected Forests of the Pre-Reorganisation State of Rajasthan. (c) These rules shall come into force upon their publication in the Rajasthan Gazette. ### 2. Acts prohibited. - The following acts are prohibited, viz.- (1) Poisoning, dynamiting rivers and their waters. (2) Poisoning the carcasses of animals. Subject to such conditions as may be imposed by the Divisional Forest Officer. and poisoning of carcasses of animals killed by a man-eating carnivora or by wild dogs, in order to destroy them will be permissible. (3) [ (a) Shooting of]. [Substituted vide Notification No D-956/F. 39(2) Rev. A/54, dated 19.3.1959, Published in Rajasthan Gazette, Part 4-C, dated 16.4.1959.] :- (i) any animal, at any time, from [for within fifty years of] [Inserted vide Rajasthan Gazette Part 4-C, dated 17.1.63, p. 814.] a wheeled vehicle, (ii) any animal except, carnivora, at any time, one hour after sun-set and one hour before sun-rise, or (iii) any animal, except, carnivora, at any time, by an artificial light (b) Shooting of carnivora after sun-set without suitable lighting arrangements. (4) Searing of or running with dogs after animals. (5) Watching in the neighbourhood of water or salt lakes between sun-set and sun-rise in order to shoot an animal [.....] [ Deleted by ibid.] resorting to such places. (6) Election of dams, weirs or fixing traps for diversion of streams for the purpose of catching or driving of fish. (7) Setting of snares and traps except with the written permission of the Divisional Forest Officer. (8) Hunting or shooting of animals or fishing except:- (a) by a person holding a permit granted by the Divisional Forest Officer; in accordance with the conditions of such permit; (b) by persons permitted under the orders of Government to hunt or shoot or fish without a permit. (c) by a person authorised by the Divisional Forest Officer to destroy:- (i) man-eating carnivora anywhere; or (ii) habitual cattle killing carnivora doing damage near a habitation or cattle station : [Provided that licences for the destruction of man-eaters and cattle lifting carnivora in the Game Sanctuaries notified as such by the State Government from time to time shall be issued only by the Chief Conservator of Forests in consultation with the Chairman of the State Board for the Preservation of Wild Life : Provided further that in an emergency, the District Magistrate may issue a permit for the destruction of a declared man-eater or and a cattle lifting carnivora in a Game Sanctuary referred to above, but in that case the animal shall be destroyed by a person other than the District Magistrate issuing the licence and intimation of the issue of such a licence shall be sent immediately to the Chief Conservator of Forests, and the Divisional Forest Officer concerned.] [Added. by Notification No. F. 10(5) Rev. A/59, dated 14.6.1960.] [Provided also that the man-eating or cattle-lifting carnivora destroyed under a licence issued under the First Proviso, or a permit issued under the Second Proviso. shall be the property of the person who was authorised to destroy the carnivora]. [Inserted vide Rajasthan Gazette Part 4-C, dated 4.3.1965.] (d) by a person authorised by the Divisional Forest Officer to destroy person and vermins as defined from time to time by the Conservator of the Circle. (9) Using of not of less than 1½" mesh for catching fish in any river or stream or lake; or (10) Netting during the spawning period of the fish. ### 3. Sanctuaries. - The Chief Conservator of Forests, may with the previous sanction of the Government, and by a notification in the Gazette prescribe [......] [Deleted vide Rajasthan Gazette Part 4-C, dated 17.1.63, p. 814.] sanctuaries wherein all hunting, shooting and netting shall be absolutely prohibited and such prohibition shall extend to all persons except those specially exempted by Government. ### 4. Formation of Blocks. - The Chief Conservator of Forests shall divide the Reserved and Protected forests into different shooting blocks and fix the number of any species that may be shot in any one block and restrict shooting so as to prevent the number so fixed being exceeded. These restrictions shall apply to both permit holders and exempted persons but shall not apply to the Rulers of the Covenanting State of Rajasthan and their families in respect of the areas in which they have exclusive shooting rights. ### 5. Permits. - Subject to rule 4 and to the general control of the Conservator of Forests, permises of the following descriptions may be granted by the Divisional Forest Officer for the area in the blocks in his charge, in the forms annexed to these rules, viz:- (a) A permit Form 'A' allowing the permit holder to hunt or shoot any birds or animals and to fish with rod and line. The permit shall include all game birds, ground game and fish. (b) A permit in Form 'B' allowing the holder to fish with rod and line. (c) A permit in Form 'C' allowing the holder to shoot game birds and ground game in the area in which permit in Form 'A' is not in force. Ground game will include the following:- Hares, Porcupines, Hedge-hogs, and Vermines of all kinds. (d) A permit in Form 'D' under Rule 7(c) [Provided that the Chief Conservator of Forests may issue shooting permits for any shooting block and direct the Divisional Forest Officer not to issue permits is respect of that blocks] [Inserted by Notification No. F. 10(34) Rev. A/59, dated 8.2.1960 (Published in Rajasthan Gazette, Part 4-C, dated 14.7.1960)] ### 6. A permit should be granted on the following conditions. - (i) Any person may obtain a permit under these rules either for himself or for his party [.....] [Omitted vide Rajasthan Gazette Part 4-C, dated 17.1.63, p. 814.] but fee shall be paid for each member of the party : [Provided that, before issuing such permit, the Divisional Forest Officer shall satisfy himself that the person applying for permit, or as the case may be, each person constituting his party, holds a suitable weapon for the shoot under proper and valid license.] [Added by Notification No. F. 10(29) Rev. A/59, dated 8.2.1960 (Published in Rajasthan Gazette Part 4-C, dated 14.7.60).] (ii) All permits are personal and non transferable. (iii) Every person to whom a permit has been granted shall, on demand by any Forest or Police Officer or any person authorised in this behalf by the State Government. produce it for inspection. The names of the persons so authorised by the State Government will be notified to the permit holders when the permits are issued. (iv) The permit granted by the Divisional Forest Officer shall be valid only for the shooting block detailed therein provided that wounded game may be pursued in the adjoining areas whether shooting block or not. (v) The permit may be cancelled at any time without assigning any reason by the Conservator of Forests or the Divisional Forest Officer if the circumstances render it advisable. On cancellation of the permit, the permit holder and his party, if any, shall leave the shooting block within the shortest possible time. (vi) The permit holder is personally responsible to see that the members of his party and camp followers and servants observe the forest laws and rules and all the conditions of the permit [and do not engage them in shooting without obtaining a proper permit] [Added. by Notification No. F. 10(29) Rev. A/59, dated 8.2.1960 (Published in Rajasthan Gazette, Part 4-C, dated 14.7.60).] . If the Divisional Forest Officer considers that the permit holder or any member of the party or camp follower or servant of the permit holder has committed wilfully any breach of the rules, laws or conditions of the permit. He may cancel the permit '[and may impose a penalty of Rs.100/- per animal so shot by the member of his party, camp-followers or servants]. The party shall thereupon quit the area with the least possible delay. (vii) The holder of a permit shall encamp only in such camping grounds as are entered in the permit or have been set apart by the Forest authorities or in places subsequently pointed out him by a forest official. (viii) The holder of a permit shall not shoot at nor allow any one with him to shoot at an animal or a bird the shooting of which is not permitted by the terms of the permit. The Divisional Forest Officer when granting a permit may give the holder a special permit to shoot birds and small mammals required by him for the purposes of study of natural history. (ix) The holder of a permit shall not shoot at nor allow any one with him to shoot at more than the number of heads of any species entered in the permit. [In every case of infringement of this condition, the trophy shall be confiscated. in addition to the penalty that may be imposed by the competent authority, in consideration of the merits of each case.] [Added by Notification No. F. 8(2) Rev. A/59, dated 12.8.1959 (Published in Rajasthan Gazette Part 4-C, Supp. No. 34 dated 23.11.61).] (x) The Divisional Forest Officer shall enter in the permits the following:- (a) In the permits in Forms 'A' and 'C' the maximum number of persons entitled to shoot in addition to the permit holder. The permit is valid only for the holder and for the members of his party mentioned in the permit. Ordinarily no fee will be charged for any retainer or servant, but if any of them actually takes part in the shooting, the prescribed fee shall be paid for him. (b) The maximum number of retainers or followers, and beaters, also the number of dogs and other animals which the permit holder is permitted to take. (c) The maximum number of elephants which the permit holder may take into the forest and the quantity of fodder which he may obtain from the forest. The maximum number so entered in the permit shall not be exceeded. (xi) The fee for elephants will be Rs.8/- per elephant per day. (xii) As soon as possible after the date of the expiry of the permit, or after the permit holder has left the area, the Divisional Forest Officer shall give to the permit holder a statement of dues from him under these Rules after deducting such amounts as may have been paid in advance, & the amount shall be paid within one month of the date of expiry of the permit, failing, which it shall be recoverable under Section 82 of the Rajasthan Forest Act, 1953 (Act XIII of 1953) as if. it were an arrear of land revenue. (xiii) On the permit holder vacating the shooting area for which he holds a permit he shall return [within fifteen days of the expiry of the validity of the permit] [Added by Notification No. F. 8(2) Rev. A/59, dated 12.8.1959 (Published in Rajasthan Gazette Part 4-C, Supp. No. 34 dated 23.11.61).] his permit to the Divisional Forest Officer after entering on it the fees due from his under the Rules for elephants and extra guns, the number of species of all animals and birds killed by him and his party, and the dimensions of the heads and skins, the size and weight of fish caught, and other particulars of interest to sportsmen for record in the collection of trophies. (xiiiA) [ If the permit is not returned as provided for in clause (xiii) the Divisional Forest Officer may, after giving a reasonable opportunity to the permit-holder of being heard, impose a penalty not exceeding Rs.50/-] [Inserted vide Rajasthan Gazette, Part 4-C, dated 17.1.1963, p. 814.] (x(xiv) Permits in Forms 'A' and 'C' will be issued for a period of 15 days during the second fortnight of month only, the first fortnight being treated as rest period provided that the permit holder and his party shall observe the close season of birds and animals as entered in the permit. Provided that if any shooting block remained vacant in the Second Fortnight of the previous month permit may be issued for the first fortnight of the following month, in which case no other permit shall be issued for the block for the Second Fortnight of the same month and normal closure will be applied from the first fortnight of the following month. [(xv) The permit holder and his party shall shoot only the edible birds and animals as entered in the permit, and birds of prey and vermin.] (xvi) The permit holder and his party shall not, without the special permission of the Divisional Forest Officer, endorsed on the permit, shoot the females of deer or antelope or male without horns or with horns in velvet. (xvii) Permit in Form 'C' will not be issued for the period from 1st April to 14th September. (xviii) The Conservator of Forests may limit the number or permits in Forms 'A' 'B' and 'C' which may be in force in any shooting block in his Circle at any one time. (xix) A forest official may be appointed to show the permit holder the boundary of the shooting block within which he has been permitted to shoot and to accompany the party if deemed advisable by the Divisional Forest Officer. ### 7. Fees of the Permit. - The following fees shall be paid in advance for permits:- In Form 'A' (i) [ for 14 days or less by] [Substituted vide Rajasthan Gazette, Part, dated 26.5.1966.] :- | | | | | --- | --- | --- | | (a) | Indian citizen or Heads of foreign diplomatic corps in India. | Rs. 50/- per gun for original holder and Rs.10 per extra gun. | | (b) | Foreign tourists payable by a Shikar agency or Ex-Ruler. | Rs.500/- per gun | | (c) | Other foreigners. | Rs.200/- per gun | Provided that a professional Shikar agency inviting for foreign tourists may be given a permit for one block in any one division for a period of three years on payment of a fee of Rs.500/- per block per year. (ii) For the whole excepting close season. Rs.200/- per Gun. Additional fees at the rate given below shall be paid in advance for all the animals desired to be shot under the penult. This amount will remain as deposit and will be either adjusted or refunded on receipt of the permit. | | | | --- | --- | | For each tiger shot. | Rs.150/- | | For each panther or leopard shot. | Rs.35/- | | For each bear shot | Rs.50/- | | For each Sambhar shot. | Rs.50/- | | For each Chita shot. | Rs.30/- | | For each pig shot. | Rs.30/- | | For each Nilgai shot. | Rs.30/- | In Form 'B' | | | | | --- | --- | --- | | (i) | for one month | Rs.1/- per rod line | | (ii) | for whole year | Rs.10/- per rod line. | In form 'C' | | | | | --- | --- | --- | | (i) | For a period not exceeding 15 days. | Rs.10/- per permit | | (ii) | Annual permit | Rs.50/- per permit : | (b) The fees for permits once paid shall not be refunded (c) A comprehensive permit in Form 'D' for a period of 15 days may be issued to foreigners on payment of Rs.150/- per permit. Under this permit the permit holder shall be entitled to shoot all big game, including tiger, panther, leopard and bear. grounds game and game birds, but shall observe the current close periods. ### 8. Application for a permit. - Applications for shooting permit shall be decided by drawing lots and the applicants will be informed of the date, time and place of the draw. For the purpose of draw no application shall be valid if received earlier than 1 month and later than 7 days of the day on which the period for which the permit is required begins. ### 9. Register of applications. - A register shall be maintained in the office of each Divisional Forest Officer showing for each class of permit:- (a) the name of the shooting block for which the application is being made; (b) the date of application; (c) the date of receipt of application: (d) orders passed, and (e) the date of the orders. ### 10. [ Limit of big Game. - Subject to the modifications recommended by the State Wild Life Preservation any general permit holder per gun per season shall be as follows namely:] [Substituted vide Rajasthan Gazette Part 4-C, dated 17.1.1963, p. 814.] - | | | | --- | --- | | Tigers | Two | | Panthers or Leopards | Two | | Sloth Bear | One | | Pigs | Two | | Deer | One of each kind, excepting the protected species. | | Antelope | One of each kind, excepting the protected species. | | Nilgai | Two | ### 11. Exempted persons. - [The State Government may exempt any person or class of persons from the payment of fees for the permit, but in case of such person or persons being accompanied by a person or persons not exempted by the State Government payment of the prescribed fee shall be made for each such person.] [Added. by Notification No. F. 10(29) Rev. A/59. dated 8.12.1960 (Published in Rajasthan Gazette Part 4-C. Ordinary dated 14.7.60).] ### 12. Exempted persons to furnish returns. - Exempted persons shall also furnish returns as are furnished by a permit holder to the Divisional Forest Officer, shooting area on the last day of every month, so that a record of all species of birds and animals killed by them may be kept. ### 13. Special permits. - Subject to the general control of the Chief Conservator of Forests, permit for netting and trapping wild birds and animals may be granted by the Divisional Forest Officer for any of the following purposes:- (a) Research. (b) Collection of specimens for zoological gardens and other educational institutions. (c) To holders of licences for trading in wild birds and animals as domestic pets. Form 'A' (Permit for Hunting, Shooting and Fishing with rod and line vide Rule 5 of the Rajasthan Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957. Permit No........ Dated...... date of..... 200.... Subject to the provisions of the Rajasthan Forest Act, 1953 and the Rules made thereunder and in consideration of the payment of...... as fees, permission is hereby granted to Shri ....... of ..... extra guns ..... followers ..... beaters....... dogs ...... other animals, and ...... Elephants ...... to hunt, shoot and fish with rod and line within Shooting Block of the ........Range of the ....... for a period of 15 days from ...... The maximum number of the following species allowed to be shot under this permit is as follows :- | | | | | --- | --- | --- | | Sl. No. | Species | No. | | 1 | | | | 2 | | | | 3 | | | The permit holder shall camp at ......... and return the permit to ......... after completing the return as per Condition No. ......... Specimen signature of the permit holder. Signature of the Divisional Forest Officer (Return form to be filled in by permit holder) | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | No. of elephant | No. of extra guns | Species | No. Shot | Place & Date of shooting | Size of trophy | Amount due | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | I hereby declare that the information shown above is correct and that no other game was killed by me or any party during the period of the permit. Date ......... Permit holder's signature Note. - Any Forest Officer not below the rank of a Forest Guard may inspect this permit. Form 'B' (Permit for fishing with Rod and Line vide Rule 5, of the Rajasthan Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957) Licence No. ......... Dated the ......... day of 200... Subject to the provisions of the Rajasthan Forest Act, 1953 and the rules made thereunder and in consideration of the payment of as fee, permission is hereby granted to Shri ......... of ......... to fish with one rod and line in the rivers and streams within the reserved and protected forests of .........Range of the ......... Division for the period of ......... from the ......... to ......... Specimen Signature of the permit holder Signature of Divisional Forest Officer Form 'C' (Permit for shooting Game Birds and Ground Game vide Rule 5 of the Rajasthan Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957 Licence No. ......... Dated the ......... day of 200... Subject to the provisions of the Rajasthan Forest Act, 1953 and the rules made thereunder and in consideration of the payment of ......... as fees, permission is hereby granted to Shri ......... with extra guns ......... followers ......... beaters, ......... dogs ......... others animals to hunt and shoot game birds and ground game within .......... reserved of protected forests of .......... Range of ............ the Division for the period of ....... from the ....... to the ........ This does not entitled the permit holder to hunt or shoot in a shooting block for which permit in Form 'A' has been issued. The permit is to be returned to .........with a list of birds and ground game shot. Specimen Signature of the Permit Holder. Signature of the Divisional Forest Officer Note. - Any Forest Officer not below the rank of a Forest Guard may inspect this permit. Form 'D' (A comprehensive permit for foreigners, vide R.5 of the Rajasthan Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules, 1957 Licence No. ...... Dated the ....... day of ....... 200... Subject to the provisions of the Rajasthan Forest Act, 1953 and the rules made thereunder and in consideration of the payment of Rs as fees, permission is hereby granted to .......of ........ with ........ extra guns ........ followers ......... beaters, ......... dogs ...... others animals and ....... elephants to hunt, shoot all big game including tiger, panther, leopard, and bear and ground game and game birds and fish with rod and line within ........ shooting block of the ......... Range of the ......... Division for a period of 15 days from the .......... to ............ The maximum number of the following species allowed to be shot under this permit is as follows:- | | | | | --- | --- | --- | | Big game | Species | No. | The permit holder shall campt at .........and return the permit to .........after completing the return as per condition No ........... Specimen Signature of the Permit Holder. Signature of the Divisional Forest Officer. (Return form to be filled in by permit holder) | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | No. of elephant | No. of extra guns | Species | No. Shot | Place & Date of shooting | Size of trophy | Amount due | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | I hereby declare that the information shown above is correct and that no other game was killed by me or any party during the period of the permit. Date . Note :— Any Forest Officer not below the rank of a Forest Guard may inspect this permit. Permit holder's signature Form 'E' (Special permit for netting, trapping and collection of Zoological specimens side Rule 13 of the Rajasthan Forest (Hunting, Shooting, Fishing and Water Poisoning) Rules. 1957) Permit No. .......... Dated the ......... Day of......200.... Subject to the provisions of the Rajasthan Forest Act, 1953 and rules made thereunder, and in consideration of the payment of ...... as fees, special permission is hereby granted to Shri .......... of ........to net and trap wild birds and animals and to collect eggs of birds for :- (a) Research. (b) Collection of specimen for Zoological gardens or museums or educational institutions. (c) Trading in Wild Birds and animals as domestic pets within reserved or protected forest of the ......... Range of the ........ Division for ....... days ....... from the to The maximum number of the following species allowed to be netted or trapped under this permit as follows:- S. No. ......... Species .......... No. .......... The permit shall be returned .......... to after completing the return: Specimen Signature of the Permit Holder. Signature of the Divisional Forest Officer. (Return to be filled in by Permit Holder) | | | | | | | --- | --- | --- | --- | --- | | Species | Natted or trapped on date | Place | Size | Amount due | | 1 | 2 | 3 | 4 | 5 | I hereby declare that the information showing above is correct and that no other animal or bird or fish was trapped or netted by me during the period of the permit. Dated ............. Permit Holder's signature. Note :—Any Forest Officer not below the rank of a Forest Guard may inspect this permit. Conditions under which this permit is issued (i) Any person may obtain a permit under these rules either for himself or for his party, which shall not consist of more than 3 members but shall be paid for each member of the party. (ii) All permits are personal and non-transferable. (iii) Every person whom a permit has been granted shall, on demand by any ForeSt or Police Officer or any person authorised in this behalf by the State Government, produce it for inspection. The names of the persons so authorised by the State Government will be notified to the permit holders when the permits are issued. (iv) The permit granted by the Divisional Forest Officer shall be valid only or the shooting block detailed therein provided that wounded game may be pursued in the adjoining areas whether shooting block or not. (v) The permit may be cancelled at any time without assigning any reason by the Conservator of Forests, or the Divisional Forest Officer if the circumstances render it advisable. On cancellation of the permit, the permit holder and his party, if any, shall leave the shooting block within the shortest possible time. (vi) The permit holder is personally responsible to see that the members of his party and camp followers and servants observe the forest laws and rules considers that the permit holders or any member of the party or camp follower or servant of the permit holder has committed wilfully any breach of the rules, laws or conditions of the permit, he may cancel the permit. The party shall thereupon quit the area with the least possible delay. (vii) The holder of a permit shall encamp only in such camping grounds as are entered in the permit or have been set apart by the Forest authorities or in places subsequently pointed out to him by a forest official. (viii) The holder of a permit shall not shoot at nor allow any one with him to shoot at an animal or a bird the shooting on which is not permitted by the .terms of the permit. The Divisional Forest Officer when granting a permit may give the holder a special permit in Form F' to shoot birds and small mammals required by him for the purposes of study of natural history. (ix) The holder of a permit shall not shoot at nor allow any one with him to shoot at more than the number of heads of any species entered in the permit. (x) The fee for elephants will be Rs.3/- per elephant per day. (xi) As soon as possible after the date of the expiry of the permit, after the permit holder has left the area, the Divisional Forest Officer shall give to the permit holder a statement of dues from him under these rules, after deducting such amounts as may have been paid in advance and the amount shall be paid within one month of the date of expiry of the permit, failing which it shall be recoverable under Sec. 82 of the Rajasthan Forest Act, 1953 (Act XIII of 1953) as if it were an arrear of land revenue. (xii) a permit he shall return his permit to the Divisional Forest Officer after entering on it the fee due from him under the Rules for elephants and extra guns the number of species of all animals killed by him and his party, and the dimensions of the heads and the size and weight of fish caught, and other particulars of interest to sportsmen for record in the collection of trophies. (xiii) Permits in Forms 'A' and will be issued for a period of 15 days during the second fortnight of the month only, the first fortnight being treated as rest period provided that the permit holder and his party shall observe the close season of birds and animals are entered in the Schedule under Section 4 of the Rajasthan Wild Animals and Birds Protection Act, 1951. (xiv) The permit holder and his party shall shoot, only the edible birds and animals as entered in the permit, and birds of prey and vermins. (xv) The permit holder and his party shall not, without the special permission of the Divisional Forest Officer, endorsed on the permit, shoot the females of deer or antelope or male without horns or with horns in valvet. (xvi) The Conservator of Forests may limit the number of permits in Forms 'A' and 'C' which may be in force in any shooting block in his Circle at any one time. (xvii) Permit in Form 'C' will not be issued for the period from 1st April to 14th September. (xviii) A forest official may be appointed to show the permit holder the boundary of the shooting block within which he has been permitted to shoot and to accompany the party if deemed advisable by the Divisional Forest Officer. (xix) The fees for permits once paid shall not be refunded. [Added by Notification No. F. 8(2) Rev. A/59, dated 12.8.1959 (Published in Rajasthan Gazette Part 4-C. Supp. No. 34 dated 23.11.61).]
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State of Madhya Pradesh - Act ------------------------------- Madhya Pradesh Bhu-rajswa Sanhita (Sambhagaon, Jilon, Upkhandon Tatha Tahsilon Ke Pariwartan, Srijan Tatha Samapti) Niyam, 2018 --------------------------------------------------------------------------------------------------------------------------------- MADHYA PRADESH India Madhya Pradesh Bhu-rajswa Sanhita (Sambhagaon, Jilon, Upkhandon Tatha Tahsilon Ke Pariwartan, Srijan Tatha Samapti) Niyam, 2018 ================================================================================================================================= Rule MADHYA-PRADESH-BHU-RAJSWA-SANHITA-SAMBHAGAON-JILON-UPKHANDON-TATHA-TAHSILON-KE-PARIWARTAN-SRIJAN-TATHA-SAMAPTI-NIYAM-2018 of 2018 ---------------------------------------------------------------------------------------------------------------------------------------- * Published on 28 September 2018 * Commenced on 28 September 2018 Madhya Pradesh Bhu-rajswa Sanhita (Sambhagaon, Jilon, Upkhandon Tatha Tahsilon Ke Pariwartan, Srijan Tatha Samapti) Niyam, 2018 Published vide Notification No. F-2-11/ 2018/VII/Se.6, dated 28.09.2018 Last Updated 8th February, 2020 No.F-2-11/ 2018/VII/Se.6 - In exercise of the powers conferred by subsection (2) of section 13 read with section 258 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and in supersession of this department's Notification No.174-6477-VII-N (Rules) dated 6th January, 1960 published in the Madhya Pradesh Gazette, dated 22nd January, 1960 and all rules previously made on the subject, the State Government, hereby, makes the following rules, the same having been previously published in the Madhya Pradesh Gazette as required by sub-section (3) of section 258 of the said Code, namely :- ### 1. Short title and commencement. (1) These rules may be called The Madhya Pradesh Bhu-rajswa Sanhita (Sambhagaon, Jilon, Upkhandon Tatha Tahsilon Ke Pariwartan, Srijan Tatha Samapti) Niyam, 2018. (2) They shall come into force from the date of commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2018 ( No. 13 of 2018 ) that is 25th September, 2018. ### 2. Any proposal to alter the limits of any division or district or sub- division or to create a new or abolish an existing division or district or sub-division shall be published in Form-I and any proposal to alter the limits of any tehsil or to create a new or abolish an existing tehsil shall be published in Form-II appended to these rules. ### 3. In case of creation of a new tehsil or alteration of the limits of any tehsil the whole area of a Gram Panchayat shall be kept in one tehsil. ### 4. The notice shall be published in the Madhya Pradesh Gazette and in such manner as the State Government may deem fit. ### 5. After expiry of the notice period, the objection or suggestion received (if any) in respect of notice shall be considered by the State Government then the State Government shall create new or abolish existing division or district or sub-division or tehsil or alter the limits of existing division or district or sub-division or tehsil, as the case may be. Form- I (See rule 2) | | | | | | | | --- | --- | --- | --- | --- | --- | | S. No. | Proposed division/district /sub-division | Headquarters of-the proposed division/ district/sub- division | Limits of the -proposed division/ district/sub- division | Nature of changes | Present division/ district/sub- division | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | North- East- South- West- | | | Reasons for proposed changes .............................. ............................. Form- II (See rule 2) | | | | | | | | --- | --- | --- | --- | --- | --- | | S. No. | Proposed tehsil | Headquarter of the proposed tehsil | Limits of the proposed tehsil | Nature of changes (Name of Village included in the proposed tehsil) | Present tehsil | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | North- | | | | | | | East- | | | | | | | South- | | | | | | | West- | | | Reasons for proposed changes ............................. .............................
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State of Tripura - Act ------------------------ Tripura Police Act, 2007 -------------------------- TRIPURA India Tripura Police Act, 2007 ========================== Act 6 of 2007 --------------- * Published on 7 April 2007 * Commenced on 7 April 2007 Tripura Police Act, 2007 (Tripura Act No. 6 of 2007) Last Updated 10th June, 2020 [Dated 7.4.2007.] An Act (i) to redefine the role, duties and responsibilities of the police service in the context of the emerging challenges of policing and security of the State, the imperatives of good governance, and respect for human rights, (ii) to make the police personnel professionally organized, service oriented, free from extraneous influences and accountable to law, and (iii) to empower the police to enable it to function as an impartial, efficient, effective, people friendly and responsive agency in order to enable it carry out the constitutional objectives of protection of civil, political, social and economic rights of the citizens as provided therein. Be it enacted by the Tripura Legislative Assembly in the Fifty-eight 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 Police Act 2007. (2) It extends to the whole of the State of Tripura. (3) It shall come in force at once. ### 2. Definitions. - 1. In this Act, unless the context otherwise requires:- (a) 'Act' means the Tripura Police Act 2007. (b) Headquarters Company means a unit performing administrative and other support functions of a State Armed Police Battalion; (c) 'Insurgency' includes waging of armed struggle by a group or a section of population against the State with a political objective including the separation of a part from the territory of India; (d) 'Internal Security' means preservation of sovereignty and integrity of the State from disruptive and anti-national forces from within the State; (e) 'Militant activities' include any violent activity of a group using explosives, inflammable substances, firearms or other lethal weapons or hazardous substance in order to achieve its political objectives; (f) 'Organised crime' includes any crime committed by a group or a network of persons in pursuance of its common intention of unlawful gain by using violent means or threat of violence; (g) 'Place of public amusement and public entertainment' include such places as may be noticed by the State Government; (h) 'Police District' means the territorial area notified under Section 9 of this Act; (i) 'Police Officer' means a member of Tripura Police Service constituted under this Act; (j) 'Prescribed' means prescribed by Rules and Regulations made under this Act; (k) 'Public place' means any place to which the public have access and includes; (i) a public building and monument and precincts thereof ; and (ii) any place accessible to the public for drawing water, washing or bathing or for purpose of recreation; (l) 'Regulations' mean regulations made under this Act; (m) 'Rules' mean rules made under this Act ; (n) 'Service Companies' mean units of State Armed police Battalions and District Armed Reserve which are deployed for law and order and other duties in support of civil police; (o) 'Service' means the police Service constituted under this Act; (p) 'Subordinate Rank' means all ranks below the rank of Assistant or Deputy Superintendent of Police' (q) 'Terrorist activity' includes any activity of a person or a group of person using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substances of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government established by law; (r) 'Village' means Gram Panchayat and Tripura Tribal Areas Autonomous District Council Village Committee area as defined in the respective Acts; ### 2. Words and expressions used in this Act but not defined specifically shall have the same meaning as provided in the General Clauses Act 1897, the Code of Criminal Procedure 1973, and the Indian Penal Code 1860. Chapter -II Constitution and organization of the State Police Service ### 3. One Police Service. (1) There shall be one Police Service in the State which shall be formally enrolled for the purpose of this Act. It shall comprise the entire police establishment of the State consisting of such number of officers and other police personnel including members of the Indian Police Service, State Police Service and others while serving, for the time being, in the State Police establishment, as the State Government may, by order, determine from time to time. (2) The entire police establishment of the State existing at the commencement of this Act, shall, until such time as the State Government may determine otherwise under sub Section (1), be deemed to be the Police Service enrolled for the purpose of this Act. (3) Every member of the Police Service shall, if required, be liable to serve in any branch of the Service in the State. (4) The State Police Service shall, as far as possible, reflect adequate representation of all sections of the society including gender representation. (5) Every member of the Service shall at all times remain accountable to the law and responsible for protection of the rights of the people and shall observe codes of ethical conduct and integrity as may be prescribed. ### 4. Administration of Police. (1) Subject to the provisions of this Act and general superintendence of the State Government - (i) the administration of police throughout the State shall vest in the Director General of Police and in such Addl.Director General, Inspector General, Deputy Inspector General and Assistant Inspector General, as the State Govt. shall deem fit; (ii) the administration of the police throughout a district shall, under the general control and direction of the Detector General, vest in a district Superintendent of police and such other police officer as the state Govt. may consider necessary; (iii) administration will mean the management of the police Service, subject to law, rules and regulations. ### 5. Appointment of Director General, Addl. Director General, Inspector General, Deputy and Assistant Inspector General. (1) The State Government shall appoint a Director General of Police who shall, without prejudice to his powers in Section 4, exercise such powers, perform such functions and duties as may be prescribed. (2) The State Government may appoint one or more Additional Director General and as many Inspector General, Deputy Inspector General and Assistant Inspector Generals as necessary. (3) The State Government may, by a general or special order and in consultation with the Director General of Police, direct in what manner and to what extent an Addl. Director General, or an Inspector General or a Deputy or Assistant Inspector General of Police shall assist and aid the Director General of police in the performance, exercise and discharge of his functions, powers duties and responsibilities. ### 6. Selection and term of office of the Director General of Police. (1) The State Government shall appoint the Director General of police from amongst three senior most officers of the State Police Service. Provided that the State Government in exceptional case, if considered necessary, may appoint to the post, a police officer, on deputation, from outside the State Police Service, subject to his fulfillment of the criteria laid down in sub-section(2). (2) Selection of the Director General of police shall be done by the State Government considering, inter alia, the following criteria: (a) length of service, fitness of health and standards as prescribed by the State Government; (b) assessment of the performance appraisal reports of the previous fifteen years of service; (c) weight age to award of medals for gallantry, distinguished and meritorious service. (3) The Director General of Police unless superannuating earlier shall normally have a tenure of two years; Provided that the State Government may remove the Director General from the post before the expiry of his tenure by a reasoned order in writing consequent upon; (a) conviction by a court of law for a criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; or (b) punishment or dismissal, removal or compulsory retirement from service or reduction to a lower post; or (c) suspension from service; or (d) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General of Police; or (e) promotion or posting to a higher post under either the State or the Central Government to which the officer gives consent; (f) inefficiency or negligence prima-facie established after a preliminary enquiry. ### 7. Creation of Police Zones and Ranges. (1) The state Government may by notification divide the entire geographical area of the state into one or more police Zones. Each Zone shall be headed by an officer of the rank of Inspector General who shall supervise the police admonition of the zone and report directly to the Director General of police. (2) The State government may by notification create as many Police Range as deemed necessary. Each Range, shall be headed by and officer of the rank of Deputy Inspector General who shall supervise the police administration of the Range and report directly to the Inspector General in charge of the Zone in the Jurisdiction of which the Range falls. ### 8. Police District. - The State Government may, by notification, declare any area within the State to be a Police District. The administration of the police through such district shall vest in the Superintendent of police who may be assisted by as many Additional, Assistant or Deputy Superintendents, as deemed necessary. ### 9. District level special Cells, Sub-Divisions and Circles. (1) For all purpose of dealing with a particular category of crime or providing better service to the community at large including victims of crime, the State Government may, in consultation with the Director General and by notification, create one or more Special Cells in each Police District, to be headed by an officer of the rank of Assistant / Deputy Superintendent of Police (2) The State Government may, by notification, divide each Police District into as many Sub-Divisions as deemed necessary, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police. ### 10. Police Stations. (1) The State Government may, by notification, create as many Police Stations with as many outposts as necessary, in a Police District as deemed necessary, duly keeping in view the population; the area, the crime situation, the work load in terms of law and order and the distance to be traversed by the inhabitants to reach the Police Station. (2) A police station shall be headed by a Station House Officer who may also be known as officer-in-charge not below the rank of Sub-Inspector of Police. (3) Each Police Station shall prominently display all the relevant information required to be made public, as may be required. ### 11. Term of office of key police functionaries. - An officer posted as a Station House Officer in a Police Station or Officer-in-charge of a Sub-Division or as a Superintendent of Police of a District shall normally have a term of two years and a maximum of three years in the post: Provided that the minimum tenure of two years may sooner end consequent upon: (1) promotion to a higher post; or (2) conviction, or charges having been framed, by a court of law in a criminal offence; or (3) punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the relevant Discipline & Appeal Rules; or (4) suspension from service in accordance with the provisions of the said Rules ; or (5) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or (6) retirement (including voluntary retirement) or resignation; or (7) inefficiency or negligence prime facie established after a preliminary enquiry; ### 12. Coordination within the District Administration. (1) For the purpose of efficiency in the general administration of a district, it shall be lawful for the District Magistrate of that district, in addition to the provisions of the Code of Criminal Procedure, 1973 and other relevant laws, to coordinate the functioning of the police with other agencies of the district administration in respect of matters relating to the following: (a) promotion of land reforms and settlement of land disputes; (b) extensive disturbance of the public peace and tranquillity in the district; (c) conduct of elections to any public body; (d) handling of natural calamities and rehabilitation of the persons affected thereby; (e) situations arising out of any external aggression or internal disturbances; (f) any similar matter, not within the purview of any one department and affecting the general welfare of the public of the district; and (g) removal of any persistent public grievance; (2) The District Magistrate may call for a report regarding the steps taken by the Police or other agency to deal with the situation and give such directions in respect of the matter as are considered necessary by him (District Magistrate) to the Police and the concerned agency. ### 13. State Intelligence and Criminal Investigation Departments. (1) The State police organistion shall have a State Intelligence Department for collection, collation, analysis and dissemination of intelligence, and a Criminal Investigation Department for investigating inter-state, inter-district crimes and other specified offences, in accordance with the provisions of Chapter VII of this Act. (2) The State Government shall appoint a police officer of or above the rank of Deputy Inspector General of Police to head each of or both the aforesaid department. (3) The Criminal Investigation Department may, have specialized wings to deal with different types of crime requiring focused attention or special expertise for investigation. Each or more than one of these wings shall be headed by an officer not below the rank of a Superintendent of Police. (4) The State Intelligence Department may have specialized wings, to deal with and coordinate specialized tasks such as measures for counter terrorism, counter militancy and VIP Security. (5) The State Government may make available required number of officers from different ranks to serve in the Criminal Investigation Department, and the State Intelligence Department, as deemed appropriate with due regard to the volume and variety of tasks to be handled. ### 14. Technical and Support Services. (1) The State Government shall create and maintain such ancillary technical agencies and services, under the overall control of the Director General of Police, as considered necessary or expedient for promoting efficiency of the Police Service. (2) The State Government shall take measures to encourage and promote the use of science and technology in all aspects of policing. ### 15. Organisation of research. - The State Government may set up such bodies and take up such other steps as considered necessary or expedient for the purpose of undertaking research into matters relating to the efficiency of the police service. ### 16. Oath or affirmation by police personnel. - Every member of the police service enrolled under this Act shall, on appointment and completion of training, make and subscribe before the respective Superintendent of Police or such officer appointed in that behalf by the Director General of Police an oath or affirmation, in such form or may be prescribed. ### 17. Certificate of appointment. (1) Every police officer of or below the rank of Inspector shall on appointment receive a certificate in the form annexed to the Act. The certificate shall be issued under the seal of the Director General or such officer as the Director General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer. (2) Such certificate shall cease to have effect whenever the person named in it cease for any reason, to be a police officer, and on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same. (3) A Police Officer shall not, by reason of being suspended from office, cease to be a police officer. During the term of such suspension the powers, functions and privileges vested on him as a police officer shall be in abeyance, but he shall continue to be subject to the same responsibilities ,discipline and penalties and to the same authorities as if he had not been suspended. ### 18. Special Police Officers. (1) When the police force ordinarily employed in any area is not sufficient to deal with a situation threatening peace and security the Superintendent of Police or any officer, specially empowered in this behalf by State Government, in charge of that area may, at any time by a written order issued under the hand and seal of such officer, appoint, for a period as specified in the appointment order, any able-bodied and willing person between the age of 18 and 40 years, whom he considers fit to be a Special Police Officer to assist the Police Service. (2) Every Special Officer so appointed shall- (a) on appointment, undergo prescribed training and thereafter receive a certificate in a form approved by the State Government in this behalf; and (b) shall have the same powers, privileges and protection and be liable to perform same duties and amenable to the same penalties and be subordinates to the same authorities, as an ordinary police officer. ### 19. Additional Police force deployed at the cost of applicant. (1) Additional police comprising officers of such ranks or grades may be appointed or deputed for the purpose prescribed by the State Government for such time and on such pay as the authority prescribed in that behalf may determine. (2) Every Additional Police Officer upon such appointment, shall: (a) receive a certificate in a form approved by the State Government in this behalf; (b) be vested with all or such of the powers,privileges,duties and immunities of a police officer as are specially mentioned in the certificate ; and (c) be subject to the orders of the Superintendent of Police. (3) the deployment or deputation of such Additional Police Officer may be made at the request of any person requiring such police, and the cost of such deployment shall be recovered in such manner as is prescribed under this Act or any other law for the time being in force. Chapter -III Superintendence and Administration of Police ### 20. State Police Board. - The State Government shall, within six months of the coming into force of this Act, constitute a State Police Board to perform the functions assigned to it under the provisions of this Chapter. ### 21. Composition of the Board. (1) The State Police Board shall have as its members: (a) the Home Minister as its Chairperson; (b) a retired High Court Judge ; (c) the Chief Secretary; (d) the Secretary in charge of the Home Department; (e) the Director General of Police as its Member-Secretary; and (f) two independent members who shall be non-political persons of proven reputation and integrity to be appointed by the State Government. (2) No serving government employee shall be appointed as an independent Member. (3) Any vacancy in the State Police Board shall be filled up as soon as practicable, but not later than three months after the seat has fallen vacant. ### 22. Grounds of ineligibility for Independent Members. - No person shall be appointed as an Independent Member of the State Police Board if he- (1) is no a citizen of India ; or (2) has been convicted by a court of law or against whom charges of criminal offence have been framed in a court of law ; or (3) has been dismissed or removed from service or compulsorily retired on the grounds of corruption or misconduct ; or (4) holds an elected office, including that of Member of parliament or State Legislature or a local body, or is an office-bearer of any political party or any organization directly connected with a political party ; or (5) is of unsound mind. ### 23. Term of office of Independent Members. - A person shall be appointed as an Independent Member for a period of three year. Provided that a person shall not be eligible to be appointed as an independent member for more than two terms. ### 24. Removal of Independent Members. - An Independent Member may be removed from the State Police Board by majority of members of the Board by resolution in writing on any of the following grounds: (1) proven incompetence ;or (2) proven misbehaviour ; or (3) failure to attend three consecutive meetings of the State Police Board without sufficient cause ; or (4) incapacitation by reasons of physical or mental infirmity or otherwise becoming unable to discharge his functions as a member; or (5) attaining ineligibility specified under sections 22. ### 25. Functions of the State Police Board. (1) The State Police Board shall perform the following functions: (a) frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing ; (b) identity performance indicators to evaluate the functioning of the police force.These indicators shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vis-a-vis police investigation and response, accountability, optimum utilisation of resource, and observance of human rights standards; and (c) review and evaluate organizational performance of the Police service in the State as a whole as well in the districts against (i) the Annual Plan (ii) performance indicators as identified and laid down, and (iii) resources available with and constraints of the Police. (d) examine complaints received from members of the Police Establishment Committee about being subjected to illegal orders and make appropriate recommendations. ### 26. Expenses of the State Police Board. (1) Non-official members would be entitled to such remuneration or allowances as may be notified by the State Government from time to time. (2) The expenses on account of remuneration, allowances and travel of independent members in connection with official business of the State Police Board, shall be borne by the State Government. ### 27. Police Establishment Committee. (1) The State Government shall constitute a Police Establishment Committee (hereinafter referred to as the 'Establishment Committee') with the Director General of Police as its Chairperson and four other senior-most officers within the police organization of the State as members. (2) The Establishment Committee shall examine complaints from police officers about being subjected to illegal orders and make appropriate recommendation to the competent authority for necessary action. Provided that if the matter under report involves any officer of or above the ranks of the members of the Establishment Committee, it shall forward such report to the State Police Board for further action. (3) The Establishment Committee shall recommend names of suitable officers to the State Government for posting to all the positions in the ranks of Assistant/Deputy Superintendents and above in the police organization of the State, excluding the Director General of Police, and the State Government may take such action as deemed appropriate in respect of such recommendations. Provided that the State Government may suo-moto make such transfers and postings as deemed appropriate to meet any contingency. Chapter-IV Role, Functions, Duties and Responsibilities of the Police ### 28. Role, functions and duties of the police. - The role and functions of the police shall broadly be: (a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights and dignity of the member of the public; (b) to promote and preserve public order; (c) to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting Internal Security; (d) to protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack.; (e) to prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive action and measures as well as by aiding and cooperating with other relevant agencies in implanting due measures for prevention of crimes. (f) to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e-mail or other means, and take prompt follow up action thereon, after duly acknowledging the receipt of the complaint; (g) to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders; (h) to create and maintain a feeling of security in the community, as far as possible, to prevent conflicts and promote amity; (i) to provide, as first responders, all possible help to people in situations arising out of natural or man-made disasters, and to provide active assistance to other agencies in relief and rehabilitation measures; (j) to facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads and highways; (k) to collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism, and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves; (l) to take charge, as a police officer on duty, of all unclaimed property and take action for their safe custody and disposal in accordance with the procedure prescribed. ### 29. Social responsibilities of the police. - Every police officer shall, (a) behave with the members of the public with due courtesy and decorum, particularly so in dealing with senior citizens, women and children; (b) guide and assist members of the public, particularly senior citizens, women, children, the poor and indigent and the physically or mentally challenged individuals, who are found in helpless condition on the streets or other public places or otherwise need help and protection; (c) provide all requisite assistance to victims of crime and of road accidents and in particular ensure that they are given prompt medical aid, irrespective or medico legal formalities, and facilitate their compensation and other legal claims; (d) ensure that in all situations, especially during conflict between communities, classes, castes and political groups, the conduct of the police is always governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections including minorities; (e) proven harassment of women and children in public places and public transport, including stalking, making objectionable gestures, sings, remarks or harassment caused in any way; (f) render all requisite assistance to the members of the public, particularly women, children, and the poor and indigent persons, against criminal exploitation by any person or organized group; and (g) arrange for legally permissible sustenance and shelter to every person in custody and making known to all such person provision of legal aid schemes available and also inform the authorities concerned in this regard. ### 30. Duties in emergency situations. (1) The State Government may, by notification in the official gazette, declare any specified service to be an essential service to the community, for specified period, which may be extended from time to time, by a notification, as necessary. (2) Upon a declaration being made under Sub-section (1) and so long it remains in force, it shall be the duty of every police officer to obey any order given by any officer superior to him in connection with the service specified in the declaration. ### 31. Senior police officer performing duties of a subordinate officer. - A Senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and may aid, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or authority, wherever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof. Chapter-V Policing In Rural Areas and Village Police System Police Station covering rural areas: ### 32. Police Stations to be self-sufficient. - Police Stations covering rural areas shall be so organized as to be self-sufficient in matters of accommodation, amenities, communication facilities, transport and police housing. Each Police Station will also have access to facilities of forensic science and scientific aids to investigation. ### 33. Village visits by Station House Officer/Officer-in-Charge. - The Station House Officer shall visit every village under his jurisdiction, as per the minimum frequency prescribed by the Superintendent of Police through a general or special order, and shall interact with as many local residents as possible so as to assess the level of public satisfaction with the police. ### 34. Village visits by Supervisory Officers. - All supervisory officers including the Superintendent of Police shall visit every month as many villages in their jurisdiction as possible. The purpose of such visits shall be to review the general state of crime, the law and order situation and the activities, if any, of violent and militant individuals or groups in the area and to interact with as many local residents as possible so as to assess the level of public satisfaction with the police. Village Police System Enlistment of village Guard and Selection Criteria: ### 35. Enlistment of Village Guards. - Each village in the district shall have at least one Village Guard, enlisted by the District Superintendent of Police from amongst able -bodied persons of either gender, between the age of 21 and 50 years and with unimpeachable character and antecedents, who are permanent residents of that village, possessing the ability to read and write in the local language, who have not been convicted by a court of law or have not had charges framed against them by a court of law in a criminal case or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct, and who are not active members of any political party or a militant outfit. ### 36. Tenure of Village Guards. - A person enlisted as a Village Guard will normally have a tenure of three years, which may be renewed, upon satisfactory performance. No renewal shall, however, be granted to a person after he crosses the age of sixty years. ### 37. Removal of Village Guards. - A Village Guard shall be removed from the assignment at any time during the currency of his enlistment, if he incurs any conditions of ineligibility stipulated in Section 35. ### 38. Village Guards to be public servants. - The Village Guard shall be a public servant as defined in the Indian Penal Code, 1860. ### 39. Training of Village Guards. - The superintendent of Police shall ensure that every person, on his induction as a Village Guard, is administered such training course and for such period as may be determined by the Director General of Police. Periodical refresher training may also be organized for them. ### 40. Oath or affirmation by Village Guards. - Every person enlisted as a Village Guard shall take an oath or affirmation, as may be prescribed, before the officer-in-charge of the Police Station concerned. ### 41. Badge, honorarium and expenses. - Each Village Guard will be provided with an Identification Badge and a reasonable monthly honorarium and out of pocket expenses, as may be prescribed by the District Superintendent of Police. The honorarium so fixed shall not be less than that paid to a Home Guard in the State. ### 42. Badge, and records to deliver up on cessation of to be Village Guard. - Any person who for any reason ceases to be a Village Guard shall forthwith deliver up to the Superintendent of police or to an officer authorized by him, his identification Badge and all records and documents maintained by him as the Village Guards. ### 43. Duties & Responsibilities of Village Guards. - The duties and responsibilities of a Village Guard shall include: (a) reporting the occurrence of any crime or law and order situation in the village, at the earliest, to the police and assisting the police in bringing the offenders to book; (b) maintaining a general vigil in the village from the point of view of crime prevention or prevention of a law and order problem, and promptly informing the police about the same ; (c) remaining alert and sensitive to any information about any suspicious activity, movement of suspicious persons or development of any conspiracy in the village, that is likely to lead to a crime or breach of law and order, and promptly passing on such information to the police; (d) assisting any citizen in arresting or handing over to the Police Station any person or persons under Section 43 of the Code of Criminal Procedure, 1973 along with the arms, ammunition, property or any objectionable or suspicious object, if any, seized from him, without delay. In case the arrested person is a women, a male Village Guard shall be accompanied by a women; (e) securing and preserving the scene of any crime till the arrival of the police, duly ensuring that it is not disturbed by curious onlookers or anyone else; (f) meeting the Station House Officer of the police Station at a minimum frequency as may be prescribed by the Superintendent of Police through a general or special order, to report on such activities and incidents in the village as would have a bearing on crime law and order or other policing concerns; (g) maintain the prescribed records and registers;and (h) recording any public grievances or complaints in relation to policing ; (i) liaising with the village Panchayat on matters relating to crime and law and order in the village. Chapter - VI Policing in the Context of Public Order and Internal Security Challenges ### 44. Internal Security Schemes. - The Director General shall, with the approval of the State Government, draw up an Internal Security Scheme for the entire state as well as for each of the districts to deal with problems of Public Order and Security of State, as specific to the area. ### 45. Review of Internal Security Scheme. - The Internal Security Schemes so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently if required. ### 46. Internal Security Scheme to specifically cover backward and inaccessible areas. (1) The Internal Security Schemes will, as far as possible, cover all major problems the area. In preparing the Schemes, the Director General of Police shall give special attention to likely disturbance of public order arising out of non-implementation of developmental programmes in the backward and not so easily accessible areas. (2) The schemes will provide that officers deploying the police to deal with situations of conflict between communities, classes, castes and political groups shall ensure that its composition, as far as possible, reflects social diversity the area including adequate representation of weaker sections and minorities. ### 47. Security of critical infrastructure to be covered by the scheme. - The Internal Security Schemes shall, inter alia, cover the role of the police with regard to the security of any establishment or installation relating to critical infrastructure, if any located in the area. ### 48. Scheme to cover specific security requirement arising out of any activity or programme. (1) Any organization, while taking up any activity or programme which is otherwise unobjectionable but may have the potential for disturbing law and order may inform the police, and thereupon, the police shall take such measures as deemed necessary to deal with the situation. (2) While preparing the Internal Security Scheme under Section 59, the police shall take into consideration the contingencies of specific law and order problems, and security requirements that may arise in such situations. ### 49. Updated standard operating procedure to be incorporated in the scheme. - The Internal Security Schemes will incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermath of problems of each kind. Chapter - VII Separation of Crime Investigation and Use of Science and Technology in Investigation ### 50. Separate crime Investigation Unit. - The State Government shall in the Police Stations of such crime-prone areas as may be considered necessary, by order separate the investigation of crimes from law and order and other police functions by creating a Crime Investigation Unit, headed by an officer not below the rank of a Sub-Inspector of police, with appropriate strength of officers and staff, for the investigating crimes. ### 51. Selection of officers for crime investigation units. - The officers posted in Crime Investigation Units will be selected on the basis of their aptitude, professional competence and integrity. Their professional skills will be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques. ### 52. Tenure of officers In crime investigation units. - Officers posted to Crime investigation Units will normally have a minimum tenure of three years and a maximum of five years, after which they will be rotated to law and order and other assignments. ### 53. Specific offences to be investigated by the unit. (1) The officers posted to the Crime Investigating units will investigate crimes such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases of cheating, misappropriation and other economic offences, as may be notified, by the Director General of Police, besides any other cases specially entrusted to the unit by the District Superintendent of Police . (2) All other crimes will be investigated by other staff posted in such Police Stations. ### 54. Supervision of Investigation. - The investigations of cases taken up by the Crime Investigation Unit personnel, over and above the supervision of the Station House Officer concerned, will be supervised at the district level by an officer not below the rank of Deputy Superintendent of Police, who will report directly to the District Superintendent of Police. ### 55. Criminal Investigation Department. - The Criminal Investigation Department of the State shall take up investigation of such crimes of inter-state, inter-district or of otherwise serious nature ,as may be notified by the State Government from time to time , and as may be specially entrusted to it by the Director General of police in accordance with the prescribed procedures and norms. ### 56. Specialized units for specific crimes. - The Criminal Investigation Department will have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, and any other category of offences, as notified by the State Government and which require specialized investigative skills. ### 57. Selection of officers for the Criminal Investigation Department. - The Officers posted to the Criminal Investigation Department will be selected on the basis of their aptitude, professional competence, experience and integrity. They will undergo appropriate training upon induction and their knowledge and skills will be upgraded from time to time through appropriate refresher and specialized courses. Chapter - VIII Police Accountability ### 58. Additional mechanism for police accountability. - In addition to the existing mechanisms, and functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further ensured through the additional mechanism detailed in this chapter. Accountability for conduct ### 59. Police Accountability Commission. - The State Government shall, within six months of the coming into effect of this Act, establish a State-Level Police Accountability Commission ("the Police Commission"),consisting of a Chairperson, Members and such other staff as may be necessary, to inquire into public complaints against the police personnel for serious misconduct and perform such other functions as stipulated in this Chapter. ### 60. Composition of the Commission. - The Commission shall have five members to be appointed by the State Government with a credible record of integrity and commitment to human rights and shall consist of: (a) a retired High Court Judge, who shall be the Chairperson of the Commission; (b) a police officer superannuated in the rank not below inspector General of Police; (c) two persons of repute and standing from the civil society; (d) a retired officer not below the rank of Secretary/Commissioner to the State Government with experience in Public Administration. Provided that at least one member of the Commission shall be women and not more then one member shall be a police officer. ### 61. Ineligibility for membership. - A person shall be ineligible to be a member of the Commission, if he (a) is not a citizen of India ; (b) is above 70 years of age; (c) is serving in any police, military or allied organization; (d) is employed as a public servant; (e) holds any elected office, including that of Member of Parliament or State Legislature or any local body; (f) is a member of, or is associated in any manner with, an organization declared as unlawful under an existing law; (g) is an office-bearer or a member or any political party ; (h) has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more; (i) is facing prosecution for any offence mentioned in Sub-Section (h) above and against whom charges have framed by a court of law ; or (j) is of unsound mind and has been so declared by a competent court. ### 62. Term of office and conditions of service of members and Chairperson. (1) The term of office of a member, and the Chairperson, shall be three years unless- (a) he resigns at any time before the expiry of his term ; or (b) he is removed from the office on any of the grounds mentioned in Section 63. (2) The Chairperson and the Members shall be eligible for reappointment. (3) The remuneration, allowances and other terms and conditions of service of the members shall be as may be notified by the State Government from time to time. ### 63. Removal of Chairperson and members. - The Chairperson or any member of the Commission may be removed from office by an order of the Governor on the grounds of: (a) proven misconduct or misbehaviour ; (b) persistent neglect to perform duties of the Commission; (c) occurrence of any situation that would make a member ineligible for appointment to the Commission under Section 101 ; or (d) any member engaging himself during his term of office in any paid employment outside the duties of his office. ### 64. Staff of the Commission. (1) Members of the Commission shall be assisted by adequate staff with requisite skills, for efficient discharge of their functions of the Commission. (2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the State, its population, and the average number of complaints against the police, and shall be periodically reviewed and revised. (3) The staff shall be selected by the Commission in accordance with the procedure as prescribed by the Government. (4) The remuneration and other terms and conditions of service of the staff shall be as notified from time to time. ### 65. Conduct of business. - The Commission shall devise its own rules for the conduct of its business, ### 66. Function of the Commission. (1) The Commission shall forward for further action the complaints of misconduct received directly by it to the Director General of Police. (2) The Commission shall inquire into allegations of "serious misconduct" against police personnel, as detailed below , either suo moto or on a complaint received from any of the following ; (a) a victim or any person on his behalf ; (b) the National or the State Human Rights Commission; (c) the police ; or (d) any other source. Explanation. - "Serious misconduct" for the purpose of this chapter shall mean any act or omission of a police officer that leads to or amounts to: (a) death in police custody; (b) grievous hurt, as defined in Section 320 of Indian Penal Code , 1860 (c) rape or attempt to commit rape ; (d) arrest or detention without due process of law ; or (e) violation of human rights ; (f) allegation of corruption. (3) The Commission may also inquire into any other case referred to it by the Director General of Police if, in the opinion of the Commission, the nature of the case merits an Independent Inquiry ; (4) The Commission may monitor the status of departmental inquiries or departmental action on the complaints "misconduct" against gazetted officers through a quarterly report obtained periodically from the Director General of Police, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Commission's opinion the departmental inquiry or departmental action is getting unduly delayed in any such case; (5) The Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police when a complaint, being dissatisfied by the out come of or inordinate delay in the process of departmental inquiry into his complaint of "misconduct" as defined above, by any police officer, brings such matter to the notice of the Commission; and (6) The Commission may lay down general guidelines for the state police to prevent misconduct on the part of police personnel. ### 67. Powers of the Commission. (1) In the cases directly enquired by it, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure,1908, and in particular in respect of the following matters : (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document ; (c) receiving evidence on affidavits ; (d) requisitioning any public record or copy thereof from any court or office ; (e) issuing authorities for the examination of witnesses or documents ; and (f) any other matter as may be prescribed. (2) The Commission shall have the power to require any person, subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of sections 176 and 177 of the Indian Penal Code, 1860. (3) The Commission shall be deemed to be a civil court, and when any offence, as defined in Sections 175, 178, 179, 180 or 228 of the Indian Penal Code, 1860, is committed in the view of presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same. The Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code Criminal Procedure, 1973. (4) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228, and for the purpose of Section 196 of the Indian Penal Code, 1860 , the Commission shall be deemed to be civil court for all the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (5) The Commission shall have the power to advise the State Government on measures to ensure protection of witnesses, victims, and their families who might face any threat or harassment for making the complaint or for furnishing evidence. (6) The Commission may visit any police station, lock-up, or any other place of detention used by the police and, if it thinks fit, it may be accompanied by a police officer. ### 68. Statements made to the Commission. - No statement made by a person in the course of giving evidence before the Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for giving false evidence : Provided that the statement (a) is made in reply to the question which he is required by the Commission to answer, or (b) is relevant to the subject matter of the inquiry Provided further that on conclusion if the inquiry into a complaint of 'serious misconduct' against the police personnel, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complaint. ### 69. Persons likely to be prejudicially affected to be heard. - If, at any stage of the inquiry, the commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be pre-judicially affected by the inquiry, it shall give that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his support. Provided that nothing in this section shall apply where the credibility of a witness is being impeached. ### 70. Decisions and Directions of the Commission. (1) In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police and the State Government with a direction to : (a) register a First Information Report ; and/ or (b) initiate departmental action based on such findings, Duly forwarding the evidence collected by it to the police Provided that the Commission, before finalizing it's own opinion in all such cases shall give the Director General of Police an opportunity to present the department's view and additional facts, if any, not already in the notice of the Commission: Provided further that, in such cases, the Commission may review its findings upon receipt of additional information from the /Director General of Police that may have a material bearing on the case. (2) The commission may also recommend to the State Government payment of monetary compensation by the Government to the victims of the subject matter of such an inquiry. ### 71. Reports of the Commission. (1) The Commission shall prepare an annual report at the end of each calendar year, inter-alia, containing: (a) the number and type of cases of 'serious misconduct' inquired into by it ; (b) the number and type of cases of 'misconduct' referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint ; (c) the number and type of cases including those referred to in (b) above in which advice or direction was issued by it to the police for further action ; (d) the identifiable patterns of misconduct on the part of police personnel in the State ; and (e) recommendations on measures to enhance police accountability. (2) The annual report of the Commission shall be laid before the State Legislature. The report shall be a public document, made accessible to the public. (3) The Commission may also prepare special reports with respect to specific cases directly inquired into by it. These reports shall also be made accessible to the public. ### 72. Rights of the complainant. (1) Any person any lodge his complaint relating to any 'misconduct' or 'serious misconduct' on the part of police personnel with either the departmental police authorities or with the Commission. Provided that no complaint shall be entertained by the Commission, if the subject matter of the complaint is being examined by any other commission, or any court. (2) In cases where a person has lodged a complaint with the police authorities, he may inform the Commission at any stage of the departmental inquiry about any undue delay in the processing of the inquiry. (3) The complaint shall have a right to be informed of the progress of the inquiry from time to time by the inquiring authority (the concerned police authority or the Commission).Upon completion of inquiry or departmental proceedings, the complainant shall be informed of the conclusions of the same as well as the final action in the case at the earliest. (4) The complainant may attend all hearings in an inquiry concerning his case. The complainant shall be informed of the date and place of each hearing. (5) All hearings shall be conducted in a language intelligible to the complainant. In a case where hearings cannot be conducted in such a language the services of an interpreter shall be requisitioned if the complainant so desires. (6) Where upon the completion of the departmental inquiry, the complainant is dissatisfied with the outcome of the inquiry on the grounds that the said inquiry violated the principles of natural justice, he may approach the Commission or the Authority for appropriate directions. ### 73. Duty of the police and other state agencies. (1) All police officers and authorities shall refer all allegations of 'serious misconduct' against police personnel, coming to their notice, to the Commission. (2) It shall be the duty of the heads of the district police and of the state police as well as of any other concerned state agency to provide to the Commission all information they may reasonably require to perform their duties provided for in this Chapter. ### 74. Interference with the functioning of the Commission or the Authority. - Whoever influences or interferes with the functioning of the Commission, except in the course of lawful duty, shall, on conviction by a court of law, be liable to a fine or to an imprisonment for a term not exceeding one year, or both. Explanation. - Any threat, coercion or inducement offered to any witness or victim of police misconduct or serious misconduct, shall be deemed to be interference with the functioning of the Commission for the purpose of this Section. ### 75. Training. - It shall be the duty of the Commission to ensure that all its Members, and other staff and their staff are regularly trained, inter alia, about: (a) technical and legal issues related to departmental inquiries ; (b) specific forms of human rights violation ; and (c) appropriate handling of victims of police abuse ### 76. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against the State Government, the State Police Board, its members and staff, the Police Accountability Commission, its members, staff or any person acting under the direction of the Board or the Commission, in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. ### 77. Funding. - The State Government shall ensure that adequate funds are provided to the Commission for the effective performance of their functions by way of separate component in appropriate major head of the State budget, as the State Government may decide. Chapter - IX General Offences, Penalties, and Responsibilities Order in streets and public places ### 78. Regulation of public assemblies and processions. (1) The District Superintendent of Police or an officer not below the rank of Assistant/Deputy Superintendent of Police may, where necessary, direct the conduct of all assemblies and processions on any public road, street or thoroughfare, and prescribe the routes by which and the time at which such procession may pass. (2) It shall be duty of any person intending to organize a procession on any road, street or thoroughfare, or to convene an assembly at any public place, to give intimation in writing to the officer in charge of the concerned Police Station. (3) The District Superintendent or any officer not below the rank of Assistant/Deputy Superintendent of Police, on receipt of such intimation or otherwise, and upon being satisfied that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, may prescribe necessary conditions including making provisions for satisfactory regulatory arrangements, on which alone such assembly or procession may take. Under special circumstances to be recorded in writing, the concerned officer may also prohibit the assembly or procession in public interest. All orders and directions should be given within 48 hours of receipt of intimation, as far as possible. ### 79. Assemblies and processions violating prescribed conditions. (1) The District Superintendent of Police or any Police Officer not below the rank of Sub-Inspector, authorized in this behalf by the District Superintendent of Police, may stop any assembly or procession which violates the conditions set under sub-sections (1) and (3) of Section 78 and order such assembly or procession to disperse. (2) Any assembly or procession which neglects or refuses to obey any order given under sub-section (1) above shall be deemed to be an 'unlawful assembly' under Chapter VIII of Indian Penal Code 1860. ### 80. Regulation of the use of music and other sound system in public places. - The District Superintendent or any officer not below the rank of Assistant/Deputy Superintendent of police may regulate the time and the volume at which music and other sound systems are used in connection with any performance and other activities in or near streets or any public place that cause annoyance to the residents of the neighborhood. ### 81. Directions to keep order on public roads. (1) The District Superintendent or any other Police Officer authorized by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets, thoroughfares, or any public place, in order to prevent obstruction, injury, or annoyance to passer by or pollution. (2) The District Superintendent of Police may issue general directions under sub-section (1), in respect of the whole district or any part thereof. ### 82. Penalty for disobeying orders or directions. - Any person not obeying the lawful orders issued under Sections 78, 79 and 81 may be arrested and on conviction by a court of law, shall be liable to a fine. ### 83. Power to reserve public places and erect barriers. (1) The District Superintendent of Police may, be public notice, temporarily reserve for any public purpose any street or other public place, and prohibit the pubic from entering the area so reserved, except on such conditions as may be specified. (2) (a) The District Superintendent of Police may, authorize any police officer to erect barriers and other necessary structures on public roads and streets to check vehicles or occupants thereof for violation of any legal provision by them. (b) In making such order, the District Superintendent of Police shall prescribe the necessary steps for ensuring the safety of passersby. (c) The temporary structures or barriers shall be removed once the purpose for which they were installed is over. ### 84. Obstruction in police work. - Any person, who obstructs the discharge of duties and functions of a police officer, shall, on conviction, be liable to simple imprisonment not exceeding three months or fine or both. ### 85. Unauthorized use of Police Uniform. - Whoever, not being a member of the Police Service wears, without obtaining permission from an officer authorized in this behalf by the State Government by a general or special order, a police uniform or any dress having the appearance or bearing any or the distinctive marks of that uniform, shall, on conviction, be punished with imprisonment not exceeding six months or fine or both ### 86. Refusal to deliver up certificate etc. on ceasing to be police officers. - Whoever, having ceased to be a police officer, does not forthwith deliver up his/her certificate of appointment, clothing, accoutrements and other wherewithal supplied to him for the execution of his duty, shall on conviction by a court of law, be liable to a fine. ### 87. False or misleading statement made to the police. - Whoever makes a false statement or a statement which is misleading in material particulars to a police officer for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term which may extend to three months or a fine or both. ### 88. Dereliction of duty by a police officer. (1) Whoever, being a police officer : (a) will fully breaches or neglects to follow any legal provision, procedure, rules, regulations applicable to members of the Police Service ; or (b) without lawful reason, fails to register a First Information Report as required by Section 154 of the Code of Criminal Procedure, 1973; or (c) is found in a state of intoxication, while on duty ; or (d) malingers or feigns illness or injury or voluntarily causes hurt to himself with a view to evading duty ; or (e) acts in any other manner unbecoming or a police officer ; shall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine or both. (2) Whoever, being a police officer, (a) is guilty of cowardice ; or (b) abdicates duties, or withdraws from duties, or remains absent without authorization form duty for more than 21 days ; or (c) uses criminal force against another police officer, or indulges in gross in subordination ; or (d) is guilty of sexual harassment in the course of duty, whether towards other police officer of any member of the public ; shall, on conviction, be punished with imprisonment for a term which may extend to one year or with a fine or both. ### 89. Arrest , search, seizure and violence. - Whoever, being a police officer: (1) without lawful authority or reasonable cause enters or searches or causes to be entered or searched, any building, vessel, tent or palace ; or (2) unlawfully and without reasonable cause seizes the property of any person ; or (3) unlawfully and without reasonable cause detains, searches, or arrest a person ; or (4) unlawfully and without reasonable cause delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person ; or (5) subjects any person in her/his custody or with whom he may come into contact in the course of duty, to torture to any kind of inhuman or unlawful personal violence or gross misbehaviour ; or (6) holds out any threat or promise not warranted by law ; shall, on conviction, be punished with imprisonment for a term which may extend to one year and shall be liable to fine. ### 90. Offences by the Public. (1) Any persons who commits any of the following offences on any road, or street or thoroughfare, or any open place, within the limits of any area specially notified by the State Government for the purpose of this Section, to the inconvenience, annoyance or danger of the residents or passers-by shall, on conviction by a court, be liable to a fine. (a) allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public ; (b) being found intoxicated and riotous ; (c) neglecting to fence in or duly protect any well, tank, hole or other dangerous places or structure under his charge or possession ; or otherwise creating a hazardous situation in a public place ; (d) defacing, or affixing notices, or writing graffiti on walls, building or other structures without prior permission of the custodian of the property; (e) will fully entering or remaining without sufficient cause in or upon any building belong to the Government or land ground attached thereto, or on any vehicle belonging to Government; (f) knowingly spreading rumours or causing a false alarm to mislead the police, fire brigade or any other essential service or ; (g) will fully damaging or sabotaging any public alarm system ; (h) knowingly and will fully causing damage to an essential service, in order to cause general panic among the public; (i) acting in contravention of a notice publicly displayed by the competent authority in any government building ; (j) causing annoyance to a woman by making indecent overtures or calls or by stalking.; (2) It shall be lawful for any police officer to take into custody, without a warrant, whoever commits any of the offences mentioned in Sub- Section (1). (3) Whoever commits any offence under Sub-section (1), on subsequent conviction shall be liable to enhanced punishment of imprisonment which may extend to three months or fine or both. ### 91. Procedure for posting directions and public notices. (1) All general directions, regulations, and public notices issued under this Chapter shall be published by posting notices in the office of the District and Sub-divisional Magistrate, Tehsil Office, and Panchayat office of the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing it by the beating of drum of by advertising in local newspapers and other media, or by any other means as the Superintendent of Police may deem fit. (2) If any direction or regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety of the locality, such regulation shall be subject to such law, rule or bye-law. ### 92. Prosecution of Police officers. - No court shall take cognizance of any offence under this Act when the accused person is police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf. ### 93. Prosecution for offences under other laws. - Subject to the provisions contained in Section 300 of the Code of Criminal Procedure, 1973, nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act. ### 94. Summary disposal of certain cases. (1) A court taking cognizance of an offence punishable under Sections 82 and 90 may State, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of he charge, plead guilty to the charge by registered letter, and remit to the court such sum as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified in the summons under sub-section (1) , no further proceedings in respect of the offence shall be taken against that person. ### 95. Recovery of penalties and fines imposed by Magistrates. - Provision of Section 64 to 70 of Indian Penal Code ,1860 and Sections 386 of the Code of Criminal Procedure, 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate. ### 96. Limitation of actions. - No court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation provided for in Section 468 of the Code of Criminal Procedure, 1973. For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal Procedure shall apply. Chapter-X Miscellaneous ### 97. Disposal of fees and rewards. - All fees paid for licenses or within permission issued under this Act, and all sums paid for the service of processes be police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government. Provided that with the sanction of the State Government, or under any rule made by the State Government in that behalf, the whole or any portion of any such reward, forfeiture or penalty may be for special services, be paid to a police officer, or be divided amongst two or more Police Officers. ### 98. Method of providing orders and notifications. - Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issued thereof may be proved by the production of a copy thereof in the official Gazette, or of a copy thereof signed by such Magistrate, or officer, an by him certified to be a true copy or an original published or issued according to the provisions of the section of the Act applicable thereto. ### 99. Validity of rules and orders. - No, rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this act, or under any rules made there under, which is in substantial conformity with the same, shall be deemed illegal, void or invalid by reason of any defect of form. ### 100. Officers holding charge of or succeeding to vacancies competent to exercise powers. - Whenever in consequence of the office of a police officer becoming vacant, any officer holds charge of the post of such police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this act on such police officer, as the case may be. ### 101. Public notices how to be given. - Any public notice required to be given under any of the provisions of this act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof, by affixing copies thereof in conspicuous public places or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers-English or regional language or Hindi the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable. Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication. ### 102. Consent of a competent authority may be proved by writing under his signature. - Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent,approval,declaration,opinion or satisfaction of competent authority, a written document signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof. ### 103. Power to make rules. - The State Government may make rules for carrying out the purpose of this Act: Provided that all the rules, regulations and orders relating to administration of the State police establishment existing immediately before commencement of this Act shall be deemed to have been made under this Act unless any provision thereof is found inconsistent with this Act. ### 104. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by notification in the Official Gazette, make such provision as it deems necessary or expedient for removing the difficulty. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the legislature. ### 105. Notification of rules and regulations in the Official Gazette and laying of rules and regulations. (a) Every rule and regulation made under this Act shall be made by notification in the Official Gazette. (b) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before the State Legislature. ### 106. Persons aggrieved may apply to State Government to annul reverse or alter any rule or order. - It the case of any rule order made by the State Government under any authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any aggrieved person to make a representation to the State Government to annul, reverse, or alter the aforesaid rule or order. ### 107. Repeal and saving. (1) The Police Act 1861, in its application to the State of Tripura, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any proceeding instituted or any order made or any notification issued under the Act so repealed shall be deemed to have been done or taken or instituted or made or issued under the corresponding provisions of this Act. (3) All reference in any other enactment to any of the provisions of the Act so repealed shall be construed as a reference to the corresponding provisions of this Act. Form (See Section 17) ---------------------------------------has been appointed a member of the Tripura Police Service under Act No. 1 of 2007 and is vested with the powers, functions and privileges of a police officer.
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State of Goa - Act -------------------- The Goa, Daman and Diu Land Revenue (Inspection, Search and Supply of copies of Land Records) Rules, 1969 ----------------------------------------------------------------------------------------------------------- GOA India The Goa, Daman and Diu Land Revenue (Inspection, Search and Supply of copies of Land Records) Rules, 1969 =========================================================================================================== Rule THE-GOA-DAMAN-AND-DIU-LAND-REVENUE-INSPECTION-SEARCH-AND-SUPPLY-OF-COPIES-OF-LAND-RECORDS-RULES-1969 of 1969 ------------------------------------------------------------------------------------------------------------------- * Published on 16 February 1971 * Commenced on 16 February 1971 The Goa, Daman and Diu Land Revenue (Inspection, Search and Supply of copies of Land Records) Rules, 1969 Published vide Notification No. RD/LRC/245/69-71/17, dated 16th February, 1971 RD/LRC/245/69-71/XVII. - In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:- ### 1. Short title and commencement. (1) These rules may be called the Goa, Daman and Diu Land Revenue (Inspection, Search and Supply of copies of Land Records) Rules, 1969. (2) They shall come into force at once. ### 2. Inspection of Records. - All documents, maps, registers, accounts and records (hereinafter referred to as "records") shall with the permission of the officer in charge of the same, be open to inspection in his office during the usual office hours every day, except Sundays and public holidays; on payment of fees hereinafter prescribed. ### 3. Application for inspection. (1) Any person desiring to inspect any records, shall himself or through his recognised agent present an application for such inspection to the officer in charge of such records stating therein the particulars about the records and the purpose for which the inspection is sought. (2) On receipt of an application under sub-rule (1), the officer in charge of the records shall, grant the permission unless the application is rejected under sub-rule(3). (3) If the Officer in charge of the records (not being a Talathi) considers that the records of which inspection is sought, are of a confidential nature or that the inspection would be prejudicial to public interests, he may record an order rejecting the application for inspection. And where a Talathi is in charge of such records, he shall refer the application for the orders of the Mamlatdar. ### 4. Fees for inspection. - The fees for inspection of records shall be prepaid in cash in accordance with the rate as provided in the schedule hereto- Schedule ---------- | | | | | | | --- | --- | --- | --- | --- | | | Category of records | | Fees | | | (1) (a) | Records in charge of an officer of and above the rank of a Mamlatdar | | [Rs.10/- for every hour or a portion thereof.] [Substituted by the Goa Land Revenue (Inspection, Search and supply copies of Land Records) (Amendment) Rules, 1992 published in Official Gazette, Series I No. 15 dated 9-7-92.] | | | (2) (b) | Records in charge of an officer below the rank of a Mamlatdar. | | [Rs. 5/- for every hour or a portion thereof.] [Substituted by the Goa Land Revenue (Inspection, Search and supply copies of Land Records) (Amendment) Rules, 1992 published in Official Gazette, Series I No. 15 dated 9-7-92.] | | Provided that no fees for inspection shall be charged to Government Officers or other persons duly authorised in this behalf for Government purposes, or to an officer of the Municipal/Councils, Panchayat Samitis and Village Panchayats for the purposes of the respective institutions, or to officers of the Co-operative Societies for the business of the Society. ### 5. Inspection to be made under the directions of the officer. - The inspection shall be made at such time, in such place and in the presence of such official as the officer in charge of the records, may direct. ### 6. Inspection how to be made. (1) No person who is permitted to inspect the records under these rules shall during such inspection use pen and ink or make any marks or alterations on the records inspected or extract any papers therefrom. He shall return the records so inspected in their original condition when the inspection is over. He may, during the inspection, himself or through his recognised agent, make in pencil a copy of the records or any portion thereof, the inspection of which is permitted; but a copy so made shall not be certified by any officer. (2) Any person infringing this rule shall be deprived of the right of the inspection for such period as the officer in charge of the records may direct, and in addition, be punishable with such fine not exceeding two hundred rupees as the Collector, may after giving such person an opportunity to be heard, deem fit to impose. ### 7. Fees for search when to be charged. - When an application is made for an inspection or copy or any records and such application does not distinctively describe the number, date and nature of the records required, or if the description given in such application is incorrect, and it shall, in consequence be necessary for the officer in charge of the record to search his records in order to find the required records, a fee at the rate of ["Rupees twenty"] [Substituted by the Goa Land Revenue (Inspection, Search and supply copies of Land Records) (Amendment) Rules, 1992 published in Official Gazette, Series I No. 15 dated 9-7-92.] for every day shall be payable in cash by the applicant in advance for such search whether the inspection or copy for which he applies, on examination of the said records by the said officer, be granted or not. ### 8. Supply of certified copies. - Certified extracts form or copies of the records specified in rule 2, shall be obtainable with the permission of the officer in charge of the records on payment of fees and additional fees for sealed off perimeter measurements hereinafter prescribed: Provided that no copy shall be granted of any record, map or plan which has been printed or lithographed and published under the authority of the Government and is on sale. Explanation. - For the purposes of this rule, printed matter not covered by the foregoing proviso shall be treated as matter copied. ### 9. Application for copies. (1) Any person desiring to have copies, shall himself or through his recognised agent make an application to the officer in charge of the records stating therein the particulars of the records and the purpose for which copies thereof are required. (2) On receipt of an application under sub-rule (1), the officer in charge of the records shall, grant the request unless it is rejected under sub-rule (3). (3) If the officer in charge of the records (not being a Talathi) considers that the records of which a copy is applied for is of a confidential nature or that the supply of the copy would be prejudicial to the public interest, he may record an order rejecting the application. And where a Talathi is in charge of such records, he shall refer the application for the orders of the Mamlatdar. ### 10. Supply of true copies of certified copies. - Notwithstanding anything contained in rules 8 and 9, every officer in charge of a certified copy of any records shall on an application made to him by any person give to him a true copy of such certified copy of the record under his own signature on payment of the fees hereinafter prescribed. On every such copy it shall be clearly stated by such officer that it is true copy of the certified copy of the records. ### 11. Receipt to be endorsed on copy. - On every certified copy or extract or true copy of certified copies or extracts granted under theses rules there shall be endorsed by the officer who receives the fees for the same, a receipt in the following form:- Received Rs......................... Paise as fee for this certified copy. Dated:................... Signed ### 12. Fees for copies. - The fees for certified copies of records shall be pre-paid in cash in accordance with the rates as provided in the Schedules hereto:- [Schedule A] [Present Schedule Substituted vide Goa Land Revenue (Inspection, Search and supply of copies of Land Records) (Amendment) Rules -1998 notified vide Notification No. 32/1/97-RD dated 2-11-98.] | | | | | | --- | --- | --- | --- | | Sr. No. | Category of records | | Fees | | 1. | Every certified copy of a serial number or entry in the record of rights, register of mutations and from the registers, accounts and records other than maps maintained by a Talathi under Section 8 of the Code. | | Rs. 5/-. | | 2. | Every certified copy of an entry in the register of property maintained by the City Survey Officer. | | Rs. 5/-. | | 3. | (i) Every certified copy of the tabular annewari statement of a village with the annewari decision worked out therein. | | | | | (ii) Every certified copy of the decision of the Collector or Mamlatdar not embodied in the statement of annewari. | | Rs. 5/- | | 4. | Every certified copy of a map of a survey number or a sub-division of a survey number or of any (uncoloured) map of any immovable property prepared under clause (a) of Section 101 of the Code. | | Rs. 10.00 for every survey number or sub-division of a survey number subject to the minimum of Rs. 20/-. | | 5. | Every certified copy of a map of a survey number or of a sub-division of a survey number or of any ordinary (uncoloured) map or plan of any immovable property prepared under Section 56 of the Code. | | Rs. 20.00 for every survey number or a sub-division of a survey number. | | 6. | Every certified copy of a map or plan of a non-agricultural survey number or a sub-division of such a survey number or of an extract of city survey prepared under Section 65 of the Code. | | Rs. 20.00 for every survey number or a sub-division of a survey number. | | 7. | For showing the scaled off perimeter measurements on any certified copy of the map of a survey number or sub-division of a survey number prepared under items 4, 5 & 6. | | | | | (i) if applied for at the time of measurement of the survey number or sub-division of a survey number. | | Rs. 5.00 | | | (ii) if applied for at any time thereafter. | | Rs. 10.00 | | 8. | Every certified copy of a map or plan or of any portion of a map or plan not falling under items 4, 5 & 6. | | Such fee not exceeding Rs. 150/- and not less than Rs. 20/- as the Officer who certifies the copy shall determine: | | | | | Provided that no fee exceeding Rs. 50/- shall be charged by an officer subordinate to a Collector except with the permission of the Director of Settlement and Land Records. | | 9. | For every certified copy of records not falling under items 1 to 8. | | | | | (i) for every sheet of paper 30x21 cms. in dimensions, hand written or typed with double spacing. | | Rs. 20/- for every sheet of paper or part thereof. | | | (ii) if such record be in tabular form. | | Twice the rate specified in (i) above. | | 10. | For every true copy of a certified copy | | The same fee as for a certified copy. | | 11. | For every authenticated translation of orders, and the reasons therefor, and of the exhibits in formal or summary enquiry's under the Code. | | | | | (i) for the first 100 words or fraction of 100 words. | | Rs. 20/- | | | (ii) for every subsequent 100 words of fraction of 100 words. | | Rs. 10/- | ### 12. Cost of paper and printed form. - In addition to the copying fees chargeable under rule 10, the applicant shall pay charges for paper, printed form, drawing paper, tracing paper or cloth, film, tracing paper used for purposes of copying, Ammonia paper, and liquid ammonia used for blue print copy and Photostat paper, Toner etc. used for Photostat copy at the rate from time to time fixed by the Government in that behalf. ### 13. Stamp duty or Court fee payable in addition. - Nothing in these rules shall affects the provisions of the Stamp Act, 1899 or the Court fees Act, 1870. The stamp duty or Court fees with which an application, copy or extract made or furnished under those rules may be chargeable is in addition to the fees prescribed under these rules.
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State of Bihar - Act ---------------------- The Bengal Kanungos and Patwaris Regulation, 1819 --------------------------------------------------- BIHAR India The Bengal Kanungos and Patwaris Regulation, 1819 =================================================== Act 1 of 1819 --------------- * Published on 5 February 1819 * Commenced on 5 February 1819 The Bengal Kanungos and Patwaris Regulation, 1819 (Bengal Regulation 1 of 1819) [Dated 5th February, 1819] A Regulation [\* \* \*] [The words 'for replacing the districts of Dinagpur and Rangpur under the management of the Board of Revenue; for extending the authority of the Board of Commissioners in Bihar and Banaras to the district of Gorakhpur' repealed by Act 12 of 1891.] for re-establishing Kanungos and re-forming the office of Patwari throughout the Province of Bengal; and for explaining and modifying certain parts of Regulation 12,1817. ### 1. to 3. [\* \* \* \* \*] [Sections 1 to 3 repealed by Act 12 of 1873.] ### 4. Appointment of Kanungos throughout Bengal. - First - Kanungos shall be appointed throughout the [State] [Substituted by A.L.O.] of Bengal in the same manner, and for the performance of the same duties, as are prescribed in Regulation 5, 1816, in regard to the district of Cuttack, the pargana of Pataspur and its dependencies; and all the Rules contained in the Regulation aforesaid are hereby extended generally to the [State] [Substituted by A.L.O.] of Bengal. Regulation 12 of 1817 extended. - Second - The provisions of Regulation 12, 18, 17, are in like manner hereby extended to the several districts of the said [State] [Substituted by A.L.O.] to which they have not yet been applied. Nomination of 'Kanungos' by person other than Collectors. - Third - Provided, however, that in cases in which it may not appear advisable, from whatever cause, to leave the selection and nomination of the Kanungos, to the Collector of the district, it shall be competent to the [State] [Substituted by A.L.O.] Government to appoint such other officer specially to perform that duty, as it may judge expedient; and the officer so appointed shall have and exercise, during such period as the [State] [Substituted by A.L.O.] Government may direct, the same powers as are vested generally in Collectors of land-revenue under the provisions of Regulation 5, 1816 and Regulation 12, 1817. But nothing herein contained shall be construed to preclude the person holding permanently the office of Collector in such district from discharging the ordinary duties of his situation under the general rules and Regulation applicable to that branch of the public service. Power to suspend operation of Rules regarding Kanungos and patwaris. - Fourth - Provided further that it shall be competent to the [State] [Substituted by A.L.O.] Government to suspend the operation of the rules contained in this or any former Regulation, regarding Kanungos and patwaris, within any mahals in which the establishment of such officers, as prescribed in those Rules, may appear to be inexpedient. Board of Revenue may alter duties of Kanungos. - Fifth - Provided likewise that it shall be competent to the [Board of Revenue] [See the B. and O. Board of Revenue Act, 1913.] or other authority exercising the powers of that [Board] [See the B. and O. Board of Revenue Act, 1913.] to make such alteration in the duties to be performed by Kanungos as local circumstances shall suggest [\* \* \* \* \*] [The Words, 'anything in Section 7, Regulation 4 of 1808, and other corresponding enactments, to the contrary,notwithstanding', repealed by Act 12 of 1891.] And suspend operation of Regulation 12, 1817 in certain place. - Sixth - Provided also that it shall be competent to the [Board of Revenue] [See the B. and O. Board of Revenue Act, 1913.] to suspend by proclamation the operation of the rules of Regulation 12, 1817, in the district of Chittagong [\* \*] [The words 'and Sylhet' repealed by Act 1 of 1903.] and in any other parts of the country in which individual estates may generally be of inconsiderable extent, until they shall have determined, under the discretion vested in them by Section 3, 18 and 33 of that Regulation, the number of patwaris to be appointed or retained, the mode in which they are to be remunerated and the mahals to be permanently exempted from its general operation. ### 5. Collector may nominate and appoint patwari in certain cases. - In all cases in which any village or villages, or any lands whatsoever the accounts of which may be kept by a single patwari, shall be held by two or more persons under distinct engagement, it shall be competent to the [Collector] [See the Bengal Land Revenue Settlement Regulation, 1822, Section 35.] , with the approval of the [Board of Revenue] [See the B. and O. Board of Revenue Act, 1913.] or other authority exercising the powers of that [Board,] [See the B. and O. Board of Revenue Act, 1913.] to assume the direct nomination and appointment of such patwari, with or without a reference to the proprietors. But in all such cases the [Collector] [See the Bengal Land Revenue Settlement Regulation, 1822, Section 35.] shall deviate as little as possible from established usage, and shall be careful to consult the inclinations, and maintain the interests, of all persons connected with the mahals in question. ### 6. Explanation of Section 11, Regulation 12, 1817. - In explanation of Section 11, Regulation 12, 1817, it is hereby declared and enacted that, if any proprietor or farmer of land shall refuse or omit to furnish the statement required by Section 4 of that Regulation within the period therein prescribed, or at any subsequent period, when called upon to do so by the Collector or other officer exercising the powers of [Collector,] [See the Bengal Land Revenue Settlement Regulation, 1822, Section 35.] it shall be competent to the [Collector] [See the Bengal Land Revenue Settlement Regulation, 1822, Section 35.] or other officer aforesaid, with the approval of the [Board of Revenue] [See the B. and O. Board of Revenue Act, 1913.] or other authority exercising the powers of that [Board] [See the B. and O. Board of Revenue Act, 1913.] to levy a daily fine upon such proprietor or farmer, until the statement required be furnished, to such amount as may appear proper, with reference to the circumstances of the case, and to the condition in life of the offender. ### 7. Penalty for unauthorized removal, etc., of patwari. - The penalties prescribed in Section 31, Regulation 12, 1817, for the illegal removal of a patwari from office, by a zamindar or other proprietor or farmer of land, are hereby declared applicable to all persons whatsoever who may without due authority, remove from office any patwari duly constituted or appointed; or who may oppose a patwari so appointed or constituted, in the performance of his duties; or who may prevent his performing them, or who may resist or evade the entry of a patwari, when duly appointed into the possession of his office.
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NCT Delhi - Act ----------------- Delhi Co-Operative Tribunal Rules, 2006 ----------------------------------------- DELHI India Delhi Co-Operative Tribunal Rules, 2006 ========================================= Rule DELHI-CO-OPERATIVE-TRIBUNAL-RULES-2006 of 2006 ----------------------------------------------------- * Published on 1 January 2006 * Commenced on 1 January 2006 Delhi Co-Operative Tribunal Rules, 2006 Published vide Notification No.F.47/Coop/16/Policy05 Notification No.F.47/Coop/16/Policy05. - In exercise of the powers conferred by Section 137 read with Section 114 of the Delhi Co-operative Societies Act, 2003 (Delhi Act 3 of 2004 ), the Government of National Capital Territory of Delhi, hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Delhi Co-operative Tribunal Rules, 2006. (2) They shall come into force on the day of their publication in the Delhi Gazette. ### 2. Definitions. - (I) In these rules, unless the context otherwise requires,- (a) "Act" means the Delhi Co-operative Societies Act, 2003 (Delhi Act 3 of 2004 ); (b) "Chairman" means the Chairman of the Tribunal; (c) "Form" means a form appended to these rules; (d) "Government" means the Lt. Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution. (e) [ "Member" means a member of the Delhi Co-operative Tribunal.] [Inserted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 2.] (2) Words and expressions used herein but not defined shall have the meaning assigned to them in the Act. ### 3. [ Constitution of Tribunal. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 3.] - There shall be one Chairman and not more than two other members in the Delhi Co-operative Tribunal] ### 4. Qualifications of Chairman. - A person shall not be qualified to be appointed as a Chairman of the Tribunal unless he- (a) is, or has been, or is qualified to be a District Judge, or has for, at least, two years, held the post of a Joint Secretary to the Government of India or any other post under the Central Government or the Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has for, atleast, two years functioned as a quasi-judicial authority at the appellate level; and (b) in the opinion of the Government, is a person of ability, integrity and standing and has adequate knowledge or experience in dealing with the problems relating to economics, law, public affairs, administration or revenue laws, etc. ### 5. [ Qualification of the member. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 4.] - A member shall not be appointed unless he has, for at least two years, held the post of a Joint Secretary to the Government of India or any other post under the Central or a State Government or Government of Union Territory carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.] ### 6. [ [Omitted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 5.] [\* \* \* \*] ### 7. Disqualification. - A person shall be disqualified for appointment as Chairman or member of the Tribunal, if he- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the 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 body corporate owned or controlled by government; or (e) has, in the opinion of the Government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a Chairman or as a member of the Tribunal, as the case may be; or (f) is medically unfit. ### 8. [ Appointment on deputation. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 6.] - Every person, who is a member of Judicial Service or is in Service under the Central Government or a State Government or the Government of a Union Territory and who fulfills the requisite qualification under Rule 4 shall be eligible for appointment on deputation basis. Terms and conditions of appointment on deputation basis including pay and allowances, pension, leave and other benefits, etc., will be decided by the Government.] ### 9. [ Term of office. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 7.] - Every person appointed as Chairman and the member of the Tribunal shall hold office for a term of three years from the date on which any one of them enters upon his office, but shall be eligible for reappointment for another term of three years, provided that no such person shall hold office, as member of the Tribunal after he has attained the age of sixty-five years.] ### 10. Method of recruitment. - Every appointment of Chairman or members shall be made by the Government in the manner as specified by it. ### 11. Oath of office and secrecy. - The Chairman and members shall, before entering upon their office, make and subscribe to oaths of office and secrecy in Form I and Form II. ### 12. Resignation and removal. - -(1) Chairman or a member of the Tribunal may, by notice in writing under his hand addressed to the Lieutenant Governor, resign his office: Provided that unless he is permitted by the Lieutenant Governor to relinquish his office sooner, he shall continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) The Chairman or any member shall not be removed from his office except by an order made by the Lieutenant Governor. ### 13. [ Pay and increments. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 8.] - The Chairman and each member shall receive pay in the scale structure of PB-4 Rs. 37,400-67,000+10,000 (Grade Pay) and earn annual increments, in accordance with the rules applicable to a Joint Secretary to the Government of India belonging to the Indian Administrative Service: Provided that- (i) the subsequent increment shall be granted on the first day of July every year subject to the condition that he has completed six months in the revised pay structure as on 1st of July as laid down in Rule 10 of the CCS (Revised Pay) Rules, 2008. (ii) the officer appointed on deputation shall be given an option either to have fixed his pay in the pay scale of the post of Chairman or Member as the case may be, or to draw his own pay scale plus deputation duty allowance as prescribed in FRSR.] ### 14. [ Dearness allowances and city compensatory allowance. [Substituted by the Delhi Co-operadve Tribunal (Amendment) Rules, 2009, Rule 9.] - The Chairman and members shall receive dearness allowance and city compensatory allowance appropriate to their pay at the rates admissible to a Group 'A' officer of the Central Government drawing pay in the scale of Rs. 37,400 - 67,000.] ### 15. Leave. - The Chairman and members of the Delhi Co-operative Tribunal shall be entitled to such leave as is admissible to Group 'A' officers of the Government, if appointed on full time basis. ### 16. [ Leave sanctioning authority. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 10.] - The Secretary (Co-operation) of the Government shall be the authority to sanction leave to Chairman and members.] ### 17. [ [Omitted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 11.] [\* \* \* \*] ### 18. [ [Omitted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 12.] [\* \* \* \*] ### 19. [ Travelling allowances. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 13.] - The Chairman and members of the Tribunal while on tour or on transfer (including the journey undertaken to join the Tribunal or on the expiry of his term with the Tribunal to proceed to his home town), shall be entitled to travelling allowances, daily allowances, transportation of personal effects and other similar allowances at the same scale at the same rate as are applicable to a Joint Secretary to the Government of India from the Indian Administrative Service.] ### 20. [ Accommodation. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 14.] (1) The Chairman and members of the Tribunal shall be entitled to use of an official residence from the General Pool accommodation of the Government of the type admissible to an officer of the rank of a Joint Secretary to the Government of India stationed at Delhi on the payment of licence fee at the rates determined by the Government from time to time. (2) When Chairman or member is not provided with or does not avail himself of the accommodation referred to in sub-rule (1), he may be paid every month an allowance of an amount equal to 30% of his pay. (3) Where Chairman or member occupies an official residence beyond the permissible period, he shall be required to pay additional licence fee or penal rent, as the case may be, and liable to eviction in accordance with the rules applicable to a Joint Secretary to the Government of India belonging to the Indian Administrative Service.] ### 21. [ Facility of conveyance. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 15.] - The Chairman and members of the Tribunal shall be entitled to a facility of staff car for journey for official and private purposes in accordance with the staff car rules of the Government of India.] ### 22. [ Facility for medical treatment. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 16.] - The Chairman and members of the Tribunal shall be entitled to medical treatment and hospital facility as provided in the rules applicable to the employees of the Government.] ### 23. [ Residuary provisions. [Substituted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 17.] - The conditions of service of the Chairman and members of the Tribunal, for which no express provision is available in these rules, shall be determined by the rules and orders for the time being applicable to a Joint Secretary to the Government of India belonging to the Indian Administrative Service.] ### 24. [ [Omitted by the Delhi Co-operative Tribunal (Amendment) Rules, 2009, Rule 18.] [\* \* \* \*] ### 25. Procedure regarding disposal of appeals by the Tribunal. - The proceedings of the Tribunal shall be governed as far practicable by the provisions of the Code of Civil Procedure, 1908 as amended in 1999 and 2002 (Central Act 5 of 1908). ### 26. Headquarters of the Tribunal. - The place of the Headquarters and the time of sitting of the Tribunal shall be notified by the Registrar in the official Gazette. ### 27. Decision of the Tribunal. - Where the Tribunal consists of more than one member, the decision of the majority shall prevail. Where the members, are equally divided, the decision of the Chairman shall be the decision of the Tribunal in that case. ### 28. Procedure regarding appeal other than those to the Tribunal and application for revision. (1) An appeal under sub-section (2) of Section 112 or an application for revision under sub-section (6) of Section 114 shall be either presented in person or sent by registered post to the appellate or revising authority. (2) The appeal or the application for revision shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed from or sought to be revised. (3) Every appeal or application for revision shall- (a) specify the name and address of the appellant or applicant and also the name and address of the respondents, as the case may be; (b) state by whom the order appealed from or sought to be revised was made; (c) set forth concisely and under distinct heads, the grounds of objection to the order appealed from or sought to be revised together with a memorandum of evidence; (d) state precisely the relief which the appellant or the applicant claims; and (e) give the date of the order appealed from or sought to be revised. (4) Where an appeal under sub-section (2) of Section 112 is preferred after the expiry of sixty days specified in sub-section (2) of the said section, it shall be accompanied by a petition supported by an affidavit setting forth the facts on which the appellant relies to satisfy the appellate authority that he had sufficient cause for not preferring the appeal within the said period of sixty days. (5) On receipt of the appeal or the application for revision, the appellate or revising authority shall as soon as possible examine it and ensure that- (a) the person presenting the appeal or the application has the locus standi to do so; (b) it is made within the prescribed time-limit; and (c) it conforms to all the provisions of the Act and these rules. (6) The appellate or revising authority may call upon the appellant or the applicant for revision to remedy the defects, if any, or furnish such additional information as may be necessary, within a period of fifteen days of the receipt of the notice to do so. (7) The revising authority may, before passing orders under sub-section (6) of Section 114, obtain from any subordinate officer such further information in regard to the enquiry or the proceedings for the purpose of verifying the regularity of such proceedings or the correctness, legality or propriety of any decision passed or order made therein. The revising authority may also call for and obtain from the parties connected with such enquiry or proceedings such information as is necessary with reference to the examination of the records of enquiry or proceedings and the information obtained from the subordinate officer. (8) In the proceedings before the appellate or revising authority, legal practitioners shall be entitled to appear to represent parties. (9) The appellate or revising authority shall on the basis of the enquiry conducted and with reference to tire records examined pass such order on the appeal or on the application for revision as may seem just and reasonable. (10) Every order of the appellate or revising authority under sub-section (2) of Section 112, sub-section (6) of Section 114 or, as the case may be, shall be in writing and it shall be communicated to the appellant or applicant, to such other parties as in the opinion of the authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal or the application for revision was made. ### 29. Application for review. (1) Every application under sub-section (1) of Section 115 shall be in the form of a memorandum setting forth concisely and under distinct heads the views and important facts which, after the exercise of due diligence, were not then within the knowledge of the applicant or could not be produced by him when the order was made or mistakes or errors apparent on the face of the record or other reasons on the basis of which review is sought. A memorandum of evidence shall accompany it. (2) The application shall be accompanied by the original or a certified copy of the order to which the application relates. (3) No application for review shall be entertained unless it is accompanied by such additional number of copies, as there are parties to the original order. (4) The application shall, so far as it may be necessary, be disposed of by the Tribunal in such manner as may be deemed fit, provided that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making representation. ### 30. Interpretation. - If any question arises relating to the interpretation of these rules, the decision of the Lieutenant Governor thereon shall be final. ### 31. Power to relax. - Where the Lieutenant Governor is of the opinion that it is necessary or expedient so to do, he may by order for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons. ### 32. Saving. - Nothing in these rules shall affect reservations, relaxation of age limit, and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes. Ex-Servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time to time in this regard.
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State of Madhya Pradesh - Act ------------------------------- The M.P. Civil Courts (Amendment and Validation) Act, 1980 ------------------------------------------------------------ MADHYA PRADESH India The M.P. Civil Courts (Amendment and Validation) Act, 1980 ============================================================ Act 7 of 1980 --------------- * Published on 12 August 1980 * Commenced on 12 August 1980 The M.P. Civil Courts (Amendment and Validation) Act, 1980 No. 7 of 1980 [Dated 12th August, 1980] Received the assent of the Governor on the 12th August, 1980; assent first published in the "Madhya Pradesh Gazette" (Extraordinary) dated the 12th August, 1980. An Act further to amend the Madhya Pradesh Civil Courts Act, 1958 Be it enacted by the Madhya Pradesh Legislature in the Thirty-first Year of the Republic of India as follows ### 1. Short title. - This Act may be called The Madhya Pradesh Civil Courts (Amendment and Validation) Act, 1980 ### 2. to 3. - Amendments made by these sections are already incorporated in the principal Act, hence not reproduced. ### 4. Validation of appointment of additional Judges and constitution of certain Courts etc. - Notwithstanding any judgement decree or order of any Court,- (i) every Additional Judge to the Court of District Judge and every Additional Judge to the Court of an Additional District Judge, appointed or purported to have been appointed prior to 22nd day of April, 1980 shall be and shall always be deemed to have been validly appointed in accordance with the provisions of sub-section (1) of Section 8 of the Principal Act, as substituted by Section 3 of this Act, and accordingly- (a) such additional Judge to the Court of the District Judge or such Additional Judge to the Court of an Additional District Judge shall continue to function as such after such commencement; and (b) any judgement, decree or order passed or any proceeding commenced, taken or continued by such additional Judge to the Court of the District Judge or such additional Judge to the Court of an Additional District Judge, prior to the 22nd day of April, 1980 shall be and shall always be deemed to have been validly passed of commenced, taken or continued, as the case may be, and the validity of any judgement or decree or order passed or any proceeding commenced, taken or continued shall not be questioned on the ground that such Additional Judge to the Court of the District Judge or such Additional Judge to the Court of the Additional District Judge had no jurisdiction to hear, decide, entertain, take, commence or continue such proceedings or on any other ground pertaining to any other defect in his appointment as additional Judge to the Court to which he was appointed or on both; (ii) Every Court of Additional District Judge which was functioning prior to the 22nd day of April, 1980 in excess of the number of such Courts in Civil District notified under Section 5 of the Principal Act shall be and shall always be deemed to have been validly established in accordance with law as if the notification under the aforesaid section fixing the number of Courts had been so amended as to enhance the said number to cover the Courts established in excess of the number so fixed and accordingly any judgement or decree or order passed or any proceeding commenced, taken or continued by such Additional District Judge shall not be questioned on the ground that the Court was not constituted in accordance with the provisions of the Principal Act. ### 5. Repeal. - The Madhya Pradesh Civil Courts (Amendment and Validation) Ordinance, 1980 (No. 7 of 1980), is hereby repealed.
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British India - Act --------------------- Colonial Probates Act, 1892 ----------------------------- BRITISH INDIA India Colonial Probates Act, 1892 ============================= * Published on 20 May 1892 * Not commenced 1. Repealed by [The British Statutes (Repeal) Act, 2004 (Act 17 of 2004) on 20 February 2004 ] [55 VICT.] Colonial Probates Act, 1892. [CH. 6.] Chapter 6 . ---------------- An Act to provide for the Recognition in the United Kingdom of Probates and Letters of Administration granted in British Possessions. [20th May 1892.] BE it enacted by the Queen's most Excellent. Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : ### 1. Application of Act by Order in Council. Her Majesty the Queen may, on being satisfied that the legislature of any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the courts of the United Kingdom, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to that possession, and thereupon, while the Order is in force, this Act shall apply accordingly. [F11A This Act shall apply in relation to the Hong Kong Special Administrative Region of the People’s Republic of China as it applied, immediately before 1st July 1997, to Hong Kong; and the Colonial Probates Act Application Order 1965 shall, in relation to that Region, continue in force accordingly.] Textual Amendments F1S. 1A inserted (1.7.1997) by S.I. 1997/1572, art. 2 ### 2. Sealing in United Kingdom of colonial probates and letters of administration. (1) Where a court of probate in a British possession to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person [F1then (subject to section [F2109 of the [F3Senior Courts Act 1981]], section 42 of the Probate and Legacy Duties Act 1808 and section 99A of the Probates and Letters of Administration Act (Ireland) 1857)], the probate or letters so granted may, on being produced to, and a copy thereof deposited with, a court of probate in the United Kingdom, be sealed with the seal of that court, and, thereupon, shall be of the like force and effect, and have the same operation in the United Kingdom, as if granted by that court. (2) Provided that the court shall, before sealing a probate or letters of administration under this section, be satisfied— [F4(a) that probate duty has been paid in respect of so much (if any) of the estate as is liable to probate duty in the United Kingdom; and] (b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property (if any) in the United Kingdom to which letters of administration relate; and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person. (3) The court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the United Kingdom. (4) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original. (5) Rules of court may be made for regulating the procedure and practice, including fees and costs, in courts of the United Kingdom, on and incidental to an application for sealing a probate or letters of administration granted in a British possession to which this Act applies. [F5Such rules shall, so far as they relate to probate duty, be made with the consent of the Treasury, and subject to any exceptions and modifications made by such rules, the enactments for the time being in force in relation to probate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this section were a person applying for probate or letters of administration.] Textual Amendments F1Words inserted by Finance Act 1975 (c. 7), ss. 52(1) , 59, Sch. 12 para. 4 F2Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(1) , Sch. 5 F3Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1) , Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d) F4S. 2(2) (a) repealed in relation to deaths occurring after 13.4.1975 and, so far as regards certain duties in relation to any death, by Finance Act 1975 (c.7, SIF 99:3), ss. 52(2), 59, Sch. 13 Pt. I, note (with saving in s. 52(3) in relation to repayment or allowance in respect of certain sums paid before 13.3.1975 on account) F5Words from “Such rules shall” to the end of the subsection repealed in relation to deaths occurring after 13. 4. 1975 and, so far as regards certain duties in relation to any death, by Finance Act 1975 (c. 7, SIF 99:3), ss. 52(2) , 59, Sch. 13 Pt. I, note (with a saving in s. 52(3) in relation to repayment or allowance in respect of certain sums paid before 13. 3. 1975 on account) by Finance Act 1975 (c. 7, SIF 99:3), ss. 50, 52(2)(3), 59, Sch. 13 Pt. I Modifications etc. (not altering text) C1S. 2 amended (N.I.) by Northern Ireland Act 1962 (c. 30), s. 7(9) , Sch. 1. C2Ss. 2(2) (b), 2(3) amended (E.W.) by Administration of Estates Act 1971 (c. 25), s. 11 ### 3. Application of Act to British courts in foreign countries. This Act shall extend to authorise the sealing in the United Kingdom of any probate or letters of administration granted by a British court in a foreign country, in like manner as it authorises the sealing of a probate or letters of administration granted in a British possession to which this Act applies, and the provisions of this Act shall apply accordingly with the necessary modifications. ### 4. Orders in Council. (1) Every Order in Council made under this Act shall be laid before both Houses of Parliament . . . F1 (2) Her Majesty the Queen in Council may revoke or alter any Order in Council previously made under this Act. (3) Where it appears to Her Majesty in Council that the legislature of part of a British possession has power to make the provision requisite for bringing this Act into operation in that part, it shall be lawful for Her Majesty to direct by Order in Council that this Act shall apply to that part as if it were a separate British possession, and thereupon, while the Order is in force, this Act shall apply accordingly. Textual Amendments F1Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XII Modifications etc. (not altering text) C1S. 4(1) amended by Statutory Instruments Act 1946 (c. 36), s. 4(3) ### 5. Application of Acts to probates, &c. already granted. This Act when applied by an Order in Council to a British possession shall, subject to the provisions of the Order, apply to probates and letters of administration granted in that possession either before or after the passing of this Act. ### 6. Definitions. In this Act— The expression “court of probate” means any court or authority, by whatever name designated, having jurisdiction in matters of probate, and in Scotland means the sheriff court of the county of Edinburgh: The expression “probate” and “letters of administration” include confirmation in Scotland, and any instrument having in a British possession the same effect which under English law is given to probate and letters of administration respectively: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 The expression “British court in a foreign country” means any British court having jurisdiction out of the Queen’s dominions in pursuance of an Order in Council, whether made under any Act or otherwise. Textual Amendments F1Definition repealed by Finance Act 1975 (c. 7, SIF 99:3), ss. 50, 52(2) (3), 59, Sch. 13 Pt. I ### 7. Short title. This Act may be cited as the Colonial Probates Act, 1892.
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Union of India - Act ---------------------- The Manoeuvres Field Firing and Artillery Practice Act, 1938 -------------------------------------------------------------- UNION OF INDIA India The Manoeuvres Field Firing and Artillery Practice Act, 1938 ============================================================== Act 5 of 1938 --------------- * Published in Gazette of India 5 on 12 March 1938 * Not commenced An Act to provide facilities for military manoeuvres and for field firing and artillery practice. WHEREAS it is expedient to provide facilities for military manoeuvres and for field firing and artillery practice; It is hereby enacted as follows:- ### 1. Short title and extent.- (1) This Act may be called the Manoeuvres, Field Firing and Artillery Practice Act, 1938. (2) It extends to the whole of India 2\*\*\*. Chapter I Manoeuvres ------------------------- ### 2. Power of State Government to authorise manoeuvres.- (1) The State Government may, by notification in the local Official Gazette, authorise the execution of military manoeuvres over any area specified in the notification during a specified period not exceeding three months: Provided that the same area or any part thereof shall not ordinarily be so specified more than once in any period of three years. (2) The State Government shall publish notice of its intention to issue a notification under sub-section (1) as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of three months from the date of the first publication of such notice in the local Official Gazette. (3) The notice required by sub-section (2) shall be given by publication in the local Official Gazette and shall also be given throughout the area which it is proposed to specify in the notification by publication in the manner prescribed by rules made under section 13, and shall be repeated by like publication one month and one week as nearly as may be before the commencement of the manoeuvres. ### 3. Powers exercisable for purposes of maneuvers.- (1) Where a notification under sub-section (1) of section 2 has been issued, such persons as are included in the military forces engaged in the manoeuvres may, within the specified limits and during the specified periods,- (a) pass over, or encamp, construct military works of a temporary character, or execute military manoeuvres on, the area specified in the notification, and (b) supply themselves with water from any source of water in such area: Provided that nothing herein contained shall authorise the taking of water from any source of supply, whether belonging to a private owner or a public authority, of an amount in excess of the reasonable requirements of the military forces or of such amount as to curtail the supply ordinarily required by those entitled to the use of such water supply. (2) The provisions of sub-section (1) shall not authorise entry on or interference with any well or tank held sacred by any religious community or any place of worship or ground attached thereto except for the legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop or store or any premises used for the carrying on of any trade, business or manufacture or any garden or pleasure ground, or any ancient monument as defined in section 2 of the Ancient Monuments Preservation Act, l904 (7 of 1904). ### 1. The Act has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch., Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to Pondicherry on 1-10-1963, vide Reg. 7 of 1963, s. 3 and Sch. I and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967). ### 2. The words "except Part B States" omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951). ### 4. Duty of Officer Commanding to repair damage.- The Officer in Command of the military forces engaged in the manoeuvres shall cause all lands used under the powers conferred by this Chapter to be restored, as soon and as far as practicable, to their previous condition. ### 5. Right to compensation for damage caused by manoeuvres.- Where a notification issued under section 2 authorises the execution of military manoeuvres compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such manoeuvres including expenses reasonably incurred in protecting person, property, rights and privileges. ### 6. Method of assessing compensation.- (1) The Collector of the district in which any area utilised for the purpose of manoeuvres is situated shall depute one or more Revenue Officers to accompany the forces engaged in the manoeuvres for the purpose of determining the amount of any compensation payable under section 5. (2) The Revenue Officer shall consider all claims for compensation under section 5 and determine, on local investigation and where possible after hearing the claimant, the amount of compensation, if any, which shall be awarded in each case; and shall disburse on the spot to the claimant the compensation so determined as payable. (3) Any claimant, dissatisfied with a refusal of the Revenue Officer to award him compensation or with the amount of compensation awarded to him by the Revenue Officer, may, at any time within fifteen days from the communication to him of the decision of the Revenue Officer, give notice to the Revenue Officer of his intention to appeal against the decision. (4) Where any such notice has been given, the Collector of the district shall constitute a commission consisting of himself as chairman, a person nominated by the Officer Commanding the forces engaged in the manoeuvres and two persons nominated by the District Board, and the commission shall decide all appeals of which notice has been given. (5) The commission may exercise its powers notwithstanding the absence of any member of the commission, and the chairman of the commission shall have a casting vote in the case of an equal division of opinion. (6) The decision of the commission shall be final and no suit shall lie in any Civil Court in respect of any matter decided by the commission. (7) No fee shall be charged in connection with any claim, notice, appeal, application or document filed before the Revenue Officer, Collector or the commission under this section. ### 7. Offences.- If, within the area and during the period specified in a notification under sub-section (1) of section 2, any person- (a) wilfully obstructs or interferes with the execution of the manoeuvres, or (b) without due authority enters or remains in any camp, or (c) without due authority interferes with any flag or mark or any apparatus used for the purposes of the manoeuvres, he shall be punishable with fine which may extend to ten rupees. Chapter II Field Firing and Artillery Practice --------------------------------------------------- ### 8. Definitions.- In this Chapter- (a) "field firing" includes air armament practice; (b) "notified area" means an area defined in a notification issued under sub-section (1) of section 9. ### 9. Power of State Government to authorise field firing and artillery practice.- (1) The State Government may, by notification in the local Official Gazette, define any area as an area within which for a specified term of years the carrying out periodically of field firing and artillery practice may be authorised. (2) The State Government may, by notification in the local Official Gazette, authorise the carrying out of field firing and artillery practice throughout a notified area or any specified part thereof during any period or periods specified in the notification. (3) Before any notification under sub-section (2) is issued, the State Government shall publish notice of its intention to issue such notification as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of two months from the date of the first publication of the notice in the local Official Gazette. (4) The notice required by sub-section (3) shall be given by publication in the local Official Gazette and shall also be given throughout the notified area by publication in some newspaper circulating in and in the language commonly understood in that area and by beat of drum and by affixation in all prominent places of copies of the said notice in the language of the locality and in such other manner as may be prescribed by rules made under section 13 and shall be repeated by like publication one week as nearly as may be before the commencement of the period or of each period specified in the notification: Provided that the fact of the said beat of drum and affixation shall be verified in writing by one headman and two other literate inhabitants of the locality and provided further that such notice by the beat of drum shall be given seven and two days as nearly as may be before the commencement of such field firing and artillery practice. ### 10. Powers exercisable for purposes of field firing and artillery practice.- (1) Where a notification under sub-section (2) of section 9 has been issued, such persons as are included in the forces engaged in field firing or artillery practice may, within the notified area or specified part thereof during the specified period or periods,- (a) carry out field firing and artillery practice with lethal missiles, and (b) exercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3 on forces engaged in military manoeuvres: Provided that the provisions of sub-section (2) of section 3 shall not debar entry into, or interference with, any place specified in that sub-section, if it is situated in an area declared to be a danger zone under sub-section (2) of this section, to the extent that may be necessary to ensure the exclusion from it of persons and domestic animals: Provided further that in the case of a dwelling house occupied by women adequate warning shall be given through a local inhabitant and entry shall be effected after such warning in the presence of two respectable inhabitants of the locality. (2) The Officer Commanding the forces engaged in any such practice may, within the notified area or specified part thereof, declare any area to be a danger zone, and thereupon the Collector shall, on application made to him by the Officer Commanding the forces engaged in the practice, prohibit the entry into and secure the removal from such danger zone of all persons and domestic animals during the times when the discharge of lethal missiles is taking place or there is danger to life or health. ### 11. Compensation.- The provisions of sections 5 and 6 shall apply in the case of field firing and artillery practice as they apply in the case of military manoeuvres: Provided that the compensation payable under this section shall include compensation for exclusion or removal from any place declared to be a danger zone of persons or domestic animals, such compensation to be disbursed at not less than the minimum rates prescribed by rules made under section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss of employment or deterioration of crops resulting from any such exclusion or removal. ### 12. Offences.- If, during any period specified in a notification issued under sub-section (2) of section 9, any person within a notified area-(a) wilfully obstructs or interferes with the carrying out of field firing or artillery practice, or (b) without due authority enters or remains in any camp, or (c) without due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited, or (d) without due authority interferes with any flag or mark or target or any apparatus used for the purposes of the practice, he shall be punishable with fine which may extend to ten rupees. Chapter III General ------------------------ ### 13. Power to make rules.- ### 1. [(1) ] The State Government may, by notification in the local Official Gazette, make rules- (a) prescribing the manner in which the notices required by sub-section (2) of section 2 and sub-section (3) of section 9 shall be published in the areas concerned; (b) regulating the use under this Act of land for manoeuvres or field firing and artillery practice in such manner as to secure the public against danger and to enable the manoeuvre, or practice, to be carried out without interference and with the minimum inconvenience to the inhabitants of the areas affected; (c) regulating the procedure of the Revenue Officers and commissions referred to in section 6 in such manner as to secure due publicity regarding the method of making claims for compensation and preferring appeals from original awards of compensation, the expeditious settlement of claims and of appeals and the payment of compensation so far as possible direct to the claimants; and (d) defining the principles to be followed by the Revenue Officers and commissions referred to in section 6 in assessing the amount of compensation to be awarded. ### 1. Section 13 re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005). ### 2. [(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
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State of Uttar Pradesh - Act ------------------------------ U.P. Minor Irrigation Department (Special Equipment) Mechanic Service Rules, 1992 ----------------------------------------------------------------------------------- UTTAR PRADESH India U.P. Minor Irrigation Department (Special Equipment) Mechanic Service Rules, 1992 =================================================================================== Rule U-P-MINOR-IRRIGATION-DEPARTMENT-SPECIAL-EQUIPMENT-MECHANIC-SERVICE-RULES-1992 of 1992 -------------------------------------------------------------------------------------------- * Published on 14 July 1992 * Commenced on 14 July 1992 U.P. Minor Irrigation Department (Special Equipment) Mechanic Service Rules, 1992 Published vide Notification No. 3073/54-2-863-90, dated 14th July, 1992 In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of Service of persons appointed to the Uttar Pradesh Minor Irrigation Department (Special Equipment) Mechanic Service : Part I – General ------------------ ### 1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Minor Irrigation Department (Special Equipment) Mechanic Service Rules, 1992. (2) They shall come into force at once. ### 2. Status of the Service. - The Uttar Pradesh Minor Irrigation Department (Special Equipment) Mechanic Service is a non-Gazetted service comprising Group "C" posts. ### 3. Definitions. - In these rules, unless anything repugnant in the subject or context,- (a) "Appointing authority" in respect of the posts of Mechanic, Driller (Heavy Rig), Mechanic (Workshop) and Operator means Chief Engineer and in respect of the posts of Air Compressor Driver, Air Compressor-cum-Truck-Tractor Driver, Mechanical Supervisor, Mechanic (Electrical), Mechanic (Diesel), Mechanic (Mechanical), Driller (in Well Rig), Driller, Assistant Driller, Blaster, Electrician-cwm-Welder, Mechanic-cum-Fitter, Fitter-cum-Electrician and Welder-cum-Operator means Personal Assistant to Chief Engineer; (b) "Chief Engineer" means the Chief Engineer, Minor Irrigation Department, Uttar Pradesh; (c) "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution; (d) "Constitution" means the Constitution of India; (e) "Government" means the State Government of Uttar Pradesh; (f) "Governor" means the Governor of Uttar Pradesh; (g) "Member of the Service" means a person substantively appointed under these rules or under the rules and orders in force prior to the commencement of these rules to a post in the cadre of the Service; (h) "Service" means the Uttar Pradesh Minor Irrigation Department (Special Equipment) Mechanic Service; (i) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the Service, and after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government; (j) "Year of recruitment" means a period of twelve months commencing from the first day of July of a calendar year. Part II – Cadre ----------------- ### 4. Cadre of Service. (1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Government from time to time. (2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given in the Appendix : Provided that- (1) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; (2) the Governor may create such additional permanent or temporary posts as he may consider proper. Part III – Recruitment ------------------------ ### 5. Source of recruitment. - Recruitment to the various categories of posts in the Service shall be made from the following sources : | | | | | | | --- | --- | --- | --- | --- | | (1) | Mechanic | | ... | By promotion from amongst substantively appointed Mechanic (Workshop) and Operators who have completed three years' and five years' Service respectively, as such, on the first day of the year of recruitment. | | (2) | Mechanic (workshop) | | ... | By promotion from amongst substantively appointed Operators who have completed three years' Service, as such, on the first day of the year of recruitment. | | (3) | Operator | | ... | By promotion from amongst substantively appointed Mechanical Supervisor, Mechanic (Electrical) , Mechanic (Diesel) Mechanic and Mechanic (Mechanical) who have completed five years Service, as such, on the first day of the year of recruitment. | | (4) | Mechanical Supervisor | | | (i) 67% by direct recruitment; and (ii) 33% by promotion from amongst substantively appointed Electrician-cum-Welder, Mechanic-cum-Fitter, Fitter-cum-Electrician, and Welder-cum-Operator who have completed three years' Service, as such, on the first day of the year of recruitment: | | (5) | Mechanic (Electrical) | | (6) | Mechanic (Mechanical) | | (7) | Mechanic (Diesel) | | (8) | Mechanic | | ... | Provided that if no suitable person is available for promotion, the post may be filled by direct recruitment. | | (9) | Electrician-cum-Welder | | ... | By direct recruitment. | | (10) | Mechanic-cum-Fitter | | (11) | Fitter-cum-Electrician | | (12) | Waldar-cum-Operator | | (13) | Driller (Heavy Rig) | | ... | By promotion from amongst substantively appointed Air Compressor, Driver and Air Compressor-cum-Truck/ Tractor Driver who have completed seven years Service, as such, on the first day of the year of recruitment. | | (14) | Air Compressor Driver. | | ... | By promotion from amongst substantively appointed Driller, Assistant Driller and Blaster who have completed three years Service as such, on the first day of the year of recruitment and who also possessed a valid driving licence for heavy vehicle for the period of not less than three years preceding the first day of the year of recruitment. | | (15) | Air Compressor-cum-Truck/Tractor Driver | | (16) | Driller (in Well Rig) | | ... | By direct recruitment. | | (17) | Driller | | (18) | Assistant Driller | | (19) | Blaster | ### 6. Reservation. - Reservation for the candidate belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment. Part IV – Qualification ------------------------- ### 7. Nationality. - A candidate for direct recruitment to a post in the Service must be- (a) a citizen of India; or (b) a Tibetan refugee who came over to India before 1st January, 1962 with the intention of permanently settling in India; or (c) A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African Countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India: Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government: Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh: Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond the period of one year shall be subject to his acquiring Indian citizenship. Note. - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour. ### 8. Academic qualifications. - A candidate for direct recruitment to the various posts in the Service must possess the following qualifications : | | | | | | --- | --- | --- | --- | | Post | | | Qualification | | (1) Mechanical (Supervisor) (2) Mechanic (Electrical) (3) Mechanic (Mechanical) (4) Mechanic (Diesel) (5) Mechanic | | ... | (1) Must have passed High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto. (2) Must possess a Certificate in the requisite trade from an Industrial Training Institute recognised by the Government. (3) Must possess one year experience of working in the trade either in a Government Department or a semi-Government Organisation or in a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government. | | | | | (6) Electrician-cum-Welder (7) Mechanic-cum-Fitter (8) Fitter-cum-Electrician (9) Welder-cum-Operator | | ... | (1) Must have passed High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto. (2) Must possess a Certificate in the trade of Machinist or Fitter or Motor Mechanics or Tractor Mechanic or Lathe Work or Welding or Internal Cumbustion Engine or Electrician from an Industrial Training Institute recognised by the Government. | | | | | (10) Driller (in Well Rig.) (11) Driller (12) Assistant Driller (13) Blaster | | ... | (1) Must have passed High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto. 2) Must possess a Certificate in the trade of Electrician or Fitter or Smith or Machinist or Internal Combustion Training Institute recognised by the Government. | | | | ### 9. Preferential qualification. - A candidate who has- (1) served in the Territorial Army for a minimum period of two years; or (2) obtained a 'B' certificate of National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment. ### 10. Age. - A candidate for direct recruitment must have attained the age of twenty-one years and must not have attained the age of thirty-two years on the first day of July of the calendar year in which vacancies are notified under Rule 14 : Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time, shall be greater by such number of years as may be specified. ### 11. Character. - The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government Service. The appointing authority shall satisfy itself on this point. Note. - Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government, shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible. ### 12. Marital status. - A male candidate who has more than one 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 Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule. ### 13. Physical fitness. - No candidate shall be appointed to a post in the Service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to submit a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10, contained in Chapter III of the Financial Hand-Book Volume II, Part III : Provided that a Medical Certificate of fitness shall not be required from a candidate recruited by promotion. Part V – Procedure for Recruitment ------------------------------------ ### 14. Determination of vacancies. - The 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 and other categories under Rule 6. The vacancies for direct recruitment shall be notified to the Employment Exchange. The appointing authority may also invite application directly from the persons who have their names registered in the Employment Exchange. For this purpose, the appointing authority shall issue an advertisement in local daily newspaper besides pasting the notice for the same on the notice board. All such applications shall be placed before the Selection Committee. ### 15. Procedure for direct recruitment. (1) For the purpose of direct recruitment there shall be constituted a Selection Committee constituted as follows: | | | | | | --- | --- | --- | --- | | (i) | Appointing authority | ... | Chairman | | (ii) | An officer belonging to the Scheduled Castes or Scheduled Tribes, nominated by the District Magistrate, if the appointing authority does not belong to Scheduled Castes or Scheduled Tribes. If the appointing authority belongs to Scheduled Castes or Scheduled Tribes, an officer belonging to Scheduled Castes or Scheduled Tribes, to be nominated by the District Magistrate. | ... | Member | | (iii) | Two officers nominated by the appointing authority, one of whom shall be an officer belonging to minority community and the other of backward class. If such suitable officers are not available in his department or organisation, such suitable officers shall on the request of the appointing authority be nominated by the District Magistrate and on his failure to do so, by reason of non-availability of suitable officers, such officers shall be nominated by the Divisional Commissioner. | ... | Member | (2) The Committee shall scrutinize the applications and shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates who fulfil the requisite qualifications as they consider proper. (3) The Selection Committee shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the Committee shall arrange their names in order of merit on the basis of their general suitability to the Service. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of vacancies. The Selection Committee shall forward the list to the appointing authority. ### 16. Procedure for recruitment by promotion. (1) Recruitment by promotion shall be made on the basis of seniority subject to the rejection of unfit through the Selection Committee comprising- | | | | --- | --- | | (i) Appointing Authority | ... Chairman | | (ii) Two officers nominated by the appointing authority | ... Members | (2) The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986 and place the same before the Selection Committee along with their character rolls and such other records pertaining to them, as may be considered proper : Provided that where there are two or more feeding cadres- (a) the names of the candidates shall be arranged in the eligibility list in order of the date of their substantive appointment in their respective cadres; (b) if the date of their substantive appointment in the feeding cadre are the same, the candidates belonging to the cadre bearing higher pay scale shall be placed higher in the eligibility list. (3) The Selection Committee shall consider the cases of the candidates on the basis of the records, referred to in sub-rule (2), and if it considers necessary, it may interview the candidates also. (4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority. ### 17. Combined select list. - If, in any year of recruitment, appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of the 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 appointments by taking the names of candidates in the order in which they stand in the lists prepared under Rule 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 selections are made from both the sources and a combined list is prepared in accordance with Rule 17. (3) If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as 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 on substantive appointment to a post in the Service shall be placed on probation for a period of two years. (2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases, specifying the date up to which the extension is made: Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstance beyond two years. (3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation, that a probationer has not made sufficient use of his opportunities, or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any posts, his services may be dispensed with. (4) A probationer who is reverted or whose Service are dispensed with under sub-rule (3) shall not be entitling to any compensation. (5) The appointing authority may allow continuous Service, rendered in a post included in the cadre of any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation. ### 20. Confirmation. (1) Subject to the provisions of sub-rule (2), a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if- (a) he has undergone the training successfully and passed departmental examination, if any; (b) his work and conduct is reported to be satisfactory; (c) his integrity is certified; (d) the appointing authority is satisfied that he is otherwise fit for confirmation. (2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants' Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that the person concerned has successfully completed the probation, shall be deemed to be the order of confirmation. ### 21. Seniority. - Except as hereinafter provided, the seniority of persons substantively appointed in any category of posts shall be determined in accordance with the Uttar Pradesh Government Servants' Seniority Rules, 1991, as amended from time to time. Part VII – Pay etc. --------------------- ### 22. Scale of pay. (1) The scale of pay admissible to persons appointed to a post in the Service shall be such as may be determined by the Government from time to time. (2) The scales of pay at the time of the commencement of these rules are given in the Appendix. ### 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, and second increment after two years' Service when he has completed the probationary period and is also confirmed : Provided that, if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise. (2) The pay during probation of a person who was already holding a post under the Government shall be regulated by the relevant Fundamental Rules : Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government Servants generally serving in connection with the affairs of the State. ### 24. Criteria for crossing efficiency bar. - No person shall be allowed to cross the efficiency bar unless his work and conduct is found to be satisfactory and unless his integrity is certified. Part VIII – Other Provisions ------------------------------ ### 25. Canvassing. - No recommendation, either written or oral, other than those required under the rules applicable to the post, 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. ### 26. Regulation of other matters. - In regard to the matter not specifically covered by these rules or special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 27. Relaxation in the conditions of Service. - Where the State Government is satisfied that the application of any rule regulating the conditions of Service of person appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject such conditions as it may consider necessary for dealing with the case in a just and equitable manner. ### 28. Savings. - Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard. Appendix [See Rules 4(2) and 22(2)] | | | | | | --- | --- | --- | --- | | Sl. No. | Name of post | No. of posts | Scales of pay | | Permanent | Temporary | Total | | 1 | 2 | 3 | 4 | 5 | 6 | | 1. | Mechanic | 9 | - | 9 | 1400-40-1800-E.B.-50-2,300. | | 2. | Driller (Heavy Rig) | 24 | - | 24 | 1,400-40-1,800-E.B.-50-2,300. | | 3. | Mechanic (Workshop) | 1 | 4 | 5 | 1,350-30-1,440-40-1,800-E.B.-50-2200. | | 4. | Operator | - | 47 | 47 | 1,200-30-1,560-E.B.-40-2,040. | | 5. | Air Compressor Driver | 16 | 2 | 18 | 975-25-1,150-E.B.-30-1,660. | | 6. | Air Compressor-cum-Truck/Tractor Driver | 55 | 19 | 74 | 975-25-1,150-E. B.-25-1,600. | | 7. | Mechanical Supervisor | 14 | - | 14 | 975-25-1,150-E. B.-30-1,660. | | 8. | Mechanic (Electrician) | 1 | - | 1 | 975-25-1,150-E. B.-30-1,660. | | 9. | Mechanic (Diesel) | 1 | - | 1 | 975-25-1,150-E.B.-30-1,660. | | 10. | Mechanic | 2 | - | 2 | 975-25-1,150-E.B.-30-1,660. | | 11. | Mechanic (Mechanical) | 114 | - | 114 | 975-25-1,150-E.B.-30-1,660. | | 12. | Driller (in Well Rig) | 40 | 2 | 42 | 950-20-1,150-E.B.-25-1,500. | | 13. | Driller | 12 | - | 12 | 950-20-1,150-E.B.-25-1,500. | | 14. | Assistant Driller | - | 22 | 22 | 950-20-1,150-E.B.-25-1,500. | | 15. | Blaster | 49 | - | 49 | 950-20-1,150-E B.-25-1,500. | | 16. | Electrician-cum-Welder | - | 2 | 2 | 950-20-l,150-E.B.-25-1,500. | | 17. | Mechanic-cum-Fitter | - | 2 | 2 | 950-20-1,150-E.B.-25-1,500. | | 18. | Fitter-cum-Electrician | 2 | - | 2 | 950-20-1,150-E.B.-25-1,500. | | 19. | Welder-cum-Operator | 12 | 3 | 15 | 950-20-1,150-E.B.-25-1,500. |
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State of Bihar - Act ---------------------- The Bihar Electricity Duty Rules, 1949 ---------------------------------------- BIHAR India The Bihar Electricity Duty Rules, 1949 ======================================== Rule THE-BIHAR-ELECTRICITY-DUTY-RULES-1949 of 1949 ---------------------------------------------------- * Published on 10 February 1949 * Commenced on 10 February 1949 The Bihar Electricity Duty Rules, 1949 Published vide Notification No. 2240-F.I., dated the 10th February, 1949 Notification No. 2240-F.I., dated the 10th February, 1949. - In exercise of the powers conferred by sub-section (2) of Section 10 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar, is pleased to make the following Rules, the same having been previously published as required by subsection (1) of the said Section, namely :- Chapter I Short Title, Definitions --------------------------------------- ### 1. Short title. - These Rules may be called the Bihar Electricity Duty Rules, 1949. ### 2. Definitions. - In these Rules, unless, there is anything repugnant in the subject or context- (a) "The Act" means the Bihar Electricity Duty Act, 1948; (b) "assessee" means a licencee or any other person who is liable to pay duty under the Act; (c) "circle" means a unit of Commercial Taxes administration created under the relevant provisions of Sales Tax Law of the State of Bihar for the time being in force. "(cc) "Sub-circle" means a unit of Commercial Administration created under the relevant provisions of the Sales Tax Law of the State of Bihar for the time being in force." (d) "Form" means a Form appended to these Rules; (e) "Government Treasury" means in relation to an assessee; the Treasury or Sub-treasury specified in the certificate of registration granted to him under Rule 4; (f) "Inspecting officer" means the Commissioner of Commercial Taxes, the Additional Commissioner of Commercial Taxes, the senior Joint Commissioner of Commercial Taxes, the Joint Commissioner of Commercial of Taxes, the Deputy Commissioner of Commercial Taxes, the Additional Deputy Commissioner of Commercial Taxes, the Appellate Assistant Commissioner of Commercial Taxes, the Additional appellate, Assistant Commissioner of Commercial Taxes, Assistant Commissioner of Commercial Taxes, Additional Assistant Commissioner of Commercial Taxes, the Superintendent of Commercial Taxes, the Additional Superintendent of Commercial Taxes, the Assistant Superintendent of Commercial Taxes or the Additional Assistant Superintendent of Commercial Taxes (hereinafter referred to as the Commissioner, the Additional Commissioner, the Deputy Commissioner, the Additional Deputy Commissioner, the Joint Commissioner, the Appellate Assistant Commissioner, the Additional Appellate Assistant Commissioner, the Assistant Commissioner, Additional Assistant Commissioner, the Superintendent the Additional Superintendent, the Assistant Superintendent and the Additional Assistant Superintendent respectively or any other officer appointed by the State Government to discharge the functions of an Inspecting Officer or prescribed authority under all or any of the provisions of the Act, or these Rules; (g) "Section" means a Section of the Act; (h) [ "Superintendent" includes Additional Superintendent.] [Substituted by Notification No. MS/12/66-12961 F.T. dated 15.11.1966.] Chapter II Registration ---------------------------- ### 3. [ Application for registration. [Substituted by Bihar Notification No. S.O. 261, dated 7.11.2017 (w.e.f. 10.2.1949).] (1) An application for registration shall be electronically filed at the official website of the commercial taxes department by every assessee in Form I, within a month of his incurring liability to pay duty under this Act, or within a month of the date of the publication of this rules in the official Gazette or of the date of engagement in the business of generating or supply energy or the date of generating or consuming energy by such assessee, whichever is later. (2) The application shall be signed by the assessee, or by an authorised agent on his behalf and shall after being verified in the manner indicated therein be submitted along with the documents specified in the said From at the official website of the commercial taxes department.] ### 4. [ Grant of certificate of registration. [Substituted by Notification No. MS/12/66-12961 F.T. dated 15.11.1966 and came into force from 1.4.1965.] - [(1) When the appropriate authority after making such enquiry as he considers necessary, is satisfied that the applicant has given all the required information and that the application, is in order, he shall, register the applicant and grant him a certificate of registration in Form II which shall be made available to be applicant on the official website of the commercial taxes department.] (2) If upon information which has come into his possession the appropriate authority referred to in sub-rule (2) of Rule 3, is satisfied that an assessee has been liable to pay duty under the Act, but has nevertheless wilfully failed to apply for registration, he shall, after giving him a reasonable opportunity of being heard, register him and grant him a certificate of registration.] ### 5. [ Amendment and cancellation of registration. [Substituted by Notification No. MS/12/66-12961 F.T. dated 15.11.1966 and came into force from 1.4.1965.] (1) If any assessee- (a) discontinues to generate or distribute energy; or (b) install a new plant or makes any extention of the existing plant which is likely to result in the increased production of energy; or (c) sells or otherwise disposes of his business or any part of his business or effects any other change in the ownership, name or style of business; he; or if he is dead, his legal representative, shall within a period of one month of such discontinuance, installation, extension, sale or change, submit a report to that effect to the appropriate authority referred in sub-rule (2) of Rule 3. (2) (i) When the appropriate authority referred to in sub-rule (2) of Rule 3, receives an application under sub-rule (1) for the amendment of the certificate of registration, he shall after making such enquiry as he thinks fit, amend the certificate. (ii) When the appropriate authority referred to in sub-rule (2) of Rule 3, receives an application for the cancellation of a certificate of registration, or is otherwise satisfied that the registration certificate of an assessee should be cancelled, he shall after making such enquiry as he thinks fit and, on payment by the assessee of the duty, due from him, by order, cancel the certificate with effect from the date specified in the order.] Chapter III Payment of Duty and Submission of Return --------------------------------------------------------- ### 6. [ Payment of Duty. [Substituted by S.O. 71 dated 5.9.2007.] - Every assessee shall pay the full amount of the duty due from him within one calendar month of the month to which the duty relates.] ### 7. Method of payment. (1) Every assessee shall pay the full amount of duty due from him into the Government Treasury. No payment of any duty shall be accepted at the office. (2) [ The challan for payment of duty shall be in Form IV and it shall be in five copies. The portion of the challan marked "Original" shall be sent by the Treasury Officer to the officer Incharge of the Circle, the portion marked 'Duplicate' shall be retained by the Treasury Officer and the portion marked 'Triplicate and Quadruplicate' shall be returned to the payer after being duly receipted and the copy marked "for the circle" shall be forwarded by the bank to the Circle Incharge. The payer shall annex the portion marked 'Quadruplicate' with the return as required to be furnished by him under the Act.] [Substituted by S.O. 71 dated 5.9.2007.] (3) [ Notwithstanding anything contained in the Rules a registered assessee shall make payment of any duty or interest or penalty under the Act into any branch of the State Bank of India or any other Nationalized Bank or any other authorized Bank in electronic manner through the official website of the Commercial Taxes Department.] [Added by Bihar Notification No. S.O. 261, dated 7.11.2017 (w.e.f. 10.2.1949).] ### 8. Submission of challans with returns. - Every assessee shall, while submitting the return in Form III as required by Rule 9, attach to it the quadruplicate copy of the challan, referred to in Rule 7. ### 9. [ Submission of Returns. [Substituted by Notification No. 1285 F.T. dated 4.2.1967.] - Every assessee shall submit to the appropriate inspecting authority of the Circle or sub-Circle as the case may be, a return in Form III, within two calendar months from the expiry of the month to which the return relates. The return shall be verified in the manner indicated therein and shall be signed by the assessee or by his authorised agent. When an assessee holds more than one licence, separate returns shall be submitted in respect of each licence.] ### 9A. Submission of return by an assessee having more places of business than one. - [(1) Notwithstanding anything contained in Rule 9, where an assessee holds more than one licence or is registered in more than one circle, the Commissioner may, by order in writing, direct that such assessee shall, instead of submitting separate returns in Form III in respect of each such circle, submit the same to such inspecting officer as may be specified in the order and may, likewise, vary modify, or annul such order.] [Substituted by Notification No. 1285 F.T. dated 4.2.1967.] (2) The assessee in respect of whom, an order has been passed under sub-rule (1), shall be deemed to be an assessee of the circle in which he has been permitted to submit returns for the purposes of the Act, or these Rules. ### 10. Rebate. - An assessee who submits proper return and deposits the amount of duty payable according to such return in the prescribed manner and within the prescribed time limit shall be allowed a rebate at the rate of one per centum on the amount of duty payable and the assessee may while making the payment deduct the amount of rebate admissible under this Rule from the amount of duty payable by him. ### 11. [ Manner of adjustment of duty and reduction of liability. [Substituted by S.O. 71 dated 5.9.2007.] (1) in a series of sales of electrical energy the amount that qualifies for adjustments at each subsequent stage of sale shall be the amount arrived at after applying the following formula:- A = DP x (PU - EU - LT) + PU Where, A = The amount of adjustment available to the subsequent seller of electrical energy in respect of sale of such electrical energy as has beer purchased by him after payment of duty thereon; DP = The amount of duty paid by the subsequent seller to the preceding seller on purchase of electrical energy from the preceding seller; PU = The total number of units of electrical energy purchased by the subsequent seller from the preceding seller after payment of duty thereon; EU = The total number of units of such electrical energy sold by the subsequent seller that fulfill the following conditions;- (a) the sale is exempt under sub-section (2) of Section 3, and (b) the said exempt sale is effected from such electrical energy as has been purchased by the subsequent seller after payment of duty thereon; and LT = The total number of units of electrical energy lost in transmission to the subsequent seller: Provided that in case the adjustment, computed as aforesaid, exceeds the duty payable by the subsequent seller, no duty shall be payable by the subsequent seller and such excess shall not be carried forward for adjustment against the duty payable by the said subsequent seller in respect of any subsequent month. (2) (a) Every subsequent seller shall provide to the preceding seller a certificate in the following form:- Counterfoil/Original/Duplicate Name and Style of the subsequent seller: Complete Address of the subsequent seller: Registration Number of the subsequent seller: Period (month and year): Certificate Certified that I/We have sold........... (specify number) units of energy which is exempt under sub-section (2) of Section 3 of the Bihar Electricity Duty Act, 1948, out of the total units of electrical energy purchased from you during......... (specify month and year). The details of such sale are as under- | | | | --- | --- | | Sale to | Number of units sold | | | | | Total | | | | | | --- | --- | | Place : | Signature | | Date : | Designation | | | Officer seal | (b) The certificate referred to in clause (a) shall be signed by the person competent to sign the return required, by the Act, to be furnished by the subsequent seller and shall be provided separately in respect of every month. (c) The said certificate in respect of any month shall be in triplicate and shall be provided to the preceding seller before the expiry of the fifteenth day of the month following the month to which it relates. The copy marked "Counterfoil" shall be retained by the subsequent seller issuing the certificate and the copies marked "Original" and "Duplicate" shall be made over to the preceding seller who shall annex the copy marked "Duplicate" and shall enclose the copy marked "original", with his return for the subsequent month. (3) The reduction in liability under the proviso to sub-section (2) of Section 4A shall be the amount arrived at after applying the following formula:- R = E + S x D Where, R = The reduction in liability under the proviso to sub-section (2) of Section 4A available to the preceding seller; E = The total number of units of such electrical energy sold by the subsequent seller that fulfill the following conditions:- (a) the sale is exempt under sub-section (2) of Section 3 and in support of which the certificate required under sub-rule (2) is enclosed with the return, and (b) the said exempt sale is effected from such electrical energy as has been purchased by the subsequent seller after payment of duty thereon; S = The total number of units of electrical energy sold to the subsequent seller during the previous month; and D = The amount of duty on sale of electrical energy by the preceding seller to the subsequent seller during the previous months.] ### 11A. [ Prescribed authority under Section 5-A. [Substituted by Notification No. M.S.-12/66-12961 F.T. dated 15.11.66.] - Assistant Commissioner or Superintendent or Assistant Superintendent, shall be, the prescribed authority for the purpose of sub-section (1) of Section 5-A.] Chapter IV Powers and Duties of Inspecting Officers -------------------------------------------------------- ### 12. Assessment. (1) If the Assistant Commissioner, or Superintendent, or the Assistant Superintendent is satisfied without requiring the presence of the assessee or production by him of any evidence that the return furnished in respect of any period is correct and complete, he shall assess the amount of duty due from the assessee on the basis of such a return. (2) If the Assistant Commissioner, or Superintendent, or Assistant Superintendent, is not satisfied without requiring the presence of the assessee or production of evidence that the return furnished in respect of any period is correct and complete, he shall serve a notice in form V on such assessee requiring him on a date and at a place to be specified therein, either to attend in person or to produce or cause to be produced there any evidence on which the assessee may rely in support of such a return. (3) On the date specified in the notice or as soon afterwards as may be, the Assistant Commissioner, or Superintendent, or the Assistant Superintendent after hearing such evidence as the assessee may produce and such other evidence as the Assistant Commissioner, or superintendent, or the Assistant Superintendent may require on specified point, shall assess the amount of duty due from the assessee. (4) If the assessee fails to make a return or having made the returns fails to comply with all the terms of the notice issued under sub-rule (2), or to produce any evidence required under sub-rule (3), the Assistant Commissioner, or Superintendent or the Assistant Superintendent, shall, after giving the assessee a reasonable opportunity of being heard, assess to the best of his judgement, the amount of duty, if any, due from the assessee. ### 13. [ Notice of demand. [ Substituted by Notification No. M.S.-12/66-12961 F.T. dated 15.11.66.] - If any sum is payable by an assessee under the provisions of the Act, the Assistant Commissioner, or Superintendent, or Assistant Superintendent, shall serve a notice in Form VI and shall also fix a date on which the assessee shall produce a copy of the challan in proof of any payment made by him of such sum.] ### 14. [ Appeal, Revision and Review.] [Substituted by S.O. 388 dated 23.3.1978.] (1) An appeal against an order of assessment, with or without penalty shall lie to the Deputy Commissioner. (2) An application for the Revision of an appellate order passed by the Deputy Commissioner, in sub-rule (1), shall lie to the Joint Commissioner. (3) An application for Revision of an order passed by the Joint Commissioner under sub-rule (2), shall be presented to the Tribunal. (4) The application for the Revision of any order passed under the Act or these rules, other than an order of assessment with or without penalty or an order passed under sub-rules (1) or (2) of this Rule shall be presented- (a) to the Deputy Commissioner, if the order sought to be revised is one, passed by any authority not above the rank of Assistant Commissioner. (b) to the Joint Commissioner, if the order sought to be revised is one passed by the Deputy Commissioner. (c) to the Commissioner, if the order sought to be revised is one passed by the Joint Commissioner. (d) to the Tribunal, if the order sought to be revised is one passed by the Commissioner. (4A) [ Any appeal or proceeding relating thereto, or any Revision pending Appellate Assistant Commissioner or any Revision against appellate order or any other order passed by the Appellate Assistant Commissioner pending before the Deputy Commissioner under this Act or Rules, on the date of commencement of this sub-rule shall not after the commencement of this sub-rule, be continued and disposed of by the said authorities and they shall be deemed to have been transferred to the Deputy Commissioner or joint Commissioner, as the case may be, and shall be initiated and disposed of, or continued or disposed of by the said authorities as provided in this Rule.] [Substituted by S.O. 388 dated 23.3.1978.] (5) [ The Commissioner may, of his own motion, revise any order passed by any authority subordinate to him.] [Substituted by S.O. 330 dated 18.4.1970.] (5A) [ An appellate or revisional authority may, on application, stay recovery of any amount payable under the Act, in respect of which an appeal or revision has been entertained by the said authority after obtaining, if necessary, a report from the Additional Superintendent or Assistant Superintendent Incharge of the sub-circle, if the dues relate to a sub-circle and from the Assistant Commissioner or Superintendent of the Circle in other cases: Provided that such an application shall not be entertained unless it is filed before the expiry of three months from the date the appeal or revision is filed.] [Substituted by S.O. 388 dated 23.3.1978.] (6) An appeal or application for revision shall be filed within thirty days of the date of communication of the order which is appealed against or sought to be revised; but the authority to whom the appeal or application in revision lies may admit it after the expiration of the said period, if the said authority is satisfied that the appellant or applicant had sufficient cause for not presenting the appeal or application within the said period. (7) A memorandum of appeal and application for revision shall be in writing and shall specify the name and address of the person filing the appeal or application for revision, the registration number, the date of the order appealed against or the date of the appellate order, as the case may be, the name and designation of the officer who passed the order and shall contain a clear statement of the facts and nature of the relief prayed for and shall be verified and signed by the person filing the appeal or application or by his authorised agent. Every such memorandum of appeal and application for revision shall be presented in triplicate, shall be accompanied by a certified copy of the order appealed against or the appellate order of which Revision is sought, as the case may be, and shall be- (a) presented to the appellate or revisional authority, as the case may be, by the person filing the appeal, or application or by his authorised agent; or (b) sent by registered post to the appellate or revisional authority, as the case may be. (8) The following fees shall be payable on appeals and applications for revision, namely:- | | | | | --- | --- | --- | | (i) | Upon a memorandum of appeal against an order of assessment of duty or imposition of penalty or both passed under the Act or these Rules or an application for revision of an appellate order. | Five percentum of the amount in dispute subject to a minimum of rupee one and a maximum of rupees fifty. | | (ii) | Upon an application for revision of any other order. | Rupees three. | Provided that no fees shall be payable in respect of any appeal or application filed by or on behalf of the State Government. (8A) [ The fees payable under sub-rule (8) , shall be deposited into the Government Treasury under head. [XIII-Other Taxes and Duties- B-Receipts from Electricity Duties-Duty under the Bihar Electricity Duty Act.] [Inserted by S.O. 831 dated 30.10.1968.] ] (9) Where an authority reviews under sub-section (4) of Section 9A, an order passed by it under the Act, or these Rules, it shall record its reasons in writing for doing so. (10) Save with the previous sanction of the Commissioner recorded, in writing an order, other than order passed by the Commissioner, shall not be reviewed more than twelve months after the date of the passing of the order which is sought to be reviewed. (11) No authority below the rank of Commissioner, shall Review an order which has been passed by its predecessors in office, except with the previous sanction of the Commissioner. Explanation. - For the purpose of this rule, the expression 'Deputy Commissioner' shall include 'Additional Deputy Commissioner'. ### 14A. [ Grant of copy of orders passed by an Inspecting Officer.] [Substituted by S.O. 1202 dated 8.10.1975.] (1) A searching fee of twenty five paise in adhesive court fees stamps shall be levied in all cases, provided that no searching fee shall be charged when papers, of which copies are required, have not been deposited in the Record Room of the Inspecting Officer. (2) On receipt of the application the assessee shall be informed of the amount of court fees stamps required, under the provisions of sub rule (8), for the supply of the copy. On payment of the requisite amount of court fee stamps by the assessee, a certified copy of the order shall be prepared and granted to him. (3) The following fees shall be payable for the grant of copies, namely:- | | | | | --- | --- | --- | | | | Rs. | | 1. | Application for certified copy (Ordinary) | 1.50 | | 2. | Application for certified copy (Urgent) | 4.00 | | 3. | Copying fee for every 150 words or less (Ordinary) . | 0.59 | | 4. | Copying fee for every 150 words (Urgent) | 1.00 | | 5. | Authentication fee (Ordinary) | 1.50 | | 6. | Authentication fee (Urgent) | 1.50 | | 7. [ [See now new postal charges for registered post.] | Application for certified copy by registered post. | 10.00] | | | | (through Treasury challan) | | 8. | On memo, appeal against or assessment or penalty of an application for Revision of an appellate order. | 7 ½ per cent of the amount in dispute subject to a minimum of Rs. 5.00 and maximum of Rs. 100 | | | | (In Treasury challan). | | 9. | Application for Revision of any other orders. | 5.00 | | 10. | Application for registration | 2.00 | | 11. | Application for registration of registration certificate. | 2.00 | | 12. | Application for extension of time in a proceeding. | 2.00 | | 13. | Application for extension of time for payment of tax assessed or a penalty imposed. | 2.00 | | 14. | Miscellaneous application for relief. | 2.00 | ### 15. [ Refund. [Rules 15 & 15A Substituted by Notification No. Ms-12/6&-12961 F.T. dated 15.11.1966 and (w.e.f. 1.4.1965).] (1) [Subject to the proviso to sub-rule(1) of rule 11, if] the authority referred to in sub-rule (2) is satisfied upon a claim, made in this behalf by any assessee, that the duty or penalty or both paid by him or on his behalf was one with which he should have not been properly charged or which is in excess of the amount payable by him, he shall allow a refund of the amount improperly charged or paid in excess, to such assessee, or in case in death of such assessee, to his legal representative: Provided that no claim for the refund of any duty or penalty or both shall be entertained unless it is made within six months of the date of the passing of the order or assessment or within three months of the date of final order passed in appeal or revision whichever is later. (2) The following authority shall allow the refund- (a) The Superintendent of the Circle or the Additional Superintendent or Assistant Superintendent incharge of the sub-circle, if the amount to be refunded does not exceed Rs. 2,500. (b) The Assistant Commissioner of the Circle, [x x x x x] [Omitted by S.O. 388 dated 23.3.1978.] if the amount to be refunded exceeds Rs. 2,500 but does not exceed Rs. 5,000; and (c) The Joint Commissioner or Deputy Commissioner of the Division, if the amount to be refunded exceed Rs. 5,000. ### 15A. Refund payment order. - When an order of refund has been passed, the appropriate authority referred to in sub-rule (2) of Rule 15, shall issue a refund payment order in form VIII and forward it to the assessee for encashment at the Government Treasury. An advice of the refund payment order shall also be forwarded simultaneously to the Treasury Officer concerned.] ### 16. Power to enter premises and seize papers. - An Inspecting officer may, for carrying out the purpose of the Act, or these Rules, within the local limits of his Jurisdiction- (a) enter any premises which is used for generating or distributing energy or which contains any meter or other mechanical apparatus or any written record, register and accounts relating to the generation, distribution, sale or consumption of energy and it shall be the duty of the person in charge of such premises to give the Inspecting Officer facilities in discharging his functions; (b) call for from require any assessee to produce or cause to be produced before him any accounts or documents relevant to the generation, distribution, sale or consumption of energy; (c) seize accounts, registers or documents of the assessee, if there is good reason to believe that any assessee is attempting to evade the payment of any duty payable by him under the Act; Provided that whenever any accounts, registers or documents are seized, a receipt, shall be granted to the assessee for the same and the seized paper shall be retained only for so long as may be necessary for examination thereof, or for purposes of any prosecution. (d) issue from time to time instructions to assessees for the proper maintenance of registers and books of accounts showing generation, distribution, sale or consumption of energy; and it shall be the duty of the assessee to carry out all such instructions. ### 16A. [ Composition of offences under Section 8-A. [Inserted by Notification no. 5317-F.T. dated the 14th April, 1951 (w.e.f. 1.4.1951).] (1) The Commissioner shall be the prescribed authority for the purposes of Section 8-A. (2) Where the Commissioner accepts under Section 8-A a sum from any Licensee or other person by way of composition of any offence, he shall issue an order in Form VII, directing the licensee or other person; as the case may be, to deposit in the Government Treasury the amount of composition money within the period mentioned in the order. A copy of the order may be sent simultaneously to the [Assistant Commissioner or Superintendent of the circle, or the Additional Superintendent or Assistant Superintendent of the sub-circle, as the case may be] and the Treasury Officer for information. (3) The Commissioner shall fix a date on which the Licensee or other person shall produce before the [Assistant Commissioner or Superintendent of the circle or the Additional Superintendent or Assistant Superintendent of the sub-circle, as the case may be] [Substituted by S.O. 388 dated 23.3.1978.] , a receipted challan in proof of payment.] Chapter V Miscellaneous ---------------------------- ### 17. Reading of meters. - A Licensee shall in respect of energy liable to duty under the Act, cause the meter of every consumer to be read as far as possible on the same date in each month and maintain a record of the units of energy consumed in the month. The period between two such consecutive readings shall be reckoned as one month for the purpose of calculation of duty and submission of returns under Rule 9. ### 18. Adjustment. - In calculating the duty payable by a consumer the Licensee shall make the same allowances for incorrect meters, incorrect readings and leakages as those made in respect of his own charges. ### 19. Provision of meters. - Every assessee shall install and maintain separate, suitable and correct meters or sub-meters to register the quantities of energy generated, distributed, sold or consumed by him and shall likewise, cause meters to be installed and maintained in the premises of consumers for the correct registration of the quantities of energy consumed by such consumers: [Provided that where there is a combined meter for registering the quantities of energy, part of which is dutiable at any rate or at different rates and part is exempt, the assessee shall cause separate meters to be installed for registering the quantities of the different types of consumption separately:] [Substituted by Notification No. 23/66-1285 F.T. dated 4.2.1967.] Provided further that if any assessee satisfies the Assistant Commissioner or Superintendent of the circle, or the Additional Superintendent or Assistant Superintendent of sub-circle, as the case may be, that the installation and maintenance of such separate meters or sub-meters involve costs disproportionate to the amount of the duty leviable from him and furnishes to the Assistant Commissioner or Superintendent of the circle or the Additional Superintendent or Assistant Superintendent of sub-circle as the case may be, such data as, are in the opinion of the Assistant Commissioner or Superintendent, of circle, or the Additional Superintendent or Assistant Superintendent of the sub-circle, as the case may be, necessary for the assessment of the said duty he may assess the duty payable and exempt such assessee from the requirement of this rule. An assessee exempted under this proviso shall communicate to the Assistant Commissioner or Superintendent of circle, as the case may be, within one month any change in the data on the basis of which the duty payable by him was assessed ### 19A. [ Affixation of sale. [Inserted by Notification No. 12819-F.T. dated 10.11.1959.] - An Inspecting Officer, or any other person deputed by him for the purpose may affix one more seal or seals to any meter of sub-meter installed for the purposes of Rule 19 by any person, other than a Licensee, who generates energy for his own use or for the use of his employees.] ### 20. Books of accounts. (1) Every assessee shall maintain a record showing, amongst others, the following particulars, namely:- (a) Units of energy generated during the months; (b) Units of energy distributed during the months; (c) Units of energy consumed in premises used for residential or office purpose of an undertaking exempted from duty; (d) Units of energy supplied in metered premises; and (e) Units of energy supplied in unmetered premises. (2) A Licensee shall maintain or cause to be maintained records showing the following particulars, namely:- (a) the name and full address of the person to whom energy is supplied; (b) the units of energy supplied to each consumer having metered premises; (c) the number of bulbs with wattage used by each consumer in unmetered premises; (d) a clear account of energy consumed separately by each undertaking exempted from payment of duty; and (e) the amount of duty realised from consumers. ### 21. Notices. (1) Notices under the Act, or the Rules, may be served by any of the following methods, namely:- (i) by delivery or tender of a copy of the notice to the addressee, or his agent or other person duly authorised to receive notice on his behalf; (ii) by post: Provided that if upon an attempt having been made to serve any such notice by any of the above mentioned methods, the Inspecting Officer is satisfied that the addressee is keeping out of the way for the purpose of avoiding service or that, for any other reason, the notice cannot be served by any of the above mentioned methods, the said officer shall order the service of the notice by affixing a copy thereof, on some conspicuous part of the addressee's office or of the building in which his office or plant is located or where he habitually resides or upon some conspicuous part any place or residence or office last notified by the addressee such service shall be as effectual as if it had been made on the addressee personally. (2) When the serving officer delivers or tenders a copy of the notice to the addressee personally or to his agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to, an acknowledgement of service endorsed on the original notice. When the notice is served by affixing a copy thereof, in accordance with the proviso to sub-rule (1) the serving officer shall return the original to the authority which issued the notice with a report endorsed thereon or annexed thereto, stating that he so affixed the copy, the circumstances under which he did so and the name and address of the person, if any by whom the addressee's office or residence or the building in which his office or plant is or was located were identified and in whose presence the copy was affixed. The serving officer, shall also require the signature or thumb impression of the person identifying the addressee's office or residence or building to his report. (3) When service is made by post, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, the notice and, unless the contrary is proved, the service shall be deemed to have been effected at the time at which the notice would be delivered in the ordinary course of post. (4) The authority at whose instance the notice was issued shall if he is satisfied from the report of the serving officer or the postal acknowledgement or by taking such evidence as he deems proper that the notice has been served in accordance with this Rule record an order to that effect. If he is not satisfied that the notice has been properly served he may, after recording an order to that effect, direct the issue of a fresh notice. Chapter VI Penal Provisions -------------------------------- ### 22. Punishment. - Any person contravening any provision of these Rules, shall be, punishable with fine which may extend to one thousand rupees. Form I Application for Registration. (See Rule 3) To, The Superintendent of Commercial Taxes ........................Circle I............ son of............... on behalf of the assessee, whose particulars are detailed below, hereby apply for registration under rule 3 of the Bihar Electricity Duty Rules, 1949- ### 1. Name of the assessee: ### 2. Status (Whether individual, a Hindu undivided family firm, limited company, association of persons etc.) ### 3. Name and designation of the person in charge of management. ### 4. Nature of business (state whether generation, distribution, consumption or combination of any of these) ### 5. Location of generating plant. ### 6. Location of distributing plant. ### 7. Address of office or any other place where notices and communications should be ordinarily despatched- (a) Mohalla/Road (b) Village/town (c) Post Office (d) Revenue Thana (e) Sub-division ### 8. Boundary of the area of supply ### 9. State if the energy is supplied to consumers in metered or unmetered premises or both. ### 10. Complete list of other places of generation and/or distribution for which the assessee holds separate licence and for which separate application has been/will be made. ### 11. Total units generated during the previous year. ### 12. Books of accounts ordinarily maintained. ### 13. Particulars of persons having interest in the business in case of an assessee other than a company registered under the Indian Companies Act, 1913 (VII of 1913). | | | | | | | --- | --- | --- | --- | --- | | Serial No. | Name and parentage | Designation | Permanent address | Nature and extent of interest | | 1 | 2 | 3 | 4 | 5 | | | | | | | ### 14. I declare that t he above statements are true and complete to the best of my knowledge and belief. Dated the............19. Signature............. Designation......... Acknowledgement Received an application in Form I from.......... for registration under Bihar Electricity Duty Rules, 1949. Receiving Officer. Form II Certificate of Registration. (See Rule 4) Regn. No. .............. Circle............... This is to certify that the assessee, whose particulars are detailed below, has been registered under Rule 4 of the Bihar Electricity Duty Rules, 1949, on the........ of......... He is liable to pay duty for distribution and/or consumption of energy from........ ### 1. Name of the assessee- ### 2. Name of the person incharge of management ### 3. Nature of business- ### 4. Location of generating/distributing plant. ### 5. Name of the Treasury where the duty is to be deposited- Date Designation of the authority. [Form III] [Substituted by S.O. 71 dated 5.9.2007.] Return of duty payable under the Bihar Electricity Duty Act, 1948 (See Rule 9) Registration No. .................................................. Name and address of the assessee................. Status.................................................................... Location of office/place of business for which this return is filed.................................. Period for which return is filed............................ | | | | | | --- | --- | --- | --- | | | Particulars | Units | Value | | | (a) (i) Units generated (ii) Units purchased in bulk | | | | | (b) Units lost in transmission and transformation | | | | 2. | Balance units available for consumption or for sale. | | | | 3. | Units on which reduction is allowable under rule 11(3) to the first seller. | | | | 4. | Units of energy on which duty is not leviable under section 3(2) of the Act(furnish, as signed annexure to this return, details of energy sold/ consumed in respect of each of the clauses (a) to (f) of Section 3 (2) of the Act) | | | | 5. | Units sold or consumed on which duty is payable: | | | | | (a) Duty at the rate of 6% of the value of units consumed or sold | | | | | (b) Duty at the rate of 2 paise per unit of energy | | | | | (c) Total Duty | | | | 6. | Less adjustment allowable under rule 11(1) | | | | 7. | Less rebate at the rate of 1% under sub-section (5) of Section 4 | | | | 8. | Balance payable | | | | 9. | Amount paid: | | | | | (a) Draft No. and date/cheque No. and date/Cash | | | | | (b) Challan No. & Date | | | I declare that the above statements/particulars are true and complete to the best of my knowledge and belief. Date Signature Status Form IV Challan (P) (See Rule 7) \* Serial no. ......... of collection register.......... Sadar Treasury no. .......... for the month of......... † Original (to be returned by the Treasury Officer to the Superintendent of Commercial Taxes). Duplicate (to be retained in the Treasury). Triplicate (to be returned to the assessee for his own use). Quadruplicate (to be returned to the assessee for being forwarded to the Inspecting Officer). [XIII-Other Taxes and Duties-B-Receipts from Electricity Duties-Duty under the Bihar Electricity Duty Act, 1948.] [See now new head of account.] | | | --- | | Challan of duty paid to| Treasury/Sub-TreasuryBranch of[Imperial Bank of India] [Now State Bank.] ,| for the period............. | | | | | | | --- | --- | --- | --- | | By whom tendered. | Name of the assessee and Regn. No. | Payment on account of | Amount | | | | | Rs. | P. | | | | Total.... | | Rupees............ Paise.............(in words) Signature of depositor \* To be printed in the original copy only and will be filed in the Commercial Tax Office. † Original, duplicate, etc., will be printed in the respective copy of the form. Form V Notice of Hearing (See Rule 12) To | | | | | --- | --- | --- | | .... .... .... | .... | | | Regn. No. | .... | | | Mohalla/Road | .... | | | Village/Town | .... | | | Revenue Thana | .... | Thana No. ........ | | Subdivision | | | (a) Whereas, I am not satisfied without requiring your presence or production of evidence that return (s) furnished by you for the period mentioned below is/are correct and complete. I hereby require you to attend in person to produce or cause to be produced evidence on which you may rely in support of such return (s) at the following place and time according to the provisions of Rule 12(2) of the Bihar Electricity Duty Rules, 1949. (b) Whereas, you have not furnished returns for the period mentioned below you are hereby given an opportunity of being heard at the following place and time according to the provisions of rule 12(4) of the Bihar Electricity Duty Rules, 1949. (c) Whereas, on information which has come to my possession I am satisfied that you are liable to pay duty but have nevertheless wilfully failed to apply for registration, you are hereby given an opportunity of being heard at the following place and time according to the provision of Rule 5(2) of the Bihar Electricity Duty Rules, 1949. Period under reference .......................... Authority before whom to appear.......... Place of hearing...................................... Date.......................................................... Time.......................................................... Evidence required to be produced.- ### 1. Books of Accounts maintained under Section 5 of the Bihar Electricity Duty Act, 1948. ### 2. All other relevant documents and papers relating to and in support of the return required to be verified. ### 3. (Here enter any other paper and document required to be produced. | | | | --- | --- | | (Seal) | Signature.................... | | Date | Designation.................... | Form VI Notice of Demand (See Rule 14) Office.............. Date................ To | | | | | | --- | --- | --- | --- | | .... .... .... | .... | .... | .... | | Regn. No. | .... | .... | .... | | Mohalla/Road | .... | .... | .... | | Village/Town | .... | .... | .... | | Revenue Thana | .... | .... | .... | | Thana No. | .... | .... | .... | | Subdivision | .... | .... | .... | | | | --- | | Please take notice that whereas your| assessment proceeding filedappealpetition of revision| by you for the period specified hereunder has been duly disposed of, | you are hereby directed to deposit the following amount in the Government Treasury. | | | | | --- | --- | --- | | 1. | Date of disposal of | {| | | assessment proceedingappealpetition of revision | |- | 2. | Period under reference | |- | 3. | Amount of demand Less amount paid- | Rs. | P. |- | | Nett. demand/excess(in words) | |- | 4. | Last date of payment- | The.......... day of............. 19 |} N.B.-On default after the due date the amount will be recovered as arrears f land revenue. Signature Date.............. Designation [Form VII] [Inserted by Notification No. 5317-F.T. dated the 14th April 1951 (w.e.f. 1.4.1951).] Order directing an assessee to pay composition money under Section 8-A (See Rule 16-A) To, ................. Whereas, in accordance with the provision of Section 8-A of the Bihar Electricity Duty Act, 1948; your application for compounding of the offence committed under clause............ of Section 8 of the said Act has been accepted by me, you are hereby directed to deposit Rs. .......... (in words), the amount of composition money, in the Government Treasury at produce receipted challan in proof of payment before the Superintendent of Commercial Taxes............. Circle........... by............ (date) and report compliance to the undersigned. (Seal) Place..................... Date ..................... Commissioner of Commercial Taxes, Bihar [Form VIII] [Inserted by Notification No. 9360-F.T. dated the 21st August, 1952.] Refund Payment Order (See Rule 15A) | | | | | | | | --- | --- | --- | --- | --- | --- | | | Book No......... | | Book No..........Voucher No. ........ | | Book No.......... | | | Serial No.......... | | Serial No. of............. | | Serial No........ | | | Circle........ | | Circle......... | | List of payment for....... | | | [XIII-Other Taxes and Duties-B-Receipts from Electricity Duties-Duty under the Bihar Electricity Duty Act, 1948-Refunds. Counterfoil order for the refund of Electricity Duty.] [See now new head of account.] | | [XIII-Other Taxes and Duties-B-Receipts from Electricity Duties-Duty under the Bihar Electricity Duty Act, 1948-Refunds. Order for the refund of Electricity Duty (Payable at the Government Treasury within one month of the date of issue).] [See now new head of account.] | | [XIII-Other Taxes and Duties-B-Receipts from Electricity Duties-Duty under the Bihar Electricity Duty Act, 1948-Refunds. Order for the refund of Electricity Duty (Advice to Treasury Officer-Not to be cashed).] [See now new head of account.] | | | | | To, | | To, | | | | | The Treasury Officer…............................. | | The Treasury Officer…............................. | | 1. | Refund payable to assesee.......... | 1. | Certified with reference to the assessment record of....... for the period........ that a refund of Rs........ is due to........ of........ | 1. | Certified with reference to the assessment record of....... for the period...... that a refund of Rs........ is due to....... of.......... | | 2. | Style of business......... | 2. | Certified that the amount of Electricity Duty concerning which this refund is allowed has been duly credited to the Government Treasury. | 2. | Certified that the amount of Electricity Duty concerning which this refund is allowed has been duly credited to the Government Treasury. | | 3. | Registration of business......... | 3. | Certified that no refund order regarding the sum now in question has previously been granted and that this order of refund has been entered in the original file of assessment under my signature. | 3. | Certified that no refund order regarding the sum now in question has previously been granted and that this order of refund has been entered in the original file of assessment under my signature. | | 4. | Assessment record No......... | 4. | Please pay to....... the sum of Rs.......... (Rupees........) | 4. | A refund payment order for Rs........... has been issued to........ on the date of issue mentioned below. | | 5. | Date of order directing the refund-.......... | | | | | | 6. | Amount of refund-................. | | | | | | 7. | Number and date of challan by which the amount was credited......... Signature and designation of officer issuing the order, Treasury | | | | | | | Voucher No......... | | | | | | | Date of encashment in the Government Treasury........ | | Signature........ | | Signature........ | | | | | Designation........................ | | Designation........... | | | | | Encashment in the Treasury................... | | | | | | | Date................................... | | | | | | | Place.................................. | | | | | | | Pay Rupees............ only. | | | | | | | Treasury Officer,Received payment,Claimant’s signature | | | | | | | Date................. | | | | | Memo No........... | | Memo No.............. | | Memo No.......... | | | Date.......... | | Date of issue............ | | Date of issue............ | | | Forwarded to the Treasury Officer/Assessee, | | Forwarded to the (Assessee) for encashment. | | Forwarded to the Treasury Officer......... for information. | | | Designation of the Authority, | | Designation of the Authority, | | Designation of the Authority | Notifications S.O. 1314, dated 10th September, 1982. - In exercise of the powers conferred by Section 10 of the Bihar Electricity Duty Act, 1948 (Bihar Act 36 of 1948), the Governor of Bihar, is pleased to make the following amendments in the Bihar Electricity Duty Rules, 1949 the draft of which is hereby published as required by sub-section (1) of the said Section for information of the persons likely to be affected thereby and notice is hereby given that the said draft will be taken up for consideration on or after the 25th September, 1982. ### 2. Any objection or suggestion which may be received before the date specified above will be considered by the State Government. Amendments In the said Rules- (1) In clause (f) of Rule 2- (i) For the words "the Superintendent of Commercial Taxes, the Additional Superintendent of Commercial Taxes, the Assistant Superintendent of Commercial Taxes or the Additional Assistant Superintendent of Commercial Taxes", the words"Commercial Taxes Officer" shall be substituted. (ii) For the words "The Superintendent, the Additional Superintendent, the Assistant Superintendent and the Additional Assistant Superintendent", the words "Commercial Taxes Officer" shall be substituted. (2) Clause (h) of Rule 2 shall be omitted. (3) In sub-rule (2) of Rule 3- For the words "The Additional Superintendent or the Assistant Superintendent in-charge of the sub-circle" the words "Commercial Taxes Officer-in-charge of the sub-circle" shall be substituted and the word "Superintendent" appearing in the sixth line shall be omitted. (4) In Rule 11-A- For the words "Assistant Commissioner or Superintendent or Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted. (5) In sub-rule (1) of Rule 12- For the words "Assistant Commissioner or Superintendent or the Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted, (6) In sub-rule (2) of Rule 12- For the words "Assistant Commissioner or Superintendent or Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted. (7) In sub-rule (3) of Rule 12- For the words "Assistant Commissioner or Superintendent or the Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted. (8) In sub-rule (4) of Rule 12- For the words "Assistant Commissioner or Superintendent or the Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted. (9) In Rule 13- For the words "Assistant Commissioner or Superintendent or Assistant Superintendent" the words "Deputy Commissioner or Assistant Commissioner or Commercial Taxes Officer" shall be substituted. (10) In sub-rule (1) of Rule 14- For the words "shall lie to the Deputy Commissioner" the words "shall lie to the Joint Commissioner or the Deputy Commissioner specially authorised in this behalf" shall be substituted. (11) For sub-rule (2) of Rule 14 the following sub-rule shall be substituted, namely:- "An application for revision of an appellate order passed by the Joint Commissioner or Deputy Commissioner specially authorised in this behalf shall lie to the tribunal." (12) Sub-rule (3) of Rule 14 shall be omitted. (13) Clause (a) of sub-rule (4) of Rule 14 shall be omitted. (14) Clauses (b), (c) and (d) of sub-rule (4) of Rule 14 shall be respectively renumbered as clauses (a), (b) and (c). (15) For sub-rule (6-A) of Rule 14, the following sub-rule shall be substituted, namely:- (i) Any appeal or proceeding relating thereto filed and pending before the Deputy Commissioner since before the coming into force of these Rules will be deemed to have been filed and/or transferred to the Joint Commissioner or before the Deputy Commissioner specially authorised in this behalf to hear and dispose of the same, and any appeal relating to a period prior to the coming into force of these Rules shall after the enforcement of these Rules be filed before the Joint Commissioner or Deputy Commissioner specially authorised in this behalf. (ii) Any Revision against an appellate order filed and pending before the Joint Commissioner or a Revision against any other order filed and pending before the Deputy Commissioner since before the enforcement of these Rules shall be deemed to have been filed and/or transferred respectively to the Tribunal and Joint Commissioner and any Revision relating to a period prior to enforcement of these Rules against an appellate order, or against any other order passed by an authority not above the rank of Deputy Commissioner shall, after the enforcement of these Rules, be respectively filed before the Tribunal and the Joint Commissioner. (16) For sub-rule (5-A) of Rule 14, the following rule shall be substituted namely- "(5-A) An appellate or revisional authority may, on application stay recovery of any amount payable under the Act in respect of which an appeal or revision has been entertained by the said authority after obtaining, if necessary, a report from the Deputy Commissioner or Assistant Commissioner in-charge of the Circle or the Commercial Taxes Officer in-charge of the Sub-Circle to which the dues relate." (17) The explanation to Rule 14 shall be omitted. (18) For clause (a) of sub-rule (2) of Rule 15, the following clause shall be substituted, namely:- "(a) The Commercial Taxes Officer-in-charge of the Sub-Circle, if the amount to be refunded does not exceed Rs. 2,500. (19) In clause (b) of sub-rule (2) of Rule 15. the words "The Deputy Commissioner" shall be inserted in the first line after the first words "The Assistant Commissioner". (20) In clause (c) of sub-rule (2) of Rule 15 the words "or Deputy Commissioner" shall be omitted. (21) In sub-rule (2) of Rule 16-A for the words "Assistant Commissioner or Superintendent of the Circle or the Additional Superintendent or Assistant Superintendent of the Sub-Circle", the words "Deputy Commissioner or Assistant Commissioner of the Circle or the Commercial Taxes Officer-in-charge of the Sub-Circle" shall be substituted. (22) In sub-rule (3) of Rule 16-A, for the words "Assistant Commissioner or Superintendent of the Circle or the Additional Superintendent or Assistant Superintendent of the Sub-Circle", the words 'Deputy Commissioner or Assistant Commissioner of the Circle or the Commercial Taxes Officer-in-charge of the Sub-Circle" shall be substituted. (23) In the second proviso to Rule 19, the following proviso shall be substituted, namely :- "Provided further that if the assessee satisfies the officer-in- charge of the Circle or the Sub-Circle, as the case may be, that the installation and maintenance of such separate meters or sub- meters involve cost disproportionate to the amount of the duty leviable from him and furnishes to the said authority such data as are in its opinion be necessary for the assessment of the said duty, it may assess the duty payable and exempt such assessee from the requirements of this Rule. An assessee exempted under this proviso shall communicate to the said authority within one month any change in the data or datas on the basis of which the duty payable by him was assessed. (24) This notification shall be deemed to have come into force with effect from the 1st April, 1981. Form I Application for Registration (See Rule 3) To, The Deputy Commissioner/Assistant Commissioner of the Circle/Commercial Taxes Officer-in-charge of the sub-Circle I,.......... son of............ on behalf of the assessee whose particulars are detailed below, hereby apply for registration under Rule 3 of the Bihar Electricity Duty Rules, 1949 :- (1) Name of the assessee (2) Status (whether individual, Hindu undivided family, firm, limited company,, association of persons, etc.). (3) Name and designation of the person in charge of management. (4) Nature of business (state whether generation, distribution, consumption or combination of any of these). (5) Location of generating plant. (6) Location of distributing plant (7) Address of office or any other place where notices and communication should be ordinarily despatched. (a) Mohalla/Road (b) Village/Town (c) Post Office (d) Revenue Thana (e) Sub-division (8) Boundary of the area of supply (9) State if the energy is supplied to consumers in metered or unmetered premises or both. (10) Complete list of other places of generation and/or distribution for which the assessee holds separate licence and for which separate application has been/ will be made. (11) Total units generated during the previous year. (12) Books of accounts ordinarily maintained. (13) Particulars of persons having interest in the business in case of an assessee other than a company registered under the Indian Companies Act, 1913 (VII of 1913). | | | | | | | --- | --- | --- | --- | --- | | Serial No. | Name and parentage | Designation | Permanent address | Nature and extent of interest | | 1 | 2 | 3 | 4 | 5 | | | | | | | (14) I declare that the above statements are true and complete to the best of my knowledge and belief., Dated the................. Signature Designation Acknowledgement Received an application in Form I from........ for registration under Bihar Electricity Duty Rules, 1949. Notification No. 2588.-F.R. dated the 1st October, 1948. - In exercise of the powers conferred by sub-section (3) of Section 1 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948) the Governor of Bihar is pleased to appoint the 1st October, 1948, as the date on which the said Act shall come into force. Notification No. 2589-F.R. dated the 1st October, 1948. - In exercise of the powers conferred by sub-section (1) of Section 92 of the Government of India Act, 1935, as adopted by the India (Provisional Constitution) Order, 1947, the Governor of Bihar is pleased to direct that the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), shall apply to the Chhota Nagpur Division and to the Santhal Parganas District. Notification No. 2591-F.R., dated the 1st October, 1948. - In exercise of powers conferred by clause (vi) of the proviso to sub-section (1) of Section 3 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to declare that the units of energy consumed for the purposes specified in column 2 of the Schedule hereto annexed shall be deemed to be consumed for public purposes within the meaning of the said clause and that the units of energy consumed for such purposes shall be exempt from the payment of duty under the said Act, to the extent and subject to the conditions and exceptions specified in the corresponding entry in column 3 of the said Schedule. Schedule ---------- | | | | | --- | --- | --- | | Serial No. | Consumption of units of energy by specified authorities for the purposes. | Extent, conditions and exceptions. | | 1 | 2 | 3 | | 1. | By any local authority for the purpose of lighting any public streets. | To the extent of units of energy consumed by means of lamps within the meaning of clause (k) of Section 2 of the Indian Electricity Act, 1910 (IX of 1910.) | | 2. | By the Public Works Department for the purpose of the lift irrigation. | To the extent of units of energy consumed for lift irrigation. | Notification No. 11394-F.R., dated the 23rd August, 1949. - In exercise of the powers conferred by clause (vi) of the proviso to sub-section (1) of Section 3 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to declare that the unit of energy consumed for the purposes specified in column 2 of the Schedule hereto annexed shall be deemed to be consumed for public purposes within the meaning of the said clause and that the units of energy consumed for such purposes shall be exempt from the payment of duty under the said Act to the extent and subject to the conditions and exceptions specified in the corresponding entry in column 2 of the said Schedule. Schedule 2 ------------ | | | | | --- | --- | --- | | Serial No. | Purpose for which consumed | Conditions and exceptions | | 1 | 2 | 3 | | 1. | Lighting of public streets in the Bettiah Estate. | To the extent of units of energy consumed by means of public lamps within the meaning of clause (k) of Section 2 of the Indian Electricity Act, 1910 (IX of 1910). | Notification No. 3374-F.T., dated the 17th March, 1950. - In exercise of the powers conferred by clause (vi) of the proviso to sub-section (1) of Section 3 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to declare that the energy consumed for the purposes specified in column 2 of the Schedule hereto annexed shall be deemed to be the energy consumed for a public purpose within the meaning of the said clause and that no duty shall be levied on the units of energy consumed for such purposes subject to the conditions and exceptions specified in the corresponding entry in column 3 of the said Schedule. Schedule 3 ------------ | | | | | --- | --- | --- | | Serial No. | Purpose for which consumed | Conditions and exceptions | | 1 | 2 | 3 | | 1. | Lighting of public streets in the Bettiah Estate. | To the extent of units of energy consumed by means of public lamps within the meaning of clause (k) of Section 2 of the Indian Electricity Act, 1910 (IX of 1910). | Notification No. E.D.-23/50- 7327-F.T., dated the 4th July, 1952. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt the person specified in the second column of the Schedule hereto annexed from the payment of duty under the said Act on the sale of energy for the periods specified in the third column of the said Schedule subject to the conditions and exceptions set out in the corresponding entry in the fourth column. The Schedule | | | | | | --- | --- | --- | --- | | Serial No. | Name of the person | Period | Conditions and exceptions subject to which exemption has been allowed. | | 1 | 2 | 3 | 4 | | 1. | The Indian School of Mines and Applied Geology, Dhanbad. | From the 1st October, 1948 to the 31 December, 1951 (both days inclusive). | Provided that no duty has been recovered from the members of the staff and the students of the school in respect of the energy consumed by them. | S.O. 126, dated 6th February, 1980. - In exercise of the powers conferred by clause (a) of Section 2 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to confer the powers and duties of Commissioner mentioned in Column 2 of the Table appended hereto upon the authorities mentioned in Column 3 of the Table subject to the conditions and restrictions set out in Column 4 thereof:- Table | | | | | | --- | --- | --- | --- | | Serial No. | Section and sub-section of the Act under which the powers of Commissioner being conferred | Authority upon whom conferred | Condition and restrictions, if any | | 1 | 2 | 3 | 4 | | 1. | Sub-section (3) of Section 9-A read without sub-rule (5) of rule 14 (Power to revise orders on his own motion or on application) | Joint Commissioner of Commercial Taxes (Administration) of the Division. | The power shall be exercised in respect of orders passed by the officers below the rank of Joint Commissioner within the territorial jurisdiction. | ### 2. This notification shall come into force with effect from the date of issue. No. FD-3/64-12540-F.T. dated the 20th November, 1964. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt the units of electrical energy consumed by the Burmese Buddhist Temple, Kund Road, Rajgir, from payment of duty under Section 3 of the said Act, for the period from the 24th December, 1952 to April, 1955. No. ED.6/1965-9826-F.T. dated the 23rd August, 1965. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt the units of electrical energy consumed by the D.V.C. in the construction and maintenance of its electrical undertakings from payment of duty under clause (d) of sub-section (2) of Section 3 of the said Act. ### 2. This notification shall be deemed to have come into force with effect from the 1st January, 1964. S.O. 345 dated the 25th March, 1983. - In exercise of the powers conferred under Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act No. 36,1948), the Governor of Bihar is pleased to exempt from payment of Electricity Duty on electrical energy generated by diesel generation set installed for personal use. ### 2. This notification shall come into force with effect from 1st April, 1983. S.O. 785 dated 10th September, 1987. - In exercise of the powers conferred under Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act No. 36,1948) and in supersession of Notification No. S.O. 345, dated the 25th March, 1983 the Governor of Bihar is pleased to exempt from payment of Electricity Duty the electrical energy generated by Diesel/Petrol/Kerosene generating set of up to 5 K.V.A. capacity which is used for domestic purpose or personal use in a shop. ### 2. This notification shall come into force from the date of its issue. S.O. 1152, dated the 9th December, 1969. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt the class of persons specified in the second column of the Schedule hereto annexed from the payment of duty payable under the said Act for the period specified in the third column of the said Schedule, subject to the conditions and exceptions set out in the corresponding entries in the fourth column thereof. | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Class of persons | | Period | | Conditions and exceptions subject to which exemption has been allowed. | | 1 | 2 | | 3 | | 4 | | 1. | New Small-Scale Industries set up in the private sector and registered with the Department of Industries, Government of Bihar in terms of Government Resolution No. 10969, dated the 19th June, 1969 of the Department of Industries and Technical Education (industries including such units which have already been set up in the private sector within a period of five years from the date of issue of this notification as also their expansion or diversification programme,, if any or licensee or any other person who sells energy to such industry. | | For a period of five years from the date on which the new industry referred to in column 2 starts its production. In respect of industry which has already been set up before the date of issue of this notification but has not yet completed a period of five years from the date it was set up, the exemption shall be allowed for the remaining period of five years. | | The exemption shall be allowed only to the extent of the duty payable on the energy consumed in the production of goods for the recording of which there shall be a separate meter. Further the exemption shall be also subject to production of a certificate from the Director of Industries, Government of Bihar in the proforma annexed. | Explanation. - For instance, while a new industry being set up will get the exemption for five years from the date of start of production, existing industry which has gone into production two years ago from the date of issue of this notification will get exemption for the remaining three years only. S.O. 1799 dated 30th November, 1981. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt from payment of electricity duty the electrical energy generated by the generating sets, set up by the Small and Tiny Industrial Units for industrial production subject to the following terms and conditions:- (1) The generating sets should be set up by the Small and Tiny Industrial Units duly permitted by the B.S.E. Board under the provisions of the Electricity (Supply) Act, 1948; (2) The energy generated by the generating sets would be utilised only for Industrial production. (3) This exemption would be available only for the period from 20th August, 1980 to 31st March, 1984. ### 2. To get the benefit of the above mentioned facilities the Small and Tiny Industrial Units are required to submit their application form to the prescribed authority under the Act; with the following papers and documents :- (a) an attested copy of the registration certificate of Small and Tiny Industries granted by the Industries Department, Bihar; (b) An attested copy of the order for setting up of a captive generating sets under the Bihar Electricity (Supply) Act, 1948, duly granted by the Bihar State Electricity Board; (c) An attested copy of the certificate granted by the competent authority of the Bihar State Electricity Board, regarding the capacity of the set actually required for the purpose; (d) Details regarding purchase of the generating sets actually set up for the purpose, with proof thereof; (e) A declaration stating that the electrical energy so generated will be used only for the Industrial production and will not be used for any other purpose. (f) In case of non-compliance of any of the above noted terms and conditions the exemption will be withdrawn and assessment will be made under the general provisions of the Bihar Electricity Duty Act, 1948. S.O. 820 the 29th August, 1985. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt from payment of electricity duty the electrical energy generated by the generating sets, set up by the Small and Tiny Industrial Units for industrial production subject to the following terms and conditions : (1) The generating sets should be set up by the Small and Tiny Industrial Units duly permitted by the B.S.E. Board under the provisions of the Electricity (Supply) Act, 1948; (2) The energy generated by the generating sets would be utilised only for industrial production; (3) This exemption would be available only for the period from 1st April, 1984 to 31st March, 1985. ### 2. To get the benefit of the above mentioned facilities the Small and Tiny Industrial Units are required to submit their application form to the prescribed authority under the Act, with the following papers and documents :- (a) An attested copy of the registration certificate of Small and Tiny Industries granted by the Industries Department, Bihar. (b) An attested copy of the order for setting up of captive generating sets under the Bihar Electricity (Supply) Act, 1948 duly granted by the Bihar State Electricity Board, (c) An attested copy of the certificate granted by the competent authority of the Bihar State Electricity Board, regarding the capacity of the set actually required for the purpose, (d) Details regarding purchase of the generating sets actually set up for the purpose with proof thereof, (e) A declaration stating that the electrical energy so generated will be used only for the industrial production and will not be used for any other purpose. (f) In case of non-compliance of any of the above noted terms and conditions the exemption will be withdrawn and assessment be made under the general provisions of the Bihar Electricity Duty Act, 1948. S.O. 645, dated 15th May, 1986. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt from payment of Electricity Duty on the electrical energy generated by the generating sets, set up by the Small and Tiny Industrial Units for industrial production subject to the following terms and conditions:- (1) The generating sets should be set up by the Small and Tiny Industrial Units duly permitted by the Bihar State Electricity Board under the provisions of the Electricity (Supply) Act, 1948; (2) The energy generated by the generating sets would be utilised only for industrial production; (3) To get the benefit of the above mentioned facilities, the Small and Tiny Industrial Units are required to submit their application to the prescribed authority under the Act with the following papers and documents :- (a) An arrested copy of the registration certificate of Small and Tiny Industries granted by the Industries Department, Bihar, (b) An attested copy of the order for getting up of a captive generating sets under the Bihar Electricity (Supply) Act, 1948 duly granted by the Bihar State Electricity Board, (c) An attested copy of the certificate granted by the competent authority of the Bihar State Electricity Board regarding the capacity of the set actually required. (d) Details regarding purchase of the generating set actually set up with proof thereof, (e) A declaration stating that the Electrical energy so generated by the generating set will be used only for the Industrial production and will not be used for any other purpose. (f) In case of non-compliance of any of the above noted terms and conditions the exemption will be withdrawn and assessment will be made under the general provisions of the Bihar Electricity Duty Act, 1948. ### 2. This notification shall be deemed to have come into force with effect from the 1st April, 1985 and shall remain valid till the date of issue of the new industrial incentive scheme. S.O. 783 dated 10th September, 1987. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act 36 of 1948) the Governor of Bihar is pleased to exempt the electrical energy consumed by large, medium, small and tiny industrial units from the payment of electricity duty subject to following terms and conditions:- ### 1. This exemption shall be available to unit going into production on or after 1st September, 1986, for a period of five years from the date on which the unit starts its production. ### 2. The exemption will be admissible only on electrical energy used for production purposes. ### 3. This exemption shall be limited to the extent of 25 percent of electricity duty payable or Rs. one lakh, whichever is less in year. ### 4. This exemption shall not be admissible to Atta Chakkies, Hullars, Cold Storage, Cinema and Hotels. ### 5. The Notification No. S.O. 645, dated 15th May, 1986, is hereby superseded, but units which have gone into production before 1st September, 1986 and have not availed of the facilities of exemption as provided in resolution No. 1153, dated the 30th January, 1981 of the Department of Industries for the full period of five years of their eligibility, shall be entitled to avail of the exemption for the remaining period of admissibility. ### 6. This exemption shall be admissible only, to such unit which is registered as large, medium, small or tiny Industrial unit by Industries Department, or a competent authority of Government of India. ### 7. If the concerned unit itself generates electrical energy and/or registered as assessee under the Bihar Electricity Duty Act, 1948, it shall keep separate accounts of total energy generated, energy used for production purposes and energy used for other than production purposes and shall produce the same for verification of the claim for exemption. ### 8. If the concerned unit purchases electrical energy either from Bihar State Electricity Board or any other Licencee it will furnish to the seller a certificate of declaration (in the form appended herewith) which shall be filed by the seller before the assessing authority as an evidence for exemption from duty under this notification. Declaration Certificate This Declaration Form shall be given to the supplier of energy by the large, medium, small and tiny industrial units. (1) Name and address of the owner of the Industries. (2) Name of style of business and full address. (3) Registration No. given by Industries Department or Competent Authority of Government of India. (4) Category of Industries (As large, medium, small and tiny) (5) Date of start of production by Industries. (6) Name and full address of supplier of energy for the purposes of production. (7) (a) Total quantity of energy supplied by the supplier of energy and the amount of electricity duty payable on that, (b) Total quantity of energy consumed for the purpose of production and the electricity duty payable on that, (c) Total quantity of energy consumed for other than production and electricity duty payable on that. It is hereby certified that the above particulars are correct and complete. Place............ Signature of the owner of Industries/Partner/Authorised person. ### 9. If a small Industrial unit is converted into a medium Industrial unit, the said facility of exemption from the electricity duty to a small Industrial unit, shall be admissible for the remaining period of eligibility or for a period of two years, whichever is earlier from the date of registration of that unit as medium Industrial unit. ### 10. In case of violation of any of the aforesaid condition or conditions or issuing a wrong certificate or furnishing wrong figures in respect of energy consumed for production purpose, this facility of exemption from electricity duty shall be treated as cancelled from the beginning and the owner of the Industries shall be liable for the payment of entire amount of duty. ### 11. This notification shall be deemed to have come into force from the 1st September, 1986 and shall remain valid up to 31st August, 1991. S.O.838, dated 22nd September, 1987. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty, Act, 1948 (Bihar Act 36 of 1948) the Governor of the Bihar is pleased to exempt the owner of large, medium, small and tiny industrial units which have been approved and registered to undertake expansion and/or diversification programme under Para 15 of the Resolution No. 13730, dated 1st September, 1986 of the Department of Industries, Government of Bihar, from payment of electricity duty on the electrical energy consumed by them, subject to the following conditions:- (a) The benefit of exemption shall only be admissible for such additional energy required directly for production purpose as a result of such expansion and/or diversification programme. (b) The exemption shall be admissible for a period of five years from the date, the unit starts its production as a result of expansion and/or diversification. ### 2. This notification shall be deemed to have come into force from 1st, September, 1986 and shall remain valid upto 31st August, 1987. S.O.1799 the 30th November 1988. - In exercise of the powers conferred by Section 9 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948), the Governor of Bihar is pleased to exempt from payment of electrical energy generated by the generating sets, set up by the Small and Tiny Industrial Units for Industrial production subject to the following terms and conditions :- (1) The generating set should be set up by the Small and Tiny Industrial Units duly permitted by the B.S.E. Board under the provisions of the Electricity (Supply) Act, 1948; (2) The energy generated by the generating sets would be utilised only for industrial production. (3) This exemption would be available only for the period from 20th August, 1980 to 31st March, 1984. ### 2. To get the benefit of the above mentioned facilities the Small and Tiny Industrial Units are required to submit their application form to the prescribed authority under the Act, with the following papers and document;- (a) An attested copy of the registration certificate of Small and Tiny Industries granted by the Industries Department, Bihar; (b) Attested copy of the order for setting up a captive generating sets under the Bihar Electricity (Supply) Act, 1948, duly granted by the Bihar State Electricity Board; (c) An attested copy of the certificate granted by the competent authority of the Bihar State Electricity Board, regarding the capacity of the set actually required for the purpose; (d) Details regarding purchase of the generating sets actually set up for the purpose, with proof thereof; (e) A declaration stating that the electrical energy so generated will be used only for the Industrial production and will not be used for any other purpose. (f) In case of non-compliance of any of the above noted terms and conditions the exemption will be withdrawn and assessment will be made under the general provisions of the Bihar Electricity Duty Act, 1948. S.O. 904 the 31st May, 1977. - In exercise of the powers conferred under sub-section (1) of Section 6 of the Bihar Electricity Duty Act, 1948 (Bihar Act XXXVI of 1948) and in supersession of the Government notification no. S.O. 1180, dated the 30th September, 1975, the Governor of Bihar is pleased to appoint the officers specified in column 2 of the Table hereto annexed as Inspecting Officers to exercise and perform the prescribed powers and duties respectively conferred and imposed upon such authorities by or under the Act within the local limits of the area mentioned in the corresponding entry in the third column of the said Table : Table | | | | | --- | --- | --- | | Serial No. | Designation of the Officers. | Limits of area. | | 1 | 2 | 3 | | 1 | (a) | Commissioner of Commercial Taxes, Bihar. | The whole of the State of Bihar. | | | (b) | Joint Commissioner of Commercial Taxes, Bihar. | Ditto. | | | (c) | Joint Commissioner of Commercial Taxes, Intelligence Branch, Bihar. | Ditto. | | | (d) | Deputy Commissioner of Commercial Taxes, Bihar. | Ditto. | | | (e) | Assistant Commissioner of Commercial Taxes, Bihar. | Ditto. | | | (f) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Bihar. | Ditto | | | (g) | Superintendent of Commercial Taxes, Intelligence Branch, Bihar. | Ditto | | | (h) | Additional Superintendent of Commercial Taxes, Intelligence Branch Bihar. | The whole of the State of Bihar. | | | (i) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Bihar. | Ditto. | | | (j) | Superintendent of Commercial Taxes, Bihar. | Ditto. | | | (k) | Assistant Superintendent of Commercial Taxes, Bihar. | Ditto. | | 2 | (a) | Assistant Commissioner of Commercial Taxes, Special Circle, Patna. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Special Circle, Patna. | Ditto | | | (c) | Additional Superintendent of Commercial Taxes, Special Circle, Patna. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Special Circle, Patna. | Ditto. | | 3 | (a) | Joint Commissioner of Commercial Taxes (Appeals) , Bihar, Patna. | The Division of Patna, Tirhut, Darbhanga and Koshi. | | | (b) | Joint Commissioner of Commercial Taxes (Appeals) , Bihar, Ranchi. | The whole of Chotanagpur Divisions, North and South and Bhagalpur Division. | | PATNA DIVISION | | 4 | (a) | Joint Commissioner of Commercial Taxes, Patna Division. | The Districts of Patna and Bhojpur. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Patna Division. | Ditto. | | 5 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Patna Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Patna Division. | Ditto. | | 6 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Patna Division. | Ditto. | | | (b) | Additional Appellate Assistant Commissioner, Commercial Taxes, Patna Division. | Ditto. | | 7 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Patna Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Patna Division. | Ditto | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Patna Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Patna Division. | Ditto. | | 8 | (a) | Assistant Commissioner of Commercial Taxes, Patna East Circle. | The area lying within the jurisdiction of the Patna Municipal Corporation of the Sadar Sub-Division of the district of Patna which lies to the east of the line drawn from the office of the District Magistrate, Patna along the road to the Gandhi Maidan thereafter skirting it by its eastern and southern end up to the junction of Exhibition Road and thereafter following the Exhibition Road crossing Chiraiyat and over bridge and on the railway level crossing of Patna-Gaya line and thereafter Patna-Gaya Railway line. | | | (b) | Superintendent of Commercial Taxes, Patna East Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Patna East Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Patna East Circle. | Ditto. | | 9 | (a) | Assistant Commissioner of Commercial Taxes, Patna West Circle. | The Dinapuar Sub-Division of Patna District and the whole of the Sadar Sub-Division of Patna District excluding the area allotted to the Patna East Circle. | | | (b) | Superintendent of Commercial Taxes, Patna West Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Patna West Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Patna West Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Dinapur Sub-Circle. | The whole of the Dinapur Sub-Division of Patna District. | | | (f) | Assistant Superintendent of Commercial Taxes, Dinapur Sub-Circle. | Ditto. | | 10 | (a) | Assistant Commissioner of Commercial Taxes, Patna City (East) Circle. | Malsalami and Fatuha Police Station of Patna City Sub-Division of the district of Patna. | | | (b) | Superintendent of Commercial Taxes, Patna City (East) Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Patna City (East) Circle. | Ditto. | | | (d) | Assistnat Superintendent of Commercial Taxes, Patna City (East) Circle. | Ditto. | | 11 | (a) | Assistant Commissioner of Commercial Taxes, Patna City (West) Circle. | The whole of the Barh Sub-Division and the Patna City Sub-Division excluding the area allotted to Patna City East Circle of the district of Patna. | | | (b) | Superintendent of Commercial Taxes, Patna City (West) Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Patna City West Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Patna City West Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Barh Sub-Circle. | Barh Sub-Division of the district of Patna. | | | (f) | Assistant Superintendent of Commercial Taxes, Barh Sub-Circle. | Ditto. | | 12 | (a) | Assistant Commissioner of Commercial Taxes, Shahabad Circle. | The district of Bhojpur. | | | (b) | Superintendent of Commercial Taxes, Sahabad Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Shahabad Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Shahabad Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Buxar Sub-Circle. | Buxar Sub-Division of Bhojpur District. | | | (f) | Assistant Superintendent of Commercial Taxes, Buxar Sub-Circle. | Ditto. | | GAYA DIVISION. | | 13 | (a) | Joint Commissioner of Commercial Taxes, Gaya Division. | The whole of the district of Gaya, Aurangabad, Nawadah, Nalanda and Rohtas. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Gaya Division. | Ditto. | | 14 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Gaya Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Gaya Division. | Ditto. | | 15 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Gaya Division. | The whole of the district of Gaya, Aurangabad, Nawadah, Nalanda and Rohtas. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Gaya Division. | Ditto. | | 16 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Gaya Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch,, Gaya Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Gaya Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Gaya Division. | Ditto. | | 17 | (a) | Assistant Commissioner of Commercial Taxes, Gaya Circle. | The whole of the district of Gaya, Nawadah and Aurangabad. | | | (b) | Superintendent of Commercial Taxes, Gaya Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Gaya Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Gaya Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Nawadah Sub-Circle. | The whole of the district of Nawadah. | | | (f) | Assistant Superintendent of Commercial Taxes, Nawadah Sub-Circle. | Ditto. | | | (g) | Additional Superintendent of Commercial Taxes, Aurangabad Sub-Circle. | The whole of the district of Aurangabad. | | | (h) | Assistant Superintendent of Commercial Taxes, Aurangabad Sub- circle. | Ditto. | | | (i) | Additional Superintendent of Commercial Taxes,, Jahanabad Sub Circle. | The Sub-Division of Jahanabad of the district of Gaya. | | | (f) | Assistant Superintendent of Commercial Taxes, Jahanabad Sub-Circle. | Ditto. | | 18 | (a) | Assistant Commissioner of Commercial Taxes, Biharsharif Circle. | The district of Nalanda. | | | (b) | Superintendent of Commercial Taxes, Biharsharif Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Biharsharif Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Biharsharif Circle. | Ditto. | | 19 | (a) | Assistant Commissioner of Commercial Taxes, Sasaram Circle. | The whole of the district of Rohtas. | | | (b) | Superintendent of Commercial Taxes, Sasaram Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Sasaram Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Sasaram Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Bhabhua Sub-Circle. | The Sub-Division of Bhabhua of Rohtas District. | | | (f) | Assistant Superintendent of Commercial Taxes, Bhabhua Sub-Circle. | Ditto. | | TIRHUT DIVISION | | 20 | (a) | Joint Commissioner of Commercial Taxes, Tirhut Division. | The whole of the Tirhut Division, Darbhanga, Madhubani and Samastipur Districts of Darbhanga Division and the Police Station of Nirmali (excluding Halka Nos. 5, 6, 7 and 8) in the Supaul Sub-Division of the district of Saharsa in Koshi Division. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Tirhut Division. | Ditto. | | 21 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Tirhut Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Tirhut Division. | Ditto. | | 22 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Tirhut Division. | Ditto. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Tirhut Division. | Ditto. | | 23 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Tirhut Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Tirhut Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Tirhut Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Tirhut Division. | Ditto. | | 24 | (a) | Assistant Commissioner of Commercial Taxes, Muzaffarpur Circle. | The district of Muzaffarpur. | | | (b) | Superintendent of Commercial Taxes, Muzaffarpur Circle. | Ditto. | | | (c) | Assistant Superintendent of Commercial Taxes, Muzaffarpur Circle. | Ditto. | | 25 | (a) | Assistant Commissioner of Commercial Taxes, Sitamarhi Circle. | The whole of the district of Sitamarhi. | | | (b) | Superintendent of Commercial Taxes, Sitamarhi Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Sitamarhi Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Sitamarhi Circle. | Ditto. | | 26 | (a) | Assistant Commissioner of Commercial Taxes, Hajipur Circle. | The district of Vaishali. | | | (b) | Superintendent of Commercial Taxes, Hajipur Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Hajipur Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Hajipur Circle. | Ditto. | | 27 | (a) | Assistant Commissioner of Commercial Taxes, Darbhanga Circle. | The district of Darbhanga. | | | (b) | Superintendent of Commercial Taxes, Darbhanga Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Darbhanga Circle. | Ditto | | | (d) | Assistant Superintendent of Commercial Taxes, Darbhanga Circle. | Ditto. | | 28 | (a) | Assistant Commissioner of Commercial Taxes, Madhubani Circle. | The whole of the district of Madhubani and the Police Station of Nirmali (excluding Halka Nos. 5, 6, 7 and 8) in Supaul Sub-division of the district of Saharsa. | | | (b) | Superintendent of Commercial Taxes, Madhubani Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Madhubani Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Madhubani Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Jhanjharpur Sub-Circle. | The whole of the Sub-Division of Jhanjharpur of Madhubani District and the Police Station of Nirmali (excluding Halka Nos. 5, 6, 7 and 8) in Supaul Sub-Division of the district of Saharsa. | | | (f) | Assistant Superintendent of Commercial Taxes, Jhanjharpur Sub-Circle. | Ditto. | | 29 | (a) | Assistant Commissioner of Commercial Taxes, Samastipur Circle. | The whole of the district of Samastipur. | | | (b) | Superintendent of Commercial Taxes, Samastipur Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Samastipur Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Samastipur Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Dalsinghsarai Sub-Circle. | Police-Stations of Dalsinghsarai, Ujiarpur, Mohiuddinagar and Sahpur Patori of the Sadar Sub-Divisions and Bibhutipur P.S. of Rosera Sub-Divisions in the district of Samastipur. | | | (f) | Assistant Superintendent of Commercial Taxes, Dalsinghsarai Sub-Circle. | Ditto. | | 30 | (a) | Assistant Commissioner of Commercial Taxes, Bettiah Circle. | The district of West Champaran. | | | (b) | Superintendent of Commercial Taxes, Bettiah Circle., Ditto. | | | | (c) | Additional Superintendent of Commercial Taxes, Bettiah Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Bettiah Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Bagaha Sub-Circle. | Bagha Sub-Division of the district of West Champaran. | | | (f) | Assistant Superintendent of Commercial Taxes, Bagha Sub-Circle. | Ditto. | | 31 | (a) | Assistant Commissioner of Commercial Taxes, Champaran Circle. | The district of East Champaran. | | | (b) | Superintendent of Commercial Taxes, Champaran Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Champaran Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Champaran Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Raxaul Sub-Circle. | Raxaul and Ramgarhwa Police-Stations of the Sadar Subdivision and Adapur, Chauradano and Ghorasahan of Sikrahana Sub-Division of the district of East Champaran. | | | (f) | Assistant Superintendent of Commercial Taxes, Raxaul Sub-Circle. | Ditto. | | 32 | (a) | Assistant Commissioner of Commercial Taxes, Siwan Circle. | The district of Siwan and Gopalganj. | | | (b) | Superintendent of Commercial Taxes, Siwan Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Siwan Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Gopalganj Sub-Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Gopalganj Sub-Circle. | The whole of the district of Gopalganj. | | | (f) | Assistant Superintendent of Commercial Taxes, Gopalganj Sub-Circle. | Ditto. | | 33 | (a) | Assistant Commissioner of Commercial Taxes, Saran Circle. | The whole of the district of Saran. | | | (b) | Superintendent of Commercial Taxes, Saran Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Saran Circle. | Ditto | | | (d) | Assistant Superintendent of Commercial Taxes, Saran Circle. | Ditto. | | PURNEA DIVISION | | 34 | (a) | Joint Commissioner of Commercial Taxes, Purnea Division. | The whole of the Kosi Division excluding the Police Station of Nirmali (excluding Halka nos. 5, 6, 7 and 8) in Supaul Sub-Division of the district of Saharsa and Begusarai district of Darbhanga Division and the area comprising of Naugachia.ThanaBihpurand Gopalpur Police Stations of district of Bhagalpur and Khagaria Sub-Division of the district of Monghyr of Bhagalpur Division. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Purnea Division. | Ditto. | | 35 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Purnea Division. | The whole of the Kosi Division excluding the Police Station of Nirmali (excluding Halka nos. 5, 6, 7 and 8) in Supaul Sub-Dividion of the district of Saharsa and Begusarai district of Darbhanga Division and the area comprising of Naugachia.Thana Bihpurand Gopalpur Police Stations of district of Bhagalpur and Khagaria Subdivision of the district of Monghyr of Bhagalpur Division. | | | (b) | Additional Deputy Commissioner, Commercial Taxes (Appeals) , Purnea Division. | Ditto. | | 36 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Purnea Division. | The whole of the Kosi Division excluding the Police Station of Nirmali (excluding Halka nos. 5, 6, 7 and 8 ) in Supaul sub-Division of the district of Saharsa and Begusarai district of Darbhanga Division and the area comprising of Naugachia.Thana Bihpur and Gopalpur Police Stations of district of Bhagalpur and Khagaria Sub-Division of the district of Monghyr of Bhagalpur Division. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Purnea Division. | Ditto. | | 37 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Purnea Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, intelligence Branch, Purnea Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Purnea Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Purnea Division. | Ditto. | | 38 | (a) | Assistant Commissioner of Commercial Taxes, Purnea Circle. | The distirct of Purnea excluding Kishanganj Subdivision. | | | (b) | Superintendent of Commercial Taxes, Purnea Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Purnea Circle. | The district of Purnea excluding Kishanganj Sub-Division. | | | (d) | Assistant Superintendent of Commercial Taxes, Purnea Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Forbesganj Sub-Circle. | The Araria Sub-Division of the district of Purnea. | | | (f) | Assistant Superintendent of Commercial Taxes, Forbesganj Sub-Circle. | Ditto. | | 39 | (a) | Assistant Commissioner of Commercial Taxes, Katihar Circle. | The district of Katihar. | | | (c) | Additional Superintendent of Commercial Taxes, Katihar Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Katihar Circle. | Ditto. | | 40 | (a) | Assistant Commissioner of Commercial Taxes, Kishanganj Circle. | The whole of the Sub-Division of Kishanganj of Purnea District. | | | (b) | Superintendent of Commercial Taxes, Kishanganj Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Kishanganj Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Kishanganj Circle. | Ditto. | | 41 | (a) | Assistant Commissioner of Commercial Taxes, Saharsa Circle. | The whole of the district of Saharsa excluding Nirmali Police Station in the Supaul Sub-Division (excepting Halka nos. 5, 6, 7 and 8). | | | (b) | Superintendent of Commercial Taxes, Saharsa Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Saharsa Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Saharsa Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Madhepura Sub-Circle. | The Madhepura Sub-Division of the district of Saharsa. | | | (f) | Assistant Superintendent of Commercial Taxes, Madhepura Sub-Circle. | Ditto. | | 42 | (a) | Assistant Commissioner of Commercial Taxes, Khagaria Circle. | The whole of the Khagaria Sub-Division in the district of Monghyr including the area comprised in Naugachia, Thana Bihpur and Gopalpur Police Stations of the district of Bhagalpur. | | | (b) | Superintendent of Commercial Taxes, Khagaria Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Khagaria Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Khagaria Circle. | Ditto. | | 43 | (a) | Assistant Commissioner of Commercial Taxes, Begusarai Circle. | The whole of the district of Begusarai. | | | (b) | Superintendent of Commercial Taxes, Begusarai Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Begusarai Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Begusarai Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Teghra Sub-Circle. | Bachwara and Bhagwanpur Police Stations of the district of Begusarai including the area of Barauni Police-Station lying west of National Highway 31, and South of National Highway 33 of the district of Begusarai. | | | (f) | Assistant Superintendent of Commercial Taxes, Teghra Sub-Circle. | Ditto. | | BHAGALPUR DIVISION | | 44 | (a) | Joint Commissioner of Commercial Taxes, Bhagalpur Division. | The whole of the Bhagalpur Division excluding the Khagaria Subdivision of the district of Monghyr and also Naugachia,Thana Bihpur and Gopalpur Police Stations of the district of Bhagalpur. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Bhagalpur Division. | Ditto. | | 45 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Bhagalpur Division. | Ditto. | | | (b) | Additional Deputy Commissioner, Commercial Taxes (Appeals) Bhagalpur Division. | The whole of the Bhagalpur Division excluding the Khagaria Sub-Division of the district of Monghyr and also Naugachia.Thana Bihpur and Gopalpur Police Stations of the district of Bhagalpur. | | 46 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Bhagalpur Division. | Ditto. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Bhagalpur Division. | Ditto. | | 47 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Bhagalpur Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Bhagalpur Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Bhagalpur Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Bhagalpur Division. | Ditto. | | 48 | (a) | Assistant Commissioner of Commercial Taxes, Bhagalpur Circle. | The whole of the district of Bhagalpur excluding Naugachia,Thana Bihpur and Gopalpur Police Stations of the district. | | | (b) | Superintendent of Commercial Taxes, Bhagalpur Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Bhagalpur Circle. | The whole of the district of Bhagalpur excluding Naugachia, Thana Bihpur and Gopalpur Police Stations of the district. | | | (d) | Assistant Superintendent of Commercial Taxes, Bhagalpur Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Colgong Sub-Circle. | Colgong Sinhaula and Pirpainti Police Station of the Sadar Sub-Division of Bhagalpur District. | | | (f) | Assistant Superintendent of Commercial Taxes, Colgong Sub-Circle. | Ditto. | | 49 | (a) | Assistant Commissioner of Commercial Taxes, Monghyr Circle. | The district of Monghyr excluding Khagaria Sub-Division. | | | (b) | Superintendent of Commercial Taxes, Monghyr Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Monghyr Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Monghyr Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Jamui Sub-Circle. | The Jamui Sub-Division of Monghyr District. | | | (f) | Assistant Superintendent of Commercial Taxes, Jamui Sub-Circle. | Ditto. | | 50 | (a) | Assistant Commissioner of Commercial Taxes, Santhal Parganas Circle. | The whole of the district of Santhal Parganas excluding Rajmahal and Pakur Sub-Division. | | | (b) | Superintendent of Commercial Taxes, Santhal Parganas Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Santhal Parganas Circle. | The whole of the district of Santhal Parganas excluding Rajmahal and Pakur Sub-Division. | | | (d) | Assistant Superintendent of Commercial Taxes, Santhal Parganas Circle. | Ditto, | | | (e) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Patna Division. | Sadar and Godda Sub-Divisions of the district of Santhal Parganas. | | | (f) | Assistant Superintendent of Commercial Taxes, Dumka Sub-Circle. | Ditto. | | 51 | (a) | Assistant Commissioner of Commercial Taxes, Sahibganj Circle. | The Rajmahal and Pakur Sub-Divisions of the district of Santhal Parganas | | | (b) | Superintendent of Commercial Taxes, Sahibganj Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Sahibganj Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Sahibganj Circle. | Ditto. | | | | RANCHI DIVISION | | | 52 | (a) | Joint Commissioner of Commercial Taxes, Ranchi Division. | The districts of Ranchi and Palamau of Chotanagpur (South) Division and Hazaribagh district of North Chotanagpur Division. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Ranchi Division. | Ditto. | | 53 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Ranchi Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Ranchi Division. | The district of Ranchi and Palamau of Chotanagpur (South) Division and Hazaribagh district of North Chotanagpur Division. | | 54 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Ranchi Division. | Ditto. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Ranchi Division. | Ditto. | | 55 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Ranchi Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Ranchi Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Ranchi Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Ranchi Division. | Ditto. | | 56 | (a) | Assistant Commissioner of Commercial Taxes, Ranchi Special Circle. | The municipal area of Ranchi lying within the line drawn from Shaheed Chowk along Court Road to Divisional Commissioner’s office and then skirting the Collectorate and running west up to junction to Ratu Road and Harmu Road. Then along Harmu Road,, Nagarmal Modi Sewa-Sadan Road, Lake Road Jain Mandir Road and J.J. Road meeting at Shaheed Chowk. | | | (b) | Superintendent of Commercial Taxes, Ranchi Special Circle. | The municipal area of Ranchi lying within the line drawn from Shaheed Chowk along Court Road to Divisional Commissioner’s office and then skirting the Collectorate and running west up to junction to Ratu Road and Harmu Road, then along Harmu Road,, Nagarmal Modi Sewa-Sadan Road, Lake Road, Jain Mandir Road and J.J. Road meeting at Shaheed Chowk. | | | (c) | Additional Superintendent of Commercial Taxes, Ranchi Special Circle | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Ranchi Special Circle. | Ditto. | | 57 | (a) | Assistant Commissioner of Commercial Taxes, Ranchi North Circle. | The Loharua Sub-Division and the Ranchi Sadar Sub-Division which falls under the jurisdiction of the Ranchi Special and Ranchi South Circles of the district of Ranchi. | | | (b) | Superintendent of Commercial Taxes, Ranchi North Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Ranchi North Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Ranchi North Circle. | Ditto. | | 58 | (a) | Assistant Commissioner of Commercial Taxes, Ranchi South Circle. | The Khunti, Gumla and Simdega Sub-Divisions and Doranda, Silli, Hatia, Namkum, Angara and Jagannathpur Police Stations of the Sadar Sub-Division of Ranchi District. | | | (b) | Superintendent of Commercial Taxes, Ranchi South Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Ranchi South Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Ranchi South Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Gumla Sub- Circle. | The Sub-Division of Gumla and Simdega of the district of Ranchi. | | | (f) | Assistant Superintendent of Commercial Taxes, Gumla Sub- Circle. | Ditto. | | 59 | (a) | Assistant Commissioner of Commercial Taxes, Palamau Circle. | The district of Palamau. | | | (b) | Superintendent of Commercial Taxes, Palamau Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Palamau Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Palamau Circle. | Ditto. | | 60 | (a) | Assistant Commissioner of Commercial Taxes, Hazaribagh Circle. | The district of Hazaribagh. | | | (b) | Superintendent of Commercial Taxes, Hazaribagh Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Hazaribagh Circle. | The district of Hazaribagh. | | | (d) | Assistant Superintendent of Commercial Taxes, Hazaribagh Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Koderma Sub-Circle. | Koderma Sub-Division of the district of Hazaribagh. | | | (f) | Assistant Superintendent of Commercial Taxes, Koderma Sub-Circle. | Ditto. | | DHANBAD DIVISION. | | 61 | (a) | Joint Commissioner of Commercial Taxes, Dhanbad Division. | The district of Giridih and Dhanbad of Chotanagpur North Division. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Dhanbad Division. | Ditto. | | 62 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Dhanbad Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Dhanbad Division. | Ditto. | | 63 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Dhanbad Division. | Ditto. | | | (b) | Additional Assistant Commissioner of Commercial Taxes, Dhanbad Division. | Ditto. | | 64 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Dhanbad Division. | Ditto. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Dhanbad Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Dhanbad Division. | The district of Giridih and Dhanbad of Chotanagpur North Division. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Dhanbad Division. | Ditto. | | 65 | (a) | Assistant Commissioner of Commercial Taxes, Dhanbad Urban Circle. | The Police Station of Dhanbad District. | | | (b) | Superintendent of Commercial Taxes, Dhanbad Urban Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Dhanbad Urban Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Dhanbad Urban Circle. | Ditto. | | 66 | (a) | Assistant Commissioner of Commercial Taxes, Dhanbad Circle. | Govindpur, Baliapur, Tundi Kenduadih and Putki Police Stations of the district of Dhanbad. | | | (b) | Superintendent of Commercial Taxes, Dhanbad Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Dhanbad Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Dhanbad Circle. | Ditto. | | 67 | (a) | Assistant Commissioner of Commercial Taxes, Jharia Circle. | The Police Station of Jharia, Sindri and Jora-pokhar of the Sadar Sub-Division of the district of Dhanbad. | | | (b) | Superintendent of Commercial Taxes, Jharia Circle. | The Police-Station of Jharia, Sindri and Jorapokhar of the Sadar Sub-Division of the district of Dhanbad. | | | (c) | Additional Superintendent of Commercial Taxes, Jharia Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Jharia Circle. | Ditto. | | 68 | (a) | Assistant Commissioner of Commercial Taxes, Katras Circle. | Katras, Topchanchi, Jogta and Baghmara Police Stations of the district of Dhanbad. | | | (b) | Superintendent of Commercial Taxes, Katras, Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Katras Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Katras Circle. | Ditto. | | 69 | (a) | Assistant Commissioner of Commercial Taxes, Chirkunda Circle. | The Police Stations of Nirsa and Chirkunda of the district of Dhanbad. | | | (b) | Superintendent of Commercial Taxes, Chirkunda Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Chirkunda Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Chirkunda Circle. | Ditto. | | 70 | (a) | Assistant Commissioner of Commercial Taxes, Bokaro Circle. | The Police-Stations of Bokaro, Chas, Chandan-Kiyari and Harla of the district of Dhanbad. | | | (b) | Superintendent of Commercial Taxes, Bokaro Circle. | The Police Stations of Bokaro, Chas, Chandan Kiyari and Harla of the district of Dhanbad. | | | (c) | Additional Superintendent of Commercial Taxes, Bokaro Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Bokaro Circle. | Ditto. | | 71 | (a) | Assistant Commissioner of Commercial Taxes, Giridih, Circle. | The whole of the district of Giridih. | | | (b) | Superintendent of Commercial Taxes, Giridih Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Giridih Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Giridih Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Tenughat Sub-Circle. | Tenughat Sub-Division of the district of Giridih. | | | (f) | Assistant Superintendent of Commercial Taxes, Tenughat Sub-Circle. | Ditto. | | JAMSHEDPUR DIVISION. | | 72 | (a) | Joint Commissioner of Commercial Taxes, Jamshedpur Division. | The whole of the Jamshedpur Division. | | | (b) | Deputy Commissioner of Commercial Taxes (Administration) , Jamshedpur Division. | Ditto. | | 73 | (a) | Deputy Commissioner of Commercial Taxes (Appeals) , Jamshedpur Division. | Ditto. | | | (b) | Additional Deputy Commissioner of Commercial Taxes (Appeals) , Jamshedpur Division. | The whole of the Jamshedpur Division. | | 74 | (a) | Appellate Assistant Commissioner of Commercial Taxes, Jamshedpur Division. | The whole of the State of Bihar. | | | (b) | Additional Appellate Assistant Commissioner of Commercial Taxes, Jamshedpur Division. | Ditto. | | 75 | (a) | Assistant Commissioner of Commercial Taxes, Intelligence Branch, Jamshedpur Division. | The district of Singhbhum of the Chotanagpur South Division. | | | (b) | Superintendent of Commercial Taxes, Intelligence Branch, Jamshedpur Division. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Intelligence Branch, Jamshedpur Division. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Intelligence Branch, Jamshedpur Division. | Ditto. | | 76 | (a) | Assistant Commissioner of Commercial Taxes, Jamshedpur Circle. | The whole of the Dalbhum Sub-Division of the district of Singhbhum including the Police Stations of Adityapur, Chandil, Nimdih and Ichagarh of the Saraikela-Kharasawan Sub-Division of the district of Singhbhum. | | | (b) | Superintendent of Commercial Taxes, Jamshedpur Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Jamshedpur Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Jamshedpur Circle. | The whole of the Dalbhum Sub-Division of the district of Singhbhum including the Police Stations of Adityapur, Chandil, Nimdih and Ichagarh of the Saraikela-Kharsawan Sub-Division of the district of Singhbhum. | | 77 | (a) | Assistant Commissioner of Commercial Taxes, Singhbhum Circle. | The whole of the Dalbhum Sub-Division of the district of Singhbhum and the Police Stations of Adityapur, Chandil, Nimdih and Ichagarh of Saraikela Kharasawan Sub-Division of the district of Singhbhum. | | | (b) | Superintendent of Commercial Taxes, Singhbhum Circle. | Ditto. | | | (c) | Additional Superintendent of Commercial Taxes, Singhbhum Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Singhbhum Circle. | Ditto. | | 78 | (a) | Assistant Commissioner of Commercial Taxes, Chaibasa Circle. | The whole of the Sadar Sub-Division and Saraikela-Kharsawan Sub-Division of the district of Singhbhum excluding the Police Station of the Adityapur, Nimdih, Chandil and Ichagarh of Saraikela-Kharsawan Sub-Division. | | | (b) | Superintendent of Commercial Taxes, Chaibasa Circle. | The whole of the Sadar Sub-Division and Saraikela-Kharsawan Sub-Division of the district of Singhbhum excluding the Police Stations of Adityapur Nimdih, Chandil and Ichagarh of Saraikela-Kharsawan Sub-Division. | | | (c) | Additional Superintendent of Commercial Taxes, Chaibasa Circle. | Ditto. | | | (d) | Assistant Superintendent of Commercial Taxes, Chaibasa Circle. | Ditto. | | | (e) | Additional Superintendent of Commercial Taxes, Chakradharpur Sub-Circle. | Chakradharpur, Manohar-pur, Godhera, Bandgaon and Souna Police Stations of the Sadar Sub-Division and Kharsawan and Kuchai Police Stations of the Saraikela-Kharsawan Sub-Division of the district of Singhbhum. | | | (f) | Assistant Superintendent of Commercial Taxes, Chakradharpur Sub-Circle. | Ditto. | This Notification supersedes Government of Bihar, Finance (Commercial Taxes) Department Notification No. S.O. 1180, dated the 30th September, 1975. This notification shall come into force with effect from 16th of May, 1977.
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acts
State of Karnataka - Act -------------------------- Karnataka Maritime Board Act, 2015 ------------------------------------ KARNATAKA India Karnataka Maritime Board Act, 2015 ==================================== Act 41 of 2017 ---------------- * Published on 1 January 2017 * Commenced on 1 January 2017 Karnataka Maritime Board Act, 2015 (Karnataka Act No. 41 of 2017 ) Statement of Objects and Reasons - Act 41 of 2017 . - Karnataka has a coast line of about 300 kms, which is dotted with 10 non-major ports, besides the major port at New Mangalore. These non-major ports, which include Karwar, Malpe harbour, Tadri, Old Mangalore, etc., are currently managed by the Public Works Department through the Director of Ports and Inland Water Transport. The revenue receipts from these ports are credited into the Consolidated Fund of the State, while the development and maintenance expenditure are met out of the budgetary grants. In the circumstances, there is no relationship between the receipts and expenditure of the Ports & IWT sector. Further, the Directorate of Ports & IWT is not able to raise finance from the market directly for undertaking development activities. Some of the major maritime States, notably Gujarat, Maharashtra and Tamil Nadu, have already set up Maritime Boards and have seen tremendous growth in development of the infrastructure for ports and allied activities. Keeping such experience in view, the Maritime States Development Council has been advising all the maritime States to constitute Maritime Boards. Karnataka also has several inland waterways on both, west flowing as well as east flowing rivers, that offer the potential for development of an environment friendly mode transportation of goods and passengers, particularly for several interior locations. The Maritime Board would be in a position to develop and maintain the inland waterways too. Further, the Board would be in an advantageous position to prepare and implement schemes for coastal protection, which has become an important issue for the growth and development of the coastal regions of the State. Ministry of Home Affairs, Government of India vide letter No.F.No:17/08/2012/Judl&PP, dated:09.12.2014 has suggested to the State Government to withdraw the early bill and to send modified version of the Bill to the Government of India, after it is passed by the State Legislature. As suggested by Government of India, Ministry of Home Affairs, all the amendments are incorporated in modified "Karnataka Maritime Board Bill, 2015". The Bill among other things provides for,- (i) constitution and functioning of the Maritime Board for Karnataka. The Board shall be in a position to find ways and means to undertake various developmental projects and maintenance activities in relation to ports, harbours, inland waterways and coastal protection and thus help in the growth and development of the coastal region and its hinterland. (ii) Developing all Karnataka ports on public private partnership Basis. (iii) development and maintenance of fishing harbours by the Board with suitable budgetary grants and subventions from the Government. However, the operations and management of the fishing harbours shall continue to be done by the Fisheries Department and not by the Maritime Board. Hence, the Bill. [L.A. Bill No.41 of 2015, File No. Samvyashae 54 Shasana 2015] [entry 31 of List III of the Seventh Schedule to the Constitution of India.] (First published in the Karnataka Gazette Extraordinary on the Twenty third day of August, 2017) (Received the assent of the President on the Eleventh day of August, 2017) An Act to provide for the development and Management of Ports Inland Water Ways and the Coastal region in the State of Karnataka by establishing the Karnataka Maritime Board and to provide for matters connected therewith and incidental thereto; Whereas, it is expedient to provide for rapid development and management of Ports and Inland Water Ways and Coastal region in the State of Karnataka by establishing the Karnataka Maritime Board and to provide for matters connected therewith and incidental thereto; Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India as follows:- Chapter-I Preliminary ### 1. Short title, commencement and application. (1) This Act may be called the Karnataka Maritime Board Act, 2015. (2) It shall come into force on such date, as the State Government may, by notification, appoint. (3) It applies to all the non-major ports in the State of Karnataka to which the Indian Ports Act, 1908 applies. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "appointed day" in relation to any non-major port means the day on which this Act is made applicable to that port; (b) "Board" means the Karnataka Maritime Board constituted under section 3; (c) "Board Security" means debentures, bonds or dock certificates issued by the Board in respect of any loan contracted by it under the provisions of this Act; (d) "Chairman" means the Chairman of the Board appointed under section-3 and includes the person appointed to act in his place under section 9; (e) "dock" includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, moorings, transit sheds, warehouses, godowns, open plots and other works and things pertaining to any dock and also the portion of the sea enclosed or protected by the arms of groynes of a harbour; (f) "foreshore" in relation to a port means the area between the high water mark and the low water mark relating to that port; (g) "goods" includes live stock and every kind of movable property; (h) "Government" means the State Government; (i) "high water mark" in relation to a port means a line drawn through the highest points reached by ordinary spring tides at any season of the year at that port; (j) "immovable property" includes wharfage rights and all other rights exercisable on, over, or in respect of, any land, wharf, dock or pier; (k) "Indian Ports Act" means the Indian Ports Act, 1908 (Central Act 15 of 1908); (l) "Inland Water Transport (IWT)" means Inland Water Transport system including ferry services in the State; (m) "land" includes the bed of sea or river below high water mark and also things attached to the earth or permanently fastened to anything attached to the earth; (n) "low water mark" in relation to a port means a line drawn through the lowest points reached by ordinary spring tides at any season of the year at that port; (o) "Major Ports" shall have a same meaning assigned to it in the Indian Ports Act 1908 (Central Act 15 of 1908); (p) "master" shall have the same meaning as assigned to in the Indian Ports Act 1908 (Central Act 15 of 1908); (q) "member" means a member of the Board or its Committee, as the case may be; (r) "Non-major port" means port other than a major port; (s) "owner" ,- (i) in relation to goods includes any consignor, consignee, shipper's agent for the sale, custody, loading or unloading of such goods; and (ii) in relation to any vessel or craft making use of any port, includes any part owner, charterer, consignee or mortgagee in possession thereof; (t) "pier" includes any stage, stairs, landing place, hard jetty, floating barge, transhipper or pontoon and any bridges or other works connected therewith; Explanation. - For the purpose of this clause, "transhipper" means a floating craft for vessel whether dump or self propertied, on which and provided for discharging cargo from a barge or warf and loading it into a ship. (u) "port" means any non-major port to which this Act applies within such limits as may from time to time be defined by the Government under the Indian Ports Act; (v) "port approaches" in relation to a port means those parts of the navigable rivers and channels leading to the port in which the Indian Ports Act 1908 (Central Act 15 of 1908) is in force; (w) "prescribed" means, - prescribed by rules and regulations made under this act; (x) "public securities" means,- (i) promissory notes, debentures, stock or other securities of the State Government: Provided that securities both the principal whereof and the interest whereof have been fully and unconditionally guaranteed by any state Government shall be deemed for the purposes of this clause, to be securities of state Government; (ii) debentures or other securities (including the Board Securities) for money issued by or on behalf of any local authority, Improvement Board or Port Trust under the authority or any law for the time being in force in the State. (y) "rate" includes any toll, due, rent, fee or charge leviable under this Act; (z) "regulations" means regulations made by the Board under this Act. (z-a) "State" means the State of Karnataka". (z-b) "vessel" includes anything made for the conveyance, mainly by water, of human being or of goods; (z-c) "wharf " includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. Chapter-II Establishment of Karnataka Maritime Board ### 3. Establishment of Karnataka Maritime Board. (1) As soon as may be after the commencement of this Act, the Government may, by notification, in the official Gazette, establish a Board to be called the Karnataka Maritime Board. (2) The Board shall consist of following members, namely:- | | | | | --- | --- | --- | | (1) | The Additional Chief Secretary to Government or Additional Chief Secretary and Development Commissioner nominated by the Government. | Chairman | | (2) | The Principal Secretary to Government, Public Works, Ports and Inland Water Transport Department. | Ex-officioMember | | (3) | The Principal Secretary to Government, Finance Department. | Ex-officioMember | | (4) | The Principal Secretary to Government, Home Department. | Ex-officioMember | | (5) | The Principal Secretary/Secretary to Government of any Department as deemed fit by Government. | Ex-officioMember. | | (6) | The Joint Secretary, Government of India, Ministry of Shipping. | Ex-officioMember. | | (7) | The Inspector General of Police, Internal Security Wing, incharge of costal security | Ex-officioMember | | (8) | The Director of Ports and Inland Water Trnasport Department. | Ex-officioMember | | (9) | The Director of Fisheries, Karnataka. | Ex-officioMember. | | (10) | The Naval officer in charge, INS Kadamba Karwar Uttara Kannada District. | Ex-officioMember | | (11) | The Commander, Coast Guard District, Head Quarters, No.3, New Mangalore | Ex-officioMember | | (12) | Commissioner of Customs, Karnataka | Ex-officioMember | | (13) | Four persons having expertise in the development of ports nominated by the Government as shown below:- (i) One member who has qualification of Master Mariner (FG) who has experience and expertise in matters relating to ports, shipping, maritime affairs or in the administration or management of such matters. (ii) One member who has experience, expertise and academic qualification of a Degree in the subject of Harbour Engineering or Civil Engineering and has wide experience relating to Harbour Works. (iii) One member representing the Chambers of Commerce and Industry in the coastal districts. (iv) One member who has expertise in financial management | Member Member Member Member | | (14) | One member who has experience, expertise in coastal engineering, marine engineering Hydrographic Survey or Prevention of sea erosion/coastal protection nominated by the Government. | Member | | (15) | The Member (Technical) of the Board | Ex-officioMember | | (16) | The Chief Executive officer of the Board | Ex-officioMember- Secretary | (3) 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 may by the said name sue and be sued. (4) The State Government shall appoint one of the members mentioned in serial No. (2) to (5) of sub-section (2) as the Vice Chairman of the Board. (5) The head office of the Board shall be at such place as the Government may, by notification, direct. ### 4. Disqualifications of members. - A person shall be disqualified for being appointed, or for continuing as a member of the Board, if he,- (a) has been removed or dismissed from the service of Central or any State Government or of a local authority or of a corporation owned or controlled by the State or Central Government; or (b) has been convicted and sentenced to imprisonment for an offence amounting to moral turpitude; or (c) is an undischarged insolvent; or (d) has directly or indirectly any share or interest in any work done by order of the Board or in any contract or employment with, by, or on behalf of the Board: Provided that no person shall be deemed to have any share or interest in such work contract or employment by reason only of his, - (i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board; or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted; or (iii) being interested in any loan of money to the Board; or (iv) having a share or interest in the sale of any article to the Board of a value not exceeding rupees 10,000/- in any one financial year, in which he trades ### 5. Term of office of Members. - Subject to the provisions of this Act, the non official member of the Board, shall hold office during the pleasure of the Government and in any case for a period not exceeding two years. ### 6. Vacation of office of the Board's members. (1) The Government shall remove a member of the Board if he,- (a) becomes subject to any disqualification specified in section 4; or (b) refuses to act or becomes incapable of acting; or (c) has, in the opinion of the Government become incapable of representing the interests by virtue of which he was appointed; or (d) is without the permission of the Board previously obtained, absents himself from three consecutive meetings of the Board; or (e) is acts in contravention of the provisions of section 13. (2) A member of the Board other than the ex-officio member may resign from his office by tendering his resignation in writing to the chairman who shall forward the same to the Government for acceptance. The resignation shall not take effect until it is accepted by the Government. ### 7. Eligibility of re-appointment. - Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for reappointment. ### 8. Filling of vacancies. (1) Any vacancy in the office of a member of the Board other than that of the ex-officio member shall be filled as early as possible after the occurrence of such vacancy by appointment of another member: Provided that where any vacancy occurs in the office of any such member within three months preceding the date on which the term of the office of such member expires under section 5, it shall not be filled. (2) A member appointed under sub-section (1) shall hold office for the remainder period only as the member in whose place he has been appointed would have held office if the vacancy had not occurred. ### 9. Absence of Chairman. - If the Chairman is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise the office of the chairman is vacant, the Vice-chairman and in the absence of both Chairman as well as the Vice-Chairman, such person, as the Government may appoint, shall act as the Chairman. ### 10. Meetings of Board. (1) The Board shall hold meetings at such time and places, and shall subject to the provisions of sub-sections (2), (3), (4) and [5] follow such procedure with regard to the transaction of business at its meetings as may be provided in the regulations. (2) The Board shall meet at least once in three months. (3) The Chairman and in his absence the Vice-Chairman, and in the absence of both the Chairman and Vice-Chairman, any person chosen by the members present from amongst themselves, shall preside at meetings of the Board. (4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of any equality of votes, the person presiding shall have a second or casting vote. (5) The quorum for the meeting shall be not less than fifty percent of the total strength of the Board members and no business shall be transacted at any meeting unless the members constituting the quorum are present throughout such meeting. (6) Proceedings of the meeting shall be forwarded to the Government. ### 11. Committee of the Board. (1) The Board may from time to time constitute such committee or committees consisting of one or more of the Members of the Board and such other members as it may deem necessary from time to time for providing advice to the Board in carrying out its function under the Act on such terms and conditions as may be prescribed. (2) In addition to the committees under sub section (1), the Board may from time to time constitute from amongst its members one or more committees consisting of such number as the Board may consider necessary for the purpose of discharging such of its duties and functions as may be delegated to such committee or committees. (3) A committee constituted under sub-sections (1) and (2) shall meet at such time and place and shall follow such procedure in regard to the Transaction of Business at its meetings (including the quorum) as may be provided by regulations. ### 12. Fees and allowances payable to members. - The members shall be paid by the Board such fees and allowances for attending meetings of the Board or of any of its committees and for attending any work of the Board, as may be prescribed: Provided that, no fee shall be payable to the Chairman, Deputy-Chairman or any other trustee who is a Government servant. ### 13. Members of Board or Committee not to vote in certain cases. - A member of the Board or of a Committee thereof, who,- (i) has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof; or (ii) is interested professionally on behalf of a client or as agent for any person other than the Government or an undertaking owned or controlled by the Government or a local authority or a trade union registered under the Trade Unions Act, 1926 or member of an association formed for the purpose of promoting the interest or welfare of any class of employees of the Board shall; as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the minutes of the Board or the committee, and the member shall not take part in any deliberation or decision of the Board or the committee with respect to that matter. ### 14. Defects in appointment not to invalidate acts, etc. - No act or proceeding of the Board or of any of its committees shall be invalid merely by reason of,- (a) any vacancy therein or any defect in the constitution thereof; or (b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or (c) any member having acted or taken part in any proceedings in contravention of section 13; or (d) any defects or irregularity in its procedure not affecting merits of the case. ### 15. Delegation of powers. - The Board, may, with the approval of the Government, direct that such of the powers and duties conferred or imposed upon it or under this Act as may be specified in such direction may also be exercised or performed by the Chief executive officer subject to such restrictions and conditions as may be specified in such direction: Provided that the Chief Executive officer shall exercise the powers and perform such of the duties specified in the direction subject to the supervision and control of the Board. ### 16. Functions of the Board. (1) It shall be the obligatory function and duty of the Board,- (a) to initiate and develop plans and frame guide lines for the port sector in the state; (b) to promote the use, development, and improvement of ports in the state; (c) to provide, maintain and operate ports in the state; (d) to provide and maintain adequate and efficient lighthouses beacons and other lights buoys and other navigational aids and services at such places as the board may deem appropriate; (e) to regulate and control navigation within the limits of the port and the approaches to the ports in the state; (f) to exercise licensing and regulatory functions in respect of port infrastructure and services; (g) to exercise supervision and control over all port works in the state including those works entrusted on contract to third parties; (h) to frame or make modifications and approve as required to the scale of rates for services provided by the board; (i) to plan or provide or secure the provision of a safe economical and efficient sea transport system for movement of goods and persons in the state; (j) to furnish to the Government all information in respect to its property and activities in such manner and at such times as the Government may require; (k) to develop new non-major Ports in the State as per Indian Ports Act, 1908 with the approval of the Government subject to obtaining security clearance for new projects from Ministry of Home Affairs, Government of India; Provided that, the Board shall ensure that all security clearance pertaining to projects/developments/operation of minor/private ports be processed in consultation with concerned central security agencies and in accordance with the standard operating procedures recommended by the Task Force on national committee on strengthening maritime and coastal security (NCSMCS) against threats from the sea. (l) to provide facilities and create Infrastructure for Ship building, Ship breaking and related activities; (m) to maintain and regulate ferry services and Inland Water Transport System in Karnataka State; (n) without prejudice the above to provide or ensure the providing of such other services and other facilities as are in the opinion of the Board necessary for the efficient operation of ports systems in the state. (2) In addition to the obligatory functions mentioned in sub section (1) of this section, the Board shall be entitled to perform the following functions subject to availability of funds by way of grants or subventions from the Government or any local authority etc: (a) to carry out flood relief works for natural calamity works in Karnataka coast (b) to undertake tourism development works in and the around the Karnataka coast. (c) To carryout coastal protection works and to prevent sea erosion in Karnataka coast. (d) To construct and maintain fisheries harbours and create infrastructure required for promoting fishing activities in the state. (e) To carry out beach nourishments in Karnataka coast and (f) To manage and execute all types works as its relates to the Karnataka coast; (3) The Government shall make suitable budgetary provisions as grants for subventions in aid of the revenues of the Board for carrying out the activities specified in sub section (2) and any other service oriented works in the State including establishment charges therefore. Chapter-III Staff of the Board ### 17. Appointment of Chief Executive officer and other officers. (1) The Government shall appoint such person as in its opinion has the qualification, experience of and capabilities for development, operation, management and administration of ports and Inland Water ways specified in the regulation to be the Chief Executive officer of the Board. (2) The Board may create such posts and appoint such other officers and servants, as it considers necessary in accordance with the regulations made in this behalf for the efficient performance of its functions. (3) Notwithstanding any thing contained in sub-section (2), the Board may sanction the creation of or appoint any person to any post in accordance with the schedule of the employees of the board prepared in terms of section 18 (2) with the previous approval of the Government. Provided that no person shall be appointed as a Pilot at any Port who is not for the time being authorized by the Board under the Indian Ports Act to Pilot vessels at that Port. ### 18. Terms and conditions of the employees of the Board. (1) The Board may from time to time prepare and notify, with prior approvals of the Government a schedule of the employees of the Board i.e. considered necessary, adequate and proper to maintain for the purposes of this Act and such schedule shall indicate therein the designations and grades of employees. (2) The qualification, remuneration, terms and conditions of service and the method of recruitment of the employees of the board shall be such as may be specified by the regulations. ### 19. Absorption of employees in to the Board service. (1) Every employee serving under the Government immediately before such day on which this Act comes into operation solely or mainly for or in connection with the affairs of non-major Ports, Inland Water Transport and Coastal Protection shall become employees of the Board on absorption and shall hold his office therein by the same tenure subject to such terms as the Government may approve and unless he exercises an option for non absorption in to the Board service upon the same terms and conditions of service as he would have held had the board not been established and shall continue to do so until his retirement either on superannuation, medical invalidation, dismissal, removal or voluntary retirement: Provided that the employees who do not offer for absorption in the Board service shall be deemed to serve in the Board on deputation: Provided further that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous sanction of the Government. (2) All existing service rules applicable to employees serving under the Government shall continue to be applicable to the employees of the Government absorbed in the Board. (3) The Board shall have the power of granting leave to the employees of the Board. The Board shall also have the power to suspend, remove dismiss or dispose of any other question relating to the services of the employees of the Board in accordance with the regulations. (4) Any officer or Employee of the Board, aggrieved by an order involving his reduction in rank, removal or dismissal done by the Board in accordance with the Karnataka Civil Service rules, other rules governing conditions of service including the disciplinary and conduct rules which are amended from time to time may with in such time and in such manner as may be provided for by regulations, prefer an appeal to the Government and the decision of the Government shall be final. Chapter-IV Property and Contracts ### 20. Transfer of assets and liabilities of Government to Board. - As from the appointed day, in relation to any port, Inland Water Ways/Ferry Service and Coastal Protection Works,- (a) all properties, assets and funds and all rights to levy rates vested in the Government for the purposes of the port Inland Water Ways/Ferry Service and Coastal Protection Works immediately before such day, shall be valued by an independent valuer approved by the Government and appoint such valuation, shall vest in the Board; (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 Government immediately before such day, for or in connection with the purposes of the non-major port, Inland Water Ways/Ferry Service and Coastal Protection Works shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Board; (c) all non-recurring expenditures incurred by the Government for or in connection with purposes of the non-major ports, Inland Water Ways/Ferry Service and Coastal Protection Works up to such day and declared to be capital expenditure by the State Government shall be treated as the capital provided by the Government to the Board; (d) all rates, fees, rents and other sums of money due to the Government in relation to the non-major port, Inland Water Ways/Ferry Service and Coastal Protection Works immediately before such day, shall be deemed to be due to the Board; (e) all suits and other legal proceedings instituted by or against the Government immediately before such day for any matter in relation to non-major port, Inland Water Ways/Ferry Service and Coastal Protection Works, may be continued by or against the Board. ### 21. Existing rates, etc., to be continued until altered by the Board. - As from the appointed day, all rates, fees and other charges in relation to any non-major ports, Inland Water service and Ferry services, shall unless and until they are varied by the competent authority in accordance with the provisions of this Act, continue to be levied and collected, at the same rate at which they were being levied and collected by the Government before such day. ### 22. Repayment of Capital with interest. - The Board shall repay at such intervals and on such terms and conditions as the Government may determine the amount which is treated under clause (c) of sub-section (1) of section 20 as capital provided by the Government and with interest at such rate as may be fixed by the Government and such repayment of capital or payment of interest shall be deemed to be a part of the expenditure of the Board. ### 23. Procedure when immovable property cannot be acquired by agreement. - Where any immovable property is required for the purposes of the Board, the Government may, at the request of the Board, procure the acquisition thereof under the provisions of the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) or any other applicable laws. ### 24. Contracts by Board. - In respect of the contracts by the Board for the purposes of this Act, the following provisions shall have effect, namely:- (a) Every contract shall be made on behalf of the Board by the Chief Executive officer or an officer authorized by the Board. No contract in respect of leasing of water front, jetty, waterway and corresponding infrastructure facilities thereof for a term exceeding five years shall be made unless it is previously approved by the Government on such terms and conditions as it may deem fit; (b) No contract for acquisition or sale of immovable property or for the lease of any such property for a term exceeding five years shall be made unless it is previously approved by the Government (c) The form and manner of executing contracts on behalf of the Board shall be such as may be prescribed by rules; Chapter-V Works and Services to be Provided at Ports by the Board ### 25. Powers of the Board to execute works and provide appliances. (1) The Board may, subject to any other law for the time being in force, execute such works within or outside the limits of ports and provide such appliances as it may deem necessary or expedient. (2) Such works and appliances may include,- (a) for wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, with all such convenient arches, trams, landing places, stairs, fences, roads, bridges, tunnels and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary; (b) to buses, locomotives, railways, rolling stock, sheds, hotels, warehouses and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving and storing goods landed or to be shipped or otherwise; (c) to moorings and cranes, scales and all other necessary means and appliances for loading and unloading of vessels; (d) to dredging, reclaiming, excavating, enclosing and raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorized by this Act or otherwise for the purposes of this Act; (e) to such break water and other works as may be expedient for the protection of the port; (f) to dredgers and other machines for cleaning, widening, deepening and improving any portion of the port or port approaches or of the foreshore of the port or port approaches; (g) to light-houses, light-ships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of the port and the port approaches in so far as it relates to State functions; (h) to vessels, tugs, boats, barges and launches and lighters for the use within the limits of the port or beyond those limits, whether in territorial waters or otherwise, for the purposes of towing or rendering assistance to any vessel whether entering or leaving the port or bound elsewhere and for the purpose of saving or protecting life or property and for the purposes of landing, shipping or transshipping passengers or goods under section 32; (i) to sinking of tube well and equipment, maintenance and use of boats, barges and other appliances for the purpose of the supply of water at the port; (j) to engines and other appliances necessary for the extinguishing of fires; (k) to lands abutting the sea coast including creeks; (l) to ferry boats and other works and equipment appertaining to the running of ferry service in the State of Karnataka; (m) to construction of models and plans for carrying out hydraulic studies; (n) to dry docks, slipways, boat basins and workshops to carryout repairs or overhauling of vessels, tugs, boats, machinery or other appliances; (o) to initiate and develop plans and frame guide lines for the port sector in the state; (p) to promote the use, development, and improvement of ports in the state; (q) to provide maintain and operate ports in the state; (r) to provide and maintain adequate and efficient lighthouses beacons and other lights buoys and other navigational aids and services at such places as the board may deem appropriate; (s) to regulate and control navigation within the limits of the port and the approaches to the ports in the state; (t) to exercise licensing and regulatory functions in respect of port infrastructure and services; (u) to exercise supervision and control over all port works in the state including those works contracted out to third parties; (v) to make modifications and approve as required to the scale of rates for services provided by the board; (w) to plan or provide or secure the provision of a safe economical and efficient sea transport system for movement of goods and passengers. Provided that, the Board shall ensure that security at port confirms the norms required under international ships and ports security (ISPS) code and also the compliance of security guidelines/instructions issued by Ministry of Home Affairs and Ministry of Shipping, from time to time. (x) to furnish to the Government all information in respect to its property and activities in such manner and at such times as the Government may require; (y) to develop new minor ports in the State as per Indian Ports Act, 1908 with the approval of the Government; (z) to provide facilities and create Infrastructure for Ship Building, Ship Breaking activities; (za) tourism development works in the Karnataka coast; (zb) to maintain and regulate ferry services and Inland Water Transport System in Karnataka State; (zc) to carry out coastal protection works in Karnataka State; (zd) for construction and maintenance of fisheries harbours and create Infrastructure required for fishing activities in the State; (ze) to carryout beach nourishment in Karnataka coast; (zf) without prejudice to the above, to provide or ensure providing of such other services and other facilities as are in the opinion of the Board necessary for the operation of ports in the state. (3) The Government shall make separate budgetary provision for carrying out ferry services, coastal protection, fishing harbour and any other service oriented works in the State including establishment charges. ### 26. Power of the Board in undertaking certain works. (1) The Board may undertake to carry out on behalf of any person any works or services or any class of works or services, on such terms and conditions as may be agreed upon between the Board and the person/authority concerned. (2) The Board may, if it considers it necessary or expedient in the public interest so to do, lend any of its vessels or appliances or the services of any of its employees to any person for such period not exceeding three months and on such terms and conditions as may be agreed upon between the Board and the person concerned. ### 27. Power of Board to order sea going vessel to use dock, wharves etc. (1) When any dock, berth, wharf, quay, stage, jetty or pier or place of anchorage erected at any port or port approaches under the provisions of this Act has been completed with sufficient warehouses, sheds and appliances for receiving, landing or shipping goods or passengers from and upon sea going vessels, the Board may, after obtaining the approval of the Commissioner of Customs and by notification published in three consecutive issues, of the official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving landing and shipping or for landing or for shipping goods or passengers from and upon sea going vessels. Provided that, the Board shall ensure that prior to such notifications the provisions of the section 29 and 33 of the Customs Act, 1962 shall be complied and no imported goods shall be unloaded and no export goods shall be loaded at any place other than a place approved under clause (a) of section 8 of the Customs Act, 1962 for the unloading or loading of such goods, except with the permission of the proper officer. (2) As from the date of the publication of such notification for the third time, it shall be lawful for the Board from time to time, when there is room at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage to order to come alongside of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for the purpose of landing and shipping goods or passengers or for landing or for shipping the same, any sea-going vessel within the port or port approaches which has not commenced to discharge goods or passengers or which being about to take in goods or passengers, has not commenced to do so: Provided that before making such order, the Board shall have regard as far as possible to the convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf, quay, stage, jetty, pier or place of anchorage. ### 28. Accommodation for sea going vessels to use docks, wharves, etc. - When a sufficient number of docks, berths wharves, quays, stages, jetty, pier or place of anchorage have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the Commissioner of Customs and by notification published in three consecutive issues of the official Gazette, direct that no goods or passengers shall be landed or shipped from or upon any seagoing vessel within the port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties, piers, or place of anchorage except with the sanction of the Board and in accordance with such conditions as the Board may specify. Provided that, the Board shall ensure that prior to such notifications the provisions of the section 29 and 33 of the Customs Act, 1962 shall be complied and no imported goods shall be unloaded and no export goods shall be loaded at any place other than a place approved under clause (a) of section 8 of the Customs Act, 1962 for the unloading or loading of such goods, except with the permission of the proper officer. ### 29. Power to order vessels not to come alongside of, or to be removed from docks, wharves etc. - Any officer appointed by the Board in this behalf, may, in cases of emergency or for any reason which appear to him sufficient, by notice in writing, order the master or owner or agent or any seagoing vessels not to bring such vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to or under the control of the Board and if, such notice is not complied with, the Board may charge in respect of such vessel such sums as it thinks fit, not exceeding ten thousand rupees for each day of twenty four hours or portion of such day, during which such vessels remains at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage: Provided that in case a vessel ordered to be removed such charge shall not commence to be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or owner or agent of the vessel. ### 30. Power of Government to exempt vessels from obligation to use wharves etc. - Notwithstanding anything contained in section 27 or 28, the Government may, if in its opinion, it is necessary in the public interest so to do, by general or special order from time to time permit certain specified vessel or classes of vessels to discharge or ship goods or certain specified goods or classes of goods at such place in a port or within the port approaches, in such manner, during such period and subject to such payment to the Board and on such conditions as the Government may think fit. Provided that any notification regarding loading or unloading of export/imported goods in certain specific vessels/class of vessels shall be done in accordance with the provisions the Customs Act, 1962. ### 31. Board to declare when vessels other than sea going vessels compelled to use dock, wharves, etc. (1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for receiving, landing or shipment of goods or passengers from or upon vessels, not being sea-going vessels has been made and completed with all proper appliances in that behalf, the Board may, after obtaining the approval of the Commissioner of Customs, by order published in the official Gazette,- (i) declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passengers from or on vessels not being sea-going vessels; and (ii) direct that within certain limits to be specified therein it shall not be lawful without the express sanction of the Board, to land or ship any goods or passengers, out of, or into, any vessel not being, sea going vessels of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage. (2) As from the date of the publication of the order mentioned in sub-section (1), it shall not be lawful without the consent of the Board, for any vessel of such class,- (i) to land or ship any goods or passengers at any place within the limits so specified except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage; and (ii) while within such limits to anchor, fasten or lie within fifty meters of the ordinary low- water mark. (3) If after the publication of such order, any such vessel shall, while within the limits so specified, so anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expenses of the master or owner or agent of the vessel. ### 32. Performance of services by Board or other person. (1) The Board shall have power to undertake the following services, namely:- (a) stevedoring, landing, shipping or trans shipping passengers and goods between vessels in port and the wharves, piers, quays or docks belonging to or in the possession of the Board; (b) receiving, removing, shifting, transporting, storing or delivering goods brought within the Board's premises; (c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the Board may think fit to impose; and (d) piloting, hauling, mooring, rumouring, hooking or measuring of vessels or any other service in respect of vessels. (2) The Board may, if so requested by the owner, take charge of the goods for the purpose of performing the service or services and shall give a receipt in such form as the Board may specify by the regulations. (3) Notwithstanding anything contained in this section, the Board may authorize any person to perform any of the services mentioned in sub-section (1) on such terms and conditions as may be agreed upon. (4) No person authorized under sub-section (3) shall charge or recover for such service any sum in excess of the amount leviable according to the scale framed under sections 37, 38 or 40. (5) Any such person shall, if so required by the owner perform in respect of the goods any of the services and for that purpose take charge of the goods and give a receipt in such form as the Board may specify. (6) The responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872. (7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transhipped. ### 33. Responsibility of Board for loss, etc., of goods. (1) The responsibility of the Board for the loss, destruction or deterioration of good of which it has taken charge shall, subject to provisions of the section 45 of the Customs Act, 1962,- (i) in the case of goods received for carriage by railway, be governed by the provisions of the Indian Railways Act, 1890; and (ii) in other cases, be that of a bailor under sections 151, 152 and 161 of the Indian Contract Act, 1872 omitting the words " in the absence of any special contract" in section 152 of that Act: Provided that no responsibility under this section shall attach to the Board, - (a) until a receipt mentioned in sub-section (2) of section 32 is given by the Board; and (b) after the expiry of such period as may be prescribed by regulations from the date of taking charge of such goods by the Board. (2) The Board shall not be in any way responsible for the loss destruction or deterioration of, or damage to goods of which it has taken charge unless notice of such loss or damage has been given within such period as may be prescribed by regulations, from the date of taking charge of such goods by the Board under sub-section (2) of section 32. ### 34. Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act, 1962. (1) Where the Commissioner of Customs has, under the provisions of any Act for the levy of duties of customs appointed any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage warehouse or shed or a portion of any warehouse of shed provided at any port under the provisions of this Act for the use of sea going vessels to be an approved place for the landing or shipping of goods of a warehouse for the storing of dutiable goods on the first importation thereof without payment of duty, within the meaning of the first-mentioned Act of the Board shall set apart and maintain such place on or adjoining such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage or in such warehouse or shed or portion thereof, for the use of officers of customs as may be necessary. (2) Notwithstanding that any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, warehouse or shed or portion thereof at any port has, under the provisions of sub-section(1), been set apart for the use of the officers of customs at the port, all rates and other charges, payable under this Act in respect thereof, or for the storage of goods therein shall be payable to the Board, or to such person or persons as may be appointed by the Board to receive the same. (3) The customs cargo service provider for custody of imported goods or export goods and for handling of such goods in custom area shall full fill the conditions stipulated in regulation 5 of the Handling of Cargo Customs Areas Regulations, 2009. (4) The customs cargo service provider shall provide free of cost or rent free, fully furnished office accommodation for customs. Customs Electronic Data Interchange (ED) Service Centre with required amenities and facilities and residential accommodation and transportation facilities for customs staff is to be provided subject to the satisfaction of the Commissioner of Customs. As per the regulation 5 (b) Handling Cargo in Customs Area Regulation, 2009. ### 35. Power to permit erection of private wharves, etc., within the limits of port subject to conditions. (1) No person shall make, erect or fix within the limits of a port or port approaches any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, erection or mooring or undertake any reclamation of foreshore within the said limits except with the previous permission in writing of the Board and subject to such conditions, if any, as the Board may specify. (2) If any person makes, erects or fixes any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, erection or mooring or undertakes reclamation of foreshore in contravention of sub-section (1), the Board may, by notice require such person to remove it within such time as may be specified in the notice and if the person fails so to remove it, the Board may, by notice require such person to remove it within such time as may be specified in the notice and if the person fails so to remove it, the Board may cause it to be removed at the expenses of that person. ### 36. Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful. (1) Where, as a result of an order published under section 28 or section 31, the use of any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, made fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned, by order, close, remove, fill up or destroy such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the previous sanction of the Government determine. (2) Save as otherwise provided under sub-section (3), no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1). (3) If it is proved to the satisfaction of the Board that any such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, was made, fixed or erected by any person with the previous permission of the authority competent to grant such permission, he shall be paid by the Board compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, namely:- (a) in computing the compensation, there shall not be taken into account any rates or other charges, which such person shall be liable to pay for using any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, provided by the Board; (b) the amount of compensation shall be calculated with reference to the cost of construction of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage; (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (d) where no such agreement can be reached, the Government shall appoint an arbitrator, a person who is or has been, or is qualified for appointment as a Judge of the High Court; (e) the Government may, in any particular case,; nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any question which has to be decided by him under this section, and where such nomination is made the person to be compensated may also nominate an assessor for the same purpose; (f) after the commencement of the proceeding before the arbitrator, the Board and the person to be compensated shall state what in their respective opinion is a fair amount of compensation; (g) the arbitrator shall after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid; (h) where there is a dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof among such persons; (i) nothing in the Arbitration and Conciliation Act, 1996 shall apply to arbitrations under this section; (j) the arbitrator appointed under this section, while holding arbitration proceedings under this Act, shall 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:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of documents; (iii) receiving evidence on affidavits; (iv) issuing commissions for examination of witnesses or documents; (k) every award shall also state the amount of costs incurred in the arbitration proceedings under this section and by what persons and in what proportions they are to be paid; (l) any person aggrieved by an award of the arbitrator made under this section may, within thirty days from the date of the award, prefer an appeal to the High Court within whose jurisdiction the port is situated: Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Chapter-VI Imposition and Recovery of Rates at Ports ### 37. Scales of rates for services performed by board or other person. (1) The Board shall from time to time frame by regulation a scale of rates at which and a statement of the conditions under which any of the services specified hereunder shall be performed by itself or any person authorized under section 32 at or in relation to the port or port approaches,- (a) transhipping of passengers or goods between vessels in the port or port approaches; (b) stevedoring, landing and shipping of passengers or goods from or to such vessels, to or from any wharf, quay, jetty, pier, dock, berth, mooring stage, or erection, land or building in the possession or occupation of the Board or at any place within the limits of the port or port approaches; (c) cranage or porterage of goods on any such place; (d) wharfage, storage or demurrage of goods on any such place; (e) any other service in respect of vessels, passengers or goods excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act, 1908. (2) Different scales of rates and conditions may be framed for different classes of goods and vessels and for different ports. ### 38. Scale of rates and statement of conditions for use of property belonging to Board. (1) The Board shall, from time to time also frame by regulations a scale of rates on payment of which and a statement of conditions under which any property belonging to, or in the possession or occupation of, the Board or in any place within the limits of the port or port approaches may be used for the purposes specified hereunder:- (a) approaching or lying at or alongside any buoy, mooring, wharf, quay, pier, dock, land, building or place as aforesaid by vessels; (b) entering upon or plying for hire at or on any wharf, quay, pier, dock, land, building, road, bridge, approach or place as aforesaid by animals or vehicles carrying passengers or goods; (c) leasing of land or sheds by owners of goods imported or intended for export or by steamer agents and stevedores; (d) any other use of any land, building, works, vessels or appliances belonging to or provided by the Board. (2) Different scales of rates and conditions may be framed by regulation for different classes of goods and vessels and for different ports. ### 39. Consolidated rates of combination of services. - The Board may, from time to time, frame by regulation a consolidated scale of rates for any combination of the services specified in section 37 or for any combination of such service or services with any user or permission to use any property belonging to or in the possession or occupation of the Board, as specified in section 38. ### 40. Power to levy concessional rates in certain cases. - In framing scales of rates under any of the foregoing provisions of this chapter, the Board may specify a lower rate in respect of,- (a) coastal goods, that is to say, goods other than imported goods as defined in the Customs Act, 1962 carried in a vessel from one Indian Port to another Indian Port: Provided that the Board shall not make any discrimination between one Indian port and another such port in specifying a lower rate under this section; (b) other goods in special cases. ### 41. Scale of rates and conditions. - Every scale of rates and every statement of conditions framed by the Board under the foregoing provisions of this Chapter, shall be submitted to the Government for sanction and shall have effect when so sanctioned and published by the Board in the official Gazette. ### 42. Power of Government to require modification or cancellation of rates. (1) Whenever the Government considers it necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct the Board to cancel any of the scales in force or modify the same within such period as the Government may specify in the order. (2) If the Board fails or neglects to comply with such direction within the specified period, the Government may cancel any of such scales or make such modifications therein as it may think fit: Provided that before so cancelling or modifying any scale, the Government shall consider any objection or suggestion which may be made by the Board during the specified period. (3) When in pursuance of this section any of the scales has been cancelled or modified, such cancellation or modification shall be published by the Government in the official Gazette and shall thereupon have effect accordingly. ### 43. Remission of rates or charges. - The Board may, in special cases, and for reasons to be recorded in writing, exempt either wholly or partially any goods, vehicles, or vessels or class of goods, vehicles or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale of rates in force under this Act or remit the whole or any portion of such rate or charge so levied. ### 44. Refund of overcharges. - No person shall be entitled to a refund of an overcharge made by the Board unless his claim to the refund has been preferred in writing by him or on his behalf to the Board within six months from the date of payment duly supported by all original relevant documents: Provided that the Board may, of its own motion remit overcharges made in its bills at any time. ### 45. Notice of payment of charges short levied or erroneously refunded. (1) When the Board is satisfied that any charge leviable under this Chapter has been short levied or erroneously refunded, it may issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice: Provided that no such notice shall be issued after the expiry of three years,- (a) when the charge is short levied, from the date of the payment of the charge; (b) where a charge has been erroneously refunded, from the date of refund; (2) The Board may after considering the representation if any made by the person to whom notice is issued under sub-section (1), determine the amount due from such person and thereupon such person shall pay the amount so determined. ### 46. Time for payment of rates on goods. - Rates in respect of goods to be landed shall be payable immediately on the landing of the goods and rates in respect of goods to be removed from the premises of the Board or to be shipped for export or to be transhipped shall be payable before the goods are removed, shipped or transhipped. ### 47. Boards lien for rates. (1) For the amount of all rates leviable by the Board under this Act in respect of any goods and for the rent due to the Board for any building, plinths, stacking are as or other premises on or in which any goods may have been placed, the Board shall have a lien on such goods; and may seize and detain the same until such rates and rents are fully paid. (2) Such lien shall have priority over all other liens and claims, except for general average and for the ship owner's lien upon the said goods for freight and other charges where such lien exists and has been preserved in the manner provided in sub-section (1) of section 48 and for money payable to the Central Government under any law for the time being in force, relating to customs other than by way of penalty or fine and to the Government under any law for the time being in force. ### 48. Ship owner's lien for freight and other charges. (1) If the master or owner of any vessel or his agent at or before the time of landing from such vessels and goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in occupation of the Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount. (2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of goods until such lien is discharged as hereinafter mentioned and godown and storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained. (3) Upon the production before any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or release from the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien: Provided that the Board shall have used reasonable care in respect to the authenticity of such document. ### 49. Sale of goods after two months if rates or rent are not paid or lien for freight is not discharged. (1) The Board may, after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty four hours after the landing of the animals or goods as the Board, may think fit, sell by public auction or in such cases as the Board considers it necessary so to do, for reasons to be recorded in writing, sell by tender, private agreement or in any other manner such goods or so much thereof ask in the opinion of the Board may be necessary,- (a) if any rates payable to the Board in respect of such goods have not been paid; or (b) if any rent payable to the Board in respect of ;anyplace on or in which such goods have been stored has not been paid; or (c) if any lien of any ship-owner for freight or other charges of which notice has been given has not been discharged and if the person claiming such lien for freight or other charges has made to the Board an application for such sale. (2) Before making such sale, the Board shall give ten days notice of the same by publication thereof in the official Gazette and also in at least one of the widely circulated local daily newspapers: Provided that in the case of animals and perishable or hazardous goods, the Board may give such shorter notice and in such manner as, in the opinion of the Board, the urgency of the case admits of. (3) If the address of the owner of the goods has been stated in the manifest of the goods or in any of the documents which have come into the possession of the Board or is otherwise known, notice shall also be given to him by letter delivered at such address or sent by post, but the title of a bonafide purchaser of such goods shall not be invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent. (4) Notwithstanding anything contained in this section, controlled goods may be sold at such time and in such manner as the Government may direct. Explanation. - In this section and section 50 " controlled goods " means goods the price or disposal of which is regulated under any law for the time being in force. ### 50. Disposal of goods not removed from premises of Board within time limit. (1) Notwithstanding anything contained in this Act, where any goods placed in the custody of the Board upon the landing thereof are not removed by the owner or other person entitled thereto from the premises of the Board within one month from the date on which such goods, were placed in their custody, the Board may, if the address of such owner or person is known, cause a notice to be served upon him by letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his address is not known cause a notice to be published in the official Gazette, and also in at least one of the widely circulated local daily newspapers requiring him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable to be sold by public auction or by tender, or agreement or in any manner: Provided that where all the rates and charges payable under this Act in respect of any such goods have been paid, no notice of removal shall be so served or published under this sub-section unless two months have expired from the date on which the goods were placed in the custody of the Board. (2) The notice referred to in sub-section (1) may also be served on the agent of the vessel by which such goods were landed. (3) If such owner or person does not comply with the requisition in the notice served upon him or published under sub-section(1), the Board may at any time after the expiration of two months from the date of which such goods were placed in its custody, sell the goods by public auction or, in such cases as the Board considers it necessary so to do, for reasons to be recorded in writing sell by tender, private agreement or in any other manner such goods or so much thereof as in the opinion of the Board may be necessary, after giving notice of the sale in the manner specified in sub-sections (2) and (3) of section 49. (4) Notwithstanding anything contained in sub-section (1) or sub-section (3),- (a) the Board may in the case of animals and perishable or hazardous goods give notice of removal of such goods although the period of one month or as the case may be, of two months specified in sub-section(1) has not expired or give such shorter notice of sale in such manner as in the opinion of the Board the urgency of the case requires; (b) controlled goods may be sold in accordance with the provisions of sub-section (4) of section 49. (5) The Government may, if it deems necessary so to do in the public interest, by notification in the official Gazette, exempt any goods or classes of goods from the operation of this section: Provided that, in custom area the Board shall ensure that the manner of disposal of unclaimed/uncleared cargo is in accordance with the provisions of section 48 of the Customs Act, 1962 read with Handling of Cargo in Customs Areas Regulations, 2009. ### 51. Application of sale proceeds. (1) The proceeds of every sale under section 49 or section 50 shall be applied in the following order:- (a) in payment of the expenses of the sale; (b) in payment, according to their respective priorities, of the liens and claims excepted in sub-section(2) of section 47 from the priority of the lien of the Board; (c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof including demurrage (other than the penal demurrage) payable in respect of such goods for a period of four months from the date of landing; (d) in payment of any penalty or fine due to the Central Government under any law for the time being in force relating to customs; (e) in payment of any other sum due to the Board. (2) The surplus, if any shall be paid to the importer, owner or consignee of the goods or to his agent, on an application made by him in this behalf within six months from the date of the sale of the goods. (3) Where no application has been made under sub-section (2), the surplus shall be applied by the Board for purposes of this Act: Provided that, in custom area proceeds of every sale under section 49 and 50 shall be applied subject to the Order specified in section 150 of the Customs Act, 1962. ### 52. Recovery of rates and charges by detainment of vessel. (1) If the master of any vessel in respect of which any rates or penalties are payable under this Act, or under any regulations or orders made in pursuance thereof, refuses, or neglects to pay the same or any part thereof on demand, the Board may detain or arrest such vessel and the tackle, apparel and furniture belonging thereto or any part thereof and detain the same until the amount so due to the Board, together with such further amount as may accrue for any period during which the vessel is under detain or arrest is paid. (2) In case any part of the said rates or penalties or of the cost of the distress or arrest or the keeping of the same, remain unpaid beyond five days next after any such distress or arrest has been so made, the Board may cause the vessel or other thing so detained or arrested to be sold and with the proceeds of such sale, shall satisfy such rates or penalties and costs, including the cost of sale remaining unpaid, rendering the surplus (if any), to the master of such vessel on demand. ### 53. Grant of port clearance after payment of rates, realization of damages, etc. - If the Board gives to the officer of the Central Government whose duty is to grant the port clearance to any vessel at the port, notice stating,- (i) that an amount specified therein is due in respect of rates, fines, penalties or expenses chargeable under this Act or under any regulations or order made in pursuance thereof, against such vessel, or by the owner or master of such vessel in respect thereof, or against or in respect of any goods on board such vessels; or (ii) that an amount specified therein is due in respect of any damage referred to in section 100 and such amount together with the cost of the proceedings for the recovery thereof before a Magistrate under that section has not been realized, such officer shall not grant such port clearance until the amount so chargeable or due has been paid or, as the case may be, the damage and cost have been realized. Chapter-VII Borrowing Powers of Board ### 54. Powers to raise loans. (1) The Board may with the previous sanction of the Government borrow loan on such terms and conditions as may be prescribed for the purposes of this Act. (2) Loans may be raised by the Board in the open market on Board securities issued by it or may be obtained from the Government or a Bank approved by the Government. ### 55. Board Securities. (1) The Board may with the previous sanction of the Government specify the form in which the Board securities shall be issued by the Board and the mode in which, and the conditions subject to which, they may be transferred. (2) The holder of any board security in any form may obtain in exchange therefore, upon such terms as the Board may from time to time determine. A Board security shall be in such form as may be prescribed. (3) The right to sue in respect of money secured by the Board securities shall be exercisable by the holders thereof for the time being without preference in respect of priority of date. ### 56. Right of joint or several payees of securities. - Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872,- (a) when any Board's security is payable to two or more persons jointly and either or any of them dies, the Boards security shall be payable to the survivor or survivors of those persons; and (b) when any such security is payable to two or more persons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons or to the legal representative of the deceased or to any of them. ### 57. Powers of one or two or more joint holders to grant receipt. - Where two or more persons are joint holders of any Board security, any one of those persons may give an effectual receipt of any interest payable in respect of such security unless notice to the contrary has been given to the Board by any other of the holders. ### 58. Endorsement to be made on security itself. - Endorsement of a Board Security which is transferable by endorsement shall be valid when it is made under the Signature of the holder inscriber or marker in accordance with the Negotiable Instrument Act, 1881 (Central Act 26 of 1881) ### 59. Endorsement of security and liable for amount thereof. (1) A person shall by reason of his having endorsed any board security, be liable to pay any money due either as principal or as interest there under. (2) The signature of the person authorized to sign the Board Securities on behalf of the Board may be printed engraved or lithographed or impressed by such mechanical process as the Board may direct. (3) A signature so printed engraved or lithographed impressed or otherwise shall be valid as if it had been inscribed in the proper handwriting of the person so authorized. ### 60. Issue of duplicate security. (1) When any Board security is lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the Board and on producing proof to the satisfaction of the Board, loss, theft or destruction and of the genuineness of the claim and on payment of such fee, if any, as may be provided by regulations, obtain from the Board an order for,- (a) the payment of interest in respect of the security said to be lost, stolen, or destroyed, pending issue of a duplicate security; and (b) the issue of a duplicate security payable to the applicant. (2) An order shall not be passed under sub-section (1), until after the issue by the Board of the notification of the loss, theft or destruction in the manner specified by regulations. (3) A list of securities in respect of which an order is passed under sub section (1), shall be published in such manner as the Board may specify by regulations. (4) If at any time before the Board becomes discharged under the provisions of this Act from the liability in respect of any security the whole of which is alleged to have been lost, stolen or destroyed such security is found, any order passed in respect thereof under this section shall be cancelled. ### 61. Issue of converted, etc., securities. (1) The Board may, subject to such conditions as it may specify by regulations, on the application of a person claiming to be entitled to a Board security or securities issued by it, on being satisfied of the genuineness of the claim and on delivery of the security or securities receipted in such manner and on payment of such fee, if any, as it may specify by regulation, convert, consolidate or subdivide the security or securities, and issue to the applicant a new security or securities accordingly. (2) The conversion, consolidation or sub-division referred to in sub-section (1) may be into security or securities of the same or different classes or of the same or different loans. ### 62. Discharge in certain cases. - Notwithstanding anything contained in the Indian Limitation Act, 1963,- (i) on payment of the amount due on a security on or after the date on which payment become due; or (ii) when a duplicate security has been issued under section 60; or (iii) when a new security or securities has or have been issued upon conversion, consolidation or sub-division under section 61; the Board shall be discharged from all liability in respect of the security or securities so paid or in place of which a duplicate or new security or securities has or have been issued,- (a) in the case of payment, after the lapse of six years from the date on which payment was due; (b) in the case of a duplicate security, after the lapse of six years from the date of the publication under sub-section (3) of section 60 of the list in which the security is first mentioned or from the date of the last payment of interest on the original security, whichever is later; (c) in the case of a new security issued upon conversion, consolidation or sub-division, after the lapse of six years from the date of the issue thereof. ### 63. Security for loans taken by the Board. - All loans raised by the Board under this Act shall be a first charge on,- (1) the property vested or which may hereinafter during the currency of the loans become vested in the Board other than,- (i) any sum set apart by the Board,- (a) as the sinking fund for the purpose of paying off any loan; or (ii) the provident or pension fund established by the Board; (2) the rates leviable by the Board under this Act. ### 64. Remedies of Government in respect of loans made to Board. - The Government shall have in respect of loans raised by it to the Board the same remedies as holders of Board securities issued by the Board; and the Government shall not be deemed to possess any prior or greater rights in respect of such loans than holders of such Board securities: Provided that when the terms of any such loan made before the appointed day expressly provide that the loan shall have priority over all other loans in the matter of repayment by the Board, such loan shall have priority. ### 65. Power of Board to repay loans before due date. - The Board may, with the previous sanction of the Government, apply any sums which may come into its hands under the provisions of the Act and which can be so applied without prejudicing the security of the other holders of the Board securities, in repaying to the Government any sum which may remain due to it in respect of the principal of any loan although the time fixed for the repayment of the same may not have arrived: Provided that no such repayment shall be made of any sum less than ten thousand rupees; and that if such repayment is made, the amount of interest in each succeeding instalment shall be so adjusted as to represent exactly the interest due on the outstanding principal. ### 66. Establishment of sinking fund. (1) If in respect of a loan raised by the Board under this Act which is not repayable before the expiration of one year from the date of the loan, the Government by an order in writing so directs the Board shall set apart half yearly out of its income, as a sinking fund, a sum sufficient to liquidate the loan within a period which shall not in any case unless the previous consent of the Government has been obtained exceed twenty five years; but the maximum period shall not in any case exceed forty years: Provided that a sinking fund need not in the absence of any stipulation to that effect be established in the case of loans taken by the Board from the Central Government or any other State Government. (2) Where any sinking fund has, before the appointed day, been established by any authority in respect of a loan raised by it, for which loan, the Board is liable under this Act, the sinking fund so established by that authority shall be deemed to have been established by the Board under this section. ### 67. Investment and application of sinking fund. (1) The sums so set apart by the Board under sub-section (1) of section 66 and the sums forming part of any sinking fund referred to in sub-section (2) of that section shall be invested in public securities or in such other securities as the Government may approve in this behalf and shall be held by the Board in trust for the purposes of this Act. (2) The Board may apply the whole or any part of the sums accumulated in any sinking fund in or towards the discharge of the moneys for the repayment of which the fund has been established: Provided that it pays into the fund in each year and accumulates until the whole of the money borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied. ### 68. Examination of sinking fund. (1) A sinking fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the fund are actually equal to the amount which would have been accumulated if, investment had been regularly made and the rate of interest as originally estimated had been obtained thereon. (2) The Board shall pay forthwith into the sinking fund any amount which the person appointed under sub-section (1) to conduct the annual examination of the fund may certify to be deficient unless the Government specifically sanctions a gradual readjustment. (3) If the cash and current market value of the securities at the credit of sinking fund are in excess of the amount which should be at its credits, the person appointed under sub-section(1) shall certify the amount of the excess and the Board may, with the previous sanction of the Government reduce or discontinue the half yearly contributions to the sinking fund required under section 66. ### 69. Power of Board to raise loans on short Term Bills. - Nothing contained in this Act shall be deemed to affect power of the Board to raise Loans under the Local Authorities Loans Act, 1914.(Central Act 9 of 1914) ### 70. Power of Board to take Temporary Loans or Over Drafts. - Notwithstanding anything contained in this Act, the Board may,- (i) borrow money by means of temporary over draft or otherwise by placing the securities held by the Board in its Reserve Funds or on security of the Fixed Deposits of the Board in its Banks; (ii) obtain advances from such banks on pledge or hypothecation of its current assets without the previous sanction of the Government: Provided that such temporary over drafts or other loans,- (a) shall not at any time have a longer currency than six months; and (b) shall not be taken without the previous sanction of the Government, if at any time in any year the amount of such over drafts, or other loans exceeds such amount not exceeding fifty lakhs of rupees as the Government may fix in this behalf; Provided further that all moneys so borrowed by over drafts or otherwise shall be expended for the purpose of this Act. ### 71. Power of Board to borrow money from International Bank for Reconstruction and Development or other Foreign Institutions. - Notwithstanding anything contained in this Act, but subject to any other law for the time being in force, the Board may with the previous sanction of the Government and on such terms and conditions as may be approved by the Government ,raise , for the purpose of this Act, loans in any currency or currencies from the International Bank for Reconstruction and Development or from any Bank or Institution in any country outside India, and no other provision of this Chapter shall apply to or in relation to any such loan unless the terms and conditions of the loan or the approval thereof by the Government otherwise provide. Chapter-VIII Revenue and Expenditure ### 72. General Fund of the Board. - The Board shall have and maintain its own fund called the General Fund of the Board to which shall be credited all moneys received by it including grants by the Government subventions, loans and advances, and as the Conservator of the Ports and of their approaches or as the body appointed under section 36 of the Indian Ports Act, 1908. ### 73. Application of moneys in general accounts. (1) The moneys credited to the general account under section 72 shall be applied by the Board in payment of the following charges, namely:- (a) the interest and instalments of principal due in respect of any loan that may have been raised or obtained by the Board or for the repayment of which the Board may be liable and payments to the sinking fund established for such loan; (b) the salaries, fees, remuneration, allowances, pensions, gratuities compassionate allowances or other money due to,- (i) the Chairman, and other members of the Board; (ii) the employees of the Board; and (iii) the surviving heirs, if any, of such employees; (c) the contributions, if any, payable to the Central Government or any State Government on account of the pension and leave allowance of any officer lent to the Board by such Government; (d) the cost and expenses, if any, incurred by the Board in the conduct and administration of any provident or welfare fund or loan or special fund established by the Board; (e) the contributions, if any, duly authorized to be made by regulations made under this Act to any such fund as is referred to in clause (d); (f) such sums as may, from time to time, be agreed upon by the Board and the Government or the Central Government or any other authority as a reasonable contribution payable by the Board towards the expenses in connection with the watch and ward functions of the Police force or the Central Industrial Security Force or any other force which the Government or the Central Government or any other authority, as the case may be, may establish and maintain for the protection of the port and the docks, warehouses and other property of the Board; (g) the cost of repairs and maintenance of the property belonging to or vested in the Board and all charges upon the same and all working expenses; (h) the cost of the execution and provision of any a new work or appliance specified in section 25 which the Board may determine to charge to revenue; (i) any expenditure incurred under section 26; (j) any other expenditure which may be incurred by the Board generally for the purpose of this Act; (k) any other charge which may on the application of the Board or otherwise be specially sanctioned by the Government or for which the Board may be legally liable. (2) All moneys standing at the credit of the Board which cannot immediately be applied in the manner or for the purposes specified in sub section (1) shall,- (a) be deposited in the State Bank of India or any Nationalized Banks as defined in clause(d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or any corporation or financial institution controlled or managed by the Government as the Board may decide; or (b) be invested in such public securities as may be determined by the Board and the said securities shall be held in trust by the Board for the purposes of this Act. ### 74. Power to transfer moneys from general account to specified particular account and vice-versa. - The Board may, with the previous sanction of the Government, apply any sum out of the moneys credited to the general account of the port towards meeting deficits, if any, in the particular or specified account such as pilotage account, if so maintained or transfer the whole or part of any surplus funds in such particular account to the general account of the port. ### 75. Establishment of Reserve Funds. - The Board may from time to time set apart such sums out of its surplus income as it thinks fit as a reserve fund or funds for the purpose of expending existing facilities or creating new facilities at the ports or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purpose of replacement or for meeting expenditure arising from loss or damage from fire, cyclones, shipwrecks or other accident or for any other emergency arising in the ordinary conduct of its works under this Act: Provided that the sums set apart annually in respect of, and the aggregate at any time of, any such reserve fund or funds shall not exceed such amount as may, from time to time be fixed in that behalf by the Government. ### 76. Power to reserve Board's securities on Board's own investments. (1) For the purposes of any investment which the Board is authorized to make under this Act, it shall be lawful for the Board to reserve and set apart any securities to be issued by it on account of any loan to which the consent of the Government has been given, provided that the intention to so reserve and set apart such securities has been notified as a condition to the issue of the loan. (2) The issue by the Board of such securities directly to and in the name of the board shall not operate to extinguish or cancel such securities, but every security so issued shall be valid in all respects as if issued to and in the name of any other person. (3) The purchase by the Board or the transfer, assignment or endorsement to the Board of any security issued by the Board, shall not operate to extinguish or cancel any such security but the same shall be valid and negotiable in the same manner and to the same extent as if held by or transferred or assigned or endorsed to any other person. ### 77. Prior sanction of the Government to charge expenditure to capital. (1) No expenditure shall be charged by the Board to capital without the previous sanction of the Government: Provided that the Board may without such sanction charge to capital expenditure not exceeding such limit as may be specified and subject to such conditions as may be imposed by the Government. (2) Nothing in sub-section (1) shall be deemed to require the further sanction of the Government in any case where the actual expenditure incurred as a charge to capital exceeds the expenditure sanctioned in this behalf by the Government unless the excess is more than ten percent of the expenditure so sanctioned. ### 78. Works requiring sanction of Board or Government. (1) No new work or appliance the estimated cost of which exceeds such amount as may be fixed by the Government in this behalf, shall be commenced or provided by the Board, nor shall any contract be entered into by the Board in respect of any such new work or appliance until a plan of an estimate for such work or appliance has been submitted to, and approved by the Board; and in case the estimated cost of any new work or appliance exceeds such amount, as may from time to time, be fixed by the Government in this behalf, sanction of the Government to the plan and estimate shall be obtained before such work is commenced or appliance provided. (2) Nothing in sub-section (1) shall be deemed to require the further sanction of the Government in any case where the actual expenditure incurred does not exceed by more than ten per cent of the estimated cost so sanctioned. ### 79. Power of Chief Executive officer as to execution of works. - Notwithstanding anything contained in section 82, the Chief Executive officer may direct the execution of any work the cost of which does not exceed such maximum limit as may be fixed by the Government in that behalf and may enter into contracts for the execution of such work, but in every such case the Chief Executive officer shall, as soon as possible, make a report to the Board of any such direction given or contracts entered into by him. ### 80. The Power of Board to compound or compromise claims. - The Board may compound or compromise any claim or demand or any action or suit instituted by or against it for such sum of money or other compensation as it deems sufficient. Provided that no settlement shall be made under this section without the previous sanction of the Government if such settlement involves payment to the Board of a sum exceeding such amount as may be specified by the Government in this behalf. ### 81. Writing off losses. (1) Subject to such conditions as may be specified by the Government, where the board is of opinion that any amount due to or any loss, whether of money or of property incurred by the Board is irrecoverable., the Board may sanction the writing off the said amount or loss: (2) Notwithstanding anything contained in sub-section(1), where the Chief Executive officer is of opinion that any amount due to, or any loss, whether of money or of property, incurred by, the Board is irrecoverable, the Chief Executive officer may sanction the writing off finally of such amount or loss: Provided that such amount or loss, does not exceed, in any individual case, ten thousand rupees or in the aggregate in any one year, one lakh rupees in every such case, the Chief Executive officer shall make a report to the Board giving reasons for such sanction. ### 82. Powers etc., of Board as Conservator. - All the powers, authorities and restrictions contained in this Act in respect of the work by this Act authorized, shall apply to the works which may be executed by the Board as the Conservator of the port or as the body appointed under sub-section (1) of section 36 of the Indian Ports Act, 1908 and also to the sanction of such works, the estimate therefore and the expenditure thereunder. ### 83. Budget estimates. (1) The Board shall on or before the thirty first day of January in each year, hold a special meeting at which the Chief Executive officer of the Board shall cause to be submitted an estimate of the income and expenditure of the Board for the next financial year, in such form as the Government may prescribe. (2) A copy of such estimate shall be sent by post or otherwise to each member of the Board so as to reach him not less than ten clear days prior to the date appointed for the special meeting referred to in subsection(1). (3) The Board shall consider the estimate at such meeting and may provisionally approve of it with or without modification. (4) The Board shall, on or before the tenth day of February, cause a copy of such estimates as provisionally approved by it, to be sent to the Government. (5) The Government may sanction the estimate or may return it with remarks and may call for such additional information, as it may deem necessary. (6) When an estimate is returned under sub-section(5), the Board shall proceed to reconsider the estimate with reference to such remarks and shall furnish such additional information as the Government may call for and shall, if necessary, modify or alter the estimate and resubmit it to the Government. (7) The Government shall sanction the estimate with or without modification. (8) Where any such estimate is not sanctioned by the Government before the commencement of the financial year to which it relates, the Government may authorize the Board to incur such expenditure as may be necessary in the opinion of the Government until such time as the approval of the estimate by the Government is communicated to the Board. ### 84. Preparation of supplemental estimates. - The Board may in the course of any year for which an estimate has been sanctioned by the Government cause one or more supplemental estimates for the residue of such year to be prepared and the provisions of section 83 shall, so far as may be apply to such estimate as if it were an original annual estimate. ### 85. Re-appropriation of amounts in estimates. - Subject to any directions which the Government may give in this behalf, any sum of money or part thereof of which the expenditure has been authorized in an estimate for the time being in force sanctioned by the Government and which has not been so spent, may at any time be re-appropriated by the Board to meet any excess in any other expenditure authorized in the said estimate. ### 86. Adherence to estimate except in emergency. (1) Subject to the provisions of section 85 no sum exceeding such amount as the Government may fix in this behalf shall, save in cases of emergency, be expended by, or on behalf of, the Board unless such sum is included in some estimate of the Board at the time in force which has been finally sanctioned by the Government. (2) If any sum exceeding such limit as may have been fixed in this behalf under sub-section (1) is so expended by the Board on a pressing emergency, the circumstances shall be forthwith reported by the Chief Executive officer to the Government, together with an explanation of the way in which it is proposed by the Board to cover such extra expenditure. ### 87. Duty of board to meet liability towards salaries, allowances, pensions etc. - It shall be the duty of the board to meet its liability towards the following during preparation of annual budget estimates and incurring expenditures for the year,- (a) the salaries, fees, remunerations, allowances, pensions, gratuities, compassionate allowances or other moneys due to,- (i) the Chairman and other members of the board; (ii) the employees of the board; and (iii) the surviving relatives if any, of such employees; (b) the contributions, if any, payable to the Central or State Government on account of pension and leave allowance of any officer lent to the board by such Government; (c) the cost and expenses if any incurred by the board in the conduct and administration of any provident fund, welfare fund, loan or special fund established by the board. ### 88. Accounts and audit. (1) The Board shall maintain proper accounts and other relevant records and prepare the annual statement of account including the balance sheet in such form as may be prescribed by the Government. (2) The Accounts of the Board shall be audited once in every year and if so required by the Government concurrently with the compilation of such accounts by an auditor appointed by the Government in consultation with the Comptroller and Auditor General of India (hereinafter referred to as the Auditor) and any amount payable to such auditor by the Board in respect of such audit shall be debitable to the general account of the Board. (3) The Auditor shall have the same rights, privileges and authority in connection with the audit of the accounts of the Board as the Comptroller and Auditor General of India has in connection with the audit of the Government accounts and in particular, shall have the right to demand production of books of accounts, connected vouchers and other documents of the Board. ### 89. Publication of audit report. (1) Within fourteen days after the audit and examination of the accounts of the Board have been completed, the auditor shall forward copies of the audit report to the Government and to the Board. (2) The Government shall cause every audit report to be laid for not less than thirty days before the State Legislature as soon as may be after such report is received by the Government. ### 90. Board to remedy defects and irregularities pointed out in audit report. - The Board shall forthwith take into consideration any defects of irregularities that may be pointed out by the auditor, in the audit report on the income and expenditure of the Board and shall take such action thereon as the Board may think fit and shall also send a report of the action so taken to the Government. ### 91. Government to decide difference between Board and auditors. - If there is a difference of opinion between the Board and the auditor on any point included in the audit report, and the Board is unable to accept and implement the recommendations, if any, made by him on such point, the matter shall forthwith be referred to the Government which shall pass final orders thereon and the Board shall be bound to give effect to such orders. Chapter-IX Supervisions and Control of Government ### 92. Administration report. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed in this behalf by the Government, the Board shall submit to the Government a detailed report of the administration of the ports during the preceding year ending on the thirty-first day of March in such form as the Government may be prescribed. (2) The Government shall cause such report to be laid for not less than thirty days before the State Legislature as soon as may be after such report is received by the Government. ### 93. Submission of Statements of income and expenditure to Government. (1) The Board shall annually or often or if directed by the Government so to do, submit statements of its income and expenditure in such form and at such time as the Government may be prescribed. (2) A copy of all such statements shall be open to inspection of the public at the office of the Board during office hours on payment of such fee for each inspection as may from time to time be specified by the Board. ### 94. Power of Government to supersede Board. (1) If, at any time, the Government is of the opinion that,- (a) on account of a grave emergency, the board is unable to perform the duties imposed on it by or under the provisions of this Act or of any other law; or (b) the Board has persistently made default in the performance of the duties imposed upon it by or under the provisions of this Act or of any other law and as a result of such default, the financial position of the Board or the administration of the ports has greatly deteriorated; (c) the Government may, by notification, in the official Gazette, supersede the Board for such period, not exceeding six months at a time, 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 Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board. (2) Upon the publication of 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 members of the Board; (b) all powers and duties which may, by or under the provisions of this Act or of any other law, be exercised or performed by or on behalf of the Board, shall until the Board is reconstituted under clause(b) or clause(c) of sub-section(3) be exercised and performed by such person or persons as the Government may direct; (c) all property vested in the Board shall, until the Board is reconstituted under clause(b) or clause(c) of sub-section(3), vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the 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 Board by fresh appointment and in such case, any person who vacated their offices under clause(a) of sub-section (2) shall not be deemed disqualified for appointment; or (c) reconstitute the Board by appointment only for such period as it may consider necessary and in such a case the persons who vacated their offices under clause(a) of sub-section(2) shall not be deemed disqualified for such appointment merely because they were members of the Board when the Board was superseded: Provided that the 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) or clause (c) of this sub-section. (4) The 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 the State Legislature at the earliest possible opportunity. ### 95. Power of Government to give directions to Board. (1) Government may give direction to the Board in writing to it from time to time: Provided that the Board shall be given opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Government whether a question is one of policy or not shall be final. Chapter-X Penalties etc ### 96. Persons employed under this Act to be public servants for certain purposes. - Every person employed by the Board under this Act shall, for the purposes of sections 166 to 171 (both inclusive), 184, 185 and 409 of the Indian Penal Code, 1860, and for the purposes of the Prevention of Corruption Act, 1988 be deemed to be a public servant within the meaning of section 21 of the said Code. ### 97. Penalty for contravention of sections 27, 28, 29 and 31. - Whoever contravenes the provisions of any order issued under section 27 or section 28 or section 29 or fails to comply with any conditions imposed under section 31 shall be punishable with fine which may extend to ten thousand rupees and where the contravention or failure is a continuing one with further fine which may extend to Five hundred rupees for every day after the first during which such contravention or failure continues. ### 98. Penalty for setting up wharves, quays, etc., without permission. - Any person who contravenes the provisions of section 35 shall be punishable with fine which may extend to Five thousand rupees for the first contravention, and with a further fine which may extend to Five hundred rupees for every day after the first during which the contravention continues. ### 99. Penalty for evading rates etc. - Any person who with the intention of evading payment to the Board of the rates lawfully due in respect of any goods or vessels carrying any goods,- (a) understates or incorrectly gives the weight, quantity, value or description of such goods, or the tonnage of such vessel in any document presented to any employee of the Board for the purpose of enabling him to determine such rates; or (b) removes or attempts to remove or abets the removal of such goods or such vessel; shall be punishable with fine which may extend to twice the amount of rates so due subject to a minimum of five hundred rupees. ### 100. Recovery of value or damage to property of Board. - If, through the negligence of any person having the guidance or command of any vessel, or of any of mariners or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board the amount of such damage shall, on the application of the Board be recoverable together with the cost of such recovery, by distress and sale under a Magistrate's warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel: Provided that no Magistrate shall issue such a warrant until the master of the vessel has been duly summoned to appear before him and, if he appears, until he has been heard; and provided also that no such warrant shall be issued if the vessel was at the time under the orders of a duly authorized employees of the Board and the damage caused was attributable to the order, act or improper omission of such employee. ### 101. Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of the Indian Penal Code. - Any person who, being a member or an employee of the Board, acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Board, shall be deemed to have committed an offence under section 168 of the Indian Penal Code, 1860: Provided that nothing in this section shall apply to a person who is deemed not to have a share or interest in any contract or employment under the proviso to clause (d) of section 4. ### 102. Other offences. - Any person who contravenes any of the provisions of this Act or of any rule, regulation or order made thereunder for the contravention of which no penalty is expressly provided thereunder, shall be punishable with fine which may extend to one thousand rupees. ### 103. Cognizance of offences. - No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made thereunder. ### 104. offence by companies. (1) If the person committing an offence under this Act is a company, every person who, at the time of the offence was committed was in charge of, and was responsible to the company for the conduct of business of company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any negligence on the part of any director, manager, Secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section,- (a) "Company" means a body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm. Chapter-XI Miscellaneous ### 105. Constitution of State Ports Consultative Committee. (1) The Government may, by notification, in the official Gazette, constitute a State Ports Consultative Committee consisting of members of the Board and such other persons, being not less than ten and not more than twenty as the Government may appoint from amongst persons who are, in the opinion of the Government, capable of representing the interest of the Chamber of Commerce, Shipping, Sailing, Vessels, Customs, Railways, Road Transport, Labour, Communications Fisheries and Industries, expertise in Harbour Engineering, Hydrographic Survey, Maritime Research Organizations, Model Studies, Port Users Association however that, there shall be at least one member from each of the aforesaid interests. (2) The Chairman of the Board shall also be the Chairman of the Committee. (3) The Chief Executive officer of the Board as the Government may appoint in this behalf shall act as Secretary to the Committee. (4) The functions of the Committee as so constituted shall be as under:- (a) to advise the Board on all general questions pertaining to the ports; Inland Water Transport and Ferries and Coastal protection; (b) to advise the Board in respect of any scheme pertaining to development of any port; Inland Water Transport and Ferries and Coastal protection; (c) to review the administration of ports Inland Water Transport and Ferries and Coastal protection. and to suggest ways and means of improving their work; (d) to suggest ways and means to remove any difficulty experienced by the Board in its administration of ports; Inland Water Transport and Ferries and Coastal protection; (e) to make suo-moto recommendation to the Board in regard to any matter relating to administration of the ports; Inland Water Transport and Ferries and Coastal protection (f) to report to the Government or as the case may be, the Board on such matters as may be referred to it either by the Government or the Board for its opinion. (5) The Government may by general or special order provide for,- (a) the calling of the meetings of the Committee and procedure of meetings; (b) duties of the Secretary of the Committee; (c) the term of the office of persons appointed to be the members of the Committee to represent any of the aforesaid interests, travelling allowance and daily allowance to the members of the Committee and rate thereof. (6) Any person appointed to the Committee to represent any of the aforesaid interests may resign from the membership by tendering his resignation in writing to the Chairman and the resignation shall take effect from the date on which it is received by the Chairman who shall give intimation of the vacancy to the Government. ### 106. Local Advisory Committee. (1) The Government may from time to time constitute for such ports as it may determine Local Advisory Committees, consisting of such number of persons as it may think fit in each case and on such terms and conditions as may be prescribed. (2) The Board may, if it thinks fit, consult the Local Advisory Committee concerned on any business coming before it, and shall do so in respect of such business as the Government may, by general or special order in this behalf, specify or when required by the regulations so to do. (3) The concerned Port officer shall be the ex-officio Chairman of a Local Advisory Committee. (4) Local Advisory Committees shall meet at such intervals as may be prescribed, and for the transaction of urgent business on such other occasions as the Chairperson of the Board may require. (5) The number of members necessary to constitute a quorum at a meeting of a Local Advisory Committee shall as the Government when constituting the committee may specify. ### 107. Limitation of proceedings in respect of things done under this Act. - No suit or other proceedings shall be commenced against the Board or any member officer or employee thereof for anything done, or purporting to have been done in pursuance of this Act, until the expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months from accrual of the cause of action. ### 108. Protection of action done in good faith. - No suit or other legal proceeding shall lie against the Board or any member or employee thereof in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the mooring, hawsers or other things belonging to or under the control of the Board. ### 109. Power of the Government to make rules. (1) The Government may, by notification, in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made, for all or any of the following matters, namely:- (a) fees and allowances payable to the members of the Board or any of its committees for attending meetings of the Board or its committee or for attending any work of the Board, under section 12; (b) the terms and conditions of service of Chief Executive officer (c) the authority competent to appoint other members of the staff of the Board; (d) the recruitment, remuneration and allowance and other conditions of service including disciplinary matter of other members of the staff of the Board; (e) the mode of executing contracts under section 24; (f) factors to be taken into consideration for determining fair and reasonable compensation under sub-section (3) of section 36; (g) the terms and conditions of appointment of persons as member of a Local Advisory Committee under sub-section(1) of section 106; and (h) the terms and conditions on which the Board with the previous sanction of the Government, may raise loans under sub- section (1) of section 54; (i) any other matter which is to be or may be prescribed by rules. (3) all rules made under this Act shall be subject to the condition of previous publication: Provided that if the Government is satisfied that circumstances exist which render it necessary to make immediate action ,it may dispense with previous publication of any rule to be made under this section; (4) Every rule made by the Government under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 110. General power to make regulation. - The Board may make regulations with previous approval of the Government, not inconsistent with this Act and the rules with respect to all, or any of the following matters, namely:- (1) the time and places of the meetings of the Board or its committees, the procedure to be followed for the transaction of business at such meetings and the number of members necessary to constitute a quorum at such meetings; (2) the form of receipt to be given under sub-section (2) of section 32; (3) the period within which notice may be given under sub-section (2) of section 33; (4) the guidance of persons employed by the Board under this Act; (5) the safe efficient and convenient use, management and control of the docks, wharves, quays, jetties, buildings and other works constructed or acquired by, or vested in, the Board, or of any land or foreshore acquired by or vested in the Board under this Act; (6) the reception, porterage, storage and removal of goods brought within the premises of the Board for the exclusive conduct of these operations by the Board or persons employed by the Board, and for declaring 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; (7) keeping clean the port, river or basins or the bank of the river and the works of the Board, and for preventing filth or rubbish being thrown therein or thereon; (8) the mode of payment of rates leviable by the Board under this Act; (9) regulating, declaring and defining the docks, wharves, quays, jetties, stages and piers vested in the Board on which goods shall be landed from vessels and shipped on board vessels; (10) regulating the manner in which and the conditions under which, the loading and unloading of all vessels within the port or port approaches shall be carried out; (11) regulating the lighter age of cargo between ships or between ships and shore or between shore and ships; (12) the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers; (13) ensuring the safety of the port; (14) generally for the efficient and proper administration of the ports; (15) the person, if any authorized to sign and the model of affixing the corporate seal and of attestation of documents relating to Board securities issued or to be issued by the Board; (16) the manner in which payment of interest in respect of such Board securities is to be made, recorded and acknowledged; (17) the circumstances and the manner in which Board securities may be renewed; (18) the circumstances in which such securities must be renewed before further payment of interest thereon can be claimed; (19) the form in which such securities delivered for renewal, conversion, consolidation or sub-division are to be receipted; (20) the proof which is to be produced by a person applying for duplicate securities; (21) the nature and amount of indemnity to be given by a person applying for the payment of interest in the Board securities alleged to have been wholly or partly lost, stolen or destroyed or for the issue of duplicate Board securities; (22) the conditions subject to which Board securities may be converted consolidated or sub-divided; (23) the amounts for which stock certificate may be issued; (24) generally all matters connected with a grant of duplicate, renewed, converted, consolidated and sub-divided board securities; (25) the fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and sub-division of Board securities; (26) the fees to be levied in respect of the issue of stock certificate; (27) the terms and conditions of service of persons who become employees of the Board under section 18 and 19; (28) any other which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of its employees; (29) any other matter which is to be, or may be specified by regulations. ### 111. Provisions with respect to regulations. (1) No regulation made by the Board under this Act shall have effect until the same has been published by the Board in the official Gazette. (2) Any regulation made under this Act may provide that a breach thereof shall be punishable with fine which may extend to Five hundred rupees and where the breach is a continuing one, with further fine which may extend to one hundred rupees for every day after the first during which such breach continues. ### 112. Power of Government to direct regulations to be made or to make regulations. (1) Whenever the Government considers necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefore, direct the Board to make any regulations for all or any of the matters specified in section 110 or to amend any regulations, within such period as the Government may specify in this behalf: Provided that the Government may extend the period specified by it by such period or periods as it may consider necessary. (2) If the Board, to whom a direction is issued by the Government under sub-section(1), fails or neglects to comply with such directions within the period allowed under sub-section(1), the Government may make the regulations or amend the regulations, as the case may be, either in the form specified in the direction or with such modification thereof as the Government may think fit: Provided that before so making or amending the regulations the Government shall consider any objection or suggestion made by the Board within the said period. (3) Where in pursuance of sub-section (2) any regulations have been made or amended, the regulations so made or amended shall be published by the Government in the official Gazette and shall thereupon have effect accordingly. ### 113. Power of Government to make first regulations. - Notwithstanding anything contained in this Act, the first regulations under this Act shall be made by the Government and shall have effect on being published in the official Gazette. ### 114. Power of the Government to limit regulatory functions of the Board. - Notwithstanding anything contained in this Act, the regulatory functions and powers of the board may be curtailed or ceded to a regulatory authority through an amendment to this act and or through an enactment of law. ### 115. Posting of certain regulations, etc. - The text of the regulations made under clauses (4) to (13) of section 110 and the scale of rates together with a statement of conditions framed by the Board under Chapter VI shall be prominently posted by the Board in English and in Kannada on special boards to be maintained for the purposes at the wharves, docks, piers and other convenient places on the premises of the Board. ### 116. Saving of right of Government and municipal Council to use wharves, etc., for collection of duties and power of Customs officer. - Nothing in this Act shall affect, the right of the Central Government to collect customs, duties or of any municipal Council to collect any tax or duties at any dock, berth, wharf, quay, stage, jetty or pier in the possession of the Board or any power of authority vested in the customs authorities under any law for the time being in force. ### 117. Application of provisions of Act to aircraft. - The provisions of this Act shall also apply to all air crafts making use of any port while on water in the same manner as they apply in relation to vessels. ### 118. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactment repealed by this Act to the provisions of this Act the Government may, by general or special order, do anything not inconsistent with such provisions which appears to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made in respect of a port after the expiry of a period of two years from the appointed day. (2) Every order made under sub-section (1) shall as soon as may be after it is made, be laid before the State Legislature. ### 119. Repeal and savings. - On the application of this Act to any port, the Karnataka Ports (Landing and Shipping Fees) Act, 1961 (Karnataka Act 20 of 1961) and the Karnataka Harbour Craft Rules, 1963 shall stand repealed in relation to that port: Provided that such repeal shall not affect,- (a) the previous operation of the Act so repealed, or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act, so repealed; (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed under the Act so repealed; or (d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and punishment may be imposed, as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken under the repealed Act, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.
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State of Gujarat - Act ------------------------ Central University of Gujarat (Amendment) Statutes, 2018 ---------------------------------------------------------- GUJARAT India Central University of Gujarat (Amendment) Statutes, 2018 ========================================================== Rule CENTRAL-UNIVERSITY-OF-GUJARAT-AMENDMENT-STATUTES-2018 of 2018 -------------------------------------------------------------------- * Published on 9 May 2018 * Commenced on 9 May 2018 Central University of Gujarat (Amendment) Statutes, 2018 Published vide Notification No. F.No. 2-2(20) /2017-Admn, dated 9.5.2018 Ministry of Human Resource Development (Central University of Gujarat) F.No. 2-2(20) /2017-Admn. - In exercise of the powers conferred by sub section (2) of section 27 of the Central Universities Act, 2009 ( 25 of 2009 ), the Executive Council, with the approval of the Visitor, hereby makes the following amendments further to amend the Central University of Gujarat Statutes. ### 1. These Statutes may be called as the Central University of Gujarat (Amendment) Statutes, 2018. (2) They shall come in force on the date of their publication in the Official Gazette. In the Central University of Gujarat Statutes, in Statute 10, following shall be substituted, namely. ### 10. University Court ### 10. (1) Composition: The composition of the University Court shall be as follows: (i) Chancellor - Chairman (ii) Vice Chancellor (iii) Pro-Vice Chancellor (iv) Registrar - Member Secretary (v) Finance Officer (vi) Controller of Examinations (vii) University Librarian (viii) Dean of Students' Welfare (ix) Deans of Schools (by rotation on seniority) - Three to be nominated by Vice Chancellor (x) Chairpersons of Centres (Other than Deans), by rotation on seniority - Three to be nominated by Vice Chancellor (xi) Professors of the University (other than Deans & Chairpersons), by rotation on seniority - Three to be nominated by Vice Chancellor (xii) Four persons representing learned professions - to be nominated by the Visitor (xiii) Four persons representing Industry, Labour, Commerce, Agriculture - to be nominated by the Visitor (xiv) Representatives of the teaching employees - Two (one Associate Professor and one Assistant Professor) - to be elected by regular teachers of the University, from amongst themselves (xv) Representative of Students - Two to be elected by the Students' Council from among its members (xvi) Representatives of the Non-Teaching employees - Two - to be elected by regular employees of the University, from amongst themselves (xvii) Representatives of the Alumni Association - Two to be elected by the members of the Alumni Association from among themselves. (xviii) One nominated member of Executive Council elected from among the nominated members. ### 2. The term of Office of the Court shall be for three years from the date of Notification. ### 3. Eleven (11) members shall constitute the quorum of the Court. ### 4. An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year. ### 5. At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipt and expenditure, the balance-sheet as audited, and the financial estimates for the next year shall be presented. ### 6. A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (5) shall be sent to every member of the Court at least seven days before the date of the annual meeting. ### 7. Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar. Ordinance No. 24 Central University of Gujarat (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulation, ### 1. Definitions. - In these regulations, unless the context otherwise requires, - (a) "aggrieved woman" means in relation to work place, a woman of any age whether employed or not, who alleges to have been subject to any act of sexual harassment by the respondent; (b) "Act" means the Sexual Harassment of Women at Workplace (prevention, Prohibition and Redressal) Act, 2013 ( 14 of 2013 ); (c) "campus" means the location or the land on which a Central University of Gujarat and its related institutional facilities like libraries, laboratories, lecture halls, residences, halls, toilets, students centres, hostels, during halls, stadiums, parking areas, park-like setting and other amenities like health centres, canteens, Bank counters, etc., are situated and also includes extended campus and covers within its scope place visited as a student of the Central University of Gujarat including transportation provided for the purpose of commuting to and from the institution, the locations outside the institution on field trips, internships, study tours, excursions, short-term placements, places used for camps, cultural festivals, sports meets and such other activities where a person is participating in the capacity of an employee or a student of the Central University of Gujarat. (d) "covered individuals" are persons who have engaged in protected activity such as filing a sexual harassment charge, or who are closely associated with an individual who has engaged in protected activity and such person can be an employee or a fellow student or guardian of the offended person; (e) "employee" means a person as defined in the Act and also includes, for the purposes of these Regulations trainee, apprentice (or called by any other name), interns, volunteers, teacher assistants, research assistants, whether employed or not, including those involved in field studies, projects, short-visits and camps; (f) "Executive authority" means the Competent Authority of the University. (g) "Internal Complaints Committee" (ICC) means Internal Complaints Committee to be constituted by Central University of Gujarat under sub regulation (1) of regulation 4 of these regulations. The existing body already functioning with the same objective (like the Gender Sensitization Committee Against Sexual Harassment (GSCASH)) is now reconstituted as the ICC; (h) Provided that in the latter case the Central University of Gujarat shall ensure that the constitution of such a Body is as required for ICC under these regulations. Provided further that such a Body shall be bound by the provisions of these regulations; (i) "protected activity" includes reasonable opposition to a believed to violate sexual harassment laws on behalf of oneself or others such as participation in sexual harassment proceedings, cooperating with an internal investigation or alleged sexual harassment practices or acting as a witness in an investigation by an outside agency or in litigation; (j) "Sexual harassment" means - (i) "An unwanted conduct with sexual undertones if it occurs or which is persistent and which demeans, humiliates or creates a hostile and intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and includes any one or more or all of the following unwelcome acts or behaviour (whether directly or by implication), namely: - (a) any unwelcome physical, verbal or non verbal conduct of sexual nature: (b) demand or request for sexual favours; (c) making sexually coloured remarks (d) physical contact and advances; or (e) showing pornography" (ii) any one (or more than one or all of the following circumstances, if it occurs or is present in relation or connected with any behaviour that has explicit or implicit sexual undertones- (a) implied or explicit promise of preferential treatment as quid pro quo for sexual favours; (b) implied or explicit threat of detriment in the conduct of work; (c) implied or explicit threat about the present or future status of the person concerned; (d) creating an intimidating offensive or hostile learning environment; (e) humiliating treatment likely to affect the health, safety dignity or physical integrity of the person concerned; (iii) "Students" means a person duly admitted and pursuing a programme of study either through regular mode or distance mode, including short-term training programmes in a Central University of Gujarat. Provided that a student who is in the process of taking admission in Central University of Gujarat campus, although not yet admitted, shall be treated, for the purposes of these regulations, as a student of that Central University of Gujarat, where any incident of sexual harassment takes place against such student; Provided that a student who is a participant in any of the activities in a Central University of Gujarat other than the Central University of Gujarat where such student is enrolled shall be treated, for the purposes of these regulations, as a student of that Central University of Gujarat where any incident of sexual harassment takes place against such student; (k) "third Party Harassment" refers to a situation where sexual where sexual harassment occurs as a result of an act or omission by any third party or outsiders, who is not an employee or a student of the Central University of Gujarat but a visitor to the Central University of Gujarat some other capacity or for some other orreason; (l) "victimisation" means any unfavourable treatment meted out to a person with an implicit or explicit intention to obtain sexual favour; (m) "workplace" means the campus of a Central University of Gujarat including - a. Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central University of Gujarat; b. Any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereof in Central University of Gujarat; c. Any place visited by the employee or student arising out of or during the course of employment or study including transportation provided by the Executive Authority for undertaking such journey for study in Central University of Gujarat; ### 2. Responsibilities of Central University of Gujarat. - (1) Central University of Gujarat shall a. Wherever required, appropriately subsume the spirit of the above definitions in its policy and regulations on prevention and prohibition of sexual harassment against the employees and the students, and modify its ordinances and rules in consonance with the requirements of the Regulations; b. Publicly notify the provisions against sexual harassment and ensure Central University of Gujarat wide dissemination; c. Organise training programmes or as the case may be, workshops for the officers, functionaries, faculty and students, as indicated in the SAKSHAM Report (Measures for Ensuring the Safety of Women and Programmes for Gender Sensitization on Campuses) of the Commission, to sensitize them and ensure knowledge and awareness of the rights, entitlements and responsibilities enshrined in the Act and under these regulations; d. Act decisively against all gender based violence perpetrated against employees and students of all sexes recognising that primarily women employees and students and some male students of the third gender are vulnerable to many forms of sexual harassment and humiliation and exploitation; e. Publicly commit itself to a zero tolerance policy towards sexual harassment; f. Reinforce its commitment to creating its campus free from discrimination, harassment, retaliation or sexual assault at all levels; g. Create awareness about what constitutes sexual harassment including hostile environment harassment and quid pro quo harassment; h. Include in its prospectus and display prominently at conspicuous places or Notice Boards the penalty and consequences of sexual harassment and make all sections of the institutional community aware of the information on the mechanism put in place for redressal of complaints pertaining to sexual harassment, contact details of members of Internal Complaints Committee, complaints procedures and so on. i. Inform employees and students of the recourse available to them if they are victims of sexual harassment; j. Organise regular orientation or training programmes for the members of the ICC to deal with complaints, steer the process of settlement or conciliation, etc., with sensitivity; k. Proactively move to curb all forms harassment of employees and students whether it is from those in a dominant power or hierarchical relationship within Central University of Gujarat or owing to intimate partner violence or from peers or from elements outside of the geographical limits of the Central University of Gujarat. l. Be responsible to bring those guilty of sexual harassment against its employees and students to book and initiate all proceedings as required by law and also put in place mechanisms and redressal systems like the ICC to curb and prevent sexual harassment on its campus; m. Treat sexual harassment as a misconduct under service rules and initiate action for misconduct if the perpetrator is an employee; n. Treat sexual harassment as a violation of the disciplinary rules (leading up to rustication and expulsion) if the perpetrator is a student; o. Ensure compliance with the provisions of these regulations, including appointment of ICC, within a period of sixty days from the date of publication of these regulations; p. Monitor the timely submission of reports by the ICC; q. prepare an annual status report with details on the number of cases field and Central University of Gujarat disposal and submit the same to the Commission. 2.2 Supportive measures - ### 1. The rules, regulations or any such other instrument by which ICC shall function Central University of Gujarat will be updated and revised from time-to-time, as court judgments and other laws and rules will continue to revise the legal framework within the Act is to be implemented. ### 2. The Competent Authority of Central University of Gujarat will extend full support to see that the recommendations of the ICC are implemented in a timely manner. All possible institutional resources will be given to the functioning of the ICC, including office and building infrastructure (computers, photocopiers, audio-video, equipment, etc.), staff typist, counselling and legal services as well as a sufficient allocation of financial resources. ### 3. Vulnerable groups are particularly prone to harassment and also find it more difficult to complain. Vulnerability can be socially compounded by region, class, caste, sexual orientation, minority identity and by being differently abled. Enabling committees which are sensitive to such vulnerabilities and special needs will be constituted. ### 4. Since research students and doctoral candidates are particularly vulnerable Central University of Gujarat will ensure that the guidelines for Research Supervision are put in place. ### 5. Central University of Gujarat will conduct a regular half yearly review of the efficacy and implementation of Central University of Gujarat anti-sexual harassment policy. ### 6. Academic Staff Colleges (now known as Human Resource Development Centres (HRDCS) and Regional Centres for Capacity Building (RCCBS), would incorporate sessions on gender in their orientation and refresher course. ### 7. Orientation course for administrators conducted in Central University of Gujarat would have a module on gender sensitization and sexual harassment issues. Regular workshops are to be conducted for all sections Central University of Gujarat. ### 8. Counselling services will be established in Central University of Gujarat community with welltrained full-time counsellors. ### 9. Central University of Gujarat will ensure adequate lighting through out its buildings and campus. ### 10. Adequate and well trained security including a good proportion or balance of women security staff will be provided. Security staff must receive gender sensitization training as a part of conditions of appointment. ### 11. Central University of Gujarat would ensure reliable public transport, especially within large campus between different sections of the Central University of Gujarat hostels, libraries, laboratories and main buildings, and especially those that do not have good access for day scholars. ### 12. Concern for the safety of women students would not result in imposing discriminatory rules for women in the hostels as compared to male students. Campus safety policies should not result in securitization, such as over monitoring or policing or curtailing the freedom of movement, especially for women employees and students. ### 13. Adequate health facilities are equally mandatory for all Central University of Gujarat. In the case of women this must include gender sensitive doctors and nurse , as well as the service of a gynaecologist. ### 14. The Women's Development cells in University shall be funded to be able to carry out the range of activities required for gender sensitization and remain autonomous of the functioning of anti-sexual harassment committee and ICCs. At the same time, they shall extend their activities to include gender sensitization programme in consultation with ICCs and help to disseminate anti-sexual harassment policies on campuses on a regular basis. The 'Cultural' space and the 'formal academic space' need to collaborate to render workshops innovative, engaging and non-mechanical would be provided. ### 15. Hostel Wardens, Provost, Principals, Competent Authority, Legal Officers and other functionaries will brought within the domain of accountability through amendments in the rules or Ordinances where necessary. ### 3. Grievance redressal mechanism. - 1. The Component Authority shall constitute an Internal Complaints Committee (ICC) with an inbuilt mechanism for gender sensitization against sexual Harassment. The ICC shall have the following composition: - (a) A Presiding Officer who shall be a woman faculty member employed at a senior level (not below a Professor in case of a university, and not below an Associate Professor or Reader in case of a college) at the educational institution, nominated by the Executive council; Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other officers or administrative units of the workshop referred to in sub-section 2(0) ; Provided further that in case the other office or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workshop of the same employer or other department or organization. (b) Two faculty members and two non-teaching employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge, nominated by the Competent Authority; (c) Three students, if the matter involves students, who shall be enrolled at the undergraduate, master's and research scholar levels respectively, elected through transparent democratic procedure; (d) One member from amongst non-government organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, nominated by the Executive Authority. ### 2. At least one-half of the total members of the ICC shall be women. ### 3. Persons in senior administrative positions in Central University of Gujarat, such as Competent Authority, Rectors, Registrar, Deans, Chairpersons, etc., shall not be members of ICCs in order to ensure autonomy of their functioning. ### 4. The term of office of the members of the ICC shall be for a period of three years. CUG will employ a system whereby one-third of the members of the ICC changes every year. ### 5. The member appointed from amongst the non-governmental organizations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee by the Competent Authority as may be prescribed. ### 6. Where the Presiding Officer or any member of the Internal Committee: (a) contravenes the provisions of section 16 of the Act: or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him: or (c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him: or (d) has so abused his position as to render his continuance in office prejudicial to the public interest, Such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section." ### 4. Responsibilities of Internal Complaints Committee (ICC) . - The Internal Complaints Committee shall: (a) Provide assistance if an employee or a student choose to file a complaint with the police: (b) provide mechanisms of dispute redressal and dialogue to anticipate and address issues through just and fair conciliation without undermining complaint's rights, and minimize the need for purely punitive approaches that lead to further resentment, alienation or violence; (c) protect the safety of the complainant by not divulging the person's identity, and provide the mandatory relief by way of sanctioned leave or relaxation of attendance requirement or transfer to another department or supervisor as required during the pendency of the complaint, or also provide for the transfer of offender; (d) ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment; and (e) ensure prohibition of retaliation or adverse action against a covered individual because the employee or the student is engaged in protected activity. ### 5. The process for making complaint and conducting Inquiry. - The ICC shall comply with the procedure prescribed in these Regulations and the Act, for making a complaint and inquiring into the complaint in a time bound manner. The University will provide all necessary facilities to the ICC to conduct the inquiry expeditiously and with required privacy. ### 6. Process of making complaint of sexual harassment. - An aggrieved person is required to submit a written complaint to the ICC within three months from the date of the incident and in case of a series of incidents within a period of three months from the date of last incident. Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee shall render all reasonable assistance to the person for making the complaint in writing; Friends, relatives, Colleagues, Co-students, Psychologist, or any other associate of the victim may file the complaint in situations where the aggrieved person is unable to make a complaint on account of physical or mental in capacity or death. ### 7. Process of conducting Inquiry. - 1. The ICC shall, upon receipt of the complaint, send one copy of the complaint to the respondent within a period of seven days of such receipt. ### 2. Upon receipt of the copy of the complaint, the respondent shall file his or her reply to the complaint along with the list of documents, and names and addresses of witness within a period of ten days. ### 3. The inquiry has to be completed within a period of ninety days from the receipt of the complaint. The inquiry report, with recommendation, if any, has to be submitted within ten days from the completion of the inquiry to the Competent Authority of Central University of Gujarat. Copy of the findings or recommendations shall also be served on both parties to the complaint. ### 4. The Competent Authority of the Central University of Gujarat shall act on the recommendations of the committee within a period of thirty days from the receipt of the inquiry report, unless an appeal against the findings is field within that time by either party. ### 5. An appeal against the findings or/recommendations of the ICC may be field by either party before the Executive Authority of the Central University of Gujarat within a period of thirty days from the date of the recommendations. ### 6. If the Competent Authority of the Central University of Gujarat decides not to act as per the recommendations of the ICC then it shall record written reasons for the same to be conveyed to ICC and both the parties to the proceedings. If on the other hand it is decided to act as per the recommendations of the ICC, then a show cause notice, answerable within ten days, shall be served on the party against whom action is decided to be taken. The Executive Authority of the Central University of Gujarat shall proceed only after considering the reply or hearing the aggrieved person. ### 7. The aggrieved party may seek conciliation in order to settle the matter. No monetary settlement should be made as a basis of conciliation. Central University of Gujarat shall facilitate a conciliation process through ICC, as the case may be, once it is sought. The resolution of the conflict to the full satisfaction of the aggrieved party wherever possible, is preferred to purely punitive intervention. ### 8. The identities of the aggrieved party or victim or the witness or the offender shall not be public or kept in the public domain especially during the process of the inquiry. ### 9. Interim redressal. - The Competent Authority Central University of Gujarat (a) transfer the complainant or the respondent to another section or department to minimize the risks involved in contact or interaction, if such a recommendation is made by the ICC; (b) grant leave to the aggrieved with full protection of status and benefits for a period up to three months; (c) restrain the respondent from reporting on or evaluating the work or performance or tests or examinations of the complaint; (d) ensure that offenders are wanted to keep a distance from the aggrieved, and where necessary, if there is a definite threat, restrain their entry into the campus; (e) take strict measures to provide a conducive environment of safety and protection to the complainant against retaliation and victimisation as a consequence of making a complaint of sexual harassment. ### 10. Punishment and compensation. - 1. Anyone found guilty of sexual harassment shall be punished in accordance with the service rules of the Central University of Gujarat, if the offender is an employee. ### 2. Where the respondent is a student, depending upon the severity of the offence, the Competent Authority may, - a. withhold privileges of the student such as access to the library, auditoria, halls of residence, transportation, scholarships, allowances, and identity card; b. suspend or restrict entry into the campus for a specific period; c. expel and strike off name from the rolls of the institution, including denial of readmission, if the offence so warrants; d. award reformative punishments like mandatory counselling and, or performance of community services. ### 3. The aggrieved person is entitled to the payment of compensation. The competent authority payment of the compensation recommended by the ICC and accepted by the Competent Authority /Executive Council shall issue direction for, which shall be recovered from the offender. The compensation payable shall be determined on the basis of - (a) mental trauma, pain, suffering and distress caused to the aggrieved person; (b) the loss of career opportunity due to the incident of sexual harassment; (c) the medical expenses incurred by the victim for physical, psychiatric treatment; (d) the income and status of the alleged perpetrator and victim; and (e) the feasibility of such payment in lump sum or in instalments. ### 11. Action against frivolous complaint. - To ensure that the provisions for the protection of employees and students from sexual harassment do not get misused, provisions against false or malicious complaints have to made and published within Central University of Gujarat. If the ICC concludes that the allegations made were false, malicious or the complaint was made knowing it to be untrue, or forged or misleading information has been provided during the inquiry, the complainant shall be liable to be punished as per the provisions of sub-regulations (1) of regulations 10, if the complainant happens to be employee and as per sub-regulation (2) of that regulation, if the complainant happens to be a student. However, the mere inability to substantiate a complaint or provide adequate proof will not attract attention against the complainant. Malicious intent on the part of the complainant shall not be established without an inquiry, in accordance with the procedure prescribed, conducted before any action is recommended. Ordinance No. 26 Medium of Instruction and Conduct of Examinations As stipulated under section (c) (g) of the University Act ### 1. (a) The medium of instruction in respect of all courses conducted in the Schools, Centres and departments admitted to the privileges of the University shall be English, except in cases of studies/research in Languages. (b) In order to ensure that no student is deprived of Higher Education due to language limitation, the University will ensure instruction in the language applicable to the state, provided teachers proficient in the language are available. ### 2. Examinations of the University, other than the doctorate examination shall be open to regular and eligible students, i.e. such students who have undergone a regular course of study in the University for a period specified for that course of study after fulfilling the minimum attendance and credit requirements as laid down by the University. ### 3. All examinations of the University (except entrance examinations) shall be conducted at headquarters (place of university...........) through internal assessment by the faculty members concerned. The format and timing of sessional evaluation and the format and timing of the end-semester examinations shall be decided by the School Board. Provided however that all end-semester examinations for different Centres in a School shall normally be conducted in a commonly agreed time frame within the semester. ### 1. The format of the entrance examination shall be decided by the Schools concerned and same approved at the School Board. The Entrance Examination shall be held at headquarters and other such places as specified and approved by the university from time to time. ### 2. Provided further that the Chairperson of Centre concerned shall prepare the question bank for the entrance examinations to be forwarded to the Controller of Examinations through the Dean of the School concerned. The Controller of Examinations shall set the question paper from the question banks received in confidential manner and conduct the entrance examination. ### 4. Question papers of all examinations shall be set and answered in English language subject to the following conditions: ### 1. Question papers of all examinations in languages shall be set and answered in the respective languages. ### 2. Provided that candidates appearing at an examination in languages other than English may be permitted to answer a part of the question paper in English and the rest in the language concerned. Discipline Among Students In University Examinations i. Online Entrance Examinations ### 1. The candidates are required to be present at the examination venue at least one hour prior to the scheduled time of examination. ### 2. Each candidate must show his Admit Card along with the Institute issued Identity Card or other photo I-Cards for admission to the Examination Hall before entering the same and also shall produce these, on demand to the Centre-In-Charge or his authorized representative. Other Photo Identity cards are: - (a) Pan card (b) Passport (c) Driving License (d) Voter Identification card ### 3. If any candidate fails to carry the above mentioned photo identity proof, then he/ she will be not be allowed to appear for the exam. ### 4. On arrival at the designated examination center on the examination date, the Invigilator would verify the hall ticket and the identity proof of the candidate and then allow access to examination terminal. ### 5. Candidates having identity mismatch will be disallowed. ### 6. Only bonafide candidates are allowed in the exam centre during the time slot allotted. ### 7. Personal belongings including mobile phones shall be kept outside the examination room at candidate's own risk. The candidates are advised not to bring valuables and any other personal belongings of high value while coming for the examinations and the examination center shall not be responsible in case the item is/ are lost or a theft occurs of such items which are brought to the examination centre. ### 8. Candidates are not allowed to access any unauthorized software/program during the examination. ### 9. Candidates to maintain complete silence during the examination & communication in any form between candidates or with outsiders is not permitted and it will be treated as malpractice. ### 10. Candidates are allowed to use only mouse during the examination. ### 11. Candidates should not attempt to download and/ or print the Question paper else it shall be treated as usage of unfair means. ### 12. Candidate should not impersonate others or allow others to impersonate him/her in the examination. ### 13. A candidate found using any unfair means including use of mobile phones or in possession of any incriminating material during the examination shall be expelled from the examination hall and his/her examination would be cancelled. ### 14. Candidates are not allowed to smoke or eat in the examination hall. ### 15. Rough sheet (if required) shall be provided to the candidates for carrying out rough workings during the examination. This sheet needs to be returned to the Invigilator before leaving the examination venue. ### 16. No candidate shall be permitted to leave the Examination Hall/Room until the expiry of one hour from starting of the examination. ### 17. Candidates shall not be permitted to leave the examination hall for usage of toilets or for any other purpose once they start appearing for the examination. ### 18. Candidates shall bring their own pen, pencil and mathematical tables, as required and applicable. ### 19. Candidates are allowed to use their own battery operated non-programmable calculators in the Examination Hall. ### 20. Failure by candidate to observe any of the instructions mentioned herein or use of any unfair means during the continuance of his / her examination will render the candidate liable to disqualification from the examination or other penalty as determined by ............. ### 21. Usage of calculators on Exam PCs will not be allowed. ### 22. Candidates must sign the Attendance Log on each day and for each paper in which he / she are appearing. In no event should a candidate leave the Examination Hall without signing the Attendance Log. The paper(s) without the candidate's signature in the Attendance Log shall be liable to cancellation. ### 23. The answer papers of the candidates, who change their allotted seats or any other documents at the Examination Hall, are liable to be cancelled. ### 24. Any candidate bringing any books, papers, notes etc. inside the Examination Hall (Except his/her Admit Slip. Identity Card and Time Table of examination) or using any other unfair means at the examination shall be expelled from the room by the Centre-In-Charge and such matter shall be reported to the Secretary, Examination Committee for further action which the Council may consider necessary. ### 25. Use as well as physical possession of Pager, Mobile Phone, Digital Diary and other electronic gadgets/device, in any form is strictly prohibited. Any candidate found in possession of above gadgets during the exam will be dealt with under the clause "resorting to adoption of unfair means in the examination" and the result of such candidates will be liable to be cancelled by the Institute. ### 26. Rough Works is to be done on the specified pages given by the Institute Candidate should write his/her Roll No. on the page given for Rough Works. ### 27. With regard to conduct of examination, the decision of Centre ¬- In- Charge shall be final and binding. ### 28. Resorting to unfair means or trying to influence in any way for examination results shall be considered as a serious offence and any candidate found guilty of such offence on the report of any person duly authorized to conduct the examination, shall be liable to have his name removed from the list of candidates entered for the Examination and may also be further dealt with in such manner as the Council may deem fit. Candidates can be debarred/ disqualified by the Centre-In-Charge for any of the following reasons. ### 1. Creating a disturbance. ### 2. Impersonation - Attempting to take the examination for someone else. ### 3. Giving or receiving assistance of any kind during the examination & communication in any form between candidates or with outsiders. ### 4. Smoking or eating in the Examination Hall ### 5. Attempting to tamper with the operation of the computer or meddling with system. ### 6. Attempting to use the calculator on the PC ### 7. Exchanging any papers, documents or any other material with other candidates ### 8. Leaving the test centre without the permission from the invigilator. ### 9. Using prohibited aids, items not allowed, such as: • Cell phones, Pagers, Pieces of Paper (except his/her Admit Card, Identity Card and Time Table of Examination), Digital diaries, any other electronic gadgets/device, Watch alarms, Listening devices and recording or photographic devices. ### 10. Attempting to copy examination questions and /or examination responses (in any format) from the examination centre. ### 11. Attempting to access any unauthorized software/program during the examination. ### 12. Failing to follow invigilators directions. ### 13. Manhandling of invigilators or test centre staff. ### 14. Resorting to unfair means or trying to influence in any way for examination results shall be considered as a serious offence and any candidate found guilty of such offence on the report of any person duly authorized to conduct the examination, shall be liable to have his/her name removed from the list of candidates entered for the Examination and may also be further dealt with in such manner as the Council may deem fit. Candidates shall maintain silence while appearing for the exam. Any conversation or gesticulating or disturbance or attempt to change seats/question paper in the Examination Hall shall be deemed as unfair means. If a candidate is found indulging in unfair means or impersonating, the candidature of such candidate shall be cancelled. The candidate shall be expelled from the examination by the Centre-in-Charge and such matter shall be reported to the Secretary, Examination Committee for further action which the Council may consider necessary. Candidate who are debarred/disallowed are liable for debarment from appearing at the examinations for a period as decided by the competent authority. The Centre-In-Charge is authorized to dismiss the candidate/s from the examination centre for any misconduct by the candidates. ii. End Semester Examinations ### 1. The time-table of End-Semester Examination shall be notified as per the academic calendar of the University at least fifteen days prior to the commencement of the examinations. ### 2. The End-Semester Examinations shall be conducted under the general supervision of the Dean/Chairperson, who shall act as School/Centre Superintendent for all examinations of the courses of his/her School/Centre. He/she shall arrange for the invigilation duties from amongst the faculty members and shall be responsible for the fair and orderly conduct of the examination. ### 3. The paper setter for the End-Semester Examinations shall set the question paper in the prescribed format as approved by school board/centre board and shall submit the same in sealed cover marked as Confidential to the Controller of Examinations, at least fifteen days prior to the commencement of the End Semester Examination; ### 4. Each examiner shall be required to evaluate the answer scripts of the End-Semester Examination within one week of the date of examinations and shall be required to return to the office of Controller of Examinations, the evaluated answer scripts. The answer scripts shall be kept at COE office for not more than one year, after which record will be destroyed. ### 5. Dean/Chairperson of the centre concerned, shall forward to the Controller of Examinations, the consolidated list of marks / grades awarded to the students in the sessional evaluation and End-term examination of each course offered by the Centre/School. ### 6. The End- Semester Examinations results as tabulated by COE office shall screened by a Committee consisting of the head of the Centre and not more than three faculty members appointed by the Dean on the recommendations of the Head of the Centre concerned, followed by approval of the Dean of the School and sent back to COE office. ### 7. The final results at the end of the sixth and tenth semesters of a 10 semester programme or the end of the 4th semester of a 4 semester programme, i.e. for the award of B.A. (Hons.) and of Master's Degree, would be considered by a Committee of the School consisting of the Dean of the School and Chairperson of the Centres concerned as members and would be approved by the Vice-Chancellor before being announced. ### 8. A student may seek re-assessment of her/his answer scripts of the end-semester examinations for a particular course within seven working days of the declaration of results in a particular semester. Such re-assessment shall be done by a subject expert to be appointed by the Controller of Examinations on the recommendations of the Deans/ Chairpersons. ### 9. However, in such cases, where the scores of the second examiner deviates from the first examiner by 20% from total assessed score allotted to that particular course, the Controller of Examinations shall send the answer script for assessment to a third examiner. Further, in such cases, an average score shall be computed based on scores awarded by all the three examiners. Provided that a student who has applied for reassessment, the marks obtained for such re-assessment will be taken into account to compute the SGPA and the CGPA; Provided that such re-assessments shall not be sought exceeding 50% of the normal load of courses in a semester; ### 10. In case a student who could not appear in any component of the Sessional Evaluation of a course due to medical reasons or under other exceptional circumstances (supported by documentary evidence), a separate examination in that component may be arranged by the concerned Centre before the beginning of End Semester Examination. ### 11. In some special cases the school dean/Centre chairperson can take special measure to conduct re-exam of such student who fails to appear in the End-term exam due to unavoidable reasons such as medical or other similar exigencies. Such decisions to conduct re-exam will be taken on the basis of merit of individual case in consultation with COE office. In such cases valid documentary evidence, e.g. medical certificate, must be verifiable by special committee, constituted by competent authority. ### 12. Students who have been declared pass in a course (s) shall be allowed to repeat any course in order to improve his/her grade/CGPA along with regular students in corresponding semesters, No separate examination would be arranged for such students. ### 13. If a student passes in at least 50% of prescribed courses of a semester and 'allowed to continue' he/she shall be allowed to repeat preceding semester along with regular students in the End Semester Examination without putting in any additional attendance. The marks of sessional evaluation of such repeat course as applicable shall however, be carried forward in such cases. ### 14. If the candidate repeats the course for improving grade/marks, then the reassessed grade/marks shall be taken into account for working out revised award and a revised marks sheet shall be issued to him/her on the surrender of the marks sheet issued earlier. Such reassessed marks will not be counted for the award of Prizes/Medals, Rank and Distinction. If the candidate does not show improvement in the grade/marks, his/her previous grade/marks will continue to be taken into account. ### 15. Permission to appear at a University examination may be withdrawn before or during the course of the examination for conduct which, in the opinion of the Vice-Chancellor, justifies the candidate's exclusion. ### 16. If a candidate for any University examination owes any money to the University on any account and fails to pay the money, or has borrowed or has in his possession any book, apparatus, or other property belonging to the University or any kit supplied by the N.C.C./N.S.S./Sports office and fails to return the same, the Vice- Chancellor may withhold or authorise the withholding the result of the candidate till all such money has been paid or such property returned by the candidate. ### 17. Notwithstanding anything contained expressly or implied in these rules, the Vice-Chancellor may, on being satisfied after such enquiry as he may deem fit, withdraw retrospectively, prior to the publication of the final result of a candidate in a course, the permission granted to such candidate to pursue that course or to appear at a University examination in relation thereto, on any of the following grounds or cancel the result of such candidate, if it comes to his notice, within 4 months of the publication of the said final result that: ### 1. The candidate was ineligible for admission to the course but was wrongly admitted, or ### 2. The candidate was ineligible to take the examination on account of shortage of attendance but was permitted to do so by some mistake or some other unavoidable reason, or ### 3. A discrepancy was found in the attendance record on account of which the candidate who had taken the examination was in fact ineligible, or ### 4. A discrepancy was discovered in the award of marks etc. which rendered that result of the candidate liable to be cancelled to his disadvantage. ### 5. Any other ground which makes the candidate ineligible to appear in the examination. Provided that no such action shall be taken by the Vice-Chancellor without giving an opportunity to the concerned candidate to show cause against the proposed action and provided further that such action shall be reported to the Academic Council for the confirmation ### 18. Use of unfair means and Disorderly conduct in examination. The use of dishonest or unfair means in the examination include: ### 1. assisting in any manner whatsoever any other candidate in answering the question paper during the course of the examination; ### 2. taking assistance from any other candidate or any other person or from any book, paper, notes or other material in answering the question paper during the course of the examination; ### 3. carrying into the examination room any book, paper, notes, or other material whatsoever likely to be used directly or indirectly by the candidate in connection with the examination; ### 4. smuggling in an answer book or a continuation sheet; ### 5. taking out or arranging to send out an answer book or its any page or a continuation sheet; ### 6. replacing or getting replaced an answer book or its any page or continuation sheet during or after the examination; ### 7. getting impersonated by any person in examination; ### 8. deliberately disclosing one's identity or making any distinctive mark in the answer book for that purpose; ### 9. communicating with or talking to any other candidate or unauthorised person in or around the examination room during the course of the examination; ### 10. communicating or attempting to communicate directly or through a relative, guardian and friend with an examiner with the object of influencing him in the award of marks; Disorderly conduct in the examination includes: ### 1. misbehaviour in connection with the examination, with the Superintendent, the Invigilator on duty or the other staff working at the Examination Centre, or with any other candidate, in or around the examination centre, before, during or after the examination hour; ### 2. leaving the examination room before the expiry of the stipulated time or without handing over the answer book to the Invigilator-in-charge or without signing the attendance sheet; ### 3. intentionally tearing off the answer book or a part thereof or a continuation sheet; ### 4. disturbing or disrupting the examination; ### 5. inciting others to leave the examination room or to disturb or disrupt the examination; ### 6. Carrying into the examination centre any weapon of offence. ### 19. No candidate shall make use of any dishonest or unfair means or indulge in disorderly conduct in the examination. The candidate may be subjected to a search of his person to recover any incriminating material from him/her by the examination staff on duty. ### 20. A candidate found guilty of the use of dishonest or unfair means or disorderly conduct in the examination may be disqualified from passing the examination for which he was a candidate, and may, in addition, be debarred from appearing at any future Examination of the University for a further period to be stated or be expelled from the University and declared not a fit and proper person to be admitted to any further Examination of the University. ### 21. Any student of the University who is reported to have indulged in use of unfair means in any aspect of process of evaluation shall be liable for disciplinary action as may be determined by the Standing Committee on unfair means. The Superintendent of the Examination shall report in writing to the Controller of Examinations the case of every student who has indulged in use of unfair means. The reporting authority shall give full facts of the case in his report and forward with it the statements any incriminating material found there. ### 22. The Standing Committee on unfair means shall provide fair and reasonable opportunity to the student involved to prove his/her innocence before pronouncing him/her guilty. ### 23. Without prejudice to the powers of the Proctor, the Committee shall be entitled to exercise such powers in respect of disciplinary action against such students as may be delegated to it by the Vice-Chancellor. ### 24. A student aggrieved against the disciplinary action taken by the Committee shall be entitled to make an appeal to the Vice-Chancellor within 30 days of communicating such action to the student concerned. The decision of the Vice-Chancellor in the matter shall be final and binding. ### 25. If within four months of the publication of the results, it is brought to the notice of the Controller of Examinations that a candidate was guilty of the use of dishonest or unfair means at the examination in respect of which his result was declared, the provisions of this Ordinance shall apply mutatis mutandis to the case of such a candidate provided that before imposing any penalty including the penalty of cancellation of his result, he shall be given another opportunity, to show cause against the proposed punishment and his explanation, if any, shall be considered by the Academic Council. iii. Award of Grades Computation of SGPA and CGPA i. The SGPA is the ratio of sum of the product of the number of credits with the grade points scored by a student in all the courses taken by a student and the sum of the number of credits of all the courses undergone by a student, i.e. | | | --- | | SGPA =| (g1 x c1) + (g2 x c2) + ..........Total number of credits of courses for which the studenthas registered in a semester | Where Ci is the number of credits of the ith course and Gi is the grade point scored by the student in the ith course. ii. The CGPA is also calculated in the same manner taking into account all the courses undergone by a student over all the semesters of a programme,i.e. | | | --- | | CGPA =| (g1 x c1) + (g2 x c2) + ..........Total number of credits of courses for which the studenthas registered upto and including the semester for whichcumulative index is required. | iii. The SGPA and CGPA shall be rounded off to 2 decimal points and reported in the transcripts. iv. Grading System The students shall be graded in each course on a 10-point scale, that is: | | | | | --- | --- | --- | | Letter Grade | Grade Point | Percentage Range | | O (Outstanding) | 10 | 80 | | A+ (Excellent) | 9 | 70.00-79.99 | | A (Very Good) | 8 | 60.00-69.99 | | B+ (Good) | 7 | 55.00-59.99 | | B (Above Average) | 6 | 50.00-54.99 | | C (Average) | 5 | 45.00-49.99 | | P (Pass) | 4 | 40.00-44.99 | | D (Promoted) | 3 | 30.00-39.99 | | F (Fail) | 0 | <30.00 | | Ab (Absent) | - | - | Note : ### 1. There shall be no rounding off of SGPA/CGPA/FGPA. ### 2. The SGPA/CGPA/FGPA obtained by a student is out of a maximum possible 10 points. Ordinance No. 27 Award of Fellowship, Scholarships, Studentships, Medals And Prizes (Sections 6 (1) (xii) and Section 28 (1) (f) of the Act) ### 1. In order to encourage meritorious and deserving students to pursue Courses of studies and research in the University without great financial strain, the University shall strive to provide for adequate number of Scholarships, Fellowships, Studentship and Free-ships, for financial help, and also provide for award of Medals and Prizes. ### 2. There shall be instituted Scholarships in every subject to be awarded to the students of the University subject to availability of funds. Rules for award of the same will be laid down in the Regulations. ### 3. There shall be fee concession in the form of half and full Free-ships of tuition fee in each School and teaching Centres as per norms of the UGC. ### 4. There shall also be a scheme of merit Scholarship, subject to availability of funds, where the first and second rank holders in every subject will be awarded Scholarship the quantum of which shall be decided by the University from time to time. ### 5. All types of Scholarships and Free ships shall be administered at the University level by a Committee to be constituted by the Vice-Chancellor. ### 6. There shall be fellowships instituted in the University, subject to availability of funds, for studies or research as approved under the norms of UGC or other funding Agencies from time to time. ### 7. There shall be a scheme to award medals/ prizes to the meritorious students of the University for their best performance in various University Examinations. ### 8. The University shall have power to institute endowments from time to time in accordance with the Central Universities Act 2009. ### 9. There shall also be a Committee constituted by the Vice-Chancellor for administration of each endowment and to implement the objects of the endowment. ### 10. Detailed guidelines shall be framed from time to time by the Executive Council governing the administration of Scholarships, Free-ships, Fellowships, Medals and other such endowments created in the University.
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acts
State of Telangana - Act -------------------------- Telangana Khadi and Village Industries Board Act, 1958 -------------------------------------------------------- TELENGANA India Telangana Khadi and Village Industries Board Act, 1958 ======================================================== Act 4 of 1959 --------------- * Published on 30 September 2015 * Commenced on 30 September 2015 Telangana Khadi and Village Industries Board Act, 1958 (Act No. 4 of 1959 ) Last Updated 7th January, 2020 The Andhra Pradesh Khadi and Village Industries Board Act, 1958 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 Notification issued in G.O.Ms.No.72, Industries and Commerce (FP&MSME) Department, dated 30.09.2015. Chapter I . Preliminary. ----------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] Khadi and Village Industries Board Act, 1958. (2) It extends to the whole of the State. (3) It shall be deemed to have come into force on the third November, 1958 in the areas of the State which immediately before the 1st November, 1956 were comprised in the State of Telangana, and shall come into force in the remaining areas of the State on the date appointed by the Government by a notification such date not being earlier than the date on which an order issued under sub-section (1) of section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957), takes effect. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (i) 'Board' means the [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] Khadi and Village Industries Board constituted under section 3; (ii) [ 'Commission' means the Khadi and Village Industries Commission established under section 4 of the Khadi & Village Industries Commission Act, 1956, (Central Act 61 of 1956);] [Substituted by Act No.5 of 1962.] (iii) 'Chairman', [xxx] [Omitted (Vice-Chairman) by Act No.5 of 1962.] , [Vice-Chairman] [Substituted for 'Secretary' by Act No.30 of 1981.] , 'Chief Executive Officer' and 'Member' means respectively the Chairman, [xxx] [Omitted (Vice-Chairman) by Act No.5 of 1962.] , [Vice-Chairman] [Substituted for 'Secretary' by Act No.30 of 1981.] and Chief Executive Officer and Member of the Board; (iiia) [xxx] [Clause (iiia) inserted by Act No.5 of 1962 omitted by Act No.30 of 1981.] (iv) 'Government' means the State Government of [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] ; (v) 'Khadi' means any cloth woven on hand-looms in India from cotton, silk or woollen yarn hand spun in India or from a mixture of any two or all of such yarns; (vi) 'notification' means a notification published in the [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] Gazette; (vii) 'prescribed' means prescribed by rules made under this Act; (viii) 'regulations' means regulations made by the Board under this Act; (ix) 'State' means the State of [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] ; (x) 'Village Industries' means all or any of the industries which form the normal occupation, whether whole time or part time, of any class of the rural population of the State and includes any other industry which the Government may, of their own motion or on the recommendation of the Board, declare by notification to be a village industry for the purposes of this Act; but does not include any of the industries specified in the Schedule to the Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951). Chapter II The Board ------------------------- ### 3. Establishment and Constitution of the Board. (1) With effect from such date as the Government may, by notification, appoint in this behalf, there shall be established a Board to be called the [Telangana] [Substituted by G.O.Ms.No.72, Industries and Commerce (FP & MSME) Department, dated 30.09.2015.] Khadi and Village Industries Board with its Head Quarters in the City of Hyderabad which shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property to do all things incidental to and necessary for the purposes of this Act and to contract, and may by the said name sue and be sued. (2) The Board shall consist of the following members, namely:- [(i) five non-official persons to be appointed by the Government who have shown an active interest in the production and development of Khadi or in the development of Village Industries of whom one member shall be nominated as the Chairman and another member shall be nominated as the Vice-Chairman by the Government; (ii) the Additional Director of Industries, in-charge of Khadi and Village Industries, Member Ex-Officio; (iii) the Joint Secretary or the Deputy Secretary to Government in the Industries and Commerce Department, in-charge of Khadi and Village Industries, Member Ex-officio; (iv) the Joint Secretary or the Deputy Secretary to Government in the Finance and Planning (FW) Department, in-charge of Khadi and Village Industries, Member Ex-officio; and (v) the Chief Executive Officer, Member Ex-officio. (3) The Chairman shall exercise such powers and perform such functions as may be prescribed or as may be delegated to him by the Board. (4) The Vice-Chairman shall exercise such powers or perform such functions as may be prescribed or as may be delegated to him by the Chairman or the Board.] [Sub-sections (2) , (3) and (4) substituted by Act No.33 of 1997.] (5) [ The Chief Executive Officer shall be responsible for the conduct of and procedure at the meetings of the Board and for implementing the resolutions of the Board.] [Substituted by Act No.30 of 1981.] ### 4. [xxx] [Omitted by Act No.30 of 1981.] ### 5. [ Term of office of the Chairman, Vice-Chairman and non-official members and their resignation. [Substituted including in the marginal heading by Act No.33 of 1997.] - [(1) ] The Chairman, Vice-Chairman and the non official members of the Board] shall hold office for a period of three years from the date of his appointment, but may resign his office earlier by giving notice in writing to the Government, and shall cease to be a Member on the resignation being accepted by the Government.] (2) [ Notwithstanding anything in sub-section (1), the Government may, reduce the term of office of [Chairman, Vice-Chairman or any member] [Added by Act No.30 of 1981.] before the expiry of his term of office, without giving any notice to such member, and appoint any other person in his place.] ### 6. Temporary association of persons with the Board for particular purposes. (1) The Board may associate with itself in such manner and for such purposes as may be determined by regulations any persons whose assistance or advice it may desire in complying with any of the provisions of this Act. (2) A person associated with the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote, and shall not be a member for any other purpose. (3) The Government may, by notification, depute one or more officers of the Government to attend any meetings of the Board and to take part in the discussions of the Board but such officer or officers shall not have the right to vote. ### 6A. [xxx] [Omitted by Act No.30 of 1981.] ### 7. Meeting of the Board. (1) The Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations: Provided that the board shall meet at least once in two months. (2) [ The Chairman, or in his absence the Vice-Chairman, and in the absence of both the Chairman and Vice-Chairman, any member of the Board chosen by the members present among themselves, shall preside at a meeting of the Board.] [Substituted by Act No. 30 of 1981.] (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote. (4) [A copy of the agenda for every meeting as well as the proceedings of the meeting] of the Board shall be forwarded to the Government in the Industries Department.] [Substituted by Act No.30 of 1981.] ### 8. Vacancy etc., not to invalidate acts and proceedings of the Board. - No Act or proceedings of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. [xxx] [Proviso and the Explanation omitted by Act No.30 of 1981.] ### 9. [ Terms and conditions of service of Chairman and the Vice-Chairman etc. [Substituted by Act No.30 of 1981.] - The conditions of service of the [Chairman and the Vice-Chairman] and the terms and conditions of service of other members of the Board, including the salaries or honoraria and the allowances to be paid to them, shall be such as may be prescribed.] ### 10. [ Officers and servants of the Board. [Substituted with marginal heading by Act No.30 of 1981.] (1) The Government shall appoint the Chief Executive Officer, the Financial Adviser and Chief Accounts Officer and the Deputy Chief Executive Officer, and other persons to fill the posts carrying equivalent scales of pay to those aforesaid, either on deputation or otherwise. (2) The Chief Executive Officer shall be the principal Administrative Officer of the Board and shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time, be delegated to him by the Board or by the Chairman and shall be directly responsible for the due fulfilment of the purposes of this Act. (3) Subject to such rules as may be made by the Government in this behalf, the Board may, with the prior sanction of the Government, appoint such other officers and servants as it may consider necessary for the efficient performance of its functions. All the officers and servants of the Board shall be subordinate to the Chief Executive Officer.] Chapter III Functions of The Board. ---------------------------------------- ### 11. Functions of the Board. (1) Subject to the provisions of this Act, the functions of the Board shall generally be to plan, organize and implement programmes of works for the development of Khadi Village Industries. (2) In particular and without prejudice to the generality of foregoing power, the Board may take such steps as it may think fit- (a) to plan and organise the training of persons engaged in the production of khadi or in village industries; (b) to build up a reserve of raw materials and implements and to supply them to persons engaged in the production of khadi or in village industries at such economical rates as may be suitable in the opinion of the Board; (c) to provide for the sale and marketing of khadi or of products of village industries; (d) to encourage and promote research in the technique of production of khadi or in the development of village industries, or to provide facilities for a study of the problems relating to khadi or village industries; (e) to maintain or assist in the maintenance of institutions for the development of khadi or village industries; (f) to undertake, assist or encourage the production of khadi or the development of village industries; (g) to promote and encourage co-operative efforts among manufacturers of khadi and persons engaged in village industries and organise Co-operative societies for khadi and village industries; (h) to help the people by providing them with work in their homes and to give them monetary help; (i) to grant loans and other assistance to institutions carrying on the khadi or other village industry from bulk allotment which may be made to it by the Government in this behalf subject to such conditions as may be laid down by the Government for this purpose; (j) to conduct training centres and to train people thereat with a view to equipping them with the necessary knowledge for starting or carrying on khadi and village industries; (k) to conduct survey or assess potentialities of cottage and village industries and the scope for their development with a view a promote such industries for the purpose of eliminating unemployment; (l) to arrange for publicity and popularisation of finished products manufactured in the khadi and village industries by opening stores, shops, emporiums or exhibitions and by taking other similar measures for the purpose; (m) to incur expenditure and undertake works in any area of the State in which this Act is for the time being in force for framing and executing such schemes as it may consider necessary for the purposes of this Act or as may be entrusted to it from time to time, by the Government, subject to the provisions of this Act and the rules made thereunder; (n) for ensuring the genuineness of, and for granting certificates to producers of, or dealers in khadi or the products of any village industry on payment of fees according to such scale as may be provided in the regulations; (o) to carry out any other matter which may be prescribed. ### 11A. [ General powers of the Board. [Inserted with marginal heading by Act No.30 of 1981.] - The Board shall, for the purpose of carrying out its functions under this Act, have the following powers, namely:- (i) to acquire and hold such movable and immovable properties as it deems necessary and to lease, sell or otherwise transfer any such property: Provided that any lease, sale or other transfer to any person or authority, other than the Commission, of any immovable property belonging to the Board shall be null and void unless it is sanctioned by the Government; (ii) to appoint a committee or committees for securing the efficient performance of its functions and in particular, for ensuring that such functions are performed with due regard to the requirements of the local area concerned; (iii) to incur expenditure and undertake any work in any area in the State for the framing and execution of such schemes as it may consider necessary for the purpose of carrying out the provisions of this Act or as may be entrusted to it by the Government; and (iv) to enter into any contract and to do all things necessary for the purposes of this Act.] ### 12. [ Standing Committee of the Board. [Substituted with marginal heading by Act No.30 of 1981.] - The Board may constitute a standing finance committee consisting of such members as may be prescribed. The standing finance committee shall exercise such powers and perform such functions relating to the finances of the Board, as may be delegated to it by regulations made by the Board.] ### 13. Preparation, submission and sanction of Annual Programme. (1) The Board shall, prepare and submit to the Government every year before such date as may be prescribed a programme of works containing prescribed particulars of schemes, undertakings and works which the Board proposes to organise and execute during the next ensuing year. (2) The Government shall consider such programme and may- (a) sanction the programme; (b) add to, alter or modify the programme and sanction the programme so added to, altered or modified, or remit the same to the Board for re-consideration and submission to the Government with the report of the Board. (3) [xxx] [Omitted by Act No.30 of 1981.] ### 14. Power of Government to give directions. - In the exercise of [their powers] [Substituted by Act No.30 of 1981.] and in discharge of [their functions] [Substituted by Act No.30 of 1981.] under this Act, [the Board and the Chief Executive Officer] [Substituted by Act No.30 of 1981.] shall be bound by such directions as the Government may give [to them] [Substituted by Act No.30 of 1981.] : [Provided that any directions given by the Government to the Chief Executive Officer immediately before the commencement of the Andhra Pradesh Khadi and Village Industries Board (Amendment) Act, 1981, shall be deemed to have been given under this section.] [Added by Act No.30 of 1981.] ### 15. [ Dissolution of the Board. [Substituted with marginal heading by Act No.30 of 1981.] (1) If at any time, the Government are satisfied that- (a) the Board has, without reasonable cause or excuse, made default in the discharge of its duties, or in the performance of its functions, imposed or entrusted by or under this Act, or exceeded or abused its powers; or (b) circumstances have so arisen that the Board is rendered unable, or may be rendered unable, to discharge its duties or perform its functions under this Act; or (c) it is otherwise expedient or necessary to dissolve the Board; The Government may, by notification, dissolve the Board for such period as may be specified in the notification and declare that the duties, powers and functions of the Board shall, during the period of its dissolution, be discharged, exercised and performed by such person or authority, as may be specified in the notification: Provided that the Government may, for reasons to be recorded in writing, hold that it shall not be necessary to give the Board any opportunity of making representation on the action proposed. (2) The Government shall, before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of section 3. (3) The Government may make such incidental and consequential provisions as may appear to them to be necessary for giving effect to the provisions of this section. (4) Any notification issued or order made by the Government under this section shall not be questioned in any Civil Court. (5) On the Board being dissolved under sub-section (1)- (i) all funds and other properties vested in the Board shall vest in the Government; and (ii) all liabilities, legally subsisting and enforceable against the Board shall be enforceable against the Government to the extent of the funds and properties vested in the Government under clause (i).] Chapter IV Finance, Accounts and Audit ------------------------------------------- ### 16. Funds of the Board. (1) The Board shall have its own fund and all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom. The fund shall be operated by an officer or officers authorised by the Board, subject to the conditions prescribed. (2) The Board may accept grants, subventions, donations and gifts and borrow any amount from the State or the Central Government, or the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] or a local authority [or a commercial bank or a co-operative financing society] [Substituted by Act No.30 of 1981.] for all or any of the purposes of this Act. (3) The previous sanction of the Government shall be obtained for receiving any loan or borrowing any amount under sub-section (2): Provided that the provisions of this sub-section shall not apply when the Board receives any loan or borrows any amount from the State Government or the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] . (4) The sums borrowed from the Government (State or Central) or the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] shall be a charge on the assets of the Board. (5) All moneys belonging to the fund of the Board shall be deposited in such Bank and Treasury or be invested in such securities as may be approved by the Government. ### 17. Application of fund and property. - The property, fund and other assets of the Board shall be held and applied by it subject to the provisions, and for the purpose of this Act. ### 18. Subventions and grants to the Board. (1) The Government may, from time to time, make subventions and grants to the Board for the purposes of this Act on such terms and conditions as the Government may determine in each case. (2) The Board may ask for specific allocations of funds from the funds of the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] to be spent on schemes undertaken by the Board subject to the approval of the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] . ### 19. Recovery of arrears. (1) Where any loan or advance granted by the Board to any institution or person is not repaid before the date specified therefor, [or where any other amount is due to the Board from any person or institution either under a contract or otherwise] [Inserted by Act No.30 of 1981.] , the Board may without prejudice to any other mode of recovery, issue a certificate for the amount due to the Collector of the District concerned, and the Collector shall proceed to recover the amount in the same manner as an arrear of land revenue: [Provided that no certificate under this sub-section shall be issued unless the defaulter has been given an opportunity of making a representation against the action proposed: Provided further that it shall be lawful for the Board to issue succession certificates under this sub-section to the Collector for the realisation of its dues in full, if it is satisfied that the defaulter has come into possession of assets from which it can recover its dues.] [Added by Act No.30 of 1981.] (2) The Board may write off irrecoverable losses with the previous sanction of the Government or the [Commission] [Substituted for 'Central Board' by Act No.5 of 1962.] as the case may be [subject to such limits as may be laid down in the regulations.] [Inserted by Act No.30 of 1981.] ### 20. Budget. (1) The Board shall prepare in such form as may be prescribed, a budget in respect of the financial year next ensuing showing the estimates, receipts and expenditure on capital and revenue accounts according to the annual programme referred to in section 13; and the Schedule of the stock and sufficient number of copies of such budget shall be forwarded to the Government before the prescribed date. (2) The Government may sanction the budget with such modifications as they may deem fit. (3) The Board shall be competent to re-appropriate such amount as may be necessary from one scheme to another or within sub-heads and minor heads, subject to the condition that the cost of any scheme shall not exceed the amount originally sanctioned by the Government by more that one third without approval of the Government. ### 21. Supplementary Budget. - The Board may forward a supplementary budget for the sanction of the Government in such form and before such date as may be prescribed and the provisions of sub-sections (2) and (3) of section 20 shall apply to such supplemental budget. ### 22. Annual Report. (1) The Board shall prepare in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year and sufficient number of copies thereof shall be forwarded to the Government; (2) The Government shall on receipt of the annual report under sub-section (1) cause a copy of the same to be laid on the table of the Legislature of the State. ### 23. Accounts and Audit. (1) The Board shall maintain such books of account and other books in relation to the account, in such form, and in such manner as may be prescribed. (2) The accounts of the Board shall be audited, at such time and in such manner as may be prescribed, by a chartered accountant or by such person as the Government may appoint in this behalf. (3) As soon as the accounts of the Board are audited, the Board shall send, in such manner as may be prescribed a copy thereof together with a copy of the report of the auditor relating thereto, to the Government. ### 24. Returns and Reports. - The Board shall furnish to the Government such returns, accounts and other information with respect to its fund or its activities as the Government may require. Chapter V Miscellaneous ---------------------------- ### 25. Transitional provisions. - All debts or expenditure incurred, all contracts entered into, and all matters and things done, by the State Khadi and Village Industries Board established under G.O.Ms.No.1216 Home (NES) , dated the 19th July, 1954, upto the date of the establishment of the Board in accordance with the provisions of this Act shall be deemed to have been incurred, entered into or done by the Board, and all suits and legal proceedings instituted or which may be instituted by or against the State Khadi and Village Industries Board aforesaid shall be continued or instituted by or against the Board. ### 26. Members, officers and employees of the Board to be public servants. - All members, officers and employees of the Board when acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). ### 27. Bar of certain proceedings. (1) No suit, prosecution or other legal proceedings shall lie against any person in the employment of the Board for anything which is in good faith done or purported to be done under this Act. (2) Save as otherwise provided in this Act no suit or other legal proceedings shall lie against the Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act. ### 27A. [ Revision. [Inserted with marginal heading by Act No.30 of 1981.] (1) The Government may, either suo motu or on application, call for and examine the record of the Board in respect of any decision or proceeding taken or order passed under this Act to satisfy themselves as to the correctness or regularity or legality or propriety of such decision or proceeding or order taken or passed and if in any case it appears to the Government that such decision, proceeding or order should be modified, annulled, reversed or remitted for reconsideration, they may pass an order accordingly: Provided that every application to the Government for the exercise of the power under this section shall be preferred within ninety days from the date on which the decision, proceeding or order to which an application relates was communicated to the applicant: Provided further that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation. (2) The Government may stay the execution of any such decision, proceeding or order pending the exercise of their powers under sub-section (1) in respect thereof.] ### 28. 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) 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 filling casual vacancies among the members of the Board [xxx] [Substituted by Act No.5 of 1962.] and the terms and conditions of service of the Chairman, [the Vice-Chairman] [Substituted for the words 'the Secretary' by Act No.30 of 1981.] and other members of the Board [xxx] [Omitted (and the council) by Act No.30 of 1981.] including the salaries or honoraria and the allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;] (b) the disqualifications for [membership of the Board [xxx] [Substituted by Act No.5 of 1962.] ] and the procedure to be followed in removing a member who is or becomes subject to any disqualification including the procedure to be followed for suspending a member pending enquiry as to his disqualification; (c) the procedure to be followed for placing the Board in possession of funds; (d) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans; (e) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board; (f) the conditions subject to which movable or immovable property may be acquired by the Board or any immovable property belonging to it may be transferred by sale, lease or otherwise, the conditions subject to which any movable or immovable property belonging to the Government may be transferred to the Board for its use and management for the purposes of this Act; (g) any other matter which has to be, or may be, prescribed. (3) All rules made under this section shall be laid on the table of the Legislature as soon as possible after they are made and shall be subject to such modifications, whether by way of repeal or amendment, as that Legislature may make within fourteen days thereafter during the session in which they are so laid. ### 29. Power to make regulations. (1) The Board may, with the previous sanction of the Government, by notification, make regulations, not inconsistent with this Act and the rules made thereunder,[for enabling the Board to discharge its functions under this Act] [Substituted by Act No.30 of 1981.] . (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 terms and conditions of appointment and service and the scales of pay of the Chief Executive Officer and other officers and servants of the Board [xxx] [(Other than the Secretary) omitted by Act No.30 of 1981.] including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purposes of this Act; (b) the time and place of meetings of the Board [xxx] [Omitted (and the Council) by Act No.30 of 1981.] the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting; (c) [the delegation of powers and duties of the Board to the standing finance committee] [Substituted by Act No.30 of 1981.] , the Chief Executive Officer or any employee of the Board; (d) the maintenance of minutes of meetings of the Board [xxx] [Omitted (and the Council) by Act No.30 of 1981.] and the transmission of copies thereof to the Government; (e) the persons by whom and the manner in which, payments, deposits and investments may be made on behalf of the Board; (f) the custody of moneys required for the current expenditure of the Board and the investment of moneys not so required; (g) the form in which and the scale of fees to be levied for granting the certificates of genuineness of Khadi and Products of Village Industries may be granted by the Board, and the procedure for the grant of such certificates. (3) the Government may, by notification, modify or rescind any regulation made and there upon the regulation shall stand modified accordingly or shall cease to have effect, as the case may be. ### 30. Repeal. (1) The Hyderabad Khadi and Village Industries Board Act, 1955 (Hyderabad Act XII of 1955) shall, in its application to this State, stand repealed with effect from the date appointed in the notification issued under sub-section (3) of section 1. (2) The Andhra Pradesh Khadi and Village Industries Board Ordinance, 1958 (Andhra Pradesh Ordinance III of 1958), is hereby repealed.
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State of Jharkhand - Act -------------------------- Judicial Academy Jharkhand, Regulations, 2002 ----------------------------------------------- JHARKHAND India Judicial Academy Jharkhand, Regulations, 2002 =============================================== Rule JUDICIAL-ACADEMY-JHARKHAND-REGULATIONS-2002 of 2002 ---------------------------------------------------------- * Published on 27 September 2016 * Commenced on 27 September 2016 Judicial Academy Jharkhand, Regulations, 2002 Published vide Notification No. S.O.88, dated 27.9.2016 S.O.88. - In exercise of the powers conferred under article 162 of the Constitution of India and in consultation with the Hon'ble Jharkhand High Court, Ranchi, the State Government makes the amendment in Judicial Academy Jharkhand Regulation, 2002 (as amended 2016) which are as follows:- ### 1. Short title and commencement. - (i) These Regulations may be called the "Judicial Academy Jharkhand, Regulations, 2002",(as amended 2016) (ii) It shall come into force from the date of publication in the official Gazette. ### 2. Name of the Headquarter of the Academy. - The Academy shall be known by the name of "Judicial Academy Jharkhand". It shall have a perpetual succession, separate seal and emblem and its head quarter shall be located at Ranchi and it shall be housed in such premises as may be provided by the State Government. ### 3. Aims and Object. - The Academy has been set up for the following objectives - (i) To impart training to in-service Judicial Officers of Jharkhand State, such persons who have been selected, proposed as recommended for appointment as officers in the Jharkhand Judicial Service, the State Members of the Registry of Jharkhand High Court and the Members of the staff of the State Judiciary. (ii) To impart training to the in-service officers of the State Government such as Assistant Public Prosecutor and such other Law Officers of State Government, G.Ps, P.Ps, I.O's and others as may be nominated for such purpose. Example. - The training shall include study courses relating to legal, para-legal and Judicial or quasi Judicial subjects and matters. (iii) To conduct courses of various types and for varying durations for the purposes of the aforesaid training; (iv) To disseminate legal and Judicial knowledge and to equip and prepare Judicial Officers for the discharge of their functions and duties; (v) To create an atmosphere ideally conducive and fundamentally congenial for ensuring that the Judicial Service of Jharkhand State in particular, and other services in general, reach levels of excellence and inspire confidence of the Highest order among the members of the public; (vi) To bring about closer levels of interactions between the members of the Bar and the Bench, and the three organs of the State, namely, Legislature, Executive and the Judiciary and to take all positive and effective steps in that direction; (vii) To organize Seminars, Symposia, Workshops and Debates in furtherance of aforesaid and other related objects; (viii) To create awareness amongst masses about their rights, duties and obligations and to help the people in the enforcement of such rights and realization of such duties and obligations; (ix) To arrange for and bring about closer inter-action with other organizations and Institutions for achieving the objectives for which the Academy has been set up; (x) To fix or lay down such other objectives as may be prescribed from time to time by the Governing Body with the approval of the state Government. ### 4. Patron-in-Chief. - The Chief Justice of the High Court of Jharkhand shall be the Patron-in-Chief of the Academy. ### 5. Governing Body. - (i) The governance, control and administration of the Academy shall vest in the Governing Body. The Chief Justice of the High Court of Jharkhand shall be the Chairman of the Governing Body. In addition to the Chairman, the Governing Body shall consist of the following: | | | | | --- | --- | --- | | 1. | The Judge In-Charge, Judicial Academy | Member | | 2. | One Judge of the High Court of Jharkhand to be nominated by the Chief Justice | Member | | 3. | The senior most Judge of the Executive Committee of the Judicial Academy | Member | | 4. | Advocate General, Jharkhand | Member | | 5. | Director General (Training) ,Shree Krishna Lok Prashasan, Sansthan, Ranchi | Member | | 6. | Registrar General, High Court of Jharkhand | Member | | 7. | Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi | Member | | 8. | Principal Secretary to Government, Law (Judl.) Deptt., Jharkhand, Ranchi | Member | | 9. | Secretary, Department of Personnel, Government of Jharkhand, Ranchi | Member | | 10. | Vice Chancellor, National University For Study & Research In Law, Ranchi. | Member | | 11. | Director, Judicial Academy | Member | (a) The Chief Justice-cum-Patron-In-Chief may in his discretion invite any person as special invitee in the Governing Body Meeting. (ii) The Governing Body may lay down the broad policy framework for the Academy, approve the curriculum, format duration of courses and all other issues and matters relating to the courses to be conducted by the Academy from time to time, including programmes for such courses with respect to various categories of training and trainees or the categories of persons/ participants to be involved in such courses. The Governing Body shall also approve Annual Academic Calendar for the Academy and may pass such order to take such decisions as may be necessary to achieve the purposes for which the Academy has been set up. (iii) The annual Budget of the Academy shall be prepared & forwarded by the Governing Body for the approval of state Government. (iv) The Governing Body may from time to time issue instructions or guidelines, pass orders to issue such directions as it considers appropriate for the running of the Academy, with regard to its administration, or any matter connected therewith, relating to the objects for which the Academy has been set up and for ensuring that the objects were achieved with optimum result. ### 5A. Executive Committee. - (i) There shall be an Executive Committee for continuing supervision of Programmes and administration including day to day working of the Academy, formulation of academic calendar, matters relating to financial activities like preparation of budget, purchasing and other expenditure and all other matters, questions or issue not mentioned elsewhere in this regulation. (ii) The Executive Committee shall comprise of Judges of the High Court to be nominated by the Chief Justice Justice of the High Court of Jharkhand. ### 6. Officers and Staff of the Academy. (a) The Academy shall have a whole time Director and Senior Faculty Members whom the Governing Body may designate by some other appropriate or suitable name. (b) The Academy shall have such Officers and additional staff members as may be approved by the Governing Body, with the prior sanction of the Government of Jharkhand. The power to appoint the Director, Additional Director-cum-Senior Faculty Members and the officers shall vest with the Governing Body in consultation with Jharkhand High Court. Other Staff members may be appointed by the Director with the prior approval of the Chief Justice (Patron-in-Chief of the Academy) ### 7. Director and Senior Faculty Members. (a) The Judicial Academy shall be administered by the Judge-in-charge, Judicial Academy to be nominated by the Chief Justice, High Court of Jharkhand, who shall be its Executive Head". (b) The Judge-in-charge, Judicial Academy shall be assisted by the Director and Additional Director-cum-Senior Faculty Members in the functioning of the Academy. Additional Director-cum-Senior Faculty Member, in the absence of the Director, and with the prior approval of the Judge-in-charge Judicial Academy may officiate in his place and on his behalf. The eligibility, qualifications and other terms and conditions for appointment of the Director, and Additional Director-cum-Senior Faculty Member shall be such as may be prescribed by the Governing Body in consultation with the State Government. (c) The Director (if he is a serving District Judge) and the Additional Director-cum-Senior Faculty Members shall be the officers drawn from the Jharkhand Superior Judicial Service. ### 8. Meetings of the Governing Body. (a) The meetings of the Governing Body shall be held at least twice in a year and not more than six months shall elapse between two meetings. One half Members of the Governing Body in normal course shall constitute the quorum for such meetings. Provided, however, if a Meeting is adjourned for lack of quorum, no quorum shall be required for any meeting held pursuant to such an adjournment. (b) The Chairman, may, owing to his anticipated or expected absence from the meeting or otherwise direct that the Meeting shall be presided over, in his absence, by the Senior Judge of the High Court, being a member of the Governing Body. ### 9. Decisions. - It shall be the endeavour of the Governing Body, particularly of the Chairman, to ensure that all decisions in the meeting of the Governing Body are arrived at through consensus. If consensus, however, eludes or fails, decisions shall be taken through a majority vote of the Members present and voting. ### 10. Amendment. - These Regulations may from time to time be amended by the Governing Body with the approval of State Government. ### 11. Misc. - With respect to any other matter, question or issue not mentioned herein or covered by these Regulations, it shall be competent for the Governing Body to take decisions, initiate action, pass orders or issue directions. ### 12. Audit. - Yearly audit of the Academy shall be conducted.
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Union of India - Act ---------------------- The Companies (passing of the resolution by postal ballot) Rules, 2011 ------------------------------------------------------------------------ UNION OF INDIA India The Companies (passing of the resolution by postal ballot) Rules, 2011 ======================================================================== Rule THE-COMPANIES-PASSING-OF-THE-RESOLUTION-BY-POSTAL-BALLOT-RULES-2011 of 2011 ---------------------------------------------------------------------------------- * Published on 30 May 2011 * Commenced on 30 May 2011 The Companies (passing of the resolution by postal ballot) Rules, 2011 Published vide Notification New Delhi, the 30th May, 2011 Ministry of Corporate Affairs G.S.R. 419(E) . - In exercise of the powers conferred by section 192A read with clauses (a) and (b) of sub-section (1) of section 642 of the Companies Act, 1956 (1 of 1956), the Central Government here by makes the following rules, in supercession of Companies (passing of the resolution by postal ballot) Rules, 2001 namely:- ### 1. Short title and commencement. - (1) These rules may be called the Companies (passing of the resolution by postal ballot) Rules, 2011. (2) They shall come into force on the date of their publication in the official gazette. ### 2. Definitions. - In these rules unless the context otherwise requires - (a) "Act" means the Companies Act, 1956 (1 of 1956); (b) "Agency" means agency appointed for providing and supervising electronic platform for voting by electronic platform shall be an agency approved by the Ministry of Corporate Affairs. (c) "Postal Ballot" includes voting by share holders by postal or electronic mode instead of voting personally by presenting for transacting businesses in a general meeting of the company; (d) "Requisite majority" with regard to Special Resolution means votes cast in favour of the business is three times more than the votes cast against, with regard to ordinary resolution, votes cast in favour is more than the votes cast against. (e) "Voting by electronic mode" means a process for recording votes by the members using a computer based machine to display an electronic ballot and to record the vote and also the number of votes polled in favour or against such that the entire voting gets registered and counted in a electronic registry in a centralised server; (f) Words and expressions used herein but not defined shall, unless the contest otherwise requires, bear the meaning, if any, as assigned to them under the Act and Information Technology Act, 2000. ### 3. Notice. - (a) The company may issue notices either,- (i) under Registered Post Acknowledgement Due; or (ii) through any other secured mode of posting provided by Department of Post; or (iii) through electronic mail provided the company has obtained email address of its member for sending the notices through e-mail, after giving an advance opportunity to the member to register his email address and changes therein from time to time with the concerned depository; and (b) The notice shall clearly mention that whether the company is providing voting through postal ballot or by electronic mode. If the company is opting for providing voting by electronic mode, then the notice shall clearly indicate the process and manner for voting by electronic mode provided by the agency. (c) The company shall cause an advertisement to be published in a leading English Newspaper and in one vernacular Newspaper circulating in the State in which the registered office of the company is situated, about having dispatched the ballot papers duly specifying therein, inter alia, the following matters: (i) The date of completion of despatch of notices; (ii) The date of commencement of voting through postal ballot or by electronic mode; (iii) The date of end of voting through postal ballot or by electronic mode; (iv) The notice shall further state that any postal ballot received from member beyond the said date will not be valid. (v) That members, who have not received postal ballot forms may apply to the Company and obtain a duplicate thereof. ### 4. Applications. - These Rules shall be applicable to listed companies and in case of resolutions relating to such businesses as are specified under rule 5. ### 5. List of businesses in which the resolutions shall be passed through Postal Ballot. - (a) Alteration in the Object Clause of Memorandum; (b) Alteration of Articles of Associations in relation to insertion of provisions defining private company; (c) Buy-back of own shares by the company under sub-section (1) of section 77A; (d) Issue of shares with differential voting rights as to voting or dividend or other wise under sub-clause (ii) of clause (a) of section 86; (e) Change in place of Registered Office out side local limits of any city, town or village as specified in sub-section (2) of section 146; (f) Sale of whole or substantially the whole of undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 293; (g) Giving loans or extending guarantee or providing security in excess of the limit prescribed under sub-section (1) of section 372A; (h) Election of a director under proviso to sub-section (1) of section 252 of the Act; (i) Variation in the rights attached to a class of shares or debentures or other securities as specified under section 106. ### 6. Procedure to be followed for conducting business through Postal Ballot. - (a) The company may make a note below the notice of General Meeting for understanding of members that the transaction(s) at Sl. No. requires consent of shareholders through postal ballot; (b) The board of directors shall appoint one scrutinizer, who is not in employment of the company, may be a retired judge or any person of repute who, in the opinion of the board can conduct the postal ballot voting process in a fair and transparent manner; (c) The scrutinizer shall submit his report as soon as possible after the last date of receipt of Postal Ballots; (d) The scrutinizer will be willing to be appointed and he is available at the Registered Office of the company for the purpose of ascertaining the requisite majority; (e) The scrutinizer shall maintain a register to record the consent or otherwise received, including electronic media, mentioning the particulars of name, address, folio number, number of shares, nominal value of shares, whether the shares have voting, differential voting or non-voting rights and the Scrutinizer shall also maintain record for postal ballot which are received in defaced or mutilated form. The Postal Ballot and all other papers relating to postal ballot will be under the safe custody of the Scrutinizer till the Chairman considers, approves and sign the minutes of the meeting. Thereafter, the Scrutinizer shall return the ballot papers and other related papers/register to the company so as to preserve such ballot papers and other related papers/register safely till the resolution is given effect to; (f) The consent or otherwise received after thirty days from the completion of dispatch of notice shall be treated as if reply from the member has not been received; ### 7. Procedure to be followed for conducting business by electronic mode. - The company shall follow the procedure for voting by electronic mode as recommended by agency.
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acts
State of Maharashtra - Act ---------------------------- The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 ------------------------------------------------------------------------------------------------------------------------------ MAHARASHTRA India The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 ============================================================================================================================== Rule THE-MAHARASHTRA-HOUSING-AND-AREA-DEVELOPMENT-ESTATE-MANAGEMENT-SALE-TRANSFER-AND-EXCHANGE-OF-TENEMENTS-REGULATIONS-1981 of 1981 -------------------------------------------------------------------------------------------------------------------------------------- * Published on 29 December 1981 * Commenced on 29 December 1981 The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 Published vide Notification No. MH-EMR. 1080/11808-EM-9, dated 29th December, 1981 (M.G.G., Part 4C, p. 1008) In exercise of the powers conferred by sub-section (1) of section 185 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), read with sub-clause (i) of clause (a), clause (b) and clause (f) of subsection (1) of section 28 and clauses (iii), (iv), (vi) and (ix) of sub-section (3) of section 28 and section 64 of the said Act and of rule 17 of the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981 and of all other powers enabling it in this behalf, the Maharashtra Housing and Area Development Authority, with the previous sanction of the Government of Maharashtra, makes the following regulations, namely :- Part I – Preliminary ---------------------- ### 1. Short title, application and commencement. (1) These Regulations may be called the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981. (2) They shall apply - (a) to the estate management, sale including transactions in the nature of sale by deferred payment, transfer and exchange of Authority premises, not being premises used or to be used exclusively for office or an undeveloped site, and (b) except as provided in Part VIII, in relation to premises of the Authority in the whole of the State. (3) They shall come into force, at once. ### 2. Definitions. - In these Regulations, unless the context requires otherwise, - (1) (a) "Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977); (b) [ "Allotment Committee" means a Committee appointed by the Authority or by the Boards as the case may be for the purpose of drawing lots for allotment of tenements in a building and for such other purposes relating thereto as the Authority or the Board may think fit from time to time] [Clauses (b) and (h) were substituted by G. N. of 25.4.1990.] ; (c) "allottee" means a person to whom a tenement is allotted or who is put in possession or occupation of a tenement under these Regulations, and includes :- (i) a housing society, a company, an Association or a body corporate established under any law for the time being in force in the State; and . (ii) all such persons who, before the commencement of these Regulations, are duly and legally in possession or occupation of any premises of the Authority; (d) "Apartment Act" means the Maharashtra Apartment Ownership Act, 1970 (Maharashtra XV of 1971); (e) "apartment owner" means an apartment owner as defined in section 3 of the Apartment Act; (f) "applicant" means a person who applies under Regulation 9 in Form I for allotment of a tenement under these Regulations; (g) "Association" means a Association of Apartment Owners constituted under the Apartment Act; (h) [ "Authorised Officer" means a person duly empowered by the Chief Officer, for the purposes of these Regulations] [Clauses (b) and (h) were substituted by G. N. of 25.4.1990.] ; (i) "Authority" or "Board" includes an officer appointed by the authority or as the case may be, by the Board to perform the functions and [to exercise the powers of the Authority, the Board or the Chief Officer under these Regulations;] [These words were substituted for the words 'to exercise the powers of the Authority or the Board under these Regulations' by substituted by G. N. of 25.4.1990.] (j) "Chief Officer" means the Chief Officer of a Board within the meaning of sub-section (5) or (6) of section 18 of the Act; (k) "colony" means any specified area referred to as such in which any existing Board or the Authority has constructed buildings or is entrusted with the management of buildings, under a housing scheme; (l) "economic rent" in relation to tenement means the rent which is determined by the Authorised Officer in accordance with the formula prescribed by the Government by an order made in this behalf; (m) [ "Estate Manager" means the officer of a Authority appointed as such, and includes an Assistant Estate Manager, appointed as such and duly authorised by the Board or by the Authority for the purposes of these Regulations, for managing the estate of the Authority specified in such authorisation;] [Clause (m) was substituted by G. N. of 29.7.1994.] (n) "Estate of the Authority" means all lands, buildings, all easements in relation thereto and all other property belonging to, or vesting in, the authority or in its possession for the purposes of the Act, or these Regulations, and also includes all Authority Premises; (o) "family" in relation to an allottee or applicant, means his spouse, sons and unmarried daughters, and [\* \* \*] [The words 'and for the purposes of transfer of tenants also includes' were deleted by G. N. of 9.7.1992.] persons who are members of his family under the personal law applicable to him; (p) "Form" means a Form appended to these Regulations; (q) "Government" means the Government of Maharashtra; (r) "housing scheme" includes a housing plan or project, [but does not include a plan or project for the construction establishment and development of a commercial centre] [Inserted by G. N. of 20.11.1982.] ; (s) "housing society" means co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961); (t) "income" in relation to an applicant or allottee means the total average monthly income regularly derived by the applicant or allottee and his or her spouse from any occupation, trade, business, employment or any calling or source constituting normal means of livelihood on the date on which an application for a tenement offered under any housing scheme is submitted to the Authority, Board or officer specified in such scheme or any other date specified by the Board in this behalf, but does not include, income which is intended to reimburse any specific service, such as, conveyance allowance, house rent allowance, travelling allowance, car allowance and such other allowances; (u) [ "Initial instalment" means such amount of purchase price of a tenement as the Board may determine, and which an applicant, tenderer or allottee is required to pay to the Board before occupying such tenement, regard being had to the cost of the tenement, whether provisional or final, constructed under any housing scheme or a scheme for a commercial centre] [Clause (u) was substituted by G. N. of 20.11.1982.] ; (v) "officer of the Board" means in relation to the area under the jurisdiction of the Bombay Housing and Area Development Board, the Deputy Chief Officer (Estate Managements), and elsewhere the Chief Officer within his jurisdiction; (w) "purchase price" in relation to a tenement means the provisional or the final price at which a tenement is sold to an allottee under these Regulations; (x) "rules" means the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981; (y) "section" means a section of the Act; (z) "tenant" in relation to a tenement means the persons to whom a tenement is allotted either on lease, on payment of rent or on the basis of sale by deferred payment (popularly referred to as a transaction in the nature of hire-purchase), till such person has paid all the equated instalments and other dues, if any, in respect of the tenement, and the building containing such tenement has been duly conveyed under a deed of sale to the housing society, company or the Association; (za) "tenement" means a part of a property intended for independent use including one or more rooms or enclosed space located on one or more floors (on part or parts thereof), in a building constructed under any housing scheme [or any scheme for a Commercial Centre and intended to be used principally for residence, or for a commercial purpose] [These words were substituted for the words 'and intended to be used principally for residence' by G.N. of 20.11.1982.] or such other use as the Board may permit in this behalf with a direct exit to any public street, road or highway or to a common area leading to such street, road or highway, and includes an apartment within the meaning of the Apartment Act; (2) Words and expressions used in these Regulations but not defined shall have the meanings respectively assigned to them in the Act or in the rules. Part II – General ------------------- ### 3. Provision for estate management. (1) Subject to the superintendence, direction and control of the Authority, every Board shall, within the area of this jurisdiction, be responsible for the management of the estate of the Authority, or for the sale, including transactions of sale on the basis of deferred payment, of tenements in any such estate, [or for transfer or exchange of residential tenements, or for permitting caretaker arrangement of residential tenements under these regulations] [These words were substituted for the words 'and intended to be used principally for residence' by G. N. of 20.11.1982.] , and all other matters pertaining to the management of the estate of the Authority. (2) The Board may, by an order in writing, also authorise such officers working under the Board or Authority not below the rank of an Estate Manager to discharge such functions and duties, and exercise such powers in relation to matters referred to in clause (1) as may be specified in the order. (3) Save as aforesaid, subject to the general supervision of the President, the Vice-President, the Chairman and Vice-Chairman, the Chief Officer shall manage the estate of the Authority with the assistance of the officers duly authorised by the Board for the purpose of these Regulations under clause (2). (4) The Estate Manager and other staff of the Authority appointed for the work of estate management shall be responsible to the officer of the Board for management and for that purpose may also exercise all or any of the powers specified in this Regulation. (5) The Estate Manager may for and on behalf of and in the name of the Authority, - (a) ask for or demand and receive payment of rent and other amount due to the Authority and give receipts for payment made to the Authority; (b) give notices to occupiers of the tenements for and in relation to the recovery of rent, eviction, re-entry or re-taking possession of the tenements, unauthorised additions and alterations therein or breach of any of the terms and conditions of the agreement or lease or any other purpose whatsoever under any law, agreement, lease or order of the authority, as the case may be; (c) report cases of persons falling under section 66 of the Act to the Competent Authority, and furnish for the said purpose, necessary information, files, documents and other evidence, reenter, re-take or resume possession of any tenement whenever required or remove any unauthorised occupier of any tenement, with the requisite assistance of the other employees of the Authority; (d) institute, maintain or conduct legal proceedings for recovery of claims, eviction, distress and defend legal proceedings instituted against the authority. Board or any officer thereof in the discharge of his official duties, and may also sign, verify, declare, affirm and present plaints, petitions, applications, affidavits, appeal memoranda, vakalatnamas for Counsel and Advocates, or Solicitors engaged by the Authority; and (e) generally do such acts, deeds and things and execute such documents or instruments as may be proper and necessary for all or any of the purposes aforesaid. (6) All amounts recovered by any officer under these Regulations or in pursuance of any documents or instruments, shall be credited forthwith to the fund of the Authority. Explanation. - [\* \* \*] [Explanation was deleted by G. N. of 9.7.1992.] ### 4. [ Housing Schemes. [Regulation 4 was substituted by G. N. of 9.7.1992.] - There may be different housing scheme based on reasonable classification as the Board may specify in the notice publish under Regulation 7 of these Regulations.] ### 4A. [ Schemes for Commercial Centres. [Regulation 4-A was substituted by G. N. of 20.11.1982.] - The Authority may formulate schemes for the construction, establishment and development of Commercial Centres at such places and for such categories of commercial establishment as it may deem expedient.] ### 5. Reservation of tenements. - Subject to the provisions of these Regulations :- (1) there shall be reserved by the Board in every housing scheme, or in relation to housing scheme in any area during any period specified in this behalf, tenements fob the categories of persons as specified in rule 13 of the rules in the percentages shown against them in the said rule; (2) there may be reserved by the Board in every colony not exceeding two percent of the existing tenements therein, (a) for locating such amenities provided in the colony as the Authority may by general or special order specify in this behalf; and (b) for the staff appointed for the administration and maintenance of the colony on such terms and conditions and in such manner as the Board may, subject to any general directions of the Authority, think fit; (3) [ the reservation of tenements under sub-clause (a) of clause (2) may be made on such principles, in such manner and on payment of such rent or sale price as the Authority may determine in accordance with the provisions of rule 15 of the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981.] [Clause (3) was substituted by G. N. of 20.11.1982.] Part III – [Allotment of Residential Tenements] [Heading was substituted by G. N. of 20.11.1982.] ------------------------------------------------------------------------------------------------------ ### 5A. [ Part not to apply to commercial tenements. [Regulation 5-A was substituted by G. N. of 20.11.1982.] - The provisions of this part shall not apply to allotment of commercial tenements.] ### 6. Procedure for allotment. - [(1) The tenements may be allotted either on the basis of monthly tenancy, or on the basis of sale by deferred payment or on the basis of out-right sale.] [Clause (1) of principal regulation was deleted and clause (2) was renumbered as clause (1) by G.N. of 9.7.1992.] (2) [ The allottees of tenement shall held the tenements as Authority premises until the said tenement, after the payment of all the dues of whatever nature is made to the Authority, are duly conveyed to a Cooperative Housing Society or to a Company or to Association.] [Clause (3) of principal regulation was re-numbered as clause (2) by G.N. of 9.7.1992.] (3) Notwithstanding anything contained in these Regulations the entire building in a scheme may be allotted on the basis of outright sale to the Government or to any Corporation owner or controlled by the State or to any local authority for purposes of residential use : Provided that, the allotment may be made after meeting the demand of persons who have applied in response to the advertisement if the scheme is already advertised. [(4) On such allotment under clause (4), the building together with the land underneath and appurtenant thereto shall vest in, and belong to, the Government or as the case may be, the Corporation, and shall be held by it on such conditions and restrictive covenants as may be specified by the Board in this behalf, regard being had to the common service and amenities, common areas and facilities available in relation to such building and the adjoining property of the authority, if any, including water tanks, water connections, electric installations and the like.] [Clause (4) and (5) of the principal regulation were re-numbered as (3) and (4) respectively by G.N. of 9.7.1992.] ### 7. Notice inviting applications for allotment of tenements. (1) The Chief Officer shall display a notice on the Notice Board of his office, inviting applications for residential accommodation in a building constructed or under construction or proposed to be constructed under any housing scheme before such date as may be specified in the notice. (2) The notice shall specify such details of the building and tenements therein, the class of persons who may be eligible for allotment, the reservation for the different categories of persons, the preference, if any, to be given to any class of persons in the matter of allotment of tenements, the manner of allotment, the amount of deposit or earnest money or both to be paid, the circumstances in which the amount of deposit or earnest money or any portion thereof may be retained by the Board towards administrative expenses and such other terms and conditions of allotment as may be decided by the Chief Officer. (3) The notice shall constitute an offer of the tenements to the applicants for acceptance of the conditions specified in the notice. (4) [ Where any Board displays a notice on its notice board under sub-clause (1) of this regulation, the Chief Officer shall forthwith publish a notice in at least two widely read news papers of which at least one shall be in Marathi giving full details relating to the housing scheme for inviting application.] [Inserted by G. N. of 9.7.1992.] ### 8. [ Receipt of Application. [Regulation 8 was substituted by G. N. of 9.7.1992.] - Application for housing scheme displayed under Regulation 7 shall be received by any designated officer or in any of the nominated Branches of the Bank/Banks to be nominated by the Chief Officer and shall be serially registered in a Register maintained for this purpose.] ### 9. Application for tenements. (1) Any person desirous of getting a tenement for bona fide residential purposes may, in pursuance of the notice displayed under Regulation 7, apply in Form I. The application shall be accompanied by such particulars as specified in the Forms. Persons below the age of 18 years shall not be eligible to apply for any tenement. (1A) [ A person shall not be eligible to apply for any tenement in municipal area if he or his/her spouse or his/her minor children own a house or a flat or a residential plot of land or holds on a hire-purchase basis or outright sale basis or on a rental basis form the Maharashtra Housing and Area Development Authority a house or a flat or a residential plot of land in his/her name, or in the name of his/her minor children as the case may be, in such a municipal area.] [This clause was inserted by G. N. of 15.6.1989.] (2) No application shall be accepted unless - (a) it is received with its acknowledgements on or before the date specified in the notice displayed under Regulation 7; and (b) the applicant pays the earnest money or makes the initial payment as specified or required in accordance with such notice. (3) The applicant shall not be entitled to any interest, on the amount of the earnest money or such initial payment made by him under this Regulation. (4) No person shall tender more than one application in the general category or any reserved category in any scheme. [(5) [ \* \* \*] [Clause (4) and (5) were inserted by G. N. of 16.1.1982.] ### 10. [ Verification of application. [Regulation 10 was substituted by G.N. of 9.7.1992.] - On receipt of all the applications the applications shall be verified to see the completeness of the applications and of the requisite enclosures. Incomplete application shall stand summarily rejected and no representation or appeal shall be entertained. The remaining applications shall be prima facie treated as eligible applications subject to the detailed scrutiny after holding of drawal of losts if found necessary.] ### 11. [ Drawal of Lots. [Regulation 11 was substituted by G.N. of 9.7.1992.] (1) A public drawal of lots shall be held by the Chief Officer if the number of applications prima facie held eligible in each category exceeds the number of tenements being offered for allotment. In these draw, the number of lots drawn shall be equal to the availability of plots/tenements in each category. This will constitute the list of successful allottees subject to the delayed scrutiny. (2) With a view to providing for a certain number of successful applications in the above drawal of lots being subsequently found to be ineligible on detailed scrutiny to be held after the drawal of lots, the Chief Officer shall proceed to draw lots from amongst the remaining prima facie eligible applicants to constitute a waiting list for allotment purpose subject of a scrutiny. The number of lots to be drawn for this waiting list shall not be less than the number of tenements/lots in the scheme. (3) After each draw the Chief Officer or an official nominated by him for this purpose shall enter the name of each drawee in the Register maintained for the purpose so that the names of successful drawees as well as those in waiting list are entered in the said Register in the same order in which they emerge out of the lots. There shall be a separate Register for each category.] ### 12. [ Determination of eligibility. [Regulation 12 was substituted by G. N. of 9.7.1992.] (1) A detailed scrutiny of these applicants successful in the drawal of lots that is the list of successful allottees shall be held in the first instance. The list of these applicants out of this list found eligible after detailed scrutiny shall be displayed on the notice board of the Board and eligible applicants shall also be communicated by R.P.A.D. If necessary, the result of this scrutiny would also be announced in widely read local newspaper. Those who are held eligible in the detailed scrutiny shall constitute the "approved list" of allottees, (2) After determination of the eligibility as provided in clause (1), the Chief Officer shall or any other officer nominated by the Chief Officer for the purpose shall proceed with the allotment of tenements being offered as provided in Regulation 17, out of the successful list and the waiting list. (3) Those applicants whose applications have been rejected in the detailed scrutiny shall have the right to represent against the decision to Chief Executive Officer/M.H. & A.D. Authority within 15 days of the receipt of the rejection letter. On receipt of any such representation, the Chief Executive Officer/M.H. & A.D.A. may review himself or through an officer appointed by him not below the rank of Deputy Chief Executive Officer or a Deputy Collector, the earlier decision if found necessary. If the representation is rejected the decision shall contain in brief the reasons for rejection. The decision on such representation shall be communicated to the applicant by the R.P.A.D. (4) Upon admission of the representation by the Chief Executive Officer, the Chief Officer shall hold back from actual allotment a number of tenements/plots equal to the number of applicants who have represented against his decision of the Chief Executive Officer within the prescribed time limit. (5) In the meanwhile with a view to allotting the tenements equal in member to those held ineligible by the Chief Officer (and by the Chief Executive Officer) under Regulation 12, the Chief Officer or Officer nominated by him in this behalf shall proceed to scrutinise the application in the waiting list according to their serial number given in the waiting list Register maintained under Regulation 11. Those applicants in the waiting list who are held ineligible in a detailed scrutiny shall have the same right to represent as specified in Regulation 12. (6) The above process of detailed scrutiny and right of representation to those held ineligible shall be continued till all the tenements/plots advertised or actually available are allotted and handed over or the waiting list has been exhausted whichever is earlier. Thereafter the waiting list will cease to be operative.] ### 12A. [ Procedure in cases of previous assessment. [Regulation 12A was inserted by G. N. of 9.7.1992.] (1) In cases wherein a housing scheme has been undertaken after a survey or an assessment of the housing requirements of the members of the public in a particular locality and in pursuance of the applications received from them in that behalf, regular applications under Regulation 7, for allotments to be made for tenements in a building or buildings constructed or to be constructed in such a scheme, shall initially be invited only from such of the persons who had earlier applied and registered their names in response to the advertisement published for the assessment of the housing requirements of the members of the public in that locality : Provided that, if the number of tenements that are constructed or are to be constructed in such a scheme is more than the application received at the time of assessment survey, the notice inviting applications for residential accommodation displayed under Regulation 7 need not be restricted to such persons but in that case the preference for allotment of tenements in that scheme shall be given to such persons who had applied and registered earlier and who are found to be eligible for the same. (2) If the persons who had earlier applied and registered their names in tenements in such a scheme do not apply in response to the notice displayed under Regulation 7, they shall be deemed to have withdrawn from the scheme and shall not thereafter be eligible for allotment of a tenements therein on the strength of their earlier application and registration. (3) The amount of deposit or earnest money, if any, paid by a person at the time of assessment survey shall, subject to the deduction of such administrative expenses as may be determined by the Authority, be refunded to him if he has not applied in response to the notice displayed under Regulation 7. (4) If after allotment of tenements in such a scheme to all the eligible persons who had applied both at the time of the assessment survey and in response to the notice displayed under Regulation 7, there are any surplus tenements remaining to be failed in, the Chief Officer shall, if necessary, renotify the same and shall allot them to members of public in accordance with the provisions of these Regulations.] ### 13. [ Allotment of tenements. [Regulation 13 was substituted, by G. N. of 9.7.1992.] (1) Allotment of tenements to the eligible applicants shall be floor wise commencing from the first floor of the building to be continued to other upper floors serially and the tenements on the ground floor shall be allotted after the allotment of all the tenements on the upper floors is completed. The tenements on each floor of the building as far as practicable be allotted to eligible applicants in the general category and in each of the reserved categories in proportion to their respective percentages specified in the notice displayed under Regulation 7 and in the order of their ranks entered in the Register maintained under Regulation 11. (2) Housing Schemes for specific category or categories shall be prepared and implemented by Maharashtra Housing and Area Development Authority with the approval of Government. (3) The names of persons to whom the tenements are so allotted and all the particulars of the tenements so allotted and any other such particulars as may be determined by the Chief Officer shall be entered in the Allotment Register to be kept for the purpose.] ### 14. [ Renotification of vacancies. [Regulation 14 was substituted by G. N. of 27.11.1984.] (1) If for some reasons it is found that all the tenements advertised cannot be offered to those in the approved list or to those in the waiting list according to the procedure in these regulations then the tenements advertised shall be renotified by themselves or as part of any other scheme of the Board. (2) If the number of eligible applicants for the tenements advertised for the second time under clause (1) is less than the number of tenements so advertised the Board may offer any or all unallotted tenements as per direction of the State Government or with the prior approval of Government.] ### 14A. [ Special provision for disposal of tenements in certain circumstances. [Regulation 14A was inserted by G. N. of 27.11.1984.] - If even after renotification of vacancies as provided in Regulation 14 there is no adequate response and demand for tenements in any particular scheme such of the tenements as cannot be so disposed of must be disposed of on the 'first served' basis or in any other manner determined by the Authority from time to time.] ### 15. [ The variation of the price of tenements. [Regulation 15 was substituted by G. N. of 9.7.1992.] - The price at which the tenements are offered under a scheme could vary amongst the allottees as in certain cases considerable time may have elapsed from the time of advertisement till the actual allotment.] ### 16. [ Allotment of tenements by Board on direction of State Government. [Regulation 16 was substituted by G. N. of 8.8.1985.] (1) Notwithstanding anything contained in these Regulations but subject to the provisions of clauses (2) and (3), the Board may allot tenements in any building to any persons according to the direction of the State Government : Provided that, tenements already advertised for allotment for members of the public shall not be so allotted. (2) The number of tenements to be so allotted shall be restricted to the extent of 2 per cent, of the total number of tenements in buildings, the tenements in which are notified for the first time, by issuing advertisement or otherwise, for disposal in accordance with the provisions of these Regulations in the year under each of the Economically Weaker Section, Lower Income Group, Middle Income Group and Higher Income Group Category under any of the tenements earmarked earlier for it for a category under any scheme in any city, town or area under this Regulation and direct the Board to allot, in lieu thereof a tenement in the same category in any other scheme in the same city, town or area if it is still available for allotment to any person intimated by the State Government. (3) The tenements in any scheme remaining unallotted even after the issue to two advertisement as provided in these Regulations shall be deemed to be available for the purposes of this Regulation and may, if so directed by Government, be allotted by the Board to Government nominees, within the quota specified in clause (2).] ### 17. Intimation of allotment of tenements. (1) Subject to the provisions of these Regulations, the Authorised Officer shall send an intimation of allotment in Form II to every eligible applicant on the approved list. (2) On receipt of the intimation of allotment, the allottee may, within the period specified in the letter, accept the allotment of the tenement in Form III, and pay the amounts referred to in Form II and specified in the notice displayed under regulation 7, if any. (3) Subject to the provisions of this regulation, every acceptance in Form III shall constitute acceptance of the offer made in the notice published under regulation 7, and in the letter of allotment in Form II. (4) [\* \* \*] [Clause (4) was deleted by G. N. of 9.7.1992.] . ### 18. Power to withdraw allotment. (1) Notwithstanding anything contained in Regulation 17 the Chief Officer may, before any tenements are handed over and occupied by the applicants, review any decision regarding allotment and may by order withdraw the allotment duly made under clause (1) of Regulation 17 if he is satisfied that on the basis of any fresh evidence before him, the allotment of the tenement is required to be withdrawn. (2) Every such order withdrawing an allotment shall be communicated in writing to the applicant, along with the grounds on which the allotment has been withdrawn. (3) The order of the Chief Officer withdrawing the allotment shall, subject to an appeal to the Chief Executive Officer, be final and binding on the applicant. (4) Any applicant, who is aggrieved by the decision of the Chief Officer, may, within a period of fifteen days from the date of receipt of the order, file an appeal before the Chief Executive Officer stating in brief the grounds for appeal. (5) Every appeal shall be decided by the Chief Executive Officer within a period of three weeks from the date of filing of the appeal and every order rejecting the appeal shall state briefly the grounds for such rejection. ### 19. Transfer of application. - If any applicant on an approved list or waiting list dies or is transferred or leaves the place in which the tenement is located, or for any other reason which, in the opinion of the Authorised Officer, is adequate, his application may with the previous approval of the [Chief Officer] [These words were substituted for the words 'Allotment Committee' by G. N. of 9.7.1992.] be transferred in the name of any other bona fide member of his family whose name is mentioned in the application for allotment under these Regulations. In case the bona fide member is not interested or if there be no bona fide member then the tenement may be allotted to the next person in the waiting list. ### 20. Final allotment. (1) After the tenements are ready for occupation, the Estate Manager shall - (a) in respect of tenements to be allotted on the basis of sale by deferred payment, issue an allotment letter in Form IV to such applicants who have accepted and complied with the requirements of the letter of intimation of allotment in Form II informing them that the tenements have been finally allotted to them on the terms and conditions accepted by them; (b) in respect of tenements to be allotted on rental basis, issue an allotment letter in Form V; and (c) in cases falling under sub-clauses (a) and (b), the applicants shall in writing be asked to take over possession of the tenement within such period as may be specified in the letter. (2) On acceptance of the allotment of a tenement in cases falling under sub-clause (a) or sub-clause (b) of clause (1), the allottee shall, subject to the provisions of clause (4) of regulation 21 execute a tenancy agreement in Form VI in favour of the Authority, and shall comply with the terms and conditions of such agreement. (3) Such tenancy agreement in the case of a tenement sold on the basis of deferred payment shall subject to the provisions of the proviso to clause (4) of regulation 21 remain in operation only in so far as the building containing such tenement and the land underneath and appurtenant to the building is duly conveyed to the housing society, company or the Association as provided in these Regulations. ### 21. Allotment on basis of deferred payment, allottees to form society or company or Association. (1) Unless otherwise specially decided by the Authority, as soon as the minimum number of persons required to form a housing society, or a company or Association, as the case may be, have taken possession of the tenements and in any case not later than three months after the final allotment, such persons shall submit an application - (a) to the Registrar of Co-operative Societies for the registration of the allottees as a housing society, or (b) to the Registrar of Companies for forming a company of the allottees under the Companies Act, 1956, or (c) to the Board requesting that the Authority as owner of the building may, after all the allottees have paid the full purchase price of the tenements allotted and the Authority has no objection to convey the building to the apartment owners, submit the building containing the tenements allotted to them, and the land underneath and appurtenant thereto (hereinafter collectively referred to as the property), to the provisions of the Apartment Act with the condition that the Authority shall grant a lease of such land to the apartment owners on the terms and conditions of lease being disclosed in the declaration either by annexing to the Declaration a copy of the instrument of lease to be executed or otherwise. (2) Every application under clause (1) shall be accompanied by a 'No Objection Certificate' from the Board to the effect that the Board has no objection to forming a housing society or a company or to the submission of the property to the provisions of the Apartment Act. (3) The allottees, shall, after the application is made under clause (1), take all steps to get themselves registered as a housing society, or company, or as the case may be expedite the Board to submit the property to the provisions of the Apartment Act, as provided in sub-clause (c) of clause (1) of this regulation and on the formation of the housing society or company inform the Board, accordingly. Where the property is to be submitted to the provisions of the Apartment Act, the Board shall expedite the Authority for such submission, and proceed to take all necessary steps under that Act. (4) On the formation of the housing society or company, the Board shall arrange to lease the property to the housing society or the company and in any other case, the Board shall lease the tenements in the building to each allottee where the allottees have expressed desire to submit the building to the provisions of the Apartment Act, and thereupon, the society or the company or the allottees shall hold the property, or as the case may be, the land and the tenement purely as tenants of the Authority, until all the allottees have paid the full purchase price of the tenements and all other outstanding dues, if any, to the Authority, and the property is duly conveyed to the housing society or company or to the Association : Provided that, where the allottees have paid the full purchase price and there are no outstanding dues due to the Authority, and the property is [\* \* \*] [The words 'not yet' were deleted by G. N. of 20.11.1982.] duly conveyed to the society, company or Association, as provided in this regulation, the tenancy executed in favour of the housing society, company or allottees shall stand terminated and the building shall cease to be Authority premises and the housing society or company or the allottees, as the case may be, shall hold the building as owner thereof subject, however, to the condition that the land beneath and appurtenant to the building shall be held on lease from the Authority as provided in these Regulations. (5) The housing society, the company, or as the case may be, the allottees shall hold the property on lease duly executed in that behalf as tenants of the Authority and till the lease is in force, the property shall remain as the Authority premises subject to the provisions of the Act. (6) After the entire amount due from a housing society, company, or as the case may be, allottees in respect of the tenements, in a building or group of buildings is paid to the Authority, the Chief Officer, shall without undue delay take steps to convey the building to the housing society, the company or the Association with its right, title and interest in the building containing the tenements, and lease to it the land underneath and appurtenant thereto and execute the necessary document in that behalf and deliver all documents of title relating to the building aforesaid and of the lease of land aforesaid to the housing society, the company or the Association, as the case may be. (6A) Notwithstanding anything contained in the foregoing provisions of this Regulation or clause (2) of Regulation 4, but subject to the provisions of any municipal or planning law for the time being in force, the Authority may; if the circumstances.so require, in the case of tenements in a single storeyed building constructed by the Board and disposed of on an out-right sale basis or hire-purchase basis, direct the Chief Officer to take steps without undue delay, after the entire amount due from all the allottees in the building is paid to the Authority,- [(i) to convey the tenements in such a building to the individual allottees thereof with its right, title and interest therein; (ii) to lease to them the land underneath and appurtenant to their respective tenements; and (iii) execute the necessary documents in that behalf.] (7) [ All charges including stamp duty and registration fees to be paid in respect of the documents referred to in clause (6) or clause (6A) shall be borne by the housing society, company or the Association, or the allottee, as the case may be. Explanation. - In sub-clause (c) of clause (1) the expression "Declaration" has the meaning assigned to it in the Apartment Act.] [Clause (7) was substituted by G. N. of 27.11.1984.] [Part III-A] [Chapter III-A was inserted by G. N. of 20.11.1982.] Allotment of Commercial Tenements ### 21A. Manner of allotment. - All commercial tenements shall be allotted in accordance with the provisions of this part. ### 21B. Allotment on basis of outright sale. (1) The commercial tenement shall be allotted on the basis of outright sale. (2) On payment of the whole of the amount of sale price and all other dues, if any, by all the allottees in building or a group of buildings in a Commercial Centre the building or the group of buildings shall be conveyed by the Authority to the co-operative society, the company or the Association, as the case may be, formed by the allottees thereof under a duly executed sale deed and the land beneath appurtenant thereto shall be given to such co-operative society, company or Association, as the case may be, on lease in accordance with the provisions of the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981, and subject to the terms and conditions specified in such a lease deed. (3) Until the building is so conveyed to a co-operative society or a company or an Association and the land underneath and appurtenant thereto is leased to it the same shall continue to be a "authority premises" and the provisions of the Act and the Rules and Regulations made thereunder shall Continue to apply in respect of all matters regulated by them. ### 21C. Notice inviting tenders for allotment of commercial tenements. (1) The Chief Officer shall display a notice on the Notice Board of his office, inviting sealed tenders for allotment of commercial tenements in a building or a group of buildings constructed or under construction or proposed to be constructed as a Commercial Centre, before such date as may be specified in the notice. The tenders shall be invited for specific tenements or groups of tenements in buildings in a Commercial Centre. (2) The notice shall specify such details and salient features of the building and each of the tenement or a group of tenements, as the case may be, proposed for sale therein, the categories of establishments, if any, that are proposed to be located in the Commercial Centre, the number of tenements allocable to each such category, the manner of allotment, the amount of deposit or earnest money or both to be paid, the circumstances in which the amount of deposit or earnest money or any portion thereof may be forfeited or retained by the Board towards administrative expenses, the date on which and the time at which the tenders would be opened in the presence of the tenderers, and such other terms and conditions of allotment as may be decided by the Chief Officer. ### 21D. Publication of notice in newspapers. - Where any Board displays a notice on its Notice Board under regulation 21-C, the Chief Officer shall forthwith publish a notice in such daily newspapers, as he thinks fit, of which at least one notice shall also be published in English or Hindi newspaper of the area, that a notice containing the details relating to the scheme for a Commercial Centre for inviting tenders has been displayed on the Notice Board of the Board and is open for inspection during office hours. ### 21E. Application for commercial tenements. (1) Any person desirous of getting a commercial tenement for bona fide commercial purpose or any other non-residential purpose approved by the Authority may, in pursuance of the notice displayed under regulation 21-C, present a tender in Form VI-A. The tender shall be accompanied by such particulars as specified in the Form. Persons below the age of 18 years shall not be eligible to present tenders for any commercial tenement. (2) No tender shall be accepted unless - (a) it is received with accompaniment on or before the date specified in the notice displayed under regulation 21-C, and (b) the tenderer pays the deposit/earnest money or makes the initial payment as specified or required in accordance with such notice. (3) The tenderer shall not be entitled to any interest on the amount of the deposit/earnest money or such initial payment made by him under this regulation. ### 21F. Register of applications. (1) On receipt of a tender under regulation 21-E, the Authorised Officer shall enter such tender in a register maintained for the purpose, in the order in which it is received by him and enter on the tender the number specified in the register, and the date of its receipt and shall thereafter send a receipt to the tenderer in token of having received the tender on the aforesaid date. There shall be maintained a separate register for each of the commercial tenement or a group of tenements, as the case may be, under the scheme advertised under regulation 21-D. Each such register shall be closed everyday till the last day under an appropriate certificate by the Authorised Officer. (2) All tenders and the register in which such tenders are entered shall, on the expiry of the last date of receipt of tenders be kept with the Chief Officer. ### 21G. Opening and scrutiny of tenders. - The tenders presented by the persons interested in the allotment of commercial tenements on or before the date specified in the notice displayed under clause (1) of regulation 21-C shall be opened by the Chief Officer tenement-wise in the presence of the Chief Accounts Officer on the date and at the time specified in the notice displayed under the said clause (1) of regulation 21-C. The tenderers shall be entitled to be present when the tenders are opened, scrutinized and selected for allotment. (2) On opening of the tenders, they shall be arranged in the order of the price tendered, that is, the tender containing the highest offer shall be put at the first place followed by the tender containing the next higher offer and so on. (3) The names of the tenderers so arranged shall be entered in a register kept for the purpose. (4) The Chief Officer shall thereupon ensure that each tenderer fulfils the conditions of allotment displayed in the notice under regulation 21-C and as disclosed from the particulars specified by him in Form VI-A. The tenderers who, as a result of such scrutiny are held to be ineligible shall not be considered for allotment of commercial tenements in the category of tenements in the scheme under scrutiny. The names of the eligible tenderers shall be entered in separate register kept for the purpose in the order of the price tendered, that is, tenderer whose tender contains the highest offer shall be entered first followed by the tenderer offering next higher tender and so on. The names of tenderers entered in the said register shall constitute the approved list for the purposes of allotment of commercial tenements. (5) There shall be a separate register for each commercial tenement or a group of commercial tenements, as the case may be. (6) After the entries on a page of the register of tenderers kept under clause (3) or clause (4) of this regulation are complete the Chief Officer and the Chief Accounts Officer of the Board shall each sign the page and any erasers made thereon in token of the names or erasers being made in their presence and with their approval. ### 21H. Allotment of tenements. (1) A commercial tenement or a group of commercial tenements shall, subject to the provisions of clause (2) of this regulation, be allotted by the Chief Officer to the tenderer who is held eligible and whose tender is the highest for the tenement or a group of tenements, as the case may be, for which he has presented his tender. The names of the persons to whom the tenements or group of tenements are so allotted in a building or a group of buildings in a Commercial Centre and the particulars of the tenements or group of tenements allotted to them in-a building or a group of buildings and such other particulars as may be determined by the Chief Executive Officer shall be entered in the allotment register kept for the purpose. (2) Notwithstanding anything contained in clause (1) of this regulation-(a) the Chief Officer may, if necessary, reject all or any of the tenders without assigning any reasons. (b) the conditional tenders shall be liable to be rejected. (c) the Chief Officer shall not, in cases wherein the highest tender is for an amount which is less than the upset price determined by the Authority accept the tender or allot the tenement but shall place the matter before the Board and make the allotment or reject all the tenders in accordance with the decision of the Board in that behalf; Provided that, no such allotment in pursuance of the Board's decision shall be made by the Chief Officer unless the decision of the Board is confirmed by the Authority. The Authority shall, as far as possible, confirm or refuse to confirm such decision within a period of two months from the date of receipt of Board's decision. The decision of the Authority in such a case shall be final. ### 21I. Renotification of vacancies. (1) If there are no tenders offered for any commercial tenement or a group of commercial tenements in a Commercial Centre or if all the tenders offered are rejected under these Regulations or of the tenement or the group of tenements is not allotted to any tenderer for any reason whatsoever, the Chief Officer shall renotify the vacancy under regulation 21-C. (2) The Chief Officer may at the time of renotification of vacancies, if considered so necessary, change the category of establishment to be located in the renotified commercial tenements. ### 21J. Intimation of allotment of commercial tenements. (1) Subject to the provisions of these Regulations, the Authorised Officer shall send an intimation of allotment to every successful tenderer whose name has been included in the allotment register kept under regulation 21-H. (2) On receipt of the intimation of allotment, the allottee shall, within the period specified in the letter, accept by letter to be addressed to the Chief Officer the allotment of the tenement and pay the amounts referred to in the allotment letter and specified in the notice displayed under regulation 21-C, if any. (3) If the allottee does not convey to the Chief Officer his acceptance of the allotment of tenement to him, or pay the amounts referred to in the allotment letter, within the period specified or, if the period so specified is extended by the Chief Officer, within the period so extended, the allotment made in his favour shall be liable to be cancelled and the amount of deposit or earnest money paid by him shall stand absolutely forfeited to the Authority. (4) Subject to the provisions of this regulation every acceptance under clause (2) shall constitute acceptance of the offer made in the notice published under regulation 21-C and in the letter of allotment. ### 21K. Offer to next highest tenderer in certain circumstances. - If the allotment made in favour of a successful tenderer is for any reason cancelled under the provisions of these Regulations before the tenement is handed over and occupied by the tenderer, the next highest tenderer, in the approved list may be offered and allotted with such tenements on payment of the price agreed to be paid by the original successful tenderer. ### 21L. Power to withdraw an allotment. (1) Notwithstanding anything contained in regulation 21-J, the Chief Officer may, before any tenements are handed over and occupied by the successful tenderers, review any decision regarding allotment and may, by order withdraw the allotment duly made under clause (1) of regulation 21-J if he is satisfied that on the basis of any fresh evidence before him, the allotment of the tenement is required to be withdrawn. (2) Every such order withdrawing an allotment shall be communicated in writing to the tenderer along with the grounds on which the allotment has been withdrawn. (3) The order of the Chief Officer withdrawing the allotment shall, subject to an appeal to the Chief Executive Officer, be final and binding on the tenderer. (4) Any tenderer, who is aggrieved by the decision of the Chief Officer, may, within a period of 15 days from the date of receipt of order, file an appeal before the Chief Executive Officer stating in brief the grounds for appeal. (5) Every appeal shall be decided by the Chief Executive Officer within a period of three weeks from the date of filing an appeal and every order rejecting the appeal shall state briefly the grounds for such rejection. ### 21M. Final allotment. (1) After the tenements are ready for occupation, the Estate Manager shall issue an allotment letter to such of the tenderers who have accepted and complied with the requirements of the letter of intimation of allotment informing them that the tenements have been finally allotted to them on the terms and conditions accepted by them. The tenderer shall in writing be asked to take over possession of the tenement within such period as may be specified in the letter. (2) On acceptance of the allotment of a tenement, the allottee shall be governed by the terms and conditions contained in the allotment order and the provisions of the Act and Rules and Regulations made thereunder till the property is duly conveyed to the co-operative society, company or association as provided in these Regulations. Part IV – Certain Powers of Board ----------------------------------- ### 22. Powers of Board to increase price of tenements. (1) Notwithstanding anything contained in the notice inviting applications or in the agreement extended by an, allottee, the Board shall, if the expenditure including interest on the amount of loans taken by the Authority, if any, and the expenditure incurred on supervision has increased the cost of tenement/building, be competent to revise the price of a tenement already specified in the notice or agreement. (2) All the allottees in relation to the tenements aforesaid shall be bound by such revision, and they shall either pay the difference, if any, between the price so determined and the price paid by them within two weeks from the date of demand, or as the case may be, entitled to a refund of such difference. ### 23. Power of Board to utilise FSI. - Notwithstanding anything contained in these Regulations, where the Floor Space Index in respect of any building, the tenements in which have been allotted, has not been fully utilised, the Authority may utilise the Floor Space Index by erecting an additional floor or floors or otherwise, at any time before the building is conveyed under a duly executed deed of sale to the housing society, company or Association and thereupon, all the provisions of these Regulations relating to allotment of tenements in the portion of the building so constructed shall apply as they apply in relation to tenements already allotted in such building. ### 23A. [ Part not to apply to commercial tenements. [Regulation 23A was substituted by G. N. of 20.11.1982.] - The provisions of this part shall not apply to commercial tenements.] [Clause (6A) was inserted by G. N. of 27.11.1984.] Part V – Transfer of Tenements -------------------------------- ### 24. Transfer of Tenements. - If any allottee dies, or, in the course of his sendee or employment, is transferred, or secures or intends to secure another accommodation or leaves the place within the jurisdiction of the local authority in which the tenement is located for reasons not known to him or anticipated by him [prior to the allotment of the tenement or desires to transfer the tenement to any member of his family,] [These words were substituted for the words 'prior to the allotment' by G. N. of 15.6.1989.] his tenement during the currency of the tenancy under Regulation 20, may be permitted by the Chief Officer to be transferred in the name of any other member of his family : Provided that, such member [\* \* \*] [The words 'is eligible for allotment of the tenement under the scheme and' were deleted by G. N. of 20.11.1982.] undertakes to abide by the provisions of these Regulations. ### 25. Prohibition against transfer of tenement. (1) No allottee shall, during the currency of the tenancy under Regulation 20, transfer any tenement allotted to him except with the previous permission in writing of the Board and also of the housing society or the company, if such a society or company has already been formed and registered. [It shall be open to the Board to refuse the permission or to grant the same subject to such conditions including a condition regarding the payment of a portion of the unearned increase in the value of the tenement not exceeding fifty per cent, of such increase as the Authority may, in its absolute discretion but subject to the other provisions of this Regulation, thinks fit.] [Inserted by G. N. of 27.11.1984.] (2) The housing society or the company may give permission to transfer any tenement, if ,- [(a) (i) a period of five years has elapsed from the date of allotment of tenement under Regulation 20 to the allottee; (ii) in the case of tenements falling in the housing schemes formulated for persons belonging to the Economically Weaker Section or the Low Income Group or the Middle Income Group, the transferee falls within any of the aforementioned groups; (iii) in the case of tenements falling in the housing schemes formulated for persons belonging to High Income Group, the transferee falls within the same income group; (b) the transferee has paid all the dues to the Board on behalf of the Authority.] (3) If any allottee transfers any tenement in contravention of the provisions of clause (1) or clause (2) - (a) the Board may declare such transfer to be invalid and to be of no effect, and the transfer made in favour of the transferee shall stand cancelled; (b) the transferee shall deemed to be in unauthorised occupation of the tenement and may be evicted therefrom under Chapter IV of the Act : Provided that, no such declaration shall be made unless the transferee has been given an opportunity to submit his explanation in writing to the Board; and (c) the Authority shall refund the amount paid by the allottee without any interest after deducting an amount equal to rent for the period during which the tenement was occupied by the allottee. Explanation. - In this clause "rent" means "economic rent" as determined by the Board. ### 25A. [ Part not to apply to commercial tenements. [Regulation 25A was inserted by G. N. of 20.11.1982.] - The provisions of this part shall not apply to commercial tenements.] [Sub-Regulation 2 was substituted by G. N. of 27.11.1984.] Part VI – Provisions Relating to Tenements Allotted under these Regulations ----------------------------------------------------------------------------- ### 26. Consequences of failure to accept tenements to join housing society, company, etc. (1) If an allottee, - (a) fails to accept the tenement offered to him, and to pay the required amount; or (b) fails to take possession of the tenement so offered within the period specified in the allotment order; or (c) having taken possession of the tenement, refuses or fails to join [co-operative society or a company or an association] [These words were substituted for the words 'a housing society or a company' by G. N. of 20.11.1982.] as the case may be, the Authorised Officer may cancel the allotment, remove his name from the approved list, and evict him under the provisions of the Act and retain towards administrative expenses such part of the earnest money paid by the applicant not exceeding one per cent, of the sale price of tenement as the Board may decide, regard being had to the circumstances in which his name is being removed, and the balance shall be refunded to the allottee without any interest due to him after deducting from the balance and from the initial instalments or the security deposit the amount of compensation for occupation for the tenement and the amount of damages to the premises, if any. When the amount of initial instalment and security deposit falls short of the amount of compensation together with the amount of damages, the amount shall be recoverable from the allottee as arrears of land revenue, if the said amount is not paid within a reasonable time. Explanation. - The Board, may assess the amount of damages, having regard to the period of his stay in the tenement, the condition of the tenement, and such other relevant factors as the Authorised Officer for reasons to be recorded in writing, may think fit. (2) The retention of the earnest money shall in no way affect the right of the Board to take action for eviction under the provisions of Chapter VI of the Act. (3) In case of tenements allotted on rental basis, the earnest money paid-by an allottee may be retained towards administrative expenses under the following circumstances, that is to say, - (a) if the allottee fails to accept the tenement allotted to him within the time specified in the allotment order; or (b) if it is found that the allottee does not satisfy any of the conditions of allotment. ### 27. General liability of allottees and societies, etc., to continue as long as the building and tenements therein continue to remain as the authority premises. (1) Where common services, such as, water, chowkidar, sweeper, electrician, plumber and the like are provided for any building or group of buildings by a Board, the charges for common services shall be apportioned between the tenants of each building or group of buildings. (2) Where the allottees have formed a housing society or company, such society or company, and in any other case, the Board, shall communicate to each allottee his share of charges for common services, ground rent of monthly taxes and public dues in respect of his tenement and the land underneath and appurtenant to the building containing such tenement. The society, company or the Board, as the case may be, may as far as practicable, indicate the break up of the liability in respect of each of the item mentioned above to enable an allottee to verify such liability. Such liability may include the share of an allottee based on approximation, where charges are collected on pro rata basis such as charges for water, electrician, sanitary repairs, chowkidar, sweeper, plumber and the like. (3) The allottee shall pay the electricity charges directly to the undertaking supplying the energy to the allottee. (4) The housing society, company, or as the case may be, the Board, shall, on receipt of the payment due from every allottee under clause (1) deposit the amount in any bank approved by such housing society, company or Board before the 10th day of each month succeeding the month to which the payment relates. (5) The housing society, company or the Board, as the case may be, shall pay taxes and damages received from the allottees to the concerned authorities within a reasonable time from their receipt. (6) If the payment under clause (3) or (4) cannot be made by the housing society or company for any reason, the Board shall be informed of the same with reasons therefor. (7) The housing society, the company or the Board, as the case may be, and every allottee shall each, severally and jointly, be bound to keep the building and the land and each tenement in good condition, and shall be responsible for the repairs and maintenance of the building and the land appurtenant thereto at the expense of the housing society or company or allottees. (8) The housing society or company or the Board, as the case may be, shall be entitled to recover expenses towards such repairs and maintenance from each allottee. (9) The housing society, company and every allottee shall permit any officer duly authorised by the Board, in this behalf, to enter upon any part of the building or land and any tenement therein and inspect the condition thereof and give notice of any defect with a direction to rectify it in the time specified by it till the building or tenement is transferred to the housing society or company or the Association, as the case may be. (10) It shall be the duty of the housing society or the company, as the case may be, and of the allottees jointly and severally to remedy, the defects pointed out by the Authorised Officer, within three months from the date of intimation thereof. (11) The housing society or company and the allottee shall use the tenements in the manner in which a man of ordinary prudence and judgement would use, as if it were his own. (12) The allottee shall use the tenement only for the purpose for which it is allotted to him. (13) The allottee shall not do any act which would cause or which is likely to cause damage to the tenement or any act which is destructive or permanently injurious to the tenement, or the building. ### 28. Provision relating to allottees of tenements let on rental basis. (1) The tenements constructed or reconstructed under any housing scheme or those vested in the Authority may be allotted on economic rent or subsidised rent under the provisions of the respective housing scheme or on such rent as may be calculated on the basis approved by the Authority from time to time : Provided that, where a tenant of a tenement allotted on economic or subsidised rent commits breach of any of the terms and conditions of the tenancy agreement executed by him under clause (2) of regulation 20 he shall for such period, during which such breach is continued as may be decided by the Estate Manager, be liable to any economic rent in respect of such tenement, without prejudice to any other action that he may be liable for under the Act or these Regulations. Explanation. - The subsidised rent of tenements shall be increased to graded rent or economic rent when the income of the tenant exceeds the prescribed limit laid down in the respective subsidised housing scheme. (2) Every tenant shall pay rent to the Rent Controller or to such other agency as may be appointed by the Board, in this behalf, on or before the 10th day of each month succeeding the month for which the same shall have become due and payable. Explanation. - In this clause, expression 'rent' includes all rates, taxes and cesses and other charges in respect of common services or amenities provided for the tenement, and the rent may ordinarily indicate the break up of each item, aforesaid, (3) Every tenant shall, - (a) use the tenement for the purpose for which it was allotted; (b) enter into a tenancy agreement in the form as determined by the Authority, from time to time; (c) retain from having more than one cooking arrangement in the tenement; (d) not sub-let the whole or any part of [such tenement without the previous permission of the Authority;] [These words were substituted for the words 'such tenement' by G. N. of 27.11.1984.] (e) refrain from doing any act which would cause or likely to cause any damage to the tenement or an act which is destructive or injurious to the building or the tenement. ### 29. [ Refund of amount of initial payment. [Regulation 29 was substituted by G. N. of 9.7.1992.] - If any applicant whose name is either of the approved or on the waiting list is not allotted any tenement his amount of deposit and initial payment, if any, may, within ninety days from the date on which all the tenements stand finally allotted, be refunded to the applicant without any interest.] Part VII – Caretaker Arrangement and Exchange of Tenements ------------------------------------------------------------ ### 30. Permission for caretaker arrangement. (1) An allottee may, in relation to a tenement which is an Authority premises, with the prior permission in writing of the Chief Officer, enter into a caretaker arrangement for such period as may be specified by him from time to time, - (a) if he is required to leave the city or town in which the tenement is located for higher studies or for employment or for any other reasonable cause, or (b) if he is required to stay compulsorily in the premises provided by the employer as a part of his service condition, or (c) if the caretaker arrangement is sought on any other ground, which, in the opinion of the Chief Officer, is reasonable : Provided that, if the period of caretaker arrangement exceeds five years whether continuously of otherwise, the approval of the Board shall be necessary. (2) The Chief Officer may, while granting the permission, require the allottee to pay such fee for entering into caretaker arrangement, regard being had to the nature of the circumstances, grounds on which caretaker arrangement is sought for, the duration for which permission is sought and such other factors as the Chief Officer may think fit. (3) The allottee who has been permitted to enter into such caretaker arrangement shall pay the fee so charged to the Board within the time determined by the Authorised Officer either monthly or annually, or otherwise. (4) If the allottee fails to pay the fee for a period of three months or more after the expiry of the time so determined the person occupying the tenement shall be deemed to be in unauthorised occupation of the tenement, and he shall be liable to be evicted therefrom under Chapter VI of the Act. ### 31. Exchange of tenements. (1) Where any tenements are allotted on the basis of monthly tenancy or on the basis of sale by deferred payment, the Authorised Officer may, on an application made to him, permit exchange of tenements under the provisions of this Regulation. (2) No application for unilateral transfer of tenement allotted on rental basis or on the basis of sale by deferred payment shall be entertained unless the tenements to be exchanged are in the same group of buildings. Such permission in the former case may be granted only on payment of a fee of a sum equal to two months 'rent', and in the latter case, on the payment of the fee equal to two months' instalment payable by the allottee in respect of his tenement. (3) The Authorised Officer may permit mutual exchange of tenements whether allotted on rental basis or sol'd on the basis of deferred payment if the tenements to be exchanged are in the same group of buildings. Such permission in the former case may be granted on payment of a fee of a sum equal to one month's rent by each tenant, and in the latter case, on payment of a fee by such allottees of a sum which shall be equal to the monthly instalment payable by him in respect of his respective tenement : Provided that, the Chief Officer may permit such mutual exchange of tenements on the same conditions as aforesaid if such tenements are in different group of buildings within the jurisdiction of the Board. (4) On such exchange of tenements under this regulation, each allottee shall step into the shoes of each other and their rights and liabilities in respect of their respective tenements shall be governed according to the tenor on which the tenement is held under these Regulations : Provided that, where tenement is allotted on rental basis, both the tenants shall not be in arrears of rent due and payable to the Authority on the date of the exchange. (5) The Authorised Officer may, for reasons to be recorded in writing, refuse any exchange of tenements applied for. (6) The allottee who is aggrieved by the decision of the Authorised Officer may appeal to the Board within 30 days, from the date of receipt of the decision of the Authorised Officer. The decision of the Board on the question of exchange of tenements in appeal shall be final and conclusive. ### 31A. [ Part not to apply to commercial tenements. [Regulation 31A was inserted by G. N. of 20.11.1982.] - The provisions of this part shall not apply to commercial tenements.] Part VIII – Provision Relating to the Estate Management of the Authority for the Purposes of Chapter VIII of the Act ---------------------------------------------------------------------------------------------------------------------- ### 32. Management of estate under Chapter VIII. (1) Subject to the superintendence of the Chief Officer, the Deputy Chief Officer (Repairs and Reconstruction), shall be in charge of the estate of the Authority vested in it for the purposes of Chapter VIII of the Act and its management, and he may exercise all or any of the powers for that purpose under this Part. (2) The Deputy Chief Officer, with the concurrence of Chief Officer may direct that any of the powers given to him by clause (1) may also be exercised by such officer not below the rank of the Estate Manager as may be specified in such direction (such officer hereinafter in this Part being referred to as the Competent Officer). ### 33. Allotment of temporary accommodation. (1) Where any of the occupiers of a building have been dishoused, and it is obligatory on the Board to provide them with alternate accommodation under any of the provisions of Chapter VIII, the Competent Officer, shall require every occupier in the building from which he has been dishoused to furnish him with information in Form VII. (2) On receiving information under clause (1), the Competent Officer shall allot temporary accommodation in a transit camp in accordance with the provisions of sections 90, 91, 94 or 95 of the Act. The allotment order of temporary accommodation shall be in Form VIII. (3) When the area occupied by an occupier in any old building exceeds 200 square feet and the members of his family so dishoused are more than eight the Competent Officer may allot an additional tenement to such occupier. (4) On allotment of a tenement, in a transit camp, every allottee shall, be subject to the provisions of Chapter VIII, and before occupying the tenement allotted to him shall execute an agreement in Form IX on an appropriate stamp paper at his cost. ### 34. Allotment of accommodation in repaired or reconstructed buildings. (1) Where any occupier has been dishoused under any of the events specified in Chapter VIII, the Competent Officer shall direct the occupier to reoccupy his accommodation in the building after it is reconstructed or after the building is rendered habitable, as the case may be. (2) Where in a reconstructed building, it is not possible to accommodate all the occupiers of the old building, a Committee consisting of an Estate Manager and not more than two Assistant Estate Managers may be formed by the Chief Officer and subject to the provisions of clause (3), the allotment to the occupiers of the old building may be made in the reconstructed building by the Committee by drawing lots. (3) As far as possible an occupier may be provided with an accommodation in the reconstructed building, of a floor area equivalent to the floor area, in the old building occupied by him, but in no case, exceeding 68 square meters for any occupier of a residential tenement. (4) If any occupier cannot be accommodated in the reconstructed building, the Competent Officer, shall provide him with an alternative accommodation in any transit camp or in any other reconstructed building on the basis of his seniority in the Master List maintained for the purpose depending upon the period of his stay in the transit camp. (5) The Competent Officer may allot a tenement from the surplus accommodation available in a reconstructed building to an employee of the Authority who may be looking after the maintenance of the reconstructed building. Explanation. - The Chief Officer shall maintain a list of persons accommodated in a transit camp for the purposes of Chapter VIII showing therein the name of the occupier, the name of the building from which he was dishoused, the name of the transit camp, the date of occupation of the transit camp and such other information as the Chief Officer may think fit so that the list Indicates the total period of stay of an occupier in a transit camp for determining his seniority for allotment in any transit camp or in any building reconstructed under Chapter VIII. The list so maintained shall be called the Master List. ### 35. Bar against allotting tenements constructed under Chapter VIII to persons other than those dishoused under that Chapter. - Except as otherwise provided in these Regulations, no tenement in a building constructed out of the monies to the credit of the Repairs Fund under Chapter VIII shall be allotted to any person other than persons who are dishoused in the circumstances provided in that Chapter. ### 35A. [ [Regulation 35A was substituted by G. N. of 14.10.1993.] (1) Notwithstanding anything contained in these regulations of Part VIII, the Chief Officer, Bombay Building Repairs and Reconstruction Board, Bombay, may regularise the transfer of a tenement in a reconstructed Building where the duties and functions of the Bombay Repairs and Reconstruction Boards enumerated in section 92 of the Maharashtra Housing and Area Development Act, 1976 have been fulfilled and where such transfer of rights in a reconstructed building is created by dishoused person himself without permission of the Bombay Building Repairs and Reconstruction Board after he was duly provided with old building. The Chief Officer, Bombay Building Repairs and Reconstruction Boards may regularise such transfer on such terms and conditions including the condition of charging penalty and any other dues therefrom as may be decided by the Authority from time to time. The mode of determining the penalty for such regularisation shall be decided by the Authority, from time to time. (3) The regularisation of such transfer as provided in Regulation 25A(1) above shall not be applicable to the encroachment committed by the rank outsiders i.e. without written consent of the original allottee of MHADA in respect of the tenements in a reconstructed building, including allotment of reconstructed tenements obtained by producing false documents and reconstructed tenements given as staff quarters. (4) The persons in whose name a tenement is proposed to be regularised should be otherwise eligible to get a tenement from MHADA in the City of Bombay. (5) The regularisation of Transfer of Tenement in such eligible cases would be subject to all such conditions to be mentioned in the letter of intent to be issued by MHADA [BBR and RB] to the concerned applicant/s. (6) [] [Clause (6) was deleted and clause (7) was re-numbered as clause (6) by G. N. of 14.10.1993.] Other procedural requirements to implement the regulations on this issue shall be framed by MHADA from time to time and made known to public through a notification.] Part IX – Miscellaneous ------------------------- ### 36. Repeal. - On the commencement of these Regulations, the following Regulations shall stand repealed except with respect to things done or omitted to be done under these Regulations, namely:- (1) The Maharashtra Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1970. (2) Regulations made by the Bombay Housing Board under clauses (a) and (b) of section 67 of the Bombay Housing Board Act, 1948. (3) Madhya Pradesh Housing Board Estate Management, maintained by the Board and Terms and Conditions for Use and Occupation Regulations, 1952. (4) Bombay Building Repairs and Reconstruction Board (Management of Buildings maintained by the Board and Terms and Conditions for Use and Occupation Regulations, 1970. (5) [ Madhya Pradesh Housing Board Regulations - Management and use of buildings and the principles of allotment - Remuneration and service conditions of officers and servants. [Sub-regulations (5) to (8) were inserted by G.N. of 16.1.1982.] (6) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the Middle Income Group) Regulations. (7) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the Low Income Group) Regulations. (8) Vidarbha Housing Board (allotment, management and sale of tenements) Regulations.] [Form I] [Form I was substituted by G. N. of 15.6.1989.] [See Regulation 9(1) ] Maharashtra Housing and Area Development Authority Application for residential accommodation under ........................ Income Group Housing Scheme at ................ In the reservation category of ............. I, the undersigned, apply for a tenement in the ................ Income Group Housing Scheme at My particulars are as follows:- | | | | | | --- | --- | --- | --- | | 1. | Personal name. | Father's/Husband's personal name. | Surname if any. | | 2. | Age in completed years. | | 3. | Present address : | | 4. | Occupation : | Agriculture.Business.Service. | | 5. | Details about present accommodation : | | | (i) Whether rental or on ownership basis. | | | (ii) In whose name the tenancy or ownership stands. | | 5A. | Whether the application and/or his/her spouse owns a house or a flat or a residential plot of land, or holds on a hire-purchase basis or outright sale basis or a rental basis from the Maharashtra Housing and Area Development Authority a house or aflat or a residential plot of land in his or her name, as the case may be, in the Municipal area in which the tenements notified for allotment are situated? if so, give details of such house or flat. | | 6. | Details about agriculture. | Survey No. | | | | | Area | Village | | | | Taluka | District | | | (a) as owner : | | | (b) as tenant : | | 7. | Details about business : | Nature of Business. | Name and address of the establishments. | | 8. | Details about service : | Name and address of the employer. | | 9. | Average monthly income of applicant[during previous 12 months.] [These words were substituted for the words 'during the previous 36 months' by G. N. of 25.4.1990.] | Rs. | | 10. | Average monthly income of the applicant's spouse. | | | 10A. | Total of 9 and 10. | Rs. | | 11. | Whether the applicant has intention to reside in the tenement itself. | | | 12. | Whether the applicant has intention to settle at the place where the tenement is purchased. | | | 13. | How long has the applicant been staying in Maharashtra. | | | 14. | Whether applicant or his/her spouse has applied in any other scheme? If so, give details. | | I hereby declare that the information given by me in this application is true and correct. I acknowledge that if the information is noticed to be false, it would result in cancellation of my application, cancellation of allotment of tenement, if any, made in my favour, and legal action for making a false declaration. I agree to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976 and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981, and shall execute all such agreements and instruments in relation to the tenement which may require me to do so. I enclose herewith the certified true copies of the following documents, and I agree to produce the original when I am required to do so before making the first payment:- (i) Income certificate issued by Collector/Tahsildar (for agriculturists), or The latest assessment order of the Income Tax authorities in respect of the business conducted by me (For Assessee). (iii) The salary certificates issued by the employer, or Affidavit in support of income - (a) for myself. (b) of my spouse. (ii) [document] [These words were substituted for the words 'Certificate by the authority' by G. N. of 25.4.1990.] , as prescribed in the Notice inviting applications for this housing scheme under Regulation 7(1) , in respect of stay in Maharashtra. (iii) My School Leaving or Birth Certificate or a Certificate issued by a Civil Surgeon as regards my age. (iv) Affidavit declaring that I or my spouse or my minor Child/children do not own or hold on a hire-purchase basis or on an out-right sale basis or on a rental basis from the Maharashtra Housing and Area Development Authority a house or a flat or a residential plot of land within the municipal limit of. (v) Certificate in support of my claim for including me in the Category indicated at the top of the application from the authorities prescribed in the Notice issued under Regulation 7(1) in respect of this housing scheme. (vi) Pay-in-slip issued by the Bank towards earnest money. Place ........... ........................... Date ............ Signature. Form II [See Regulation 17(1) ] No. Office of the ................................ Housing and Area Development Board ........................................... Dated ........................................... To Shri/Smt. Subject :- Officer of allotment of a tenement under .......... at......... Reference :- Your application No. .............. letter No. ................... Sir/Madam, You have been held eligible for allotment of a tenement under ............. at .................. The allotment will be subject to the terms and conditions as set out in the appendix to this letter. You are therefore, requested to - (a) communicate the acceptance of this offer in the form of the "Acceptance letter" enclosed; (b) execute an affidavit on a non-judicial stamp paper, in the form enclosed; and (c) Pay a sum of Rs.............. (Rupees only) in cash or by a Demand Draft in favour of; (d) Furnish your passport size photograph in duplicate and one copy each of the family members whose names are included in the Schedule to the application. The acceptance letter, the affidavit and requisite copy of the receipt in respect of the above payment should be tendered in this office, on or before ........., failing which this offer will stand cancelled and the earnest money paid by you may be forfeited and appropriated in whole or in part towards administrative expenses. ### 2. The payment demanded hereby is according to the following:- | | | --- | | (1) Cost of the tenement together with the proportionate amount of premium on the land. This cost may vary or finalisation of accounts. | | (2) Legal and other incidental expenses. | Rs. | | (3) Total | Rs. | | (4) Amount demanded by this letter. | Rs. | | (5) Balance payable on or before | | | ..................... | Rs. | | ..................... | Rs. | | ..................... | Rs. | ### 3. A detailed allotment letter confirming the above allotment will be issued to you immediately after the tenements are ready for occupation. In the meantime it is suggested that you may form a small Committee of allottees with a view to making suggestions about the quality of the construction work being carried out, including any suggestions for improvements. If you do form such a Committee, the Executive Engineer may be informed accordingly, whereupon he will allow the members of your Committee to visit the site and inspect the construction and materials used therein. The names and addresses of the other allottees in your building can be had from ................ Appendix ### 1. The tenement shall be taken possession of and occupied by the allottee within 15 days from the date of allotment. ### 2. (1) The allottee shall satisfy himself about the construction, material used in construction, design, workmanship, fittings, fixtures and the like before taking over possession of the tenement. (2) If any defect in any of the matters referred to in clause (1) is brought to the notice of the Chief Officer within a period of three months from the date of taking over possession, it shall wherever possible be rectified by the Board without further charge to the allottee; and in other cases, such allottee shall be entitled to receive reasonable compensation for such defects. (3) Where there is a dispute as regards any defect in the building relating to and of the matters envisaged by clause (1) or as to whether it is reasonably possible for the Board to rectify the defect or as regards the reasonableness of the compensation payable in respect of such defect which cannot be or is not rectified by the Board, the matter shall be referred for decision, with the approval of the Government, to an officer not lower in rank than a Superintending Engineer in the Buildings and Communications Department of the Government as the Board may by order specify within a period of six months from the date of handing over possession. The officer so specified after enquiry record his decision which shall be final. ### 3. The allottee shall use and occupy the tenement for the purpose of residence only. ### 4. (1) On allotment of the tenement, all the allottees in a building or a group of buildings shall form a housing society or a company and produce a certificate from the Registrar of the Co-operative Societies of the registration of the housing society, or as the cas.e may be, from the Registrar of Companies regarding registration of the company. (2) If the allottees agree that after paying the full purchase price of the building and all outstanding dues payable to the Authority, they would like to be governed by the provisions of the Apartment Act, the Authority shall, after all the allottees have paid (he full purchase price and all outstanding dues, submit the building to the provisions of the Apartment Act, by duly executing and registering a Declaration as provided in that Act, and thereupon the allottees shall governed by the provisions of that Act. (3) It shall entirely rest with all the allottees to decide whether they shall form a housing society or company or be governed by the Apartment Act. The decision once made shall be final. ### 5. On receipt of intimation regarding registration of the housing society or company by the allottees, or intimation that the allottees have elected to be governed by the Maharashtra Apartment Ownership Act, 1970, the Board shall take all necessary steps to lease the land underneath the building and appurtenant thereto to the housing society, company or the Association of apartment owners for a period of 90 years and to convey to the said society, company, or as the case may be, the Association aforesaid its rights, title and interest in the building containing the tenements and execute the necessary documents in that behalf and deliver all documents of title relating to the building aforesaid to the said housing society, company, or as the case may be, the Association of apartment owners. All charges incurred by the Board for such conveyance including professional charges shall be borne by the housing society, company or the Association as the case may be. ### 6. The society, company or the Association shall pay the lease rent at 2½ per cent, of the amount of the premium of land per annum. Till such time, the society or company of the allottees is formed and registered or the Association is formed and indenture of lease is executed, the allottee will have to pay the ground rent to the Estate Manager (............), \* ......... Housing and Area Development Board, regularly not later than 5th of every month commencing on the date of allotment of the tenement. The ground rent is provisionally fixed at Rs. .......... \* Here insert name of the Board. ### 7. The housing society, company or the allottees till the Association is formed will be responsible for the payment of all the taxes, cesses, imposts and other dues to the local authority and Government, as the case may be. In order to enable the housing society, company or the Association of allottees to fulfil its or their duties as a lessee of the Authority, the allottee shall pay to the housing society or company or the Authority at the proper time and place his share of the municipal taxes, water and electricity charges, ground rent, share of common services i.e. common lights, sweeper, watchman and the like and his share of the other public charges due, in respect of the land and the building and other dues payable, if any. ### 8. The maintenance and management of tenements in the building and the land underneath and appurtenant thereto will rest with the society, company or Association, as the case may be, and the Board will not have any concern whatsoever or be responsible in any manner in this respect. ### 9. The society, company or Association when formed and registered shall have to get the building insured at its own cost, and the allottee shall have to pay to the society, company or Association his proportionate share of the same. ### 10. The allottee shall be governed by the provisions of the Maharashtra Housing and Area Development Act, 1976 as amended from time to time and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981, till the building is duly conveyed to the society, company or association, as the case may be. ### 10A. [ If the allottee fails to pay any instalment or any other dues of the Authority on the due date, the Authority, without prejudice to any other remedy available to it shall be at liberty to recover the same together with interest thereon at the rate of.............per cent, per annum as arrears of land revenue under the provisions of section 67 and 180 of the Maharashtra Housing and Area Development Act, 1976.] [Regulation 10A was inserted by G. N. of 27.11.1984.] ### 11. The sale price of the tenement communicated in the offer of allotment has been fixed tentatively and if after receipt of final bills for the construction of the tenements or payment of interest in the amount of loan taken for the construction of these tenements or for expenditure incurred on supervision and maintenance the Board considers it necessary to revise the price tentatively fixed it will do so and determine the final price payable on allotment and the allottee shall be bound by such determination and shall have to pay on demand the difference, if any, between the final price determined and the price paid by the allottee. ### 12. If an allottee, surrenders the tenement before the conveyance is passed on to the society, company or the Association his entire period of stay will be treated as on rental basis, and he will have to pay the economic rent for the said period which will be deducted from the amount of the price paid by him. For such surrender, the allottee shall give three clear calendar months' notice to the Board, failing which a further sum equivalent to three months' economic rent will be deducted from the price paid by him before it is refunded. Affidavit (To be executed before a Magistrate on a Non-judicial Stamp Paper of Rs. 6) I .................. son/daughter/wife of ............... age .................. occupation ........... do hereby solemnly affirm on oath and state as follows:- ### 1. I have been offered allotment of a tenement by the...............Housing and Area Development Board, under the.............Scheme at...............under the Board's letter No............. dated----------- ### 2. I reaffirm the statements made by me in my application for allotment of a tenement in the said scheme. ### 3. I have accepted the terms and conditions of the offer and further undertake to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976, as amended from time to time, and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981. ### 4. I declare that the .............. Board shall be at full liberty to cancel the allotment and resume the tenement allotted to me, and to take action for prosecution, if any, if the contents of my application are found to be incorrect, or default is committed by me in respect of the terms and conditions of allotment. Place : Date : (Deponent) Solemnly affirmed before me by the deponent who is identified by ................... whom I know. (Magistrate) . Form III [See Regulation 17(2) ] Acceptance Letter | | | --- | | By Registered Post A.D.By hand delivery | To The Chief Officer, .................. Board, Sir, With reference to your letter No..................... dated............ I have to inform you that I accept the offer of allotment of a tenement on the terms and conditions set out in the Appendix to that letter. I further declare that this acceptance is unqualified and without any reservations, conditions or complaint. Place : Yours faithfully. Date: (Applicant) . Form IV [See Regulation 20(i) (a)] Allotment Letter No. ..................................... Office of ................ Board. To Shri/Smt., Sir/Madam, Whereas you have accepted the offer of a tenement made to you in our letter No. ........... dated ............ and whereas you have made the necessary payment and have executed the requisite affidavit, you are now informed that you have been allotted tenement No. ................... in Building No............ at ### 2. The tenement has been completed and is ready for occupation. You are requested to present yourself at site on any working day, within 15 days, before ............. who is authorised to hand over the possession of the tenement to you. ### 3. In token of having received possession you are requested to give receipt to the aforesaid officer in the accompanying form. Yours faithfully, (Estate Manager). Receipt From Shri/Smt. Allottee of tenement No. ...................................in Building No. ..................... at ..................................................... To, The Chief Officer, .............. Housing and Area Development Board, Sir, I have duly taken over possession on .............. through ............. of the Board, of tenement No. ................in Building No. ............. allotted to me. Yours faithfully, Place : Date : (Estate Manager). | | | --- | | Under Postal CertificateProvisional. | Form V [See Regulation 20(1) (b)] No. ................................ Office ............................ Subject:- Allotment of residential accommodation under Reference:- Your application No. ............... Lot No. ...................... Sir/Madam, I am directed to inform you that you have been allotted tenement No. ........ of Building No.......................... at.....................under ............... with effect from..........on monthly rent of Rs. ................. exclusive of service charges of Rs........... provisionally fixed and likely to be revised with retrospective effect. ### 2. I have, therefore, to request you to call all at this office before. on my working day except Friday between 11.00 a.m. to 2.00 p.m. with the amount of Rs.............. as detailed below in cash or demand draft and to obtain an Authority for possession of the above mentioned tenement, on executing the requisite tenancy agreement, and on the conditions specified in this allotment letter. (a) Rs........ towards initial payment. (b) Rs. ..... towards permanent deposit. (c) Rs........ towards advance rent for the month of (d) Rs.........towards stamp duty. \_\_\_\_\_\_\_\_\_\_ Rs. \_\_\_\_\_\_\_ ### 3. The tenement in question shall be used and occupied exclusively for the purpose of residence by you and the bona fide members of your family and that you shall pay the rent in the first week of each month regularly in future. [If you fail to pay in time the rent or any other dues of the Authority you shall be liable to pay interest thereon at the rate of per cent, per annum.] [Inserted by G. N. of 27.11.1984.] ### 4. You shall produce a fresh certificate from your employer showing therein your total monthly emoluments within six months from the date of receipt of this letter and thereafter every year in the month of December. ### 5. You shall also produce one or more copy of your family's recent passport size photo duly attested by your employer. In case you are not employed, the photo is to be got attested by - (i) A Revenue Officer not below the rank of an Aval Karkoon, (ii) Special Executive Magistrate, (iii) A Gazetted Officer, (iv) A Municipal Councillor, or (v) An M.L.A. or M.L.C. or an M.P. ### 6. You shall also produce the original receipt for the initial payment made at the time of submitting the application. ### 7. If you do not pay the amount mentioned in para 2 above and execute the requisite tenancy agreement in Form VI appended to this letter within the stipulated time, the tenement "may be re-allotted to the next eligible person without any intimation to you, which please note. Yours faithfully, Estate Manager. Copy submitted to the Deputy Chief Officer (Estate Management), Bombay, for favour of information - Copy to Rent Collector, Copy to Record Keeper, Copy to Unit Clerk, Copy to Electricity Clerk. Form VI [See Regulation 20(2) ] This Agreement made this ................. day of...........................in year 19 (One thousand nine hundred and ................) between the Maharashtra Housing and Area Development Authority (hereinafter referred to as 'Authority'), a Corporation duly constituted under the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") of the one part and Shri/Smt./Kum..................... (hereinafter called "the tenant") of other part; Whereas, the \* ...................... Housing and Area Development Board duly established under section 18 of the said Act (hereinafter referred to as "the Board") has allotted tenement No.................in Building No. ...........belonging to the Authority and situated at..............................(hereinafter referred to as the said premises) in pursuance of the allotment order made in favour of the tenant; \* Here inserted name of Board. Now this Agreement witnessth and it is agreed and declared by and between the parties as follows : The tenant hereby accepts the allotment order authorising him to occupy the said premises and sends herewith a sum of Rs. ....................................as security deposit for the due and punctual payment of the monthly rent as defined in condition 1 and proper observance of the terms under which the tenant may be authorised to occupy the said premises. In consideration of the Board issuing an allotment order authorising the tenant to occupy the said premises for a term equivalent to the unexpired residue of the calendar month during which the same be issued and from month to month thereafter, the tenant hereby agrees to pay to the Board on behalf of the Authority as and byway of subsidised monthly rent a sum of Rs................ which includes other service charges, as defined in condition 1 below and to observe and abide by the following terms under which the tenant is authorised to occupy the said premises :- ### 1. The tenant agrees that he shall pay to the Rent Collector or as may be otherwise required by the Board on or before 10th of the month succeeding the month for which the same shall have become due and payable, the said rent inclusive of all the rates, taxes, cesses and other charges in respect of the specific services provided at the said premises such as the special sanitary cess, water rates (general or special), electrical charges and charges for the common service/such as street and common lighting, chowkidars, sweepers, electric or sanitary repairs and the like. All such rates, taxes, cesses and charges shall be deemed to form part of the monthly rent payable by the tenant in respect of the said premises. The question whether or not any rate, tax, cess or other charges is a rate, tax, cess or other charges shall be decided by the Board, and such decision shall be final and binding. ### 2. The tenant agrees that he shall pay such increases in the said monthly rent and other charges as the Board may consider it fit or expedient to impose on other service charges or on account of any additions and/or alterations to or any conveniences provided at the said premises. ### 3. The tenant agrees that he shall not, during the currency of the tenancy, make any additions or alterations to the said premises without the previous written permission of the Board. All the alterations and additions (including the fixtures) will become the property of the Authority upon the termination of the tenancy and, the tenant will not be entitled to remove the same, or to claim any compensation in respect thereof, provided always that the Board shall have the full right to call upon the tenant at his expense to remove any such alteration or addition and to restore the said premises to the same condition in which they were, at the date of the commencement of the tenancy. ### 4. The tenant agrees that he shall not assign, underlet or otherwise transfer the possession of the said premises or any part thereof without the previous written permission of the Board. ### 5. The tenant agrees that he shall not keep or store upon the said premises any articles of a combustible or dangerous nature. ### 6. The tenant agrees that he shall allow the Board or its officers and agents or servants or any other person duly authorised by the Board to enter upon and inspect the said premises, and also to carry out such additional and alteration of work or works on the said premises as may be necessary in the interest of the premises or in the general interest of any of the tenants of the colony or in the interest of the general management, if the Board or its officers, servants or agents or the persons so authorised consider it necessary to do so. ### 7. The tenant agrees that he shall, if the tenancy is terminated, peaceably and quietly hand over possession of the said premises to the Board in the same condition in which they were at the commencement of tenancy, reasonable wear and tear excepted. The question as to what is reasonable wear and tear would be decided by the Board, and the decision of the Board shall be final and binding. The tenant also agrees to make good the loss, or damages that may be caused to the said premises according to the Board in cash or from his deposit, if available. ### 8. The tenant shall pay the stamp and registration charges payable in respect of this instrument. ### 9. The tenant shall use and occupy the said premises for the purpose of residence only by himself and by the bona fide members of his family. As and whenever required by the Board, the tenant shall furnish full information about the relationship, age and monthly income and any other information in respect of all the persons residing with him in the said premises. ### 10. The tenant, agrees that no person duly occupying the said premises shall have any claim against the Authority for any injury or loss that may be caused by fire, accident, theft or from any other causes whatsoever. ### 11. The tenant shall not use the said premises for any illegal or immoral purpose, and shall not; use it in such a manner as to cause any inconvenience, nuisance, or annoyance to the adjoining tenants or neighbours. The decision of the Board as to whether or not any act of the tenant causes such inconvenience, nuisance or annoyance shall be final and binding on him. ### 12. If the tenant commits a breach of any of the provisions herein contained, the tenant agrees that he shall for such period during which such breach is continued as may be decided by Board, liable to pay economic rent in respect of the said premises. ### 13. The deposit of Rs............... made by the tenant, if not forfeited for breach of any of the conditions of agreement, shall be refunded to him after the termination of the tenancy if the tenant shall have duly paid all the rents and fulfilled all the terms herein contained and after deduction of any sums which may be due and payable by him to the Authority. If the dues of the Authority exceeds the amount of the deposit, the tenant undertakes to pay the excess immediately. In the event of any deduction of any sum from the said deposit during the continuance of the tenancy, the tenant will forthwith on demand pay the amount so deducted, and shall, throughout the tenancy maintain the amount of deposit of Rs................The deposit will be in cash and shall bear no interest. ### 13A. [ The tenant agrees that if he fails to pay the rent or any other dues of the Authority on the due date, the Authority without prejudice to pay other remedy available to it, shall be at liberty to recover the same together with interest thereon at the rate of.........per cent, per annum as arrears of land revenue under the provisions of sections 67 and 180 of the Maharashtra Housing and Area Development Act, 1976.] [Regulation 13A was inserted by G. N. of 27.11.1984.] ### 14. Any matter to be decided by the Board may be decided by and any notice, permission or consent to be given by the Board may be given by the Chief Officer of the Board for the time being or any other officer duly authorised by the Board; and any communication signed by the said Chief Officer or other officer duly authorised and addressed to the tenant and sent by registered post or left at the said premises or tendered personally or affixed to pay conspicuous part of the said premises shall be considered to be sufficient service. ### 15. The tenancy shall be subject to the provisions of the Maharashtra Housing and Area Development Act, 1976 and the rules, regulations and by-laws thereunder for the time being in force. ### 16. The tenant shall abide by all the above conditions and any changes in, or addition to them of which due notice is given to him. ### 17. The tenant agrees that the undertakings in the application form and other undertakings signed by him this day and attached to the tenancy Agreement form part of this tenancy agreement. Dated this ............ day of........ 19 . [Signed, sealed and delivered for and on behalf of the Authority by] [Here enter name of officer executing the agreement.] In the presence of - (1) (2) Common seal of the Authority signed and delivered by- [------------------] [Here enter name of tenant.] In the presence of - (1) (2) [Form VI-A] [Inserted by G. N. of 20.11.1982.] (See Regulation 21-C) Form of Tender of Allotment of Commercial Tenement Instructions. - (1) Strike out whichever is not applicable. (2) All additions and alterations in this form should be initialled by the tenderer. (3) Where necessary, information may be furnished on separate sheets which should be signed. | | | | | | --- | --- | --- | --- | | 1. Tenderer's full name | …. | …. | …. | | (use block letters) | (Surname) | (First) | (Middle) | | 2. Tenderer's present address…..................................... | Tenderer's permanent address….................................... | | 3. The list of members of a co-operative society or names of the directors of the Company, if the tenderer is a co-operative society or a company. | | | | | | | --- | --- | --- | --- | | Sr. No. | Name of the member/director | Present address | Occupation | | 1 | 2 | 3 | 4 | | 1. | .............. | .............. | .............. | | 2. | .............. | .............. | .............. | | 4. | Number of tenement or group of tenements for which tender is offered. | T.N./GTN | .............. | | 5. | Category of establishment for which the tenement/ group of tenements is proposed to be used (office/ shop/ dispensary/ clinic/ hotel/ business etc.) | .......................................... | .......................................... | | 6. | Statement of offer. I/We, Shri/Smt. | | Surname | First name | Middle name | | | Son/Daughter/Wife of | (a) | ............................ | ............................ | ............................ | | Son/Daughter/Wife of | (b) | ............................ | ............................ | ............................ | | Son /Daughter /Wife of | (c) | ............................ | ............................ | ............................ | (Authorised representative/partner/trustee/managing director/constituted attorney of......... desire and hereby make an offer for allotment of a commercial tenement/group of commercial tenements No. (s) ........ in the Commercial Centre at ......................... admeasuring about ................sq. metres carpet area and further offer to pay an amount of Rs. (in words and figures) only byway of sale price for the said commercial tenement/group of commercial tenements. ### 7. I am/we are/my principal are willing to pay half of the sale price amount within 15 days of the acceptance of my/our offer and the balance within such period thereafter as may be intimated to me/us by the Chief Officer or any other officer authorised by him in that behalf. ### 8. I/we send herewith a demand draft/cash receipt bearing No ...... dated ...... for a sum of Rs....... (Rupees ................ in words ................) being the deposit/earnest money on which no interest is payable to me/us. ### 9. If my/our offer is not accepted by the Chief Officer.............. Board, the deposit/earnest money of Rs ......... (Rupees .............) paid by.......... (in words) me/us under paragraph 8 hereof shall be returned to me/us without interest. ### 10. I am/we are liable to keep this offer valid and not revoke it before the expiry of 6 months from the date of this offer and in the event of my/ our failure to observe and perform the liability, the deposit/earnest money paid by me/us under this offer, shall absolutely be forfeited to the Maharashtra Housing and Area Development Authority. ### 11. If my/our offer is accepted and if I/we fail to pay half of the sale price amount for the said tenement /group of tenements within 15 days of the acceptance of my/our offer and/or the balance within such period as may be intimated to me/us by the Chief Officer or any other officer authorised by him in that behalf the agreement concluded between us shall stand rescinded by the Authority and the amount of earnest money paid by me/ us under this offer shall stand absolutely forfeited to the Authority. ### 12. Any notice or letter of communication addressed to me/us at the address given below will be deemed a valid and proper notice of intimation to me/us. ### 13. I/we agree to abide by the decision of the Chief Officer of the .............. Board regarding allotment. ### 14. I/we declare that the information stated herein above it complete and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient justification for the Chief Officer to revoke at any time acceptance of my/our offer for allotment of the concerned tenement/group of tenements. ### 15. I/we hereby declare that I/we have read and understood the rules governing the allotment of commercial tenements. I/we agree to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976 and the Maharashtra Housing and Area Development (Estate, Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 and shall execute all such agreements and instruments in relation to the tenement/group of tenements which the Authority may require me/us to do. ........................................Tenderer's full Name(s) Form VII [See Regulation 33(1) ] Bombay Housing and Area Development Board, Bombay ### 1. Name of the occupier in full (Block letters) ### 2. Status (Owner/Tenant) ### 3. Details of premises vacated/to be vacated - | | | | --- | --- | | Tenement No. | Premises No. | | Ward | Street | | Area Occupied | Rent | | Last rent receipt No. | | ### 4. How long has he/she been staying? ### 5. Names of the other persons staying, with their relationship with the occupier - | | | | | --- | --- | --- | | | Name | Relationship | | (1) | ...... | ...... | | (2) | ...... | ...... | | (3) | ...... | ...... | | (4) | ...... | ...... | | (5) | ...... | ...... | | (6) | ...... | ...... | ### 6. Total monthly income of the occupier ### 7. If occupier is not the head of family, total monthly income of the head of the family. I have read the Maharashtra Housing and Area Development Act, 1976 and the Rules and Regulations thereunder and agree to abide by them. Signature of Occupier. Form VIII [See Regulation 33(2) ] No. Bombay Housing and Area Development Board, Bombay Temporary Accommodation Allotment Order under the Maharashtra Housing and Area Development Act, 1976 Whereas Shri ....................in occupation of being a building on which the cess is levied has become dishoused on account of (a) being required to vacate the building proposed for structural repairs or reconstruction by the Board under the provisions of section 77(b) of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), (hereinafter referred to as "the said Act"); or (b) the Board being of the opinion that he should temporarily vacate his premises till the structural repairs undertaken on his building are completed; or (c) the building or part of it suddenly collapsing or becoming uninhabitable on account of fire, torrential rain or tempest; or (d) any other circumstances other than those stated above; Now, therefore, the said Shri ................. by this order is allotted temporary accommodation in.....................being a building maintained by the Board for the purpose subject to the following conditions, namely :- (1) If the said Shri ............. fails to accept the accommodation allotted to him within 30 days from the date of receipt of this allotment order, the responsibility of the Board to provide him with any temporary accommodation shall cease. (2) The said Shri undertakes to vacate the temporary accommodation and reoccupy the repaired premises/alternative accommodation in the reconstructed building when called upon to do so under the said Act. (3) The said Shri ............... shall not be required to pay any compensation for the temporary accommodation provided by the Board; but he shall continue to pay to the owner the permitted rent of the premises vacated by him as well as his proportionate contribution of the cess, unless his building is subsequently acquired prior to demolition and reconstruction under the said Act, or the Board decides that the building cannot be acquired in which case he shall forthwith pay every month a sum equal to 18 per cent, of the total monthly income of the head of the family subject to a minimum of Rs. 25 and maximum of Rs. 75 per month, or (4) He shall pay every month a sum of Rs............as service charges. (5) The temporary accommodation is provided to the said Shri.......... subject to the provisions of Chapter VIII of the said Act and the terms and conditions of occupation of Authority premises under the provisions of the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981. Dated Competent Officer. Deposit Receipt No. ................ of Rs. 75 handed over to the party, dated ...... Priority list No. ................ Form IX [See Regulation 33(4) ] This Agreement made this...................day of..........in the year 19............. (One Thousand Nine Hundred and eighty) between the Maharashtra Housing and Area Development Authority (hereinafter referred to as "the Authority"), a Corporation duly constituted under the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act)", of the one part and Shri/Smt./Kumari...................having his/her residence at.....................of the other part (hereinafter called "the occupier"); Whereas, the Bombay Housing and Area Development Board established under the said Act (hereinafter referred to as "the Board"), has allotted a tenement bearing No................ in the Authority premises Competent Officer, of Rs. 75 handed over to at ................ in pursuance of the allotment made in favour of the occupier as temporary accommodation pending repairs/reconstruction under the said Act or as alternative accommodation allotted by the Board (hereinafter referred to as the said premises"); Now, this Agreement witnesseth and it is hereby agreed and declared by and between the parties as follows ### 1. The occupier agrees that he shall pay to the Board a sum of Rs. ............ as Security Deposit for the due and proper observance of the terms under which he is authorised to occupy the said premises. ### 2. It is agreed that the said premises are made available by the Board without the occupier being required to pay any compensation for use and occupation thereof. ### 3. The occupier agrees that he shall continue to pay to the owner the rent (including permitted increase, if any,) in respect of the premises vacated by him together with his proportionate contribution for the cess as if he had not temporarily vacated the premises and if he fails so to pay, shall be liable for all the consequences provided under Chapter VIII. ### 4. Unless his building is subsequently acquired prior to demolition and reconstruction under the said Act, or the Board decides for any reason that the building cannot be acquired or the State Government does not approve the proposal for acquisition in which case the occupier agrees that he shall forthwith pay a sum of Rs.............as compensation and a sum of Rs ..............as service charges from the date the Board decides to acquire the property or the State Government decides not to approve the proposal. ### 5. If the occupier has an income of less than Rs. 350 per month, then he may elect either to pay subsidised rent or a sum equal to 18 per cent, of the total emoluments of the head of the family, subject to a minimum of Rs. 25 per month and maximum of Rs. 75 per month, or ### 6. Where a building collapses or is rendered unhabitable or is vacated under the said Act and temporary accommodation is allotted on the above terms, but subsequently, the building is acquired, then pending the demolition and reconstruction of the building under the said Act, with effect from the date of the compulsory acquisition order, if such acquisition is not proceeded with and the case is dropped, then with effect from the date on which the proceeding is dropped, the occupier agrees that he shall be liable to pay rent to the Board for such accommodation as provided below (a) In consideration of Board issuing an allotment order authorising the occupier to occupy the said premises for a term equivalent to the unexpired residue of the calendar month during which the same may be issued and from month to month thereafter, the occupier shall pay to the Board as and by way of monthly rent a sum of Rs. ...........................which includes other service charges as provided in clause (b) and to observe and abide by the following terms under which the occupier is authorised to occupy the said premises. (b) To pay to the Rent Collector of as may be otherwise required by the Board on or before the 10th day of the month, succeeding the month for which the same shall have become due and payable, the said rent comprising of the said monthly sum of Rs................. and all the rates, taxes, cesses and other charges in respect of the specific service provided at the premises, such as, the special sanitary cess, water rates (general or special), electric charges and the charges for the specific services, such as, street and common lighting, sweepers, chowkidar, plumber and the like. All such rates, taxes, cesses and charges shall be deemed to form part of the monthly rent payable by the occupier in respect of the said premises. (c) The question whether or not any rate, tax, cess or other charge is a service charge shall be decided by the Board, and such decision shall be final and binding on the occupier. ### 7. To pay such increase in the said monthly rent and other charges as the Board may consider it fit or expedient to impose on account of any increase in such rates/taxes, cesses or other service charges or on account of any addition or alteration or both to or any convenience provided at the said premises or the building in which the same are situate. ### 8. The occupier shall not make any additions or alterations to the said premises without the previous written permission of the Board. All the alterations and additions (including the fixtures), termination of the tenancy, the occupier shall not be entitled to remove the same or to claim any compensation in respect thereof provided always that the Board shall have the full right to call upon the occupier at his expenses to remove any such alteration or addition and to restore the said premises to the same condition in which they were at the date of the commencement of the tenancy. ### 9. The occupier shall not assign, underlet or otherwise transfer the possession of the said premises or any part thereof, without the previous written permission of the Board. ### 10. The occupier shall not keep or store in the said premises any article of a combustible or dangerous nature. ### 11. The occupier shall allow the Board or its officers, agents or servants or any other person duly authorised by the Board to enter upon and inspect the said premises, and also to carry out such additions and alterations of work on the premises as may be necessary in the interest of the premises, in the general interest of any of the occupiers of the colony or in the interest of general management if the Board or its officers, servants or agents or the persons, so authorised considered it necessary to do so. ### 12. (1) At the end or sooner determination of the tenancy, the occupier shall peaceably and quietly yield up possession of the said premises to the Board in the same condition in which they were at the commencement of the tenancy, reasonable wear and tear excepted. (2) The question as to what is the reasonable wear and tear would be decided by the Board, and the decision of the Board on the question shall be final and binding on the occupier. (3) The occupier agrees to make good the loss or damage that might have been caused to the tenement, according to the Board, in cash or from the deposit, if available. ### 13. The occupier agrees to pay the stamp charges payable in respect of his instrument. ### 14. (1) The occupier agrees that he shall use and occupy the said premises for the purpose of residence for himself and for the bona fide members of his family. (2) As and whenever required by the Board, the occupier agrees that he shall furnish full information about the relationship, age and monthly income and other information in respect of all the persons residing with him in the said premises. ### 15. The occupier agrees that no person occupying the said premises and claiming through him shall have any claim against the Board, due to any injury or loss that may be caused by fire, accident, theft or from any other cause whatsoever. ### 16. (1) The occupier agrees that he shall not use the said premises for any illegal or immoral purpose and shall not use it in such a manner as to cause any inconvenience, nuisance or annoyance to the adjoining occupiers of property or neighbours. (2) The occupier agrees that if there is any dispute as respects the use of the said premises for any of the said purposes, the question shall be referred to the Board and the decision on the question shall be final and binding on him. ### 17. (1) The deposit of Rs .......... paid by the occupier, if it is not forfeited for breach of any of the conditions of this Agreement shall be refunded to him after the termination of this tenancy, if the occupier has duly paid all the rents and fulfilled all the terms and conditions herein contained, and after deducting any sums which may be due and payable by him to the Board. (2) If the dues of the Board exceed the amount of deposit, the occupier agrees that he shall undertake to pay the excess immediately. (3) In the event of any deduction of any sum from the said deposit during the continuance of this tenancy the occupier agrees that he shall forthwith on demand pay the amount so deducted, and shall throughout the tenancy maintain the amount of deposit of Rs.................. (4) The occupier agrees to pay the deposit in cash and that it shall bear no interest. ### 18. The occupier agrees that any matter to be decided by or any notice, permission or consent to be given by the Board may be given by the Estate Manager for the time being or any other officer duly authorised by ,the Board, and any communication signed by the said officer or other officer duly authorised and addressed to the occupier and sent by the registered post or delivered at the said premises or tendered personally or affixed to any conspicuous part of the said premises, shall be considered to be sufficient service. ### 19. (1) If the tenant gives one month's notice to the Board of his intention to leave the said premises the tenancy shall terminate. (2) If the occupier leaves the said premises without giving such notice in writing, he agrees that he shall be liable to pay one month's rent in lieu of such notice and all other charges due from him as provided herein for the notice period. ### 20. The occupier shall hold the said premises subject to the provisions of the said Act, and the rules, regulations and by-laws thereunder for the time being in force. ### 21. The occupier agrees that he shall abide all the above conditions and any change in or addition to them of which due notice is given to him. Signed, sealed and delivered for and on behalf of the Authority by Secretary, Maharashtra Housing and Area Development Authority in the presence of - (1) ...................... (2) ........................ Signed and delivered by the occupier in the presence of - (1) ..................... (2) .....................
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acts
State of Tamilnadu- Act ------------------------- Tamil Nadu Fire Service Rules, 1990 ------------------------------------- TAMILNADU India Tamil Nadu Fire Service Rules, 1990 ===================================== Rule TAMIL-NADU-FIRE-SERVICE-RULES-1990 of 1990 ------------------------------------------------- * Published on 16 May 1990 * Commenced on 16 May 1990 Tamil Nadu Fire Service Rules, 1990 Published vide Notification No. G. O. Ms. No. 1015, Home, dated 16.5.1990 - No. S.R.O. A-121/90 Last Updated 22nd May, 2019 No. S.R.O. A-121/90. - In exercise of the powers conferred by sub-section (1) of section 27 of the Tamil Nadu Fire Service Act, 1985 (Tamil Nadu Act 40 of 1985 ), the Governor of Tamil Nadu hereby makes the following rules: - Chapter I ----------- ### 1. Short title and extent. (1) These rules may be called the Tamil Nadu Fire Service Rules, 1990. (2) These rules shall extend to the whole of the State of Tamil Nadu. ### 2. Definitions. - In these rules, unless there is anything repugnant to the subject or context, - (a) "Act" means the Tamil Nadu Fire Service Act, 1985 (Tamil Nadu Act 40 of 1985 ); (b) "Appendix" means an appendix appended to these rules; (c) "Form" means a Form annexed to these rules; (d) "standard" means the standard prescribed or recommended by the Indian Standards Institutions, Government of India, New Delhi; (e) "duty" means the duties prescribed for the members of the service in these rules; (f) "licence" means a licence issued under section 287 of the [Chennai] [Substituted for the word 'Madras' by City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or section 249 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), as the case may be, and includes a licence issued under the Factories Act, 1948 (Central Act LXIII of 1948) or the rules made thereunder or the Arms Act, 1959 (Central Act 54 of 1959) or the rules made thereunder or the Cinematograph Act, 1952 (Central Act XXXVII of 1952) or the rules made thereunder or the Indian Explosives Act, 1884 (Central Act IV of 1884) or the rules made thereunder or the Explosive Substances Act, 1908 (Central Act VI of 1908) or the rules made thereunder or the Petroleum Act, 1934 (Central Act XXX of 1934) or the rules made thereunder or the Gas Cylinder Rules, 1981 or the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) or the Special Rules for Multi-storeyed Buildings, 1975; (g) "precautions" means fire precautions as may be specified against fire risk notified by the Government, from time to time, under section 13 of the Act; (h) "Fire Officer" means a Member of the Tamil Nadu Fire Service of and above the rank of Assistant Station Fire Officer and Officer in charge of the Station and also shall include the Leading Fireman in cases where the Assistant Station Fire Officer and Station Fire Officer are absent; (i) "order" means the Government order or orders specified in the Tamil Nadu Fire Service Manual, 1974 and the General or Standing .[Orders issued by the Director of Fire Service;] [Now, re-designated as the Director of Fire and Rescue Services] (j) "accident" means fire accident; (k) "special services" means rescue calls arising out of other accidents and such other services as are specified under the Tamil Nadu Fire Service Manual, 1974; (l) "jurisdiction" means the territorial jurisdiction of the Fire Station, Divisional Fire Officer or Deputy Director of Fire Services as may be notified by the Government. Chapter II Personnel of the Department ------------------------------------------- ### 3. Appointment of Members of Fire Service. - The Members of Fire Service shall be those appointed in accordance with the special rules-framed by the Government. ### 4. Postings and transfers. - The Members of Fire Service up to the rank of Assistant Divisional Fire Officer shall be made in accordance with the Tamil Nadu Service Fire Subordinate Rules. The transfer up to the rank of Divisional Fire Officer shall be made by the Director and above the rank of Divisional Fire Officers shall be made by the Government in consultation with the Director. ### 5. Conduct of Members of Fire Service. - The Tamil Nadu Government Servants Conduct Rules, 1973 and Order Nos. 18 and 110 of the Tamil Nadu Fire Service Manual shall apply to the Members of Fire Service. ### 6. Duties of the Member of Fire Service. (1) Director. - (a) The administration of fire service throughout the areas where the Act is in force shall vest with the Director of Fire Service. (b) The Director shall be responsible to the Government for the control and management of the fire-fighting forces, fire prevention wings and appliances. He shall advise the Government in all matters relating to fire-fighting including the advice on licensing of manufacture or storage of commodities under the rules. (c) The Director may issue, without reference to the Government, standing or general orders, on matters of routine or executive instructions or circulars or circular instructions or circular memorandum, provided that he shall not issue an order which relates to a point of law without previous reference to Government. (d) The Director shall be responsible for maintaining strict discipline and the highest possible standards of efficiency in the fire-fighting forces under him. He shall ensure this by making frequent inspections and by keeping in close touch with the Deputy Director, Divisional Officers and Station Fire Officers. (e) The Director may make such disposition of the staff members of the auxiliary force, engines and appliances for the fire stations. (f) The Director shall, subject to such general directions as Government may give, from time to time, appoint staff and shall also take such disciplinary action against them as he considers necessary in accordance with the relevant rules on the subject. (2) Deputy Director. - (a) He shall assist the Director of Fire Service and endeavour to establish and maintain efficiency and discipline, uniformity of procedure and practice and co-operation of Fire Officers and men of the divisions under his region. (b) He shall exercise his powers in the matter of appointment, postings, leave, punishments and appeals, regulate the method of recruitment, pay and allowances, pensions, discipline and conduct of all the subordinate officers under his control as provided for in the statutory rules. (c) He shall conduct periodical inspections, surprise checks of fire stations and other fire service institutions under his control and shall make out inspection reports to the Director. (d) He shall inspect periodically and check, by surprise, the place of factories, multi-storeyed buildings, place of public resort and the places run under fire licence and send reports of inspections to the Director and remarks to the subordinate jurisdiction Fire Officers for follow up actions. (e) He shall take all possible measures to enforce fire precautions in factories, places of public resort, multi-storeyed buildings and the places to which fire licences were issued through his subordinate Fire Officers having the respective jurisdiction. (3) Divisional Fire Officer. - (a) The Divisional Fire Officer shall exercise general supervision and control over all the fire stations in his division. (b) His powers in the matter of appointment, postings and punishments are detailed in the appropriate sections of the manual and in the statutory rules issued by the Government, from time to time, to regulate the method of recruitment, conditions of service, pay and allowances, pension, discipline and conduct of the subordinate officers working under him. (c) He is responsible for the administrative and operational efficiency of all the fire service institutions under him and for all matters relating to their internal economy and management. (d) He shall conduct periodical inspections, surprise checks of fire stations and other fire service institutions under his control and shall make out inspection reports to the Deputy Director. (e) At the close of the week, the Divisional Fire Officer shall submit to the Director through the Deputy Director concerned the weekly report in Form No. 18. (f) While at headquarters or during inspection or visits to other fire stations, the Deputy Director of Fire Service and the Divisional Fire Officers shall, as far as possible, attend fire calls received at the fire station concerned. They may, however, use their discretion in this regard and attend such calls in which their presence will be essential for technical guidance. In the City of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996.] the Deputy Director, when available, and the Divisional Fire Officer shall attend all major fires involving loss of human lives, whether the fire-fighting operations as such demand the presence of the superior Fire Officers or not. (g) The Divisional Fire Officer shall visit the scene of a major fire after the incident, to make on the spot study to frame his special report or to educate the villages on the need for organising fire fighting squads. If a journey to the fire spot after the occurrence of a major fire is considered unwarranted, the countersigning authority may disallow the travelling allowance claimed for the particular journey by the officer concerned. (4) Divisional Fire Officer, State Training School and State Workshop. - (a) He shall have the direct control over the Tamil Nadu Fire Service, State Training School and State Workshop, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] . He shall be responsible for the proper administration of the school and workshop. He shall exercise discipline and control over the staff of State Training School and Workshop and is responsible for the disbursement of the pay and allowances of the staff. (b) He shall be personally responsible for the safe custody and proper maintenance and accounting of all Government property attached to the school and workshop. He shall draw up programmes for the various courses of training conducted at the school in accordance with the syllabus prescribed for the respective courses. He shall supervise all the courses of training conducted at the school. (c) He shall take as many lecture classes as possible. He shall arrange for the instructional visit of trainees to industrial establishment and for their training in swimming and underwater rescue work. (d) He shall also carry out any other duty that may be assigned to him by superior officers. (5) Assistant Divisional Fire Officer. - (a) One or more Assistant Divisional Fire Officers shall be attached to each Divisional Fire Officer at the Divisional Headquarters. The Assistant Divisional Fire Officer shall assist the Divisional Fire Officer in executive or operational work including fire prevention. In the absence of the Divisional Fire Officer on camp or on casual or other similar leave, the Assistant Divisional Fire Officer shall attend to all executive or operational matters relating to the operational or executive aspects of the administration requiring immediate attention of the Divisional Fire Officer, he shall arrange to send them to his camp or obtain orders over telephone in emergent cases. He shall not correspond directly or indirectly with any one outside the department. (b) He shall also supervise and control the fire stations in the Division under the directions of the Divisional Fire Officer and attend fire calls responded to by the station where he is available on duty. He shall scrutinise copies of General Diaries received from fire stations and the weekly diaries received from the Station Fire Officers and bring to the notice of the Divisional Fire Officer any defect, irregularity or point of interest or importance noticed in them. He shall also attend to any other duty that may be specifically assigned by the Divisional Fire Officer, such as visit to fire stations, inspection of Government building, places of public resort, trades involving risks from fire, etc. Whenever he makes any inspection under the orders of the Divisional Fire Officer, he shall send a report to such Divisional Fire Officer. (6) Assistant Divisional Fire Officer (Transport). - The Assistant Divisional Fire Officer (Transport) shall be in charge of the Fire Services State Workshop in [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996.] . He shall be responsible for the efficient administration and economical working of the workshop. He shall be consulted on technical matters, like repairs, alterations, replacements and condemnation of fire service appliances and equipments. He shall also be responsible for - (a) the discipline, control and supervision of the workshop staff; (b) the proper allocation and even distribution of work among the staff of the workshop; (c) the proper receipt, safe custody, issue, utilisation and accounting of all stores, spare parts, tools, accessories, etc., and disposal under proper authority, of all surplus, obsolete, unserviceable and condemned articles; (d) correct receipt, safe custody and proper maintenance of the vehicle attached to the workshop and of vehicle received at the workshop for repairs; (e) the satisfactory and prompt execution of all jobs undertaken by the workshop; (f) the avoidance of all wasteful expenditure; (g) the correct maintenance of all the records prescribed in Appendix XII of the Tamil Nadu Fire Service Manual, Volume II and organisation and function of the Fire Service Workshop as detailed in Order Nos. 417 to 446 to the Tamil Nadu Fire Service Manual; (h) testing of stores purchased by the Directorate at [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] and submission of test reports; (i) procurement of spare parts and accessories required; (j) training of Fireman Drivers selected for promotion as Driver Mechanics; (k) any other duties entrusted to him by superior officers, from time to time. (7) Station Fire Officer and Assistant Station Fire Officer. - (1) The Station Fire Officer or the Assistant Station Fire Officer in charge of a fire station of the Tamil Nadu Fire Service shall - (a) be responsible for the efficient working of the fire station and proper maintenance of appliances and equipments under his control and attend all fire calls promptly and efficiently. He shall be assisted by an Assistant Station Fire Officer in his duties; (b) be available and hold himself in readiness for any duty he may be called upon to perform by his superior officers, at any time, and keep his superior officers acquainted with all matters coming to his knowledge, affecting his own fire station or the Fire Services Directorate in general; (c) obey implicitly all orders of his superior officers and extract the strictest obedience and civility from those serving under him, devote whole-hearted attention to his duties, and set an example to his men by sobriety, cleanliness, promptitude, civility and devotion to his duties; (d) take charge and be responsible for all appliances, stores, equipments, etc., issued to the fire station and submit a report to his superior officers as to the correctness or otherwise of such articles taken charge of. He shall submit a requisition to his superior officers for the requirements of their fire station as and when necessary; (e) see that all appliances and equipments are kept clean and in proper working condition showing them properly for immediate use in times of fires and other emergencies without loss of time; (f) instruct and drill all men under his charge in the use and maintenance of fire appliances and equipment; (g) hold a muster parade for the periodical inspection of uniforms, clothing, boots and equipments at least once a month to see that the operational staff in the fire stations keep themselves and their clothing in clean and good condition and to report shortage, if any, to his superior officers; (h) ensure that the roll is called at such time as his superior officer considers most suitable, but it shall be done compulsorily at the time of change over of duties; (i) carry out surprise turn outs at odd hours at least once a month to ensure prompt attention of staff and prompt availability of fire appliances; (j) ensure that the fire station time clock is checked with the clock or time signal at least twice a day at proper intervals; (k) see that the men placed on fire station and sentry duties are properly dressed and are acquainted with their duties; (l) see that the communication system is in proper working condition and send an immediate report to appropriate authority in case of any defect or failure; (m) keep himself and other staff on duty in readiness at all times to receive superior officers and give, if required, an accurate account of all matters connected with the station under his charge; (n) see that the fire pumps in the fire station which have not otherwise worked during a week have water passed through them at least once every week; (o) report at once to the superior officer and the police any damage or casualty that may have occurred as a result of accident; (p) keep himself and his staff acquainted with the water-supply within the area under his charge. In cases, where fire hydrants, fire alarm, underground reservoirs, fire-fighting tube-wells are provided, it shall be his duty to examine, with the help of his staff, those hydrants and water-supply arrangements falling within his jurisdiction periodically as may be fixed, from time to time; (q) keep himself and his staff acquainted with the network of communication system as may be existing in the service; (r) keep himself and his staff acquainted, as far as possible, with the topography of his own and adjoining areas, as well as fire risks in such areas; (s) maintain all registers, log-books, occurrence books, attendance rolls, etc., up-to-date and submit all returns and statements including pay rolls of his staff to his superior officers every month. All fire and special services reports shall be submitted by him within 48 hours of the ' occurrence, Sundays and holidays being excepted; (t) carry out periodical inspection of places involving fire risk; (u) be responsible for all administrative matters relating to the station such as- (i) the proper utilisation and accounting of the permanent advance sanctioned to the station; (ii) the correct preferment of claims against Government account and the safe custody and prompt and proper disbursement of all sums drawn on Government account to the appropriate persons entitled to receive them; (iii) the collection, custody and remittance to the credit of the appropriate head of the Government account all dues to Government such as ambulance receipts, stand-by pumping charges, recovery ordered from personnel, etc.; (iv) the receipts, custody and issue of all items of appliances, equipments, stores and other valuables supplied on Government account and prompt disposal under proper authority of all condemned and unserviceable article; (v) the proper maintenance of all prescribed records and registers; (v) also be responsible for carrying out any other duty, that may be assigned to him by his superior officers; (w) be responsible to see that the standard tests such as weekly, monthly of all fire equipments, appliances, vehicles, hose in the station are carried out as prescribed in Form No.29 (Fire Station Genera) Diary Forwarding Docket) and Form No. 49 (Log-Book) in the Tamil Nadu Fire Service Manual, Volume II and that entries are made in the Station Occurrence Book and Log-Book, etc. (2) It shall be the duty of the Station Fire Officer in charge of Fire Station or, if the Station Fire Officer, is absent from duty, the Assistant Station Fire Officer in charge of the Fire Station for the time being, to receive from the Divisional Fire Officer of his division on the first working day of every month, or any subsequent day on which payment may be made by the latter, pay and allowances or the officers and personnel of the Fire Station in his charge for the officers and personnel of the Fire Station in his charge for the preceding month, and to disburse the amount to those officers and personnel according to the acquittance rolls prepared by the Divisional Fire Officer. For the amount received by him from the Divisional Fire Officer, he shall give a receipt. Any amount not disbursed during the day shall be returned to the Divisional Fire Officer on the next day: Provided that the Station Fire Officer or the Assistant Station Fire Officer disbursing the pay shall be relieved of operational duties during the time taken for disbursement. The Divisional Fire Officer concerned shall so arrange that on the pay day, the Station Fire Officer or the Assistant Station Fire Officer in charge of a Fire Station is assisted by another officer competent to take charge of a fire incident on call. The Station Fire Officer on duty shall exercise control and supervision over the work of the Leading Firemen. He shall report at the fire control room ten minutes before the time scheduled for change over of duties in order to acquaint himself with all matters current and pending of operational and administrative importance. He shall be alert throughout the watch period and shall not leave the control room on any account unless his duties are properly arranged to be looked after during such period by making proper entries in the Fire Control General Diary. He shall be responsible for the efficient working of the fire control and for the allocation of specific duties to each Leading Fireman on duty at the time. He shall ensure that all records and registers are properly maintained and reports and returns due to superior officers are sent correctly and promptly. He shall not allow unauthorised persons to enter the control room. He shall carry out any other duty assigned to him by his superiors. (3) (a) In case of a fire station having a Station Fire Officer and Assistant Station Fire Officer, the former shall be in charge of the station and the latter shall assist him in carrying out the above-mentioned duties. (b) In the absence of the Station Fire Officer, the Assistant Station Fire Officer shall be in charge of a fire station. (8) Station Fire Officer (State Training School). - (a) The Station Fire Officer, State Training School shall assist the Divisional Fire Officers, State Training School in conducting various courses of training as specified in the Order No. 447 of Tamil Nadu Fire Service Manual, Volume I and gives lectures and drills as per the syllabus for various courses of training conducted at State Training School as specified in Appendices III to IX and XI of Tamil Nadu Fire Service Manual, Volume II. (b) He shall accompany the trainees during their instructional tour of industrial establishment. He shall also perform any.other duty that may be assigned to him by the Divisional Fire Officer. (9) Station Officer (Transport). - The Station Officer (Transport) shall be in-charge of the Mobile Repair Squad in the Division. He shall be responsible for the proper maintenance of all vehicles in the division and for the efficient administration and economical working of the Mobile Repair Squad. He shall be consulted on technical matters, like repairs, alterations, replacements and condemnation of fire service appliances and equipments. He shall also be responsible for - (a) the discipline, control and supervision of the Mobile Repair Squad staff under him; (b) the proper allocation and even distribution of work among the staff of the squad; (c) the satisfactory and prompt execution of all jobs entrusted to the squad; (d) the proper receipt, safe custody, issue, utilization and accounting of all stores, spare parts, tools, accessories, etc., and disposal under proper authority of unserviceable and condemned articles; (e) the correct receipt, safe custody and proper maintenance of vehicles entrusted to the squad for repairs; (f) the avoidance of wasteful expenditure; (g) the correct maintenance of all the registers, records and periodicals as prescribed in Order No. 416 of the Tamil Nadu Fire Service Manual, Volume I and prompt submission of all periodical returns; (h) procurement of spare parts, accessories, etc.; (i) training Fireman selected for promotion as Fireman Driver or Fireman Mechanic; (j) any other duty entrusted to him by superior officers. (10) Leading Fireman. - (1) The Leading Fireman of a Fire Service shall - (a) be available at the fire station, to which he is posted, while on duty; (b) obey implicitly all orders of his superior officers and maintaining the strictest obedience and civility among those serving under him; (c) see that the men placed under him on duty are properly dressed and are assigned duties pertaining to the fire station and fire appliances and such other duties that may be incidental to the efficient working of the fire station. He shall also be responsible for maintaining the fire station premises clean and tidy and appliances and equipment in neat and efficient working condition and ready for immediate use; (d) see that all equipments, gears, etc., are properly accounted for and be responsible for the same when in charge of fire appliance or equipment. In case of any loss or damage of articles or equipments, uniform, clothing, etc., he shall immediately report it to his next senior officer; (e) keep his superior officers acquainted with all matters coming to his knowledge affecting the fire station staff or the Fire Services Directorate in general; (f) be responsible for keeping the fire station premises, such as appliance rooms, offices, drill yard, watch rooms, workshop, dormitory, drill tower, hose drying tower, etc., neat and clean by washing, when necessary and keeping appliances, equipment, gears, etc., clean and tidy; (g) keep himself alert to attend to fires, special services like rescue jobs, stand-by duties at exhibitions, fairs, puja pandals, pumping out water from waterlogged areas, tanks or ditches, destroying films, fire drills and removing overhead signboards constituting public danger, etc., in the shortest possible time on the alarm being sounded in and to carry out any order given by an officer in this connection to perform the work promptly; (h) thoroughly inspect the fire appliances for which he shall be responsible and report to the officer in charge of the fire station of having verified the same. The Leading Fireman shall be jointly and severally responsible to the officer in charge of the fire station for the appearances, scrupulous cleanliness of vehicles, polishing and painting of equipment, appliances and vehicles, proper cleaning of the hoses, floors, walls, doors and windows of the premises, garages and drill towers and smoke chamber. Leading Fireman and other ranks accommodated in barracks or dormitory shall, solely, be responsible for the proper cleanliness and orderly arrangement of their personal belongings. They shall also be responsible for the safety of the various fixtures, sanitary and electrical fittings in such premises; (i) carry out any duty when ordered by an officer on the fire ground, to efficiently and promptly extinguish the fire or to perform any reasonable work; (j) check up that the wheels and undercarriages of the fire appliances and vehicles are properly cleaned and are in order; (k) perform round duties at night to pay surprise checks on the sentry, fire station properties and guard rooms and report any discrepancy immediately to the control room and to the officer on duty; (l) respect all officers of the fire station by saluting when on parades and drills and otherwise when called during his duty period by coming to attention; (m) perform parade and drills as per scheduled routine or such other drills as may be ordered by the officer in charge and to attend all kinds of authorised demonstration relating to fire service, in and outside fire station; (n) remain in proper uniform during his duty hours. Both the outgoing and incoming batches shall fall in during change-over of duties in proper uniform; (o) assist the fireman in loading and unloading of petrol containers on and from vehicles at the fire station, scene of fire, places of duty at exhibition, fairs, etc., and also places of storage; (p) be responsible for the writing up of general diary. If he is otherwise busy, it may be entrusted to a Fireman who is conversant with maintaining records. The ultimate responsibility for the correct maintenance of the General Diary shall, however, be that of the Leading Fireman; (q) be responsible for the safe custody of all moneys received by him in the absence of the Station Fire Officer and Assistant Station Fire Officer and the proper handing over of all such moneys to the Station Fire Officer and Assistant Station Fire Officer when he comes to duty at the fire station as laid down in Chapter XXIII of the Tamil Nadu Fire Service Manual, Volume I; (r) be responsible for the proper discharge of any other duty assigned to him by the Station Fire Officer or Assistant Station Fire Officer. (2) The Leading Fireman on duty shall assist the Station Fire Officer in the efficient working at, and maintenance of, the fire control. He shall report at the fire control room ten minutes before the commencement of the shift. He shall be responsible for - (i) the prompt, correct and instantaneous transmission of all incoming fire ambulance or emergency call to the fire station; (ii) the correct recording of all such calls and message received at the fire control room; (iii) the immediate and accurate disposal of all such calls and messages as indicated by the contents; (iv) the recording of the movement of the staff, appliances and equipments, maintenance of the availability and disposition boards in minute-to-minute details; (v) the synchronisation of all station clocks with the local telephone exchange time at every change-over of the station watches and recording the fact of having done so in the Fire Control General Diary; (vi) execution of such other duties as are entrusted to him by the Station Officer. He shall be alert throughout the watch period. While on duty, he shall not leave the fire control room on any account without the specific permission of the Station Fire Officer which, if granted, shall be recorded in the General Diary. (11) Leading Fireman (State Training School). - The Leading Fireman (State Training School) shall be responsible for conducting physical training classes for all trainees. He shall assist the Divisional Fire Officer and the Station Fire Officer in conducting various drills and demonstrations to the trainees. He shall also perform any other duty assigned to him by the Divisional' Fire Officer, or the Station Fire Officer, State Training School. (12) Leading Fireman (Station Telephones). - (1) The duty of Leading Fireman in charge of the Station Telephones shall be responsible for - (i) the correct recording of all calls and messages issued at the Fire Station; (ii) the immediate and accurate disposal of all such calls and the messages as indicated by the contents; (iii) the recording of the movement of the staff, appliances and equipment, maintenance of the availability and disposition boards in minute-to-minute details; and (iv) execution of such other duties as are entrusted to him by superior officers. (2) The Leading Fireman on duty shall be alert throughout the watch period. He shall not quit the Fire Station telephone room on any account, no matter, how brief the absence be unless his duty is properly arranged to be looked after during such period by making proper entries in the Fire Station General Diary. Unauthorised persons shall not be allowed to enter the fire station telephone room. (13) Driver Mechanic (Fire Station). - (a) The Driver Mechanic shall be responsible for the supervision and maintenance of all appliances at his station in accordance with the instructions laid down in Appendix XVIII. He shall do oiling, greasing, correct maintenance of tyre pressure, petrol, water and all oil levels and checking of nuts, bolts, etc. He shall also be responsible for carrying out of all running repairs with the assistance of the Fireman Drivers, if necessary. It shall be his duty to inspect all the units of his station and report to the Station Fire Officer any defect and see that his report is entered in the General Diary. If he can rectify the defect, he shall do it at once. If spare parts are required, he shall immediately inform the Station Fire Officer. (b) He shall also attend all fire calls for which the station appliances are turned out. (c) He shall, when necessary, work as a Fireman Driver. He may be posted on duty during day or night watches at the discretion of the Station Fire Officer. (d) It shall be essentially the duty of the Driver Mechanic to see that all sanctioned appliances attached to the station are kept in perfect working condition at all times. He may be called upon to explain, if there is any breakdown or mechanical trouble in a vehicle, which could normally have been avoided by diligent action on his part. (e) He shall also perform any other duty as are assigned to him by the Station Fire Officer. (14) Driver Mechanic (Workshop and Mobile Repair Squad). - The Driver Mechanic attached to the State Workshop or the Mobile Repair Squad shall be responsible for carrying out efficiently and economically all repairs to vehicles or other items of work entrusted to him by the Assistant Divisional Fire Officer (Transport) in the case of workshop and the Station Officer (Transport) in the case of Mobile Repair Squad. As soon as the job is allotted to him, he shall examine the repairs required and report them to the Assistant Divisional Fire Officer (Transport) or the Station Officer (Transport), as the case may be, along with a list of materials required to complete the job. He shall see that parts of the vehicles are not unnecessarily replaced when they can be repaired. He shall supervise the work of the Fireman Mechanic (and Fireman Labourers in the case of workshop) allotted to him for assistance for particular job. He shall also perform any other duty as may be assigned to him by the Assistant Divisional Fire Officer (Transport) or the Station Officer (Transport), as the case may be. (15) Fireman Driver. - The Fireman Driver of a fire station shall - (a) be available at the Fire Station to which he is posted while on duty; (b) obey implicitly all orders of his superior officers and extract the strictest obedience and civility from those serving under him, if any; (c) be responsible for the proper upkeep and mechanical condition, maintenance of the vehicles and pumps under his charge; (d) start at least twice a day or as may be directed by his superior officers the fire appliances and other vehicles in his charge and check petrol, oil, lubricant, radiator, water-level, lights, brake, etc., to make sure that the same are in serviceable conditions and report the same to the officer on fire station duty and report the defect, if any, immediately to the officer on station duty as laid down in Appendix 18 of the Tamil Nadu Fire Service Manual, 1974. (e) keep an inventory of all articles and equipment under his charge and maintain a record of time at work, mileage, petrol and oil consumption, etc.; (f) attend minor defects of appliances and vehicles at fire station level without sending to workshop; (g) be physically present and render all help to the mechanics while any repair to appliances or vehicle is done in the station; (h) do servicing of the undercarriages and engines of appliances and vehicles on a working day to be decided by the officer in charge for their proper upkeep and maintenance and also fill petrol in the tanks of the vehicles at the fire stations and assist the Fireman in loading and unloading of petrol containers on and from vehicle at the scene of fire or places of duty at exhibitions. Explanations. - "Servicing" means - (i) thorough cleaning of engines or appliances and vehicles including pump side; (ii) pouring of engine oil and lubricants in the engine and pumps; (iii) thorough cleaning of the undercarriage with the help of kerosene oil and by scrapping the stickily, oily coating of the undercarriage after washing of the undercarriage is done; (iv) application of one coat of anti-corrosive paint, as and when required or ordered by superior officer; (v) thorough cleaning and lubrication of grease and oil nipples; (vi) removal of wheels, and papering of corrosions, re-painting and re-fixing; (vii) proper maintenance and upkeep of batteries; (i) perform parade and drills as per the scheduled routine or such other drill as may be ordered by the officer in charge and attend all kinds of authorised demonstrations relating to fire service, in and outside the fire stations; (j) remain in proper uniform during his duty hours. Both the outgoing and incoming batches shall fall in during change-over of duties in proper uniform; (k) carry out any other duty relating to the maintenance, mobility and operation of fire appliances, motor vehicles, pumps or other fire-fighting and rescue gears as may be ordered by his superior officer; (l) respect all officers of the station by saluting when on parades and drills and otherwise when called during his duty period by coming to attention; (m) maintain a log-book in Form 49 as prescribed in the Tamil Nadu Fire Service Manual, Volume II for each motor vehicle engine pump in his charge; (n) report all defects immediately to the Leading Fireman; (o) in the absence of the Driver Mechanic of the station, the Fireman Driver in charge of the unit shall be responsible for carrying out the duties of Driver Mechanics in respect of his units; (p) when the situation warrants, a fireman driver shall also be posted to do the work of a fireman. He shall also perform any other duty assigned to him by the Station Fire Officer. (16) Ambulance Driver. - The Fireman Driver when posted in charge of an ambulance shall be responsible in addition to the duties and responsibilities referred to in Order 148 of the Tamil Nadu Fire Service Manual, Volume I for - (a) the safe loading, transporting and unloading of patients with the help of the ambulance attendant; (b) collection of the charges due towards the call; (c) the correct issue of receipts for moneys collected for service rendered and handing over the collections to the Station Fire Officer; and (d) the proper discharge of any other duty assigned to him by the Station Fire Officer. (17) Fireman Mechanic (Workshop and mobile repair squad). - The Fireman Mechanic shall be responsible for carrying out all the jobs entrusted to him by the Assistant Divisional Fire Officer (Transport) or Station Officer (Transport). He shall assist the Driver Mechanic in carrying out repairs to vehicles. He shall also perform any other duty assigned to him by the Assistant-Divisional Fire Officer (Transport) or Station Officer (Transport), as the case may be. (18) Fireman Labourer. - The Fireman Labourer shall generally be posted to work with or under a Driver Mechanic or a Fireman Mechanic in the workshop and shall be responsible for the execution of any job entrusted to him. He shall also perform any other work allotted to him by the Assistant Divisional Fire Officer (Transport). (19) Fireman. - (1) This category shall consist of Fireman, Fireman Messengers, Fireman Sentries, Fireman Orderlies, Fireman Labourers and Ambulance Attendants. They shall work under the Leading Fireman. The Fireman of a Fire Station shall- (a) be available at the Fire Station, to which he is posted while on duty; (b) obey implicitly all orders of his superior officers and hold himself in readiness to carry out all duties assigned to him by his superior officers promptly and efficiently; (c) keep himself and his quarters, if provided, neat and clean; (d) devote whole-hearted attention to his duties; (e) be an example to others for sobriety, cleanliness, promptitude, civility and devotion to duty; (f) be responsible for keeping the fire station premises, such as appliance rooms, offices, drill yard, watch rooms, workshops, dormitory, drill tower, hose drying tower, etc., neat and clean by washing when necessary and keep the appliances, equipment gears clean and tidy; (g) be alert and keep himself in readiness to attend to fires, special services like rescue calls, stand-by duties at exhibitions, fairs, puja pandals, pumping out water from water-logged areas, tanks or ditches, destroying films, fire drills, removing overhead signboards, constituting public danger, etc., in the shortest possible time on alarm being sounded and carry out any order given by an officer in this connection to perform the work promptly; (h) keep himself acquainted with topography of his own and adjoining areas as well as fire risks in such areas; (i) carry out duties assigned to him, from time to time, and be responsible jointly and severally to the Leading Fireman of the fire unit for the care, appearance and scrupulous cleanliness of the unit and all equipments, correct upkeep, storage and maintenance thereof; (j) carry out proper maintenance and handling of equipments and gears of the vehicles, perform guard duties, workshop duties, control room and watch room duty, Fire Station Officer's office duty and despatch messenger's duty; (k) thoroughly inspect the fire appliances for his work and report to the Leading Fireman of having verified the same. The Fireman shall be jointly and severally responsible to the Leading Fireman of the unit for the appearance and scrupulous cleanliness of the vehicles, polishing and painting of equipments, appliances and vehicles, proper cleaning of the hoses, floors, walls, doors and windows of the premises, garages, drill towers, etc. Fireman and other ranks accommodated in the barracks or dormitory shall be responsible for the proper cleanliness, orderly arrangement of their personal belongings, etc. They shall also be responsible for the safety of the various fixtures and sanitary and electrical fittings in such premises; (l) perform all duties assigned to him by a senior officer in the interest of public service at fire station and fire operational ground; (m) perform parade and drills as per scheduled routine or such other duties as may be ordered by the Officer in charge and attend all kinds of authorised demonstration relating to fire service in the outside fire stations; (n) remain in proper uniform during duty hours. Both the outgoing and incoming batches shall fall in during change-over of duties, in proper uniform; (o) while on fire ground or special job, etc., not leave his post without the permission of an officer and carry out any order given for the prompt extinguishing of the fire or rescue work; (p) respect all officers of the fire station by saluting when on parades and drills and on sentry duty and otherwise when called during his duty period by coming to attention; (q) assist Fireman Driver, during the servicing of the vehicle by removing the wheels and re-fitting the wheels of the fire units and during removal of the batteries from the fire units, re-setting for the purpose of charging and others. He shall also assist the Fireman Driver in checking the charge condition and distilled water level in the battery; (r) load and unload petrol containers on and from vehicles at the fire station, scene of fire, places of duty at exhibitions, fairs, etc., and also places of storage. (2) Fireman when posted as guard or sentry by turn or otherwise as may be deemed fit by the officers in charge of the fire station shall be properly dressed in uniform prescribed in the Order No. 353(c) of the Tamil Nadu Fire Service Manual, Volume I and shall not leave his post until he is duly relieved. While on guard duty, the Fireman shall - (a) guard all properties, fixtures, fittings and other effects both in the fire station premises and station surroundings; (b) see that all persons entering the fire station premises are directed to the officer in charge; (c) be aware and remain alert at all times; (d) control the movement of incoming and out-going vehicles to avoid accident; (e) patrol round the entire premises and surroundings once in every fifteen minutes while on duty; (f) in the case of workshop search all persons leaving the workshop. He shall prevent any authorised article being brought into, or removed from, the workshop; (g) shall report to the persons in charge of the telephone in the workshop the movement of all officers and appliances arriving at and leaving the workshop. ### 7. Working hours. (a) The duty hours of the Deputy Director of Fire Service, Divisional Fire Officers and Assistant Divisional Fire Officers shall be from 10.30 a.m to 5.30 p.m on each day. (b) Fire Control. - [Chennai] [Substituted by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City. - The fire control in Chennai city shall be manned all the 24 hours of the day and night, by two watches, one by day and one by night each watch with a Station Fire Officer and 8 (eight) Leading Firemen. The day watch shall be from 08.00 hours to 17.00 hours and night watch from 17.00 hours to 08.00 hours. The Station Fire Officer on duty shall be in charge of the control room and be assisted by the eight Leading Firemen on duty. (c) Fire station. - Fire station functions round-the-clock. The staff attached to the fire station shall work on two shifts. The duration of duty hours of the staff shall be as follows:- Day shift ........ 08.00 hours to 17.00 hours. Night shift .......... 17.00 hours to 08.00 hours. The weekly change-over shift shall be done at 12.00 hours every Sunday. The telephones at the fire station shall be manned by a Leading Fireman on duty, by turn in the following timings: - From 08.00 hours to 13.00 hours. From 13.00 hours to 17.00 hours. From 17.00 hours to 22.00 hours. From 22.00 hours to 03.00 hours. From 03.00 hours to 08.00 hours. Chapter III Particular Duties ---------------------------------- ### 8. Station and other operational routine. (1) The Members of the Fire Service shall act in accordance with the procedure and attendance at Fire Station as envisaged under Chapter XII and Part III, Chapter XIII of Tamil Nadu Fire Service Manual, 1974. (2) The Members of the Fire Service not below the rank of Assistant Station Fire Officer and officer in charge of the fire station and the Leading Fireman in cases where the Assistant Station Fire Officer and Station Fire Officer is absent shall act in accordance with Part IV, Chapters XIV, XV and XVI of the Tamil Nadu Fire Service Manual, 1974. Chapter IV Preventive Measures ----------------------------------- ### 9. Preventive measures. (1) The Members of the Fire Service authorised under rule 8(2) shall report the negligence, carelessness, wilful commissions or omissions of the holders of the licence mentioned under rule 2(g) and sections 15,16,17 and 19 of the Act, to the Director of Fire Service through proper channel. On approval of the Director of Fire Service and after giving the owner or occupier, a reasonable opportunity not exceeding thirty days of making representation, shall take action to serve, detain or remove such objectionable objects or goods under section 13(2) of the Act. This shall be without prejudice to any prosecution that may be launched under sections 15,16,17 and 19 of the Act. (2) Prosecution procedure. - Officers not below the rank of Assistant Divisional Fire Officer upon the records made out by the Station Fire Officer and on obtaining sanction to prosecute from the Director of Fire Service shall lodge a complaint before the Court of competent jurisdiction against the offenders under sections 15,16,17 and 19 of the Act. Chapter V Repairs and Replacement of Appliances and Stores --------------------------------------------------------------- ### 10. Repairs and replacement of appliances and stores. - The Director of Fire Service shall exercise power in the matter of repairs and replacement of appliances, procurement of stores and maintenance of the repair squad and workshop as per procedure contemplated in Chapters I, XVII, XIX and XX of the Tamil Nadu Fire Service Manual, 1974. Chapter VI Training ------------------------ ### 11. Training. - The Director of Fire Service shall organise various training courses for different levels as envisaged in Chapter XI of the Tamil Nadu Fire Service Manual, 1974. He shall take the assistance of the Deputy Director of Fire Service at Headquarters and the Divisional Fire Officers (Training) and the Director, National Fire Service College, Nagpur. He shall also co-ordinate with the Government, the administrative department for Fire Service in the Government and the Personnel and Administrative Reforms (Training) Department in the Government and organise courses on administration and management training, seminars and conferences. He shall also co-ordinate with the Fire Advisor, Ministry of Home Affairs, Government of India, Chairman, Standing Fire Advisory Committee under the Ministry of Home Affairs and Director, Indian Standards Institutions and the Director, Supplies and Disposals, Government of India and organise courses on quality control and purchase procedure. He shall also coordinate with the Director, Central Building Research Institute, Rurkee and Fire Advisor, Ministry of Defence and Advisor, Communications, Government of India and organise courses on research and development. He shall be also responsible for the implementation of up-to-date technology in the department, for the betterment of service and technology in the department and to satisfy the safety needs of the public from the fire hazards. Chapter VII Buildings -------------------------- ### 12. Buildings. - The Director of Fire Service shall exercise his powers in the matter of construction of new fire stations, providing permanent buildings for the old fire stations, construction of quarters for the staff and construction of static water tanks, following the procedures contemplated under Chapter XII of the Tamil Nadu Fire Service Manual as amended, from time to time. He shall also utilise the services of the Tamil Nadu Water and Drainage Board, the Corporations and Municipalities, major panchayats and Panchayat Unions for providing hydrant system to the required areas in the State so far afford as fire protection system to the entire State. Chapter VIII Office Procedure ---------------------------------- ### 13. Office Procedure. - The Director of Fire Service shall follow the office procedure contemplated in the District Office Manual, the Tamil Nadu Treasury Codes, Tamil Nadu Financial Codes and Fundamental Rules and other administrative Manuals issued by the Government of Tamil Nadu, from time to time. Chapter IX General ----------------------- ### 14. General. (a) The Members of the Tamil Nadu Fire Service shall consist of various ranks in the Special Rules for the Tamil Nadu Fire Service and the Tamil Nadu Fire Subordinate Service and their number shall be as sanctioned by the Government, from time to time. (b) The recruitment and appointment of various ranks in the Tamil Nadu Fire Service shall be governed by the Special Rules for the Tamil Nadu Fire Service and the Tamil Nadu Fire Subordinate Service. The procedure for recruitment, appointment, transfers, postings, accommodation, uniform, transportation shall also be governed by the same rules and relevant orders in the Tamil Nadu Fire Service Manual. (c) The membership certificate shall be issued to various ranks of the department in the format prescribed in Appendix VIII appended to these rules. (d) (i) The structure of pay and allowances and the emoluments connected with their appointment shall be fixed by the Government, from time to time. (ii) Their discipline, control and appeal shall be governed by the [Tamil Nadu Civil Services (Classification, Control and Appeal) Rules, 1955] [Now, the Tamil Nadu Civil Services (Discipline and Appeal) Rules.] and the Tamil Nadu Government Servants Conduct Rules, 1973. (e) The deputation of members of the service to other organisations or foreign countries shall be governed by the fundamental rules at the discretion of the Government of Tamil Nadu. (f) The members of the service shall be engaged in fire-fighting, rescue and relief operations on a safeguard to their life safety being an award of money compensation as per the Workmen's Compensation Act, 1923 (Central Act VIII of 1923) and a Group Insurance Scheme. Further, the family members who are suitable shall be appointed to suitable ranks in the force in the event of their death in action or on duty. Further, they shall be entitled to all the benefits applicable to the Government servants while dying in harness and all other legitimate compensation announced by the Government, from time to time. They shall also be entitled to receive any special awards granted by the Government or private person, company, Corporation, Boards and others. (g) Any member of the service shall resign his office, after, giving previous notice in the manner as prescribed for the Government servants. (h) The member of the service up to the rank of Assistant Divisional Fire Officer shall be entitled for all the "Rewards" contemplated under Chapter V of the Tamil Nadu Fire Service Manual. (i) The award amount of compensation for the member who is injured during action or while on duty or their death on the event shall be to the extent decided by the Tribunal for Workmen's Compensation or by any other Court competent to pass such an order in addition to all other benefits entitled to by the member while dying in harness. (j) The jobs such as private stand-by, pumpings and others undertaken utilising the men and machine power of the department shall be governed by the orders in the Tamil Nadu Fire Service Manual. The Government, by any special order, may treat such paid jobs as free at their discretion. (k) The members of the service holding various ranks shall be equivalent in ranks of various other para-military forces in the country by a special order and they shall enjoy the status and protocol on their day-to-day official affairs and on national occasions. Their dress regulation shall be regulated on these lines, from time to time, by the Government. Chapter X Compensation --------------------------- ### 15. Compensation. - The Director of Fire Service may grant compensation to persons, who, while rendering effective service to the Fire Service in the discharge of their duties, met with accident to the extent fixed by the Government, from time to time, for injury and compensation to their dependents in the event of their death. Chapter XI Auxiliary Force ------------------------------- ### 16. Auxiliary Force. - The Director of Fire Service may organise the Auxiliary Force on the pattern developed by the Fire Adviser, Ministry of Home Affairs, Government of India and the expenditure thereof shall be borne by the Government from the State Contingent Fund. [The Director of Fire Service] [Now, the Director of Fire and Rescue Services.] shall be the recruiting authority for the members of Auxiliary Force. Appendix ### 1. List of trades, storage and transportations coming under the purview of the Act. ### 2. Form of notice to be sent to the defaulter. ### 3. Form of Fire Licence (instead of NOC). ### 4. Register to be maintained by Fire Officers and the parties issued with licence. ### 5. Format of report on inspection remarks to the general licensing authority. ### 6. Form of report to the Executive Magistrate. ### 7. Form of report of defects/inspection to the Director of Fire Service by the Inspecting Officer through proper channel. ### 8. Form of Certificate to members of Fire Service. ### 9. Form of Certificate to members of Auxiliary Force. ### 10. List of records and registers to be maintained in the Fire Station, Divisional Fire Office, Regional Fire Office and the Directorate. Appendix - 1 List of Places, Storage and Transportation Coming Under the Purview of the Act | | | | --- | --- | | SI. No. | Purposes for which licence, permission or registration is required | | (1) | (2) | | 1. | Large hotels, Restaurants, Bakeries and eating houses. | | 2. | Fish Oil - machine power. | | 3. | Other Oil - machine power. | | 4. | Boiling - Camphor or oil by machine power. | | 5. | Manufacture of ice. | | 6. | Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. | | 7. | Ammunition. | | 8. | Chlorate mixture. | | 9. | Explosive (Storing) . | | 10. | Fulminate of mercury. | | 11. | Gun Cotton. | | 12. | Gun powder. | | 13. | Nitro-compound. | | 14. | Nitro-glycerine. | | 15. | Nitro-mixture. | | 16. | Fireworks, preparing or manufacturing or storing. | | 17. | Manufacturing of crackers. | | 18. | Camphor. | | 19. | Salt Petre. | | 20. | Sulphur (including melting). | | 21. | Fireworks. | | 22. | Matches. | | 23. | Flax. | | 24. | Hemp. | | 25. | Jute. | | 26. | Gas. | | 27. | Skins. | | 28. | Chemical preparations, carbolic acid, hydrochloric acid, nitric acid, pyritic acid, sulphuric acid, caustic potash, caustic soda, chemical fertilisers, benzol, bromoform, chloroform, iodoform, glycerine, acetone, nitro, nitrol, perchloride of mercury, chloride of potash, etc. | | 29. | Cigars and Cigarettes. | | 30. | Beedies. | | 31. | Manufacturing articles from which offensive or unwholesome smells, fumes, dust or noise arise (Kumkums) . | | 32. | Carpentry and cabinet making. | | 33. | Printing, composing, binding, etc. | | 34. | Storing, dumping, curing, cleansing, etc. | | 35. | Steam engines and boilers to construct or establish any factory, workshop or work-place in which it is proposed to employ steam power, water power, or other mechanical power, or electric power. | | 36. | Using for any industrial purpose fuel or machine power. | | 37. | Baling presses. | | 38. | Cinema studio. | | 39. | Combustible materials storage. | | 40. | Cinematographic films - storing, transporting, handling, examining, repairing and exhibiting. | | 41. | Storing ordinary camera roll films and X-ray films. | | 42. | Petroleum products - storing, packing, cleansing, preparing or manufacturing by any process whatever (Non-dangerous Petroleum between 760 F and 1500 F). | | 43. | (i) Non-dangerous Petroleum. - (a) Kerosene Oil. (b) Mineral Turpentine. (c) Powerine (Power Kero). (d) Furnace Oil. (e) Vapourising Oil. (f) Aviation Turbine Fuel 650 (g) Mobile Power Oil, etc. | | 44. | (ii) Heavy Petroleum. - (a) High Speed Diesel Oil (H.S.D.). (b) Light Diesel Oil (L.D.O.). (c) Furnace Oil. (d) Tea Drier Oil. (e) Mobile diesel, etc. | | 45. | (iii) Heavy Oils. - (a) Lubricating Oils. (b) Vaseline. (c) Petroleum Jellies. (d) White Oils. (e) Grease, etc. | | 46. | Dyes (Vegetable or Chemical) - storing, selling, keeping, etc. | | 47. | Paper (Printing, writing, including newsprint paper, cardboards, etc.) - storing, selling in retail or wholesale. | | 48. | Silk (Rayon, Nylon, etc.) - manufacturing by any process whatever. | | 49. | Silk (Rayon, Nylon, etc., waste or soiled) - storing or selling, in retail or wholesale. | | 50. | Cloth (textiles, cotton, garments, dress, apparels, etc.)- By powerlooms, storing or selling in retail or wholesale, manufacturing by any process whatsoever. | | 51. | Rubber (goods such as sheet, cloth, toys, shoe, etc.) - By machine power, manufacturing by any process whatever. | | 52. | Studios - Cinemas, etc. - Cinema Houses, equipped with reproducing of sound with amplifiers, by projectors where public are admitted for amusement, entertainment, etc. | | 53. | Fertilisers (chemical preparation of any kind) - manufacturing, packing, mixing, pressing, selling or storing, in retail or wholesale. | | 54. | Paints (including distemper, varnish, spirits, linseed oil, polishes, etc.) - manufacturing, mixing, packing, pressing, cleansing by any process whatever. | | 55. | Paints (including distemper, varnish, spirits, linseed oil, polishes, etc.) storing, selling by retail or wholesale. | | 56. | Metals - Melting lead, beating, breaking, hammering, casting, etc., of metals. | | 57. | Automobile shops - repairing, building, assembling - By power cleansing, etc., automobiles. | | 58. | Tea stand, tea stall and tea shop which can be a source of fire accident. | | 59. | Coffee hotels (cafe, restaurant, clubs), boarding houses, eating house, military hotels, tea clubs, drinking houses, ice cream parlours. | | 60. | Meals hotels or eating houses. | | 61. | Biscuit, bread and confectionaries, tea shops, etc., where public are admitted for the consumption of food or drink. | | 62. | Places where preparation of edibles is made and stored, but public are not admitted for consumption of food or drink. | | 63. | For manufacturing, packing, preparing, keeping or storing for human consumption (other than domestic use) -(1) Biscuit;(2) Bread;(3) Vermicelli. | | 64. | Preparing Murukku, Masalvadai. | | 65. | Keeping pigs. | | 66. | Cattle yards and stables, using or allowing a place to be used as a stable, veterinary infirmary, stand, shed or yard for keeping or taking in quadrupeds for purpose of profit. | | 67. | Keeping together twenty or more sheep or goat or ten or more head of cattle. | | 68. | To open a new private cart-stand. | | 69. | To keep open a private cart-stand. | | 70. | To keep a cycle-stand where fees are charged. | | 71. | Manufacturing, preparing, by any process whatsoever, aerated waters. | | 72. | Bricks, tiles (Brick-kilns). | | 73. | Carpets. | | 74. | Condiments by machinery, grinding chillies by machinery, powdering seekai by machinery. | | 75. | Coffee roasting. | | 76. | Coffee grinding. | | 77. | Coffee roasting and grinding (by hand power). | | 78. | Fish oil by hand power. | | 79. | Other oil by hand power, preparing or manufacturing of any process whatsoever. | | 80. | Boiling/camphor or oil by hand power. | | 81. | Manufacturing or distilling - Sage. | | 82. | Storing, packing, dressing, cleansing, preparing or manufacturing, by any process whatever, dumping or selling, ashes, cinders. | | 83. | Packing, pressing, cleansing, preparing or manufacturing, by any process whatever, candles. | | 84. | Dyes (other than chemicals). | | 85. | Storing, packing, pressing, cleansing, preparing or manufacturing, by any process whatever, blood, bones. | | 86. | Catgut, fat tallow (including melting). | | 87. | Dyeing, clothing, yarn silk. | | 88. | Refining. - (1) Gold.(2) Gilding and electroplating by hand and machine power. | | 89. | Selling wholesale or retail or storing for wholesale or retail trade, packing, pressing, cleansing, preparing or manufacturing, by any process whatever, cow-dung cakes. | | 90. | Fins. | | 91. | Flax hemp. | | 92. | Offal. | | 93. | Jute. | | 94. | Leather. | | 95. | Skins (above 50 cwts). | | 96. | Horns. | | 97. | Hair (dyeing or drying also). | | 98. | Wool. | | 99. | Packing, pressing, cleansing, preparing or manufacturing, by any processing whatsoever, soap snuff. | | 100. | Tailoring (dress makers) using 70 or more sewing machines. | | 101. | Battery charging and repairing, vulcanising, retreading tyres, radio and electrical repairs and lumber materials, welding, etc. | | 102. | Automobile shops - repairing, building, assembling, cleaning, etc., of automobiles (by hand power). | | 103. | Printing presses - printing, composing, binding, etc. (by hand power employing 5 persons or less). | | 104. | Rubber tyres and tubes - storing, dumping, curing, cleansing, etc. | | 105. | Washing soiled clothes or keeping soiled clothes for the purpose of washing them or keeping washed clothes (by machine power). | | 106. | Dumping, shifting, selling or storing (charcoal, coal, storing cake, combustible materials). | | 107. | Selling or storing - Firewood. | | 108. | Grass, hay, dry leaves (combustible materials), straw, thatching materials. | | 109. | Timber, storage, processing. | | 110. | Storing - Line. | | 111. | Rags resin (including resin), spirits and turpentine. | | 112. | Tobacco (above 50 maunds). | | 113. | Cold storage of fish, etc. | | 114. | Poultry - To carry on the trade of a poulterer. Poultry - To use place for the sale of poultry. | | 115. | Selling wholesale or retail, storing for wholesale or retail trade, packing, pressing, cleansing, preparing or manufacturing by any process whatever - Jaggery. | | 116. | Selling wholesale or retail, or storing for wholesale or retail trade, onion, garlic, chillies (dried) , selling wholesale or retail or storing for wholesale or retail trade, pressing, cleansing, preparing or manufacturing by any process whatever. | | 117. | Oil-cakes. | | 118. | Coconut' fibre, selling for storing, fibres and articles made of coconut fibres. | | 119. | Storing, packing, pressing, cleansing, preparing or manufacturing, by any process whatever, Oil - gingelly, groundnut, coconut, castor, vegetable oils, margo, etc. | | 120. | Paper (waste paper) - Storing or selling in retail or wholesale. | | 121. | Paper (printing, writing including newsprint paper, card-boards, etc.) storing and selling. | | 122. | Sugar - packing, pressing, cleansing, preparing or manufacturing, by any process whatever, sugar - storing or selling retail or wholesale. | | 123. | Sugar-candy - packing, pressing, cleansing, preparing or manufacturing by any process whatever. | | 124. | Ink (writing ink, marking ink, etc.) manufacturing by any process whatever. | | 125. | Ink (printing ink) manufacturing by any process whatever. | | 126. | Crockery, enamelling, etc. - manufacturing by any process whatever. | | 127. | Beedi leaves - storing or selling in retail or wholesale. | | 128. | Thatching materials such as coconut leaves, woven coil mats, ropes, etc., storing or selling in retail or wholesale. | | 129. | Tea (dust, leaves, powder, etc.), bread - storing or selling in retail or wholesale. | | 130. | Articles, made of flour (biscuits) (bread) cakes, peppermint, chocolates, etc. - manufacturing by any process whatever. | | 131. | Furniture (wood, metal, cane, bamboo, etc.) storing or selling in retail or wholesale. | | 132. | Cloth (cotton textile) - manufacturing by any process whatever (by machine power). | | 133. | Automobile - cleansing, servicing and body-building, etc. - manufacturing, assembling, repairing, stocking or selling in retail or wholesale, etc. | | 134. | Cycle - manufacturing, assembling, storing or selling in retail or wholesale. | | 135. | Glass (including mirror, glassware, glass plates, etc.) - manufacturing by any process whatever. | | 136. | Glass (including mirror, glassware, glass plates, etc.) - storing or selling in retail or wholesale. | | 137. | Rubber (goods, such as sheet, cloth, toys, shoes, etc.) - storing or selling in retail or wholesale. | | 138. | Battery - storing, selling, manufacturing, assembling, servicing, etc. | | 139. | Electrical instruments, apparatus, etc. - storing, selling, in wholesale or retail, manufacturing, assembling, servicing, etc. | | 140. | Radio - storing, selling, retail or wholesale, manufacturing, assembling, servicing, etc. | | 141. | Paper - packing, pressing, cleansing, preparing, manufacturing by any process whatever, making card-board boxes, envelopes, etc. | | 142. | Fibres (materials made of jute, coir or any other fibre) - storing or selling in retail or wholesale. | | 143. | And all other trades, storage and transportation as follows are covered and envisaged to the various rules, i.e. - | | | (1) Explosives Act. | | | (2) Petroleum Act. | | | (3) Carbide Act. | | | (4) Oil Fields Act. | | | (5) The Arms Act. | | | (6) Warehousing Corporation Act. | | | (7) The Emergency Risk (Hoods) Insurance Act, 1962. | | | (8) The Major Port Trust Act, 1983. | | | (9) The Coal Miners Compensation and Development Act, 1974. | | | (10) The Cinematograph Rules, 1948. | | | (11) Factories Act, 1948. | | | (12) The District Municipalities Act. | List of Inflammable Articles and Chemicals and Non-Chemicals | | | | --- | --- | | 1. | Jute in kutcha bales. | | 2. | Jute in pucca bales. | | 3. | Cotton in bales. | | 4. | Gunny in any form. | | 5. | Rubber, whether synthetic or natural including articles manufactured with rubber as an ingredient. | | 6. | Asphaltum | | 7. | Wax in any form | | 8. | Bamboo. | | 9. | Plastic except those made from one or more of the following ingredients, namely: - | | | (i) Urea Formaldehyde Moulding Powder. | | | (ii) Phenol Formaldehyde Moulding Powder. | | | (iii) Polystyrene Moulding Powder. | | | (iv) Cellulose Acetate Moulding Powder. | | | (v) Cellulose Acetate Butyrate Moulding Powder. | | | (vi) Polyvinyl Chloride Moulding Powder. | | | (vii) Methyl Methacrylate Moulding Powder. | | | (viii) Polyethylene Moulding Powder, provided that it is certified by the Director,[Tamil Nadu Fire Service] [Now, the Director of Fire and Rescue Services.] on an application being made to him that no other inflammable solvent or material has been used in their manufacture and that they are stored in such manner as not to constitute any special hazard from fire. | | 10. | Asphalted, oiled or tarred paper. | | 11. | Kapok. | | 12. | Soft Coke. | | 13. | Hard Coke. | | 14. | Gas Coke. | | 15. | Articles made of wood (excluding furniture kept in a building or place for ordinary use). | | 16. | Articles made of celluloid. | | 17. | Articles made of shellac. | | 18. | Articles made of bamboo. | | 19. | Articles made of darmath. | | 20. | Articles made of wax. | | 21. | Lacquers. | | 22. | Castor-Oil. | | 23. | Linoleum. | | 24. | Paint thinners. | | 25. | Finely divided cork. | | 26. | Sisal Fibre. | | 27. | Manila Fibre. | | 28. | Lubricating Oil. | Inflammable Chemicals | | | | --- | --- | | 1. | Ammonium Nitrate. | | 2. | Potassium Dichromate. | | 3. | Potassium Permanganate. | | 4. | Chlorates. | | 5. | Potassium Nitrate. | | 6. | Picric Acid. | | 7. | Sodium (Metal) . | | 8. | Potassium (Metal) . | | 9. | Phosphorous. | | 10. | Inflammable organic solvents. | | 11. | Sulphur. | | 12. | Calcium Carbide. | | 13. | Gas Cylinder - Hydrogen, Oxygen or Acetylene. | | 14. | Acetone. | | 15. | Acetate. | | 16. | Aniline. | | 17. | Benzine. | | 18. | Benzol. | | 19. | Butane Liquid. | | 20. | Carbon Bi/Di-sulphide. | | 21. | Cellosolve. | | 22. | Cleaning solvents (dry-cleaners). | | 23. | Ethyl Alcohol. | | 24. | Ethyl Ether. | | 25. | Ethyl Chloride | | 26. | Fuel Oils. | | 27. | Naphtha. | | 28. | Naphthalene. | | 29. | Aluminium dust. | | 30. | Magnesium dust. | | 31. | Zinc dust. | | 32. | Nitric Acid. | | 33. | Sulphuric Acid. | | 34. | Carbon Monoxide gas. | | 35. | Methane gas. | | 36. | Ethylene gas. | | 37. | Sulphuretted Hydrogen gas. | | 38. | Coal gas in cylinders and holders. | | 39. | Producer gas in holders. | | 40. | Red Phosphorous. | | 41. | Phosphorous Pentasulphide. | | 42. | Sodium Nitrate. | | 43. | Barium Nitrate. | | 44. | Calcium Nitrate. | | 45. | Toulene. | | 46. | Phenol. | | 47. | Xylene. | | 48. | Turpentine. | | 49. | Calcium Cynamide. | | 50. | Cellulose Acetate or Cellulose. | | 51. | Collodion. | | 52. | Chromates and Di-chromates. | | 53. | Calcium Phosphide. | | 54. | Methyl Ethyl Ketone. | Table of "Small Quantities" of Articles and Chemicals and Non-Chemicals | | | | | --- | --- | --- | | SI. No. | Name of Articles | Small quantities of the article | | (1) | (2) | (3) | | 1. | Jute | Any quantity not exceeding - 1,870 kgs. | | 2. | Jute in pucca bales | Do. | | 3. | Jute in kutcha bales | Do. | | 4. | Gunny bags | Do. | | 5. | Gunny in any form | Do. | | 6. | Cotton | Do. | | 7. | Cotton in bales | Do. | | 8. | Hemp, bales or loose | 930 kgs. | | 9. | Resin | 370 kgs. | | 10. | Shellac | 370 kgs. | | 11. | Varnish | 370 kgs. | | 12. | Linseed Oil | 370 kgs. | | 13. | Paint | 930 kgs. | | 14. | Bitumen | 870 kgs | | 15. | Pitch | Do. | | 16. | Tar | Do. | | 17. | Tallow | Do. | | 18. | Celluloid in any form other than cinema films | 50 kgs. | | 19. | Cinema films temporarily kept or stored at a place other than cinema houses for casual exhibition at the place free of charge | 40 kgs | | 20. | Cinema films kept or stored at any other place | 30 kgs. | | 21. | Wood (excluding furniture kept in a building or place for ordinary use). | 1,870 kgs. | | 22. | Charcoal | 2,030 kgs. | | 23. | Coal | 4,060 kgs. | | 24. | Straw | 1,870 kgs. | | 25. | Hay | 1,870 kgs. | | 26. | Ulugrass | 930 kgs. | | 27. | Golpata | 930 kgs. | | 28. | Hogia | 1,870 kgs | | 29. | Raw rattan canes | 1,870 kgs | | 30. | Packing boxes | 1,870 kgs | | 31. | Rags | 1,870 kgs | | 32. | Darma | 930 kgs. | | 33. | Coconut fibre | 930 kgs. | | 34. | Articles made of coconut fibre | 930 kgs. | | 35. | Waste paper | 930 kgs. | | 36. | Petroleum or petroleum products other than kerosene | 930 kgs. | | 37. | Kerosene | 180 Its. | | 38. | Rubber, synthetic or natural, including articles manufactured with rubber as an ingredient | 930 kgs. | | 39. | Asphaltum | 930 kgs | | 40. | Wax in any form | 50 kgs. | | 41. | Bamboo | Any quantity not exceeding - 3,730 kgs. | | 42. | Matches | 5 cases or 36,000 small boxes. | | 43. | Plastics except those made from one or more of the following ingredients, namely: - | | | | (i) Urea Formaldehyde Moulding Powder. | 370 kgs. | | | (ii) Phenol Formaldehyde Moulding Powder. | Do. | | | (iii) Polystyrene Moulding Powder | Do. | | | (iv) Cellulose Acetate Moulding Powder. | Do. | | | (v) Cellulose Acetate Butyrate Moulding Powder. | Do. | | | (vi) Polyvinyl Chloride Moulding Powder. | Do. | | | (vii) Methyl-Methacrylate Moulding Powder. | Do. | | | (viii) Polythylene Moulding Powder. | Do. | | | Provided that it is certified by the Director, Tamil Nadu Fire Service1, on an application being made to him that no other inflammable solvent or materials has been used in their manufacture and that they are stored in such manner as not to constitute any special hazard from fire. | | | 44. | Wool | Any quantity not exceeding - 190 kgs. | | 45. | Paper unless it is properly stacked and tightly pressed or baled. | 930 kgs. | | 46. | Cardboard unless it is properly stacked and tightly pressed or baled. | 930 kgs. | | 47. | Pressed paperboard unless it is properly stacked and tightly pressed or baled. | 930 kgs. | | 48. | Kapok | 1,870 kgs | | 49. | Soft Coke | 4,060 kgs. | | 50. | Hard Coke | 4,060 kgs. | | 51. | Gas Coke | 4,060 kgs. | | 52. | Asphalted oiled or tarred paper | 930 kgs. | | 53. | Articles made of wood (excluding furniture kept in a building or place for ordinary use) | 1,870 kgs. | | 54. | Articles made of Celluloid | 50 kgs. | | 55. | Articles made of Shellac | 930 kgs. | | 56. | Articles made of bamboo | 3,730 kgs. | | 57. | Articles made of darma | 930 kgs. | | 58. | Articles made of wax | 50 kgs. | | 59. | Lacquers | | | 60. | Rayon (Yarn) | | | 61. | Articles made of plastics except those made from one or more of the following ingredients, namely: - | | | | (i) Urea Formaldehyde Moulding Powder. | 370 kgs. | | | (ii) Phenol Formaldehyde Moulding Powder. | Do. | | | (iii) Polystyrene Moulding Powder. | Do. | | | (iv) Cellulose Acetate Moulding Powder | Do. | | | (v) Cellulose Acetate Butyrate Moulding Powder. | Do. | | | (vi) Polyvinyl Chloride Moulding Powder | Do. | | | (vii) Methyl-Methacrylate Moulding Powder | Do. | | | (viii) Polyethylene Moulding Powder | Do. | | | Provided that it is certified by the Director, Tamil Nadu Fire Service, on an application being made to him that no other inflammable solvent or materials has been used in their manufacture and that they are stored in such manner as not to constitute any special hazard from fire. | | | 62. | Castor-Oil | 1,870 kgs | | 63. | Linoleum | 3,730 kgs. | | 64. | Paint thinners | 180 Its. | | 65. | Petroleum Jelly | 370 kgs. | | 66. | Silk (yarn) | 190 kgs. | | 67. | Finely divided cork | 190 kgs. | | 68. | Beedi leaves or salpata | 370 kgs. | | 69. | Camphor | 50kgs. | | 70. | Sisal Fibre | 930 kgs. | | 71. | Manila Fibre | 930 kgs. | | 72. | Lubricating Oil | 700 kgs. | Inflammable Chemicals | | | | | --- | --- | --- | | 1. | Ammonium Nitrate stored or kept at educational institutions | 25 kgs. | | 2. | Ammonium Nitrate stored or kept at other places | 20 kgs. | | 3. | Potassium Dichromate stored or kept at educational institutions | 40 kgs. | | 4. | Potassium Dichromate stored or kept at other places | 20 kgs. | | 5. | Potassium Permanganate stored or kept at educational institutions | 40 kgs. | | 6. | Potassium Permanganate stored or kept at other places | 20 kgs. | | 7. | Chlorates | 20 kgs. | | 8. | Potassium Nitrate | 20 kgs. | | 9. | Picric Acid | 5 kgs. | | 10. | Sodium (Metal) stored or kept at educational institutions | 10 kgs. | | 11. | Sodium (Metal) stored or kept at other places | 5 kgs. | | 12. | Potassium (Metal) stored or kept at educational institutions | 10 kgs. | | 13. | Potassium (Metal) stored or kept at other places | 5 kgs. | | 14. | Phosphorous (Yellow) stored or kept at other places | 5 kgs. | | 15. | Phosphorous (Yellow) stored or kept at educational institutions | 20 kgs. | | 16. | Sulphur stored or kept at educational institutions | 70 kgs. | | 17. | Sulphur stored or kept at other places | 40 kgs. | | 18. | Inflammable organic solvents stored or kept at educational institutions | 1,000 kgs. | | 19. | Inflammable organic solvents stored or kept at other places | 1,00 kgs. | | 20. | Calcium Carbide | 2,00 kgs. | | 21. | Gas Cylinder - Hydrogen, Oxygen or Acetylene stored or kept at educational institutions | 1,000 cu. metres. | | 22. | Gas Cylinder - Hydrogen, Oxygen or Acetylene stored or kept at other places | 400 cu. metres. | | 23. | Acetate stored or kept at educational institutions | 45 Its. | | 24. | Acetate stored or kept at other places | 20 Its. | | 25. | Aniline stored or kept at educational institutions | 45 Its. | | 26. | Aniline stored or kept at other places | 20 Its. | | 27. | Benzine stored or kept at educational institutions | 180 Its. | | 28. | Benzine stored or kept at other places | 90 Its. | | 29. | Benzol stored or kept at educational institutions | 180 Its. | | 30. | Benzol stored or kept at other places | 90 Its. | | 31. | Butane liquid stored or kept at educational institutions | 10 Its. | | 32. | Butane liquid stored or kept at other places | 5 Its. | | 33. | Carbon Bi/Di-sulphide stored or kept at educational institutions | 10 Its. | | 34. | Carbon Bi/Di-sulphide stored or kept at other places | 5 Its. | | 35. | Cellosolve stored or kept at educational institutions | 45 Its. | | 36. | Cellosolve stored or kept at other places | 20 Its. | | 37. | Cleaning solvents (dry-cleaners) stored or kept at educational institutions | 45 Its. | | 38. | Cleaning solvents (dry-cleaners) stored or kept at other places | 20 Its. | | 39. | Ethyl Alcohol stored or kept at educational institutions | 45 Its. | | 40. | Ethyl Alcohol stored or kept at other places | 20 Its. | | 41. | Ethyl Ether stored or kept at educational institutions | 180 Its. | | 42. | Ethyl Ether stored or kept at other places | 90 Its. | | 43. | Ethyl Chloride stored or kept at educational institutions | 180 Its. | | 44. | Ethyl Chloride stored or kept at other places | 90 Its. | | 45. | Fuel oils stored or kept at educational institutions | 360 Its. | | 46. | Fuel oils stored or kept at other places | 180 Its. | | 47. | Naphtha stored or kept at educational institutions | 45 Its. | | 48. | Naphtha stored or kept at other places | 20 Its. | | 49. | Naphthalene stored or kept at educational institutions | 40 Its. | | 50. | Naphthalene stored or kept at other places | 20 kgs. | | 51. | Aluminium dust stored or kept at other places | 100 kgs. | | 52. | Aluminium dust stored or kept at educational institutions | 200 kgs. | | 53. | Magnesium dust stored or kept at educational institutions | 200 kgs. | | 54. | Magnesium dust stored or kept at other places | 100 kgs. | | 55. | Zinc dust stored or kept at educational institutions | 200 kgs. | | 56. | Zinc dust stored or kept at other places | 100 kgs. | | 57. | Nitric Acid stored or kept at educational institutions | 360 kgs. | | 58. | Nitric Acid stored or kept at other places | 180 kgs. | | 59. | Sulphuric Acid stored or kept at educational institutions | 360 kgs. | | 60. | Sulphuric Acid stored or kept at other places | 180 kgs. | | 61. | Carbon monoxide gas stored or kept at educational institutions | 800 cu.mts. | | 62. | Carbon monoxide gas stored or kept at other places | 400 cu.mts. | | 63. | Methane gas stored or kept at educational institutions | 800 cu.mts. | | 64. | Methane gas stored or kept at other places | 400 cu.mts. | | 65. | Ethylene gas stored or kept at educational institutions | 800 cu.mts. | | 66. | Ethylene gas stored or kept at other places | 400 cu.mts. | | 67. | Sulphuretted hydrogen gas stored or kept at educational institutions | 800 cu.mts. | | 68. | Sulphuretted hydrogen gas stored or kept at other places | 400 cu.mts. | | 69. | Coal gas stored or kept in cylinders and holders at educational institutions | 800 cu.mts. | | 70. | Coal gas stored or kept in cylinders and holders at other places | 400 cu.mts. | | 71. | Producer gas stored or kept in holders at educational institutions. | 800 cu.mts. | | 72. | Producer gas stored or kept in holders at other places | 400 cu.mts. | | 73. | Red Phosphorus stored or kept at educational institutions | 45 kgs. | | 74. | Red Phosphorus stored or kept at other places | 20 kgs. | | 75. | Phosphorus Pentasulphide stored or kept at educational institutions | 10 kgs. | | 76. | Phosphorus Pentasulphide stored or kept at other places | 5kgs. | | 77. | Sodium Nitrate stored or kept at educational institutions | 40 kgs. | | 78. | Sodium Nitrate stored or kept at other places | 20 kgs. | | 79. | Barium Nitrate stored or kept at educational institutions | 40 kgs. | | 80. | Barium Nitrate stored or kept at other places | 20 kgs. | | 81. | Calcium Nitrate stored or kept at educational institutions | 40 kgs. | | 82. | Calcium Nitrate stored or kept at other places | 20 kgs. | | 83. | Toluene stored or kept at educational institutions | 90 Its. | | 84. | Toluene stored or kept at other places | 45 Its. | | 85. | Phenol stored or kept at educational institutions | 180 Its. | | 86. | Phenol stored or kept at other places | 90 Its. | | 87. | Xylene stored or kept at educational institutions | 90 Its. | | 88. | Xylene stored or kept at other places | 45 Its. | | 89. | Turpentine stored or kept at educational institutions | 360 Its. | | 90. | Turpentine stored or kept at other places | 180 Its. | | 91. | Calcium cynamide stored or kept at educational institutions | 750 kgs. | | 92. | Calcium cynamide stored or kept at other places | 370 kgs. | | 93. | Cellulose Acetate or Cellulose stored or kept at educational institutions | 40 Its. | | 94. | Cellulose Acetate or Cellulose stored or kept at other places | 20 Its. | | 95. | Collodion stored or kept at educational institutions | 40 Its. | | 96. | Collodion stored or kept at other places | 20 Its. | | 97. | Chromates and Di-chromates stored or kept at educational institutions | 70 kgs. | | 98. | Chromates and Di-chromates stored or kept at other places | 40 kgs. | | 99. | Calcium Phosphide stored or kept at educational institutions. | 750 kgs. | | 100. | Calcium Phosphide stored or kept at other places | 370 kgs. | | 101. | Methylethyl Ketone stored or kept at educational institutions | 45 Its. | | 102. | Methylethyl Ketone stored or kept at other places | 90 Its. | Appendix - II Form of Defaulter Notice to be Sent To The Defaulter (See section 15) Whereas, it is necessary in the public interest and safety, ............. is hereby direct you, Thiru/Tmt./Miss. ......................................./Firm/Company/ Institution/Public/Private Buildings/ Owner/Possessor of Fire Service Licence No................. have violated the condition No............... by not maintaining in satisfactory working condition or defective or having not produced thereby endangering lives and property of the inmates and public in and around your premises. Take notice hereby that you are directed to rectify the above defect and reset the fire protection system ensuring the safety within 15/30/90 days from the date of receipt of this notice lest, fire service licence issued to you shall be suspended/ your renewal application refused/your fire service licence cancelled besides action will be taken to prosecute in the Court of Law under section............of the Tamil Nadu Fire Service Act, 1985 read with rule No.............and furnished. You are directed to acknowledge the receipt of this notice in the duplicate. Signature of the Authority. To Thiru............. Copy to the Licensing Authority. Copy to All Superior Fire Officers of the jurisdiction. Appendix-III Form of Application for Applying fire Licence (See section 13) | | | | | --- | --- | --- | | 1. | Premises number and name of building | | | 2. | Occupants - | | | | (a) Name of firm or company or business or factory. | | | | (b) Name of the proprietor/owner | | | | (c) Name of contractor | | | 3. | Description of - | | | | (a) Nature of business, trade or process. | | | | (b) Commodities and quantities applied for | | | | (c) Position of storage in relation to number of rooms, floor area, etc. | | | | (d) Commodities already licensed together with quantities(By Municipality, State or Central Government), State Licence Number | | | | | | | (e) Trade, business or commodities applied for and disapproved with reasons, if any. | | | 4. | Building - | | | | (a) Constructional features (Fire resistance of the building in hours). | | | | (i) General - | | | | Low fire risk - cement concrete or brick-walled. | | | | Medium fire risk - brick-walled and timber framed. | | | | High fire risk - mostly timber framed such as timber | | | | floors, timber roof, timber staircase, etc. | | | | (ii) Particulars - | | | | Number of storeys and basement, if any. | | | | Walls | | | | Doors | | | | Windows (barred, etc.) | | | | Verandahs or balconies | | | | Floors | | | | (Attics, Mezzanine floors, etc.) | | | | Ceiling | | | | Roof (or terrace) | | | | Number of staircases and position enclosed or open | | | | (b) Other occupations within/all-round the proposed building (shops, godowns, factories, workshops, hotels, departmental stores, schools, hospitals, residences, offices, etc.) | | | 5. | Observation - | | | | (i) Width of road/street/lane | | | | (ii) Accessibility for Fire - engines | | | | (iii) Nearest Fire hydrant | | | | (iv) Bounded on (if open space, state width and whether road, lane, by-lane or sweeper's lane. If structures, state shed, building, etc., and proximity). | | | | North | | | | South | | | | East | | | | West | | | 6. | Nearest means of communication - | | | | (i) Telephone | | | | (ii) Street Fire - Alarm | | | | (iii) Police Chowki or Station/Telephone No. | | | 7. | Installed fire-fighting equipment, if any. | | | | (buckets, sand, fire-extinguishers and their types, First-Aid, hose reel, private hydrants and hose, sprinklers, pumps, etc.) | | | 8. | Fire detection - | | | | (i) Fire detecting and alarm systems, if any | | | | (ii) Watchman, if any. | | | 9. | Water-supply, other sources, if any, lists, Static Tanks, Wells, Ponds, etc., Storage tanks (Overhead, surface or underground). | | Certified that the above particulars furnished are true to the best of my knowledge. Signature of the applicant. Appendix -IV Form of Fire Service Licence (See section 13) Licence No. Date.. Licence is hereby granted under section 13 of the Tamil Nadu Fire Service Act, 1985, for selling/storing/processing/pressing/transporting of the works/crackers/petroleum items/L.P.G. Gas cylinders/explosives, other items ........ (Mention whichever is applicable) within the jurisdiction of ................. Municipality/Panchayat/Corporation at the premises No..............Street/Road ........ Taluk/Town .......... District ........... subject to the condition noted thereon and such other conditions as may be prescribed. (Office Seal with date.) Director of Fire Service/ Divisional Fire Officer. Appendix - V Registers to be Maintained by The Fire Service Department and The Licensee (See section 13) Part I – ... Fire Service Department. --------------------------------------- Part II – ... Licensee. ------------------------- Part III – ... Register of Fire Drills to be maintained by the Licensee. -------------------------------------------------------------------------- Part-1 (Fire Service Department) | | | | | | | | --- | --- | --- | --- | --- | --- | | SI. No. | Licence number and date and authority | Nature of factory and its location | Nature of occupancy | Risk involved | Details of fire protection measures to be strictly observed as per the conditions of licence | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Breach of condition, conditions with reference to date and time of visit, inspection of the Fire Officers concerned | Details of notice to the defaulter and rectification or the details of cancellation or refusal to renew the licence or the details of prosecution and result | Details of renewal | Initial of the Officer of the concerned Jurisdiction, Area | Special remarks, if any, by the Superior Officers | Complaints by the Jurisdiction, Area Fire Officer | | (7) | (8) | (9) | (10) | (11) | (12) | | | | | | | | Part - II (Licensee) Name of Factory........................... Licensing Authority....................... Fire Service Licensing Authority............ Fire Service Licence No................... Licence No........................... Name of Proprietor/Owner.................. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | List of fire protection arrangements as per the conditions of Fire Service Licence | Date of checking as per periodicity prescribed for each item of fire protection arrangements as per column (1) | Date of inspection or surprise check by authorised Fire Officers with their name and designation | The remarks of inspection visiting authorised Fire Officers | Compliance by the licensee | Whether the compliance was accepted or not. If not what was the future action taken by the licensee | Signature of licensee | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | Note: - Maintenance of this register in Part II by the licensee is a condition of Fire Service Licence and it is permanent register for the licensee till the licence ceases. Part - III Register of Fire Drill to be Maintained by the Licensee | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Date of drill | Name and designation of the employee of the licensed who conducted the fire drill | Name of the persons participated and their roll | Defects noticed | Signature of the persons conducted the drill and the particulars | Compliance for the defects noticed by the employee conducted the fire drill | Signature of licensee | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | Appendix - VI Form of Inspection - Report 1 (See section 13) Tamil Nadu Fire Service Manual Orders 249, 250, 252, 253, 254, 255, 256, 259 and 263 | | | | | --- | --- | --- | | 1. | Present: | | | | Name of Officer who issues Licence: | | | | Designation: | | | | Division: | | | 2. | Subject: | | | | | Case Number Reference. | | | | Date:......... | | | | | | 3. | Date of inspection and by whom ? | | | 4. | Premises number and name of building | Street | | 5. | Licence required under which Act, Rules (as per Appendix XXI to Tamil Nadu Fire Service Manual - Order 249) | | | 6. | Occupants: | | | | (a) Name of firm or company or business or factory. | | | | (b) Name of the proprietor or owner. | | | | (c) Name of contract, storage/transport/handling/processing | | | 7. | Description: | | | | (a) Nature of business, trade, process or industry (Detailed notes on the raw materials/Chemicals/Machinery/Electric Motors /Boilers used) | | | | (b) Commodities and quantities applied for in case of storage of chemicals with reference to Explosives/Petroleum Rules, 1976, Arms Act and the Rules made thereunder. | | | | | | | (c) Position of storages in relation to number of rooms, floor area. | | | | (d) Commodities already licensed together with quantities (By Municipality, State or Central Government), State Licence Number. | | | | (e) Trade, business or commodities applied for and disapproved with reasons, if any | | | 8. | Description: | | | | (a) Constructional features: | | | | (i) General - | | | | Low risk - cement concrete or brick - Medium risk - brick-walled and timber framed. | | | | (ii) Particulars - | | | | Number of storeys and basement, if any. | | | | Walls | | | | Doors | | | | Windows (barred, etc.) | | | | Verandahs or balconies | | | | Floors - | | | | (Attics, Mezzanine, floors, lofts) | | | | Ceiling - | | | | Roof (or terrace) | | | | Number of staircases and position | | | | Enclosed or open | | | | Number of lifts - enclosed or open | | | | Emergency escapes, if any, whether the prescribed distance is maintained around the premises and in between storages and other safeguards as per Appendix XXIII and XXIV to Order 250 of the Tamil Nadu Fire Service Manual, Volume II. | | | | (b) Other occupations: | | | | Shops, godowns, factories, workshops, hotels, departmental stores, schools, hospitals, residences, offices. | | | 9. | Observations: | | | | (i) Width of road/street/lane | | | | (ii) Accessibility for Fire-engines | | | | (iii) Nearest Fire Hydrant | | | | (iv) Bounded on (if open space, state width and whether road, lane, by-lane or sweeper's lane. If structures, state shed, building and proximity) - | | | | North | | | | South | | | | East | | | | West | | | | Nearest means of communication - | | | | (i) Telephone | | | | (ii) Street Fire Alarm | | | | (iii) Fire Stations | | | | (iv) Police Chowkit or Station | | | 10. | Installed fire-fighting equipments, if any (buckets, sand, fire-extinguishers and their types, First-Aid, hose reel, private hydrants and hose, sprinklers, pumps). | | | | (Is it in accordance with the required seals as per ISI Codes, Rules/Act provisions ? - Specify.) | | | 11. | Fire detection - | | | | (i) Fire detecting alarm systems, fixed installations, if any. | | | | (ii) Watchman, if any. | | | 12. | Water-supply, other sources, if any, and gallonage. | | | | Static tanks, wells, ponds (capacity) and means of pumping. | | | | Storage tanks (overhead) , surface or underground (capacity) and means of pumping. | | | 13. | Recommendation - | | | | (a) Particulars - | | | | (i) Commodities and quantities | | | | (ii) Locations | | | | (iii) Storage arrangements | | | | (iv) Precautionary measures (suggested as per Codes / ISI / Rules / Acts- Specify.) | | | | (v) Structural recommendations (state whether it is in accordance with the regulations covering the trade) | | | | (vi) Protective measures (fire-fighting equipments) | | | | (suggested, as per Codes/ISI/Rules/Acts - Specify) | | | | (b) Submit this case paper after days/months to re-check if the requirements are satisfactorily carried out | | | | (c) General and other special details and recommendation | | | 14. | Whether issue of No Objection Certificate - | | | | (a) is recommended or not by the inspecting officer with his signature and date | | | | (b) Whether the recommendation is accepted by the officer competent to issue No Objection Certificate with his signature and date | | Signature of the Inspecting Authority. Appendix - VII [Form of Report to the Executive Magistrate] [Divisional Fire Officer II Class. Deputy Director of Fire Service I Class.] (See section 21) Report on the Fire Prevention Violation of..... | | | | | --- | --- | --- | | Year | Class | Case No. | | 1. | Name and address: | | | 2. | Nature of premises: | | | 3. | Types of fire risks involved: | | | 4. | Recommendations of the Fire Officer: | | | 5. | Time-limit allowed for compliance: | | | 6. | Date of warning notice for revocation/suspension of fire licence: | | | 7. | Appeals, if any, by the owner of the firm: | | | 8. | Remarks of the prosecuting officer: | | Signature of Prosecuting Authority. Appendix -VIII Form of Inspection Report Subsequent to Issue of Fire Licence (See section 13) | | | | --- | --- | | Licence No. | Purpose: | | Date: | Licence: | | Address: | Station: | Name of the Inspecting Officer (Inspection subsequent to issue of Fire Licence) | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Number | Location | Complaints | Regular Inspection | Re-Inspection | Notice Served | Personally abated hazard | Remark | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Breach of condition noticed on re-inspection | Change in business or occupation , if any | Compliance details of party | Re-Inspection | Perusal details, if any | | (9) | (10) | (11) | (12) | (13) | | | | | | | | | | | | | --- | --- | --- | --- | | Disposal of perusal action | Cancellation of Licence details | Noting events after inspection | Initial of the licensing authority | | (14) | (15) | (16) | (17) | | | | | | Appendix - IX [See section 7 of the Act and rule 14(c) ] Member of Fire Service - Certificate | | | | --- | --- | | | | This is to certify that Thiru......has successfully undergone the authorised course of Fireman/Fireman Driver/Driver Mechanic/Station Fire Officer/Divisional Fire Officer (Training) as per rule 14(c) of the Tamil Nadu Fire Service Rules, 1990 and under section 7 of the Tamil Nadu Fire Service Act, 1985 (Tamil Nadu Act 40 of 1985 ) in the Tamil Nadu Fire Service Training School and has been awarded a full-fledged membership and declared his professional skill and competency to fire-fighting, fire prevention and fire engineering and he is hereby authorised to perform all the functions and duties assigned to him under the above said rule and Act and he is declared to be a member of the Tamil Nadu Fire Subordinate Service. Seal and date of the AdministrativeDepartment in the Government of Tamil Nadu (Home) . Signature of the Authority. Appendix - X List of Records and Registers to be maintained in the Fire Station, Mobile Repair Squad, Divisional Fire Office, Regional Fire Office, Workshop, Training Centre and in the Directorate The list of records and registers to be maintained in the Fire Station, Mobile Repair Squad, Divisional Fire Office, Regional Fire Office, Workshop, Training Centre and in the Directorate as in vogue and as prescribed, from time to time, by the Director of Fire Service. Form No. 18 Weekly Report Weekly Report of Thiru.................Divisional Fire Officer. Division for the week ending ............ Saturday. | | | | --- | --- | | Despatched: | | | R. by Dy. D.F.S. | 1. | Number of Fire Stations in the Division. | | | D. by Dy. D.F.S. | 2. | Number inspected during the last month. | | | | 3. | Number inspected during the current month. | | | | 4. | Number of orderly rooms held. | | | | | | Serious fires. Ordinary fires. Emergency calls. | | R. by D.F.S. | 5. | Number of incidents during the week. | | | D. by D.F.S. | 6. | Number of calls attended during the week. | | | | | | MTU FT TP. Amb Special appliances | | R. by Dy. D.F.S. | 7. | Number of vehicles sanctioned. | | | D. by Dy. D.F.S. | | | R. by D.F.O. | 8. | Number of vehicles fit for use | | | | | LF DM FD. FM. Total | | | 9. | Vacancies at the beginning of the week | | | | 10. | Vacancies that occurred during the week | | | | 11. | Vacancies filled up during the week | | | | 12. | Vacancies remaining unfilled at the end of the week | | Details of Vehicles out of Commission (Difference Between Items (7) and (8) Above to be Accounted) | | | | | | --- | --- | --- | --- | | Registration number and station to which attached | Type of vehicle, make and model | Date from which the vehicle is off the run | Step taken for repairs, progress made and probable date by which the vehicle will be put on the run | | (1) | (2) | (3) | (4) | | | | | | Monday ...........
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acts
State of Telangana - Act -------------------------- Telangana Prevention of Dangerous Activities of Communal Offenders Act, 1984 ------------------------------------------------------------------------------ TELENGANA India Telangana Prevention of Dangerous Activities of Communal Offenders Act, 1984 ============================================================================== Act 30 of 1984 ---------------- * Published on 1 June 2016 * Commenced on 1 June 2016 Telangana Prevention of Dangerous Activities of Communal Offenders Act, 1984 (Act No. 30 of 1984 ) Last Updated 30th December, 2019 The Andhra Pradesh Prevention of Dangerous Activities of Communal Offenders Act, 1984 received the assent of the President on the 20th September, 1984. 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.] Prevention of Dangerous Activities of Communal Offenders Act, 1984. (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 the 27th January, 1984. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "acting in any manner prejudicial to the maintenance of public order" means engaging in or making preparations for engaging in any of the activities which affect adversely or is likely to affect adversely the maintenance of public order. Explanation. - For the purpose of this clause, public order shall be deemed to have been affected adversely or shall be deemed likely to be affected adversely inter alia, if any of the activities of the communal offenders directly or indirectly is causing or calculated to cause any harm, danger or alarm, or a feeling of insecurity among the general public or any section thereof or a grave or wide-spread danger to life; (b) "Communal offender" means a person who, either by himself or as a member or as leader of a gang or an organisation commits or attempts to commit or abets or incites the commission of offences punishable under section 153A and section 153B of the Indian Penal Code, or under Chapter XV of the said Code. (c) "detention order" means an order made under section 3; (d) "detenu" means a person detained under a detention order; (e) "Government" means the State Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] . ### 3. Power to make an order detaining communal offenders. (1) The Government may, if satisfied with respect to any communal offender, that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do make an order directing that such person be detained: Provided that the period specified in the order made by the Government under this sub-section shall not in the first instance exceed four weeks, but the Government may if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time so that the total period shall not exceed six months. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of the District Magistrate or Commissioner of Police the Government are satisfied that it is necessary so to do, they may, by order in writing direct that during such period as may be specified in the order such District Magistrate or Commissioner of Police may also if satisfied as provided in sub-section (1) exercise the powers conferred by the said sub-section. (3) When any order is made under this section by an officer mentioned in sub-section (2) he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter and no such order shall remain in force for more than two weeks after the making thereof, unless, in the mean time it has been approved by the Government. ### 4. Execution of detention order. - A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest, under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). ### 5. Power to regulate place and conditions of detention. - Every person in respect of whom a detention order has been made shall be liable- (a) to be detained in such place and under such conditions including conditions as to maintenance, discipline and punishment for breaches of disciplne, as the Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, within the State by an order of the Government. ### 6. Detention orders not to be invalid or inoperative on certain grounds. - No detention order shall be invalid or inoperative merely by reason- (a) that the person to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order; or (b) that the place of detention of such person, though within the State, is outside the said limits. ### 7. Power in relation to absconding persons. (1) If the Government have, or an officer mentioned in sub-section (2) of section 3 has reason to believe that a person in respect of whom a detention order has been made, has absconded, or is concealing himself so that the order cannot be executed, then, the provisions of section 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply in respect of such person and his property subject to the modifications mentioned in this sub-section and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court, where the detention order is made by the Government, any officer, not below the rank of District Magistrate or Commissioner of Police authorised by the Government in this behalf, or where the detention order is made by an officer mentioned in sub-section (2) of section 3, such officer, as the case may be, shall irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under sections 82, 83, 84 and 85 of the said Code for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action under the said sections. An appeal from any order made by any such officer rejecting an application for restoration of attached property shall lie to the Court of Session, having jurisdiction in the place where the said person ordinarily resides, as provided in section 86 of the said Code. (2) (a) Notwithstanding anything contained in sub-section (1) , if the Government have, or an officer mentioned in sub-section (2) of section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the officer, as the case may be, may, by order notified in the [Telangana Gazette] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] , direct the said person to appear before such officer, at such place and within such period as may be specified in the order. (b) If such person fails to comply with such order, unless he proves that, it was not possible for him to comply therewith, and that he had within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to so inform the officer mentioned in the order, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both. (c) Notwithstanding anything contained in the said Code, every offence under clause (b) shall be cognizable. ### 8. Grounds of order of detention to be disclosed to persons affected by the order. (1) When a person is detained in pursuance of a detention order, the authority making the order shall as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reason to be recorded in writing not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. ### 9. Constitution of Advisory Boards. (1) The Government shall, whenever necessary constitute one or more Advisory Boards for the purposes of of this Act. (2) Every such Board shall consist of a Chraiman and two other members, who are, or have been Judges or are qualified to be appointed as Judges of the High Court. ### 10. Reference to Advisory Board. - In every case where a detention order has been made under this Act, the Government shall, within two weeks from the date of detention of a person under the order, place before the Advisory Board constituted by them under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in the case where the order has been made by an officer mentioned in sub-section (2) of section 3 also the report by such officer under sub-section (3) of that section. ### 11. Procedure of Advisory Board. (1) The Advisory Board shall, after considering the material placed before it and, after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government or from the person concerned and if, in any particular case, the Advisory Board considers it essential so to do or if the person concerned desires to be heard either in person or through his legal advisor after hearing him in person or through his legal advisor submit its report to the Government, within three weeks from the date of detention of the person concerned. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) The proceedings of the Advisory Board and its report, excepting that part of the report, in which the opinion of the Advisory Board is specified, shall be confidential. ### 12. Action upon report of Advisory Board. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned, for such period, not exceeding the maximum period specified in section 3 as they think fit. (2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith. ### 13. Revocation of detention order. (1) Without prejudice to the provisions of section 15 of the Telangana General Clauses Act, 1891 (Act [1 of 1891 )] [Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] a detention order may at any time, be revoked or modified by the Government, notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 3. (2) The revocation of expiry of a detention order shall not bar the making of fresh detention order under section 3 aganist the same person, in any case, where fresh facts have arisen after the date of revocation or expiry, on which the Government or an officer, as the case may be, are or is satisfied that such an order should be made. ### 14. Temporary release of persons detained. (1) The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts and may at any time cancel his release. (2) In directing the release of any person under sub-section (1), the Government may require him to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction. (3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him the bond shall be declared to be forefeited and any person bound thereby shall be liable to pay the penalty thereof. ### 15. Protection of action in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act. ### 16. Detention orders against communal offender under this Act and not under National Security Act, 1980 (Central Act 65 of 1980). - On and after the commencement of this Act no order of detention under the National Security Act, 1980 (Central Act 65 of 1980) shall be made by the Government or any of their officers under that Act in respect of any communal offender in the State of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made against such person, under this Act. ### 17. Power to order closure of Press. (1) Whenever the Government are satisfied that any press has been used for the purpose of printing or publishing any newspaper, news sheet, book or other document containing matter, which is or which is likely to promote disharmony or feelings of enimity, hatred or ill-will between different religious or racial groups or castes or communities or cause fear to the public or to any section of the public whereby any person may be induced to commit an offence against the public order, they may order the closure of such press for such period or periods as they may deem necessary; which shall not in the aggregate exceed one month: Provided that no such order shall be made unless the press or the person incharge of the press has been given an opportunity of explaining within twenty four hours as to why such an order shall not be made: Provided further that in exceptional circumstances where it is not practicable to give an opportuntty as aforesaid for reasons to be recorded in writing an order for the closure of the press at once may be made; but the reasons for such closure shall be communicated to the press or the person incharge of the press within five days from the date of such closure: Provided also that the expiry of an order of closure shall not bar the making of a fresh order of closure against the same press in any case where fresh facts have arisen or the press continued to be used for the purpose mentioned in this sub-section, after the expiry of the earlier order of closure. (2) Any such power as is specified in sub-section (1) may also be exercised by the District Magistrate or the Commissioner of Police. (3) Any person aggrieved by an order made under sub-section (1) may, within seven days from the date of the order, prefer an appeal to the Metropolitian Sessions Judge in the case of twin cities of Hyderabad and Secunderabad and to the Principal District and Session Judge, elsewhere. Explanation. - For the purposes of this section,- (i) "document" includes any painting, drawing or photograph or other visible representation; (ii) "newspaper" means any periodical work containing public news or comments on public news; (iii) "news sheet" means any document other than a newspaper containing public news or comments on public news; (iv) "press" means a printing press, and includes all plant, machinery, duplicators, types, implements and other materials used for the purpose of, or in connection with, printing or multiplying documents. ### 18. Repeal of ordinance No.5 of 1984. - The Andhra Pradesh Prevention of Dangerous Activities of Communal Offenders Ordinance, 1984 is hereby repealed.
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State of Tamilnadu- Act ------------------------- Tamil Nadu Village Panchayats (Framing of Bye-Laws) Rules, 1999 ----------------------------------------------------------------- TAMILNADU India Tamil Nadu Village Panchayats (Framing of Bye-Laws) Rules, 1999 ================================================================= Rule TAMIL-NADU-VILLAGE-PANCHAYATS-FRAMING-OF-BYE-LAWS-RULES-1999 of 1999 --------------------------------------------------------------------------- * Published on 30 August 1999 * Commenced on 30 August 1999 Tamil Nadu Village Panchayats (Framing of Bye-Laws) Rules, 1999 Published vide Notification No. G.O. Ms. No. 177, Rural Development (C4), dated the 30th August 1999 - No. SRO A-64 (a-1)/99 Published in Part III - Section 1(a) , of the Tamil Nadu Government Gazette Extraordinary, dated the 1st September 1999. G.O. Ms. No. 177. - In exercise of the powers conferred by sub-section (1) of section 242 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994 ) and in supersession of the rules relating to framing of Bye-Laws by panchayats, the Governor of Tamil Nadu hereby makes the following rules: - ### 1. Short title. - These rules maybe called the Tamil Nadu Village Panchayats (Framing of Bye-laws) Rules, 1999. ### 2. Definition. - In these rules, unless the context otherwise requires, "Act" means the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994 ). ### 3. Power of the panchayat to frame bye-law. - A panchayat may frame bye-laws not inconsistent with the Act or rules made thereunder on matters enumerated below and also on such other matters required for implementing the provisions of the Act or any other law, to provide for - (a) all matters expressly required or allowed by the Act to be provided in bye-law; (b) the regulation of the time and mode of collection of taxes under this Act; (c) use of public tanks, wells, conduits and other places or works for drinking water supply; (d) the protection of avenues, trees, grass and other appurtenances of public street; (e) planting of trees by private persons in public lands on which the village panchayat has powers of control, protection and management and granting licences for the same; (f) the inspection of public and private markets and staff and other places therein, including the regulation of their use and the control of their sanitary conditions; (g) licencing and controlling brokers, commission agents, weighmen and measure practising their calling in markets, other than markets coming under regulated market committee; (h) prescribing the method of sale of articles whether by measure, weight, bale or piece; (i) the enumeration of inhabitants of the village panchayat area; (j) letting out of public place and buildings like Kalyana Mandapam, community hall, for public use; (k) procedure for getting temporary licences for encroachments made for putting up temporary structure during the times of fairs, ceremonies and seasonal covering and other purposes; (l) conditions to be prescribed while calling for tender for executing works or for supply of goods, materials and other than those prescribed under the rules; and (m) terms and conditions to be laid down while auctioning leases of rights of enjoyment of panchayat properties and collection of fees for various purposes. ### 4. Publication and deposit of bye-law. - Any bye-law or cancellation or alteration thereof when it has been duly confirmed shall, if it is not in Tamil, be translated into Tamil and also in any other language or languages in which the electoral roll of the village panchayat is published and deposited in the office of the village panchayat and a copy thereof shall also be exhibited on the notice board of the said office and at such places as the village panchayat or panchayat union council or district panchayat may direct. A public proclamation by beat of drum or otherwise that such copy has been so exhibited and that the original is open to inspection at the office of the village panchayat or panchayat union council or district panchayat. The period for receipt of objections or suggestions, if any, shall not be less than thirty days from the date of publication of such bye-law. ### 5. Manner of cancellation or alteration of bye-law. - No bye-law or cancellation or alteration thereof made by a village panchayat shall have effect, until the same has been approved and confirmed by the Inspector or any other officer authorised by him except those relating to drinking water supply and drainage works and by the Superintending Engineer, Tamil Nadu Water Supply and Drainage Board or any other technical officer notified by the Government, from time to time, in this regard in respect of those relating to drinking water supply and drainage works. ### 6. Effect of any bye-law. - Any bye-law or cancellation or alteration thereof shall come into force on the expiry of three months from the date on which it was deposited in the office of the village panchayat or panchayat union or district panchayat, as the case may be.
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State of Chattisgarh - Act ---------------------------- Chhattisgarh State Legal Services Authority Regulations, 2003 --------------------------------------------------------------- CHHATTISGARH India Chhattisgarh State Legal Services Authority Regulations, 2003 =============================================================== Rule CHHATTISGARH-STATE-LEGAL-SERVICES-AUTHORITY-REGULATIONS-2003 of 2003 --------------------------------------------------------------------------- * Published on 27 December 2003 * Commenced on 27 December 2003 Chhattisgarh State Legal Services Authority Regulations, 2003 Published vide Notification No 2478/S.L.S.A./03. dated 27-12-2003, published in C.G. Rajpatra, Part 1, dated 13-2-2004 at p 590 In exercise of the powers conferred by Section 29-A of the Legal Services Authorities Act, 1987 (No. 39 of 1987) and in consultation with the Chief Justice as required by sub-section (4) of Section 9 of the said Act, the State Legal Services Authority hereby makes the following regulations, namely :- Chapter-I Preliminary ### 1. Short title and commencement. (1) These regulations may be called the Chhattisgarh State Legal Services Authority Regulations, 2003. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these regulations, unless the context otherwise requires :- (a) "Act" means the Legal Services Authorities Act, 1987 (No. 39 of 1987); (b) "Aided person" means a person to whom Legal Services is provided in accordance with the provisions of the Act, rules and these regulations; (c) "Chairman" means the Chairman of the High Court Legal Services Committee, or as the case may be. the Chairman of the District Authority. (d) "Chief Justice" means the Chief Justice of the High Court of Chhattisgarh; (e) "Committee" means the High Court Legal Services Committee constituted under Section 8-A of the Act; (f) "District Authority" means the District Legal Services Authority constituted under Section 9 of the Act; (g) "Executive Chairman" means the Executive Chairman of the State Legal Services Authority constituted under Section 6 of the Act; (h) "High Court" means the High Court of Chhattisgarh; (i) "Legal Practitioner" the expression "Legal Practitioner" shall have the same meaning as assigned to it in the Advocates Act, 1961; (j) "Legal Service" includes the rendering of any service in the conduct of any case or other legal proceedings before any Court or other Authority or Tribunal and the giving of advice on any legal matter; (k) "Legal Service Advocate" means an Advocate who has been assigned any work related to legal services; (l) "Legal Service Counsel-cum-consultant" means an Advocate appointed as Legal Service Counsel-cum-consultant by the Committee, or, as the ease may be, by the District Authority; (m) "Member" means a Member of the High Court Legal Services Committee, or, as the case may be, a Member of the District Legal Services Authority; (n) "Rule" means a rule of the Chhattisgarh State Legal Services Authority Rules, 2003; (o) "Secretary" means the Secretary of the High Court Legal Services Committee constituted under Section 8-A of the Act; or as the case may be, the Secretary of the District Legal Services Authority constituted under Section 9 of the Act; (p) "State Authority" means the State Legal Services Authority constituted under Section 6 of the Act; (q) "Section" means a section of the Legal Services Authority Act, 1987; (r) "State Government" means the Government of the State of Chhattisgarh; (s) Words and expressions used in these regulations but not defined shall have the same meaning respectively assigned to them in the Act. Chapter-II Vesting of Executive Authority ### 3. The Executive Authority of the State Authority shall vest in the Executive Chairman and may be exercised through the Member Secretary who shall act under the control of the Executive Chairman : Provided that in respect of any decision to be taken, the Patron-in-Chief may give such advice as is deemed necessary. The Executive Authority of the District Authority shall vest in its Chairman and may be exercised through its Secretary who shall act under the control of the Chairman. The Executive Authority of the Taluk Committee shall vest in its Chairman and may be exercised either by himself or through such other officer who is chosen for the purpose. Chapter-II-A ### 3A. Power and function of the Patron-in-Chief. (1) The Patron-in-Chief, shall have overall supervision and control over the functioning of the State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authority and Taluk Legal Services Committee. (2) The Patron-in-Chief, shall at any time call upon the Member Secretary of the State Legal Services Authority, Secretary of the High Court Legal Services Committee, the Chairman and Secretary of the District Legal Services Authorities or the Taluk Committee, as the case may be and give such instructions from time to time to implement the schemes. (3) The Patron-in-Chief may undertake such tour throughout the State for promoting the Legal Services Programmes and the schemes of the Act and to implement in the perspective manner. The expenses incurred by the Patron-in-Chief, in respect of the tour and other programmes, shall be met out by the funds of the Chhattisgarh State Legal Services Authority. ### 3B. Meetings of the State Legal Services Authority. (1) The State Authority shall meet atleast once in three months at the place, date and time specified by the Patron-in-Chief or by the Executive Chairman of the Authority. (2) The meeting of the State Authority shall be presided over by the Patron-in-Chief or in his absence by the Executive Chairman and the quorum of the meeting of the State Authority shall be nine and no quorum shall be necessary for adjourned meeting. (3) All the subject matter of the agenda shall be decided in the meeting by the majority of votes of the members present and in case of equal number of the votes the person presiding shall have a second or casting vote. (4) Any ten members of the Authority may give a requisition in writing addressed to the Members Secretary for convening a meeting of the Authority for consideration of the subjects or matters specified therein. On receipt of such requisition, the Member Secretary shall after obtaining the orders of the Patron-in-Chief convene a meeting of the Authority within a month from the date of receipt of such requisition to consider the subject or matters specified in the requisition. (5) Any Member of the State Authority desiring consideration of any subject or matter at any meeting of the State Authority, may intimate in writing such subject or matter to the Member Secretary. If such intimation is received before issue of the notice of the meeting, the subject or matter, shall, if so directed by the Patron-in-Chief, be included in the Agenda of the Meeting. If such intimation is received after issue of the notice, the subject or matter may be considered at the meeting with the permission of the person presiding at the meeting. (6) The Member Secretary of the State Authority shall prepare the agenda of the meeting of the State Authority and the Executive Chairman shall, finally approve the Agenda with the previous sanction of the Patron-in-chief of the State Authority. The notice of even meeting of the State Authority, shall be given in writing by the Member Secretary to the Members, atleast 7 clear days before the date of the meeting. However, in urgent matters, the notice of only 3 days may be given. (7) The agenda of the meetings shall be sent to the Members alongwith the notice. (8) The Member Secretary shall draw up the minutes of the meeting of the State Authority and after it is approved by the Patron-in-Chief, send it, as soon as possible but not later than the date of dispatch of the notice of the next meeting. (9) The minutes shall contain a record of the decision taken and resolutions passed at the meeting and the discussions at the meeting shall not ordinarily form part of the minutes, unless the Patron-in-Chief or the Chairman of the meeting so directs. The minutes shall be recorded in a separate register maintained for that purpose in the office of the State Authority. (10) The minutes shall be read over at the next meeting of the State Authority and may suffestion which may be made by any Member of the State Authority may be considered. (11) The Member Secretary shall, at the commencement of the next meeting of the State Authority inform the members the action taken on the decisions taken in the previous meeting. (12) The signature of the Members present at the meeting shall be obtained in a register maintained for the purpose. (13) The Member Secretary may pass the TA bills of all the Members of the State Authority and the Committee and also of others who have attended the meetings or programmes of the State Authority. (14) The State Authority shall meet the expenses of such meetings. ### 3C. Allowances payable to the members of the State Authority. (1) The sitting fee payable to the non-official Members of the State Authority for attending the meeting or of any Committee thereof is as may be fixed by the Executive Chairman, with the approval of the Patron-in-Chief. (2) No allowances pay able to the Patron-in-Chief and Executive Chairman for attending the meetings of the State Authority or of any Committee thereof. Chapter II State Authority ------------------------------- Other functions to be performed by the State Authority ### 4. In addition to the functions to be performed by the State Authority, as laid down by Section 7(1) and 7(2) (a) (b) (c) of the Act, the State Authority may also perform the following functions :- (1) The State Authority may conduct legal literacy camps in different parts of the State, with a view to transmitting knowledge about the legal aid schemes conducted in the State, or with a view to spreading consciousness about the legal rights and duties of citizens with special reference to the tribal and rural populations, women, children, disabled, handicapped and the weaker sections of the Society. (2) The State Authority may conduct legal aid clinics in different parts of the State in collaboration with Law Colleges, Universities and other social service organisations. (3) The State Authority may also establish or direct the District Authority to establish conciliation committees at various centres in the State with a view to providing permanent or quasi-permanent infrastructure for resolving legal disputes between the parties, whether they may be pending in Courts or may be in the offing. For establishing such Committee it will be open to the State authority/or the District Authority to take active assistance/support of such social service organizations that have zeal for legal aid work. (4) May review the cases where legal services are refused by the District Authority, on application. Chapter-IV I-General ### 5. Number, experience and qualifications of other members of the High Court Legal Services Committee. (1) The Committee shall have not more than 5 members. (2) The following shall be ex-officio Members of the Committee :- (i) President, High Court Bar Association, Bilaspur. (ii) Additional Registrar (Judicial) of Chhattisgarh High Court. (3) The Chief Justice may nominate, not more than 2 Members from amongst those possessing experience and qualifications specified in sub-regulation (4). (4) A person shall not be qualified for nomination as a Member of the Committee unless he is :- (a) an eminent Social Worker. (b) an eminent person in the field of law. ### 6. Terms of office and other conditions relating thereto of the members of the Committee. (1) The term of the Office of Member of the Committee, other than ex-officio member, shall be two years : Provided that a Member shall be eligible for re-nomination for one more term. (2) (i) The Chief Justice may remove any Member of the Committee nominated under sub-regulation (3) of Regulation 5 who - (a) tails, without sufficient cause, to attend three consecutive meetings of the Committee; or (b) has been adjudged as insolvent; or (c) has been convicted of an offence which, in the opinion of the Chief Justice involves moral turpitude; or (d) has become physically or mentally incapable of acting as Member; (e) has abused his position as to render his continuance in the Committee prejudicial to the public interest. (ii) Notwithstanding anything contained in Cl. (i), no Member shall be removed from the Committee on the ground specified in sub-clause (e) of that clause unless the Chairman, on a reference being made to him in this behalf by the Committee, has, on an enquiry held by him in accordance with such procedure as he may specify in this behalf, recommended that the Member ought, on such ground, to be removed. (iii) a Member may, by writing under his hand addressed to the Chairman resign from the Committee and such resignation shall take effect from the date on which it is accepted by the Chairman. (3) Any vacancy in the Office of a Member of the Committee may be filled up in the same manner as provided for nomination and the person so nominated shall hold office for the residuary term of the Member in whose place he is nominated. (4) (a) All Members nominated under sub-regulation (3) of Regulation 5 shall be entitled to payment of travelling allowances, and daily allowances in respect of journeys performed in connection with the work of the Committee and shall be paid by the Committee in accordance with the rules as are applicable to Grade 'A' Officers, of the State Government. (b) All Members, shall function in an honorary capacity. (5) All Members covered under sub-regulation (2) of Regulation 5 and those nominated under sub-regulation (3) of that regulation, who happen to be serving Government Officers, shall be entitled to the payment of traveling allowances and daily allowances in respect of the journeys performed in connection with the work of the Committee in accordance with the provisions of the rules applicable to them and paid by the office from where the concerned Members shall be drawing their pay and allowances and expenditures on this account shall be debited to budget head to which their pay and allowances shall be debited. ### 7. Powers and functions of the Committee. (a) The powers and functions of the Committee shall be to administer and implement the legal services programme in so far as it relates to the High Court and for this purpose take all such steps as may be necessary and to act in accordance with the direction issued by the Central Authority or the State Authority from time to time - (b) to receive and scrutinize applications for legal services and to decide all questions as to grant of withdrawal of legal services on such terms and conditions as may be laid down by the Committee from time to time. (c) to maintain panel of advocates of the High Court for giving legal service. (d) to decide all matters relating to payment of honorarium, costs, charges and expenses of legal services to the Advocates of the High Court. (e) to prepare and submit returns, reports and statistical information in regard to the legal services programmes to the State Authority. ### 8. Powers and functions of the Chairman. (1) The Chairman of the Committee shall be in overall charge of administration and implementation of programmes of the Committee. (2) The Chairman shall call the meetings of the Committee convened through the Secretary atleast once in a period of three months. (3) The Chairman shall preside over the meeting of the Committee. (4) The Chairman shall have all the residuary powers of the Committee. ### 9. Terms of office and conditions of services of the Secretary of the Committee. - The Secretary of the Committee shall be Serving Additional Registrar nominated by the Chief Justice. ### 10. Functions and powers of the Secretary of the Committee. (1) The Secretary shall be the principal officer of the Committee and shall be the custodian of all assets, accounts, records and funds at the disposal of the Committee. (2) The Secretary shall maintain or cause to be maintained true and proper accounts of receipts and disbursements of the funds of the Committee and all other necessary records. (3) The Secretary shall convene meetings of the Committee with the previous approval of the Chairman and shall also attend meetings and shall be responsible for maintaining a true and correct record of the minutes of the proceedings of the Meetings. (4) All the orders and decisions of the Committee shall be authenticated by the Secretary of the Committee. ### 11. Meetings of the Committee. (1) The Committee shall meet at least once in three months on such date and at such time and place as the Chairman may direct. (2) The minutes shall be open to inspection at all reasonable times by the members of the Committee. (3) A copy of minutes shall, as soon as may be after the meetings, be forwarded to Executive Chairman of the State Authority. (4) The quorum for the meeting shall be three including the Chairman. (5) All questions which come up before any meeting of the Committee shall be decided by a majority of votes of the members present and voting and in case of a tie, the Chairman shall also have the casting vote. ### 12. Funds, audit and accounts of the Committee. (1) The Committee shall maintain a Fund to be called the High Court Legal Services Committee Fund to which shall be credited:- (a) such amounts as may be allocated and granted to it by the State Authority; (b) all such amounts as received by the Committee by way of donations; (c) all such amounts as received by way of costs, charges and expenses recovered from the persons to whom legal service is provided or the opposite party. (2) All the amounts credited to the said fund shall be deposited in a nationalised bank. Explanation. - In this sub-regulation "Nationalised Bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. (3) For the purpose of meeting incidental minor charges, such as court fee stamps and expenditure necessary for obtaining copies of documents etc. a permanent advance of Rupees two thousand five hundred shall be placed at the disposal of the Secretary of the Committee. (4) All expenditure on legal service, accommodation and staff of the Committee as also expenditure necessary for carrying out the various functions of the Committee shall be incurred out of the funds of the Committee with the prior approval of the Chairman. (5) The funds of the Committee may be utilised for meeting the expenses incurred on or incidental to journeys undertaken by the Chairman or other members of the Committee or the Secretary in connection with legal services activities. The travelling allowances and dearness allowances payable to the Chairman, the ex-officio members and the Secretary shall be such as to which they are entitled by virtue of their respective offices. (6) The Secretary of the Committee shall operate the bank accounts of the Committee in accordance with the directions of the Chairman. (7) The Committee shall cause to be kept and maintained true and correct accounts of all receipts and disbursement and furnish quarterly to the State Authority. (8) The account of the Committee shall be audited annually by a qualified auditor and submitted to the State Authority. I. Legal Services by the Committee ### 13. Application for Legal Services. (1) Any person desiring legal service for bringing or defending any action in the High Court may make an application in writing together with or without an affidavit in Form I to the Secretary. If the applicant is illiterate or is not in a position to sign the Secretary or an officer of the Committee may record his verbal submissions and obtain his thumb impression on the record and such record will be treated as his application. (2) The Committee shall maintain a register of applications wherein all applications for legal service shall be entered and registered date wise and the action taken on such applications shall be noted against the entry relating to such applications. ### 14. Disposal of Applications. (1) On receipt of any application for legal service Regulation 11, the Secretary shall first examine and determine or cause to be examined and determined the eligibility of the applicant as per the provisions of the Act and the rules. (2) If the applicant satisfies the eligibility criteria, the Secretary shall proceed to examine the merit of his application and if the applicant has merit in his application, the Secretary shall proceed to decide the mode of legal service. (3) An application for the grant of legal services in any matter, if it is not found meritorious may be rejected, for the reasons to be recorded in writing, by the Secretary. (4) In case of refusal for the grant of legal services, the Secretary shall inform the applicant in writing of such refusal. (5) The applicant whose application for grant of legal services has been rejected may prefer an appeal before the Chairman for a decision. ### 15. Mode of Legal Services. - Legal Services to be provided by the Committee may include any one or more of the following :- (a) payment of Court-fees, process and all other charges payable or incurred in connection with any legal proceedings; (b) charges for drafting, preparing and filing of any legal proceedings and representation by a legal practitioner in legal proceedings; (c) cost of obtaining and supply of certified copies of judgements, orders and other documents in legal proceedings; (d) cost of preparation of paper book (including paper, printing and translation of documents) in legal proceedings and expenses incidental thereto. ### 16. Legal Services not to be provided in certain cases. - Legal services shall not be given in the following cases, namely :- (1) Proceedings wholly or partly in respect of- (a) defamations; or (b) malicious prosecution; or (c) a person charged with contempt of court proceedings; and (d) perjury. (2) Proceedings relating to any election. (3) Proceedings incidental to any proceedings referred to in sub-regulations (1) and (2). (4) Proceedings in respect of offences where the fine imposed is not more than Rs. 50/-, (5) Proceedings in respect of economic offences and offences against social laws, such as. the Protection of Civil Rights Act, 1955 and the Immoral Traffic (Prevention) Act, 1956 unless in such cases the aid is sought by the victim : Provided that the Chairman may in an appropriate case grant legal services even in such proceedings. (6) Where a person seeking legal services :- (a) is concerned with the proceedings only in a representative or official capacity; or (b) if a formal party to the proceedings not materially concerned in the outcome of the proceedings and his interests are not likely to be prejudiced on account of the absence of proper representation. ### 17. Legal Services may be granted in certain cases. - Irrespective of the means test, legal service may be granted :- (a) in cases of great public importance; or (b) in special case, reasons for which to be recorded in writing which is considered otherwise deserving of legal services. ### 18. Legal Service Advocates and honorarium payable. (1) A panel of Legal Service Advocates shall be prepared by the Chairman of the High Court Legal Services Committee with the approval of Chief Justice. No person who has less than 7 years practice shall be included in the panel. (2) The Legal Service Advocate shall be paid such honorarium as may be fixed by the Committee, as per schedule appended to this regulation. (3) No Legal Service Advocate to whom any case is assigned either for legal advice or for legal services shall receive any fee or remuneration whether in cash or in kind or any other advantage, monetary or otherwise, from the aided person or from any other person on his behalf. However, the Executive Chairman shall reserve the right that in case any Legal Service Advocate accepts any remuneration from the aided person, then after getting him self satisfied he can withdraw the case from him and cancel his name from the panel after giving him due opportunity. (4) The Legal Service Advocate who has completed his assignment, shall submit a statement showing the honorarium due to him together with the report of the work done in connection with the legal proceedings conducted by him on behalf of the aided person, to the Secretary or the Committee, who shall, after due scrutiny sanction the fee and expenses payable to him. It will, however, be open to the Legal Service Advocate to waive the honorarium wholly or partially. In case of any dispute on the quantum payable to the Legal Service Advocate, the matter shall be placed before the Chairman for decision, whose decision shall be final. However, the Secretary may make interim payment of honorarium and expenses incurred by such Legal Service Advocate. ### 19. Duties of aided person. (1) A person seeking legal services shall comply with any requisition made on or direction given to him by the Secretary of the Committee or any of its members from the date the application for legal services is made till he enjoys the legal services granted to him. (2) Every such person shall execute an undertaking-cum-declaration in Form II that in the event of the Court passing a decree or order in his favour awarding costs to him or other monetary benefit or advantage, to repay by way of reimbursement to the Committee all costs, charges and expenses reimbursement, he shall authorize the Secretary of the Committee. The costs, charges and expenses so recovered shall be credited to the Fund of the Committee. (3) Every aided person or his representative shall attend the office of the Committee as and when required by the Committee or by the Legal Service Advocate rendering legal aid to him and shall furnish full and true information and shall make full disclosure to the Legal Service Advocate concerned and shall attend the Court, as and when required, at his own expense. ### 20. Withdrawal of Legal Services. (1) The Committee may either on its own motion or otherwise, withdraw legal services granted to any aided person in the following circumstances, namely :- (a) in the event of it being found that the aided person was possessed of sufficient means or that he obtained legal service by misrepresentation or fraud; (b) in the event of any material change in the circumstances of the aided person; (c) in the event of any misconduct, misdemeanour or negligence on the part of aided person in the Court of receiving legal services; (d) in the event of the aided person not co-operating with the Committee or with the Legal Service Advocate assigned by the Committee; (e) in the event of the aided person engaging a legal practitioner other than the one assigned by the Committee; (f) in the event of death of the aided person, except in the case of civil proceedings where the right or liability survives; (g) in the event of the application for legal service or the matter in question is found to be an abuse of the process of law or of legal service : Provided that legal services shall not be withdrawn without giving due notice thereof to the aided person or to his legal representatives in the event of his death to show cause as to why the legal service should not be withdrawn : Provided further that no notice shall be necessary for withdrawal of legal service under clause; (h) on the recommendation of the Court concerned where matter is pending. (2) Where the legal services are withdrawn on the grounds set out in Cl. (a) of sub-regulation (1) the Committee shall be entitled to recover from the aided person the amount of legal service granted to him. Chapter-V General ### 21. Terms of office and other conditions relating thereto of the members of the District Authority. (1) The terms of office of a member of the District Authority, other than ex-officio member, shall be two years : Provided that a member shall be eligible for renomination for one more term. (2) (a) (i) A member of the District Authority nominated under sub-rule (3) of Rule 1 may be removed by the State Government if in the opinion of State Government, he is not desirable to continue as a member. (ii) A member may, by writing under his hand addressed to the Chairman, District Authority, resign from the District Authority and such resignation shall take effect from the date on which it is accepted by the Chairman. (b) Any vacancy in the office of a member of the District Authority may be filled up in the same manner as provided for the nomination and the person so nominated. (3) (a) All members nominated under sub-rule (3) of Rule 13 shall be entitled to payment of travelling allowances and daily allowances in respect of journeys performed in connection with the work of the District Authority and shall be paid by the District Authority in accordance with the rules as are applicable to Grade 'B' Officers of the State Government. (b) All members shall function in an honorary capacity. (4) All members, who happen to be serving Government officers or employees, shall be entitled to the payment of travelling allowances and daily allowances in respect of journeys performed in connection with the work of the District Authority in accordance with the provisions of the rules applicable to them and be paid by the office from where the concerned members, shall be drawing his pay and allowances and expenditure on this account shall be debited to the budget head to which their pay and allowances shall be debited. ### 22. Other functions of the District Authority. - The District Authority besides functions specified in Section 10 shall perform the following functions, namely :- (a) give legal service within the district to persons who satisfy the criteria under the Act; (b) undertake preventive and strategic legal aid programmes within the district; (c) administer and implement the legal services programmes in so far as it relates to the Courts within the district and for this purpose take all such steps as may be necessary and to act in accordance with the directions issued by the Central Authority or the State Authority from time to time; (d) receive and scrutinize applications for legal services and decide all questions as to the grant or withdrawal of a legal service. (e) decide all matters relating to payment of honorarium, costs, charges and expenses of legal services to the Advocates; and (f) prepare and submit returns, reports and statistical information in regard to the legal services programmes to the State Authority. ### 23. Powers and functions of the Chairman of the District Authority. (1) The Chairman of the District Authority shall be in overall charge of administration and implementation of the programmes of the State Authority and that of the District Authority. (2) The Chairman shall call meetings of the District Authority convened through the Secretary of District Authority at least once in a period of three months. (3) The Chairman shall have all the residuary powers of the Committee. ### 24. Terms of office and other conditions relating thereto of the Secretary of the District Authority. (1) The Secretary of the District Authority shall hold office for a term not exceeding 3 years. ### 25. Functions and powers of the Secretary of the District Authority. (1) The Secretary shall be the Principal Officer of the District Authority and shall be the custodian of all assets, accounts, records and funds at the disposal of the State Authority, and all other necessary records. (2) The Secretary shall maintain or cause to be maintained true and proper accounts of receipts and disbursements of the funds of the District Authority. (3) The Secretary shall convene meetings of the District Authority with the previous approval of the Chairman of the District Authority and shall also attend meetings, and shall be responsible for maintaining a record of the minutes of the proceedings of the meeting. ### 26. Meeting of the District Authority. (1) The District Authority shall meet atleast once in three months on such dates and at such place as the Chairman of the District Authority may direct. (2) The minutes shall, as soon as may be, after the meeting be forwarded to the Chairman of the District Authority. (3) The quorum for the meeting shall be three including the Chairman. (4) All questions which come up before any meeting of the District Authority, shall be decided by the majority of votes of the members present and voting and in case of a tie, the Chairman shall also have a casting vote. ### 27. Funds of the District Authority. (1) The District Authority shall maintain a fund to be called the District Legal Aid Fund to which shall be credited- (a) such amounts as may be allocated and granted to it by the State Authority; (b) all such amounts as received by the District Authority by way of donations; (c) all such amounts as received by way of costs, charges and expenses recovered from the person to whom legal service is provided or the opposite party. (2) All the amounts credited to the District Legal Aid Fund shall be deposited in a Nationalized Bank. Explanation. - In this sub-regulation "Nationalized Bank" means corresponding new Bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. (3) For the purpose of meetings incidental minor charges, such as Court fees stamps and expenditure necessary for obtaining copies of documents etc., a permanent advance of rupees two thousand shall be placed at the disposal of the Secretary of the District Authority. (4) All expenditures on legal services, accommodation and staff of the District Authority as also expenditure necessary for carrying out the various functions of the District Authority shall be incurred out of the Funds of the District Authority and in accordance with the prior approval of the Chairman of the District Authority. (5) The funds of the District Authority may be utilized for meeting the expenses incurred on or incidental to journeys undertaken by the Chairman or other Members of the District Authority or the Secretary in connection with the legal services activities. The travelling allowances and dearness allowances payable to the Chairman, the ex-officio Members and the Secretary shall be such as to which they are entitled by virtue of their respective office held. (6) The Secretary shall operate the Bank Accounts of the District Authority in accordance with the directions of the Chairman. (7) The District Authority shall cause to be kept and maintained true and correct accounts of the receipts and disbursements and furnish quarterly returns to the State Authority. ### 2. Legal Services by the District Authority ### 28. Application for Legal Services. (1) Any person desiring legal service for bringing or defending any action in a Court within the District may make an application in writing together with or without an affidavit in Form I to the Secretary. However, if the applicant is illiterate or is not in a position to sign, the Secretary shall record his verbal submissions and obtain his thumb impression on the record and such record will be treated as his application. (2) The District Authority shall maintain a register of applications wherein all applications for legal service shall be entered and registered datewise and the action taken on such applications shall be noted against the entry relating to such applications. ### 29. Disposal of Applications. (1) On receipt of application for legal service under Regulation 28, the Secretary shall first examine and determine or cause to be examined and determined the eligibility of the applicant as per the provisions of the Act and the Rules. (2) If the applicant satisfies the eligibility criteria, the Secretary shall proceed to examine the merit of his application and if the applicant has merit in his application, the Secretary shall proceed to decide the mode of legal service. (3) An application for the grant of legal services in any matter, if it is not found fit, may be rejected for reasons to be recorded in writing by the Secretary. (4) In case of refusal for grant of legal services, the Secretary shall inform applicant in writing, of such refusal. (5) The applicant whose application for grant of legal services, has been rejected, may prefer an appeal before the Chairman of the District Authority for a decision. ### 30. Mode of Legal Services. - Legal Service to be provided by the District Authority may include any one or more of the following :- (a) payment of court-fees, process fee and all other charges payable or incurred in connection with any legal proceedings; (b) charges for drafting, preparing and filing of any legal proceedings and representation by a legal practitioner in legal proceedings; (c) cost of obtaining and supply of certified copies of judgements, orders and other documents in legal proceedings; (d) cost of translation of documents in legal proceeding and expenses incidental thereto. ### 31. Legal Services not to be provided in certain cases. - Legal Services shall not be given in the following cases, namely :- (1) Proceedings wholly or partly in respect of- (a) defamation; or (b) malicious prosecution; or (c) a person charged with contempt of Court proceedings; and (d) perjury. (2) Proceedings relating to any election; (3) Proceedings incidental to any proceedings referred to in sub-regulations (1) and (2); (4) Proceedings in respect of offences where the fine imposed is not more than Rs. 50/-. (5) Proceedings in respect of economic offences and offences against social laws, such as, the Protection of Civil Rights Act, 1955, and the Immoral Traffic (Prevention) Act, 1956 unless in such cases the aid is sought by the victim provided that the Chairman may in an appropriate case grant legal services even in such proceedings. (6) Where a person seeking legal services - (a) is concerned with the proceedings only in representative or official capacity; or (b) is a formal party to the proceedings not materially concerned in the outcome of the proceedings and his interests are not likely to be prejudice on account of the absence of proper representation. ### 32. Legal Services may be granted in certain cases. - Irrespective of the means test, legal service may be granted : - (a) in cases of great public importance; or (b) in a special case, reasons for which to be recorded in writing in which is considered otherwise deserving of legal services. ### 33. Legal Service Advocates and honorarium payable. (1) The Chairman of the District Authority shall prepare a panel of lawyers as a Legal Service Advocate in consultation with the President of the District Bar Association, no person who has put in less than Seven years practice be included in the panel. For Taluk Committee, the Chairman of the District Authority shall prepare a panel of lawyers in consultation with the Chairman of the Taluk Committee. No person who has put in less than Seven years practice be included in the panel. (2) The Legal Service Advocate shall be paid such honorarium as may be fixed by the District Authority in accordance with the guidelines issued by the State Authority in the Schedule appended to this regulation. (3) No Legal Service Advocate to whom any case is assigned either for legal advice or for legal service, shall receive any fee or remuneration whether in cash or in kind or any other advantage monetary or otherwise, from the aided person or from any other person on his behalf. However, the Executive Chairman shall reserve the right that in case any Legal Service Advocate accepts any remuneration from the aided person, then after getting himself satisfied, he can withdraw the case from him and cancel his name from the panel after giving him due opportunity. (4) The Legal Service Advocate who has completed his assignment shall submit a statement showing the honorarium due to him together with the report of the work done in connection with the legal proceedings conducted by him on behalf of the aided person, to the Secretary of the District Authority who shall, after due scrutiny, sanction the fee and expenses payable to him. It will, however, be open to the Legal Service Advocate to waive the honorarium wholly or partially. In case of any dispute on the quantum payable to the Legal Service Advocate, the matter shall be placed before the Chairman of the District Authority for decision However, the Secretary may make interim payment of honorarium and expenses incurred by such Legal Service Advocate. ### 34. Duties of aided person. (1) A person seeking legal services, shall comply with any requisition made on or direction given to him by the Secretary of the District Authority or any of its Members from the date the application for legal services is made till he enjoys the legal services granted to him : Provided further that no notice shall be necessary for withdrawal of legal service under Cl (h) on the recommendation of the Court concerned where the matter is pending. (2) Where the legal services are withdrawn on the grounds set out in Cl. (a) of sub-regulation above, the District Authority shall be entitled to recover from the aided person the amount of legal service granted to him. ### 35. Terms of the office and other conditions relating thereto of the members of Taluk Committee. (1) The term of office of a member of the Taluk Committee, other than ex-officio member, shall be two years : Provided that a member shall be eligible for re-nomination for one more term. (2) (a) (i) A member of the Taluk Committee, nominated under sub-rule (3) of the Rule 16 may be removed by the State Government if in the opinion of the State Government he is not desirable to continue as a member. (ii) A member may, by writing under his hand addressed to the Chairman Taluk Committee, resign from the Taluk Committee and such resignation shall take effect from the date on which it is accepted by the Chairman. (b) Any vacancy in the office of a member of the Taluk Committee may be filled up in the same manner as provided for the nomination and the person so nominated shall hold office for the residuary, term of the member in whose place he is nominated. (3) (a) All the members nominated under sub-rule (3) of Rule 16 shall be entitled to payment of travelling allowances and daily allowances in respect of journey performed in connection with the work of the Taluk Committee and shall be paid in the Taluk Committee in accordance with the rules as are applicable to "Grade B" Officer of the State Government as amended from time to time. (b) All members shall function in an honorary capacity. (4) All members, who happen to be serving Government officers or employees shall be entitled to the payment of travelling allowances and daily allowances in respect of journeys performed in connection with the work of the Taluk Committee in accordance with the provisions of the rules applicable to them and be paid by the office from w here the concerned members shall be drawing their pay and allowances and expenditure on this. (5) Every such person shall execute an undertaking-cum-declaration, in the Form II that in the event of the Court passing a decree or order in his favour awarding costs to him or other monetary benefits or advantage to re-pay by way of reimbursement to the District Authority all costs, charges and expenses incurred by the District Authority in giving to him legal service. For effecting such reimbursement, he shall authorize the Secretary of the District Authority. The costs, charges and expenses, so recovered, shall be credited to the fund of the District Authority. (6) Every aided person or his representative shall attend the office of the District Authority as and when required by the District Authority or by the Legal Service Advocate rendering legal aid to him and shall furnish full and true information and shall make full disclosure to the Legal Service Advocate concerned and shall attend the Court, as and when required, at his own expense. ### 36. Withdrawal of Legal Services. (1) The District Authority may on its own motion or otherwise, withdraw legal services granted to any aided person in the following circumstances, namely :- (a) in the event of it being found that the aided person was possessed of sufficient means or that he obtained legal service by misrepresentation or fraud; (b) in the event of any material change in the circumstances of the aided-person; (c) in the event of any misconduct, misdemeanour or negligence on the part of the aided person in the course of receiving legal service; (d) in the event of the aided person not co-operating with the District Authority or with the Legal Service Advocate assigned by the District Authority; (e) in the event of the aided person engaging a legal practitioner other than the one assigned by the District Authority; (f) in the event of the death of the aided person, except in the case of civil proceedings where the right or liability survives; (g) in the event of the application for legal service or the matter in question is found to be an abuse of the process of law or of legal service : Provided that legal service shall not be withdrawn without giving due notice thereof to the aided person or to his legal representatives in the event of his death, to show cause as to why the legal service should not be withdrawn : account shall be debited to the budget head to which their pay and allowances shall be debited. ### 37. Transitory powers. - The Patron of the State Legal Services Authority or the Executive Chairman of the State Legal Services Authority shall have the transitional power to meet such urgent/emergent situations as may arise or situation necessitate. ### 38. If any difficulty arises in the interpretation of the Regulations then the decision of the Patron-in-Chief shall be final. Form I (Sub-regulation (1) of Regulation 1 and sub-regulation (1) of Regulation 26) Affidavit I, ........................ aged about....... years, son of/daughter of/wife of Shri............. resident of............. do hereby solemnly affirm and state as under :- (a) I belong to member of a Scheduled Castes/Scheduled Tribes. (b) I am a victim of trafficking in human beings or a beggar. (c) I am eligible for legal services as I am women/child. (d) I am mentally ill or otherwise disabled person. (e) I am person under circumstances of undeserved want being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster. I hereby agree that in the event of the Court passing a decree or order in my favour awarding cost to me or other monetary benefit or advantage, I shall repay by way of reimbursement to the Committee/District Authority all costs, charges and expenses incurred by the Committee/District Authority in giving me Legal Services I hereby also authorize the Secretary of the High Court Legal Services Committee/ District Authority to do all such acts and things as may be necessary for recovery or realization of the amount decreed or ordered to be paid to me and to reimburse the same for the above mentioned purpose. I hereby also declare that in case of any benefit under a decree or order granted in my favour the High Court/Court shall be at liberty to divert such amount to the Committee/District Authority as may have been incurred by the Committee/ District Authority in giving me legal service and I shall also supply true information to the Committee/District Authority in this regard. I agree that my case be listed before Lok Adalat in Hon'ble High Court/ Court, if at any stage it is considered by the Committee/District Authority that my matter can be reconciled or settled through Lok Adalat. Applicant Form II (Sub-regulation (2) of Regulation 19 and sub-regulation (2) of Regulation 32) Undertaking-Cum-Declaration I,............. aged about..... years son of/daughter of/wife of Shri.............. resident of.............. do hereby undertake and declare as under :- ### 1. I shall comply with any requisition and direction that may be made by the Secretary or any of the members of the High Court Legal Services Committee/District Authority. ### 2. I shall furnish full and true information of all facts of my case to the Legal Service Advocate to be provided by the Committee/District Authority. ### 3. I seek to approach the Hon'ble High Court of [Madhya Pradesh] [It should be Chhattisgarh.] /Court of...... (a) in appeal from the Judgement of....... (b) in writ jurisdiction for...... (c) for bringing or defending the action in the nature of.... (Delete whatever is not applicable) Schedule ---------- Part I – Advocate engaged may be paid according to the following Schedule. However, it is clarified that the following directions lay-down, the maximum fee payable and the Committee or Authority shall be at liberty to reduce the remuneration in suitable cases. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ### 1. Maximum fee payable Rs. 1200/- per case excluding other incidental expenditure in any Court of Civil Judge, Civil Judge, Class I, Court of Additional Collector, Sub-Divisional Officer, Tehsildar. ### 2. Maximum fee payable Rs. 1600/- per case excluding other incidental expenditure in any Courts of District Judge, Additional District Judge, District Collector, District Consumer Forum, established under the Consumer Protection Act, 1986 and Labour and Industrial Tribunal set up under the Industrial Disputes Act, 1947. ### 3. Maximum fee payable Rs. 2000/- per case excluding other incidental expenditure after disposal of the case at the State Consumer Commission established under the Consumer Protection Act, 1986 and the Court of Revenue Board. ### 4. The fee payable excluding other incidental expenditure after disposal of the case at High Court level is as given below- | | | | | | --- | --- | --- | --- | | a. | Writ | - | Rs. 2000/- per case. | | b. | Misc. | - | Rs. 1500/-per case. | | c. | Civil Revision | - | Rs. 1000/-per case. | | d. | 1st Appeal (Civil) | - | Rs. 4000/- per case. | | e. | 2nd Appeal (Civil) & L.P.A. | - | Rs. 4000/- per case. | | f. | Misc. Civil Case | - | Rs. 1500/-per case. | Part II – Fee schedule for acting as defence counsel for accused persons in warrant cases, summons cases. Sessions cases, appeals and revisions, shall be as under:- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | | | | | --- | --- | --- | --- | | 1. | Maximum fee payable for the Courts of Magistrate First Class/CJM/S D M. | Maximum fee Rs. 1000/- for warrant cases, summton cases & contested summary cases (excluding other incidental expenditure). | | | 2. | Maximum fee payable for the Courts of Sessions Judge/Addl. Sessions Judge/A.D.M./D.M. | (a) Maximum fee for sessions cases. Rs. 1600/-. | | | (b) Maximum fee for Criminal Appeal cases 1000/-. | | | (c) Maximum fee for Criminal Revision cases 600/-. | | | (d) (excluding other incidental expenditure). | | | 3. | Maximum fee payable before the High Court level | (i) Bail application | Rs. 500/- per case | | (ii) Criminal Appeal u/s. 378 Cr. PC against the order of acquittal | Rs. 2000/- per case | | (iii) Criminal Appeal against conviction for the offences punishable with death or life imprisonment. | Rs. 4000/- per case | | (iv) Criminal Appeal against conviction for other offences. | Rs. 2000/- per case | | (v) Criminal Revision | Rs. 1500/- per case | | (vi) M.Cr.C. (excluding other incidental expenditure) | Rs. 500/- per case | Part III – Fee payable to a panel lawyer under these regulations shall be made in two instalments as under:- -------------------------------------------------------------------------------------------------------------- ### 1. ½ of the fee, on engagement of the lawyer, payable, after first hearing of the case. ### 2. Remaining fee, payable after the final decision of the case. Note. - Counsel leaving cases part heard or unheard without assigning reasons shall forfeit their right to remuneration.
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State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Advocates' Welfare Fund Act, 1987 -------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Advocates' Welfare Fund Act, 1987 ================================================== Act 33 of 1987 ---------------- * Published on 27 December 2012 * Commenced on 27 December 2012 1. Amended by [Andhra Pradesh Advocates Welfare Fund and The Andhra Pradesh Clerks Welfare Fund Acts (Amendment) Act, 1992 (Act 19 of 1992) on 30 September 1992 ] Andhra Pradesh Advocates' Welfare Fund Act, 1987 (Act 33 of 1987 ) Last Updated 26th October, 2019 Statement of Objects and Reasons. - The Bar Council of the State of Andhra Pradesh had represented originally in 1975 and later in 1985 for the formulation of some welfare schemes for the Advocates of the State of Andhra Pradesh. Previously, it was proposed to enact a legislation for the purpose of constituting a welfare fund for the promotion of welfare of the Advocates in the State but it was deferred. The State of Kerala had already enacted the Kerala Advocates' Welfare Fund Act, 1980 (Act 21 of 1980) and the State of Karnataka is also having a proposal in this regard. The Advocates of this State have been continuously demanding for the constitution of a welfare fund for their benefit. It is, therefore, proposed to constitute a welfare fund for the payment of retirement benefits to Advocates in the State. This Bill is intended to give effect to the above proposal. Statement of Objects and Reason - Amending Act 10 of 1992. - Section 21 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 provides for appeal against a decision of the Advocates' Welfare Fund Committee to the Bar Council is an ex-officio member of the Advocates' Welfare Fund Committee, and therefore it is felt that an appeal on a decision of the Committee to the Bar Council may not be appropriate. It is, therefore, proposed to dispense with an appeal as aforesaid and instead it has been decided to confer power on the Advocates' Welfare Fund Committee to review its own orders passed under any mistake whether of fact or of law or in ignorance of any material fact. It is also decided to declare all the applications pending before the Bar Council on the date of commencement of the Act shall abate and they are entitled to prefer an application before the Committee for review within ninety days. Append to L.A. Bill No. 4 of 1992. This Bill seeks to give effect to the above decisions. Statement of Objects and Reason - Amending Act 19 of 1992. - Under Section 12 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987, an Advocate Welfare Fund Stamp of the value of Rs. 6/-has to be affixed on every vakalat. Recently, the Andhra Pradesh Advocates' Clerks' Welfare Fund Act has also been passed and under Section 12 thereto, Advocates' Clerks' Welfare Fund Stamp of the value of Rs. 2/- has to be affixed on every vakalat. In order to reduce the cost of printing and also for the purpose of facility it has been decided to print a Combined Stamp of the value of Rs. 8/- for both the Welfare Funds superscribing as "Nyayavadula Mariyu Gumasthala Samkshema Nidhi" and to amend the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 suitably for the purpose. Further, the Chairman of the Bar Council who is an ex-officio Chairman of the Advocates' Welfare Fund Committee has suggested to amend the provisions of the Andhra Pradesh Advocates' Welfare Fund Act, 1987, so as to empower the Advocates' Welfare Fund Committee to remove from the membership of the Fund the name of any Advocate who has been admitted as member of the Fund by misrepresentation or by fraud or by using undue influence after giving a reasonable opportunity of being heard. The suggestions of the Chairman of the Bar Council has been examined and the Government have decided to amend the Act suitably. It has also been decided to make a similar provision in the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 also, to empower the Committee to remove the name of any Advocates' Clerk who is admitted as a member of the Fund by misrepresentation or by fraud or by undue influence, so as to have uniformity of Law. This Bill seeks to give effect to the above decision. (L.A. Bill No. 20 of 1992). Statement of Objects and Reason - Amending Act No. 15 of 1998. - With a view to undertaking certain welfare measures to the Advocates and their Clerks' in the State of Andhra Pradesh, two Acts have been enacted. They are the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992. 2. The Bar Council of Andhra Pradesh which administers the two Acts referred to above has suggested certain amendments to both the Acts. The Secretary of the Advocates' Clerks' Welfare Fund Committee is being paid some honorarium, whereas the Secretary of the Advocates' Welfare Fund Committee is not being paid such honorarium. Therefore it has suggested on amendment to the Advocates' Welfare Fund Act, 1987 for payment of honorarium to the Secretary, Andhra Pradesh Advocates' Welfare Fund Committee. 3. The Bar Council has also suggested to make suitable amendments to both Acts for enhancing the value of the Andhra Pradesh Advocates and Advocates' Clerks' Welfare- Fund stamp from rupees eight to rupees twelve so as to credit rupees two to the Advocates' Clerks' Welfare Fund and rupees ten to the Advocates' Welfare Fund as there are large number of Advocates in the State. It is also suggested to prohibit the enrolment of Advocates to the Welfare Fund who are aged more than 65 years. It has also suggested to prohibit the retired servants of the Central Government, State Government and of Corporations who are drawing pension and practising as Advocates from being enrolled to the Fund. 4. The Bar Council has also suggested to entitle the Advocates who are enrolled to the fund to receive certain sum not only on the cessation of practice, but also on suspension of practice. The proposals have been examined and it is decided to amend both the Acts suitably. 5. This bill seeks to give effect to the above decision. Appended to L.A. Bill No. 10 of 1998. Statement of Objects and Reason - Amending Act 5 of 2000. - Under sub-section (2) of Section 12 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 every vakalat filed before any Court, Authority, Tribunal or person shall be affixed with a Stamp of the value of Rs. 12/- and no Vakalat shall be valid or accepted by the Court, Authority, Tribunal or person without such stamp. A similar provision exists in sub-section (2) of Section 12 of the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992. The Bar Council of the State of Andhra Pradesh has represented that the Law Officers appointed by the State Government also have to affix such stamp on the Valakats filed by them which is not being done causing loss to the Andhra Pradesh Advocates' Welfare Fund and the Andhra Pradesh Advocates' Clerks' Welfare Fund. Hence, they have represented to provide for a lump sum grant by the Government to the said funds to compensate the loss caused by non-affixing of stamps on their vakalats by the Law Officers appointed by the Government. They have also requested to make suitable amendments to the Acts and also requested for further amendment of the Schedule of the Andhra Pradesh Advocates' Welfare Fund to enhance the retirement benefit from Rs. 1,000/- to Rs. 2,000/- per year of practice. The Government after careful examination of the proposal have decided to amend the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 suitably to exempt the Law Officers appointed by the Government from affixing stamps on the Vakalats filed by them and to provide for an annual grant by the State Government to the Funds in lieu of the same and also to amend the schedule of A.P. Advocates' Welfare Fund Act 33 of 1987 enhancing the retirement benefit for the mernber Advocates from Rs. 1,000/- to Rs. 2,000/- per year of practice. This Bill seeks to give effect to the above decision. Appended to L.A. Bill No. 10 of 2000. Statement of Objects and Reason - Amending Act 21 of 2001. - According to sub-section (1) of Section 12 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987, there shall be printed or cause to be printed by the Government in such form and in such manner as may be prescribed by rules, stamps and under sub-section (4) of Section 12 of the said Act, the custody of the stamps printed, shall be with the - Government and the supply and sale of stamps shall be effected in such manner as may be prescribed. According to sub-section (1) of Section 12 of the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992, there shall be printed or cause to be printed by the Government in such form and in such manner as may be prescribed by rules, stamps and under sub-section (4) of Section 12 of the said Act, the custody of the stamps printed shall be with the Government and supply and sale of stamps shall be effected in such manner as may be prescribed. While conducting audit in the Law Department, the audit party of Accountant General's Office raised an objection with regard to supply of stamps by referring to Rules 6 and 7 of the Andhra Pradesh Advocates' Welfare Fund Rules, 1989 stating that the printing and distribution of the Andhra Pradesh Advocates' and their Clerks'.Welfare Fund Stamps shall be done by the Director of Printing, Andhra Pradesh, Hyderabad and all indents for supply of the stamps shall be made to him. However, it was observed that the Law Department was receiving the stocks of the stamps and distributing the stamps and this was contrary to the above provisions in Rules 6 and 7 of the said rules. Further, the said audit party has pointed out that no specific arrangements for security of stamps which sometimes run into lakhs of rupees of worth will be available in the Law Department and also no security has been arranged under Article 276 of A.P.F.C. Vol. I from the persons incharge of the stamps. In the light of the above observations raised by the audit party of Accountant Generals' Office, after obtaining the orders in circulation, Government have issued orders in G.O.Ms.No. 40, Law, dated 29.2.2000 in which Government have decided to entrust the work relating to the printing, distribution of "Nyayavadula Mariyu Vari Gumasthala Samkshema Nidhi Stamps" to the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad in public interest with immediate effect pending amendments by undertaking Legislation to the relevant Acts by the concerned. The Government after careful examination have decided to amend sub-sections (1) and (4) of Section 12 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and sub-sections (1) and (4) of Section 12 of Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 entrusting the work relating to printing, custody and distribution of the Nyaayavadula Mariyu Vari Gumasthala Samkshema Nidhi Stamps, to the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad. This Bill seeks to give effect to the above decision. Appended to L.A. Bill 20 of 2001. Statement of Objects and Reason - Amending Act 4 of 2003. - In order to overcome the practical difficulty in implementation of the provisions of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 the Andhra Pradesh Advocates Welfare Committee and the Andhra Pradesh Advocates' Clerks' Welfare Committee has requested to amend the respective Acts suitably. The Salient Features of the Bill are as follows:— (1) The definition of 'dependent' in the both the Acts are confined to wife, husband, father, mother and children or legal heirs. (2) In Section 9(2)(c) of both the Acts for the words "legal representative" has been substituted by word "dependent" as a consequential amendment. (3) The combined stamp for Advocates' Welfare Fund and the Advocates' Clerks' Welfare Fund has been enhanced from Rs.12/- to Rs.20/-, out of which a sum of Rs. l5/- shall be credited to the Andhra Pradesh Advocates' Welfare Fund and Rs.5/- shall be credited to the Andhra Pradesh Advocates' Clerks' Welfare Fund by suitably amending the respective provisions of both the Acts. (4) If the Advocate intends to become the member of the Fund, he shall pay an amount of Rs.100/- (Rupees one hundred only) towards admission along with an amount of Rs.1000/- (Rupees one thousand only) towards the subscription of life membership. (5) The consequential amendments to Sections 15(3), 15(4), 15(8), 16 and 17 have been made. (6) In the Clerks' Welfare Committee, three members from the three regions in the State are nominated from the recognised clerks. (7) The aforesaid nominated members will hold office for two years instead of three years. (8) The nominated members can resign their office by giving one month notice instead of three months. (9) The Bank Account of the A.P. Advocates' Clerks' Welfare Fund Committee shall be operated jointly with the Chairman instead of Treasurer. (10) The stamp value has been enhanced from Rs.12/- to Rs.20/- as a consequential amendment by suitably amending Section 12(1) of the Act. (11) The Government may make grants for such sum of money in every financial year by way of compensation in respect of the vakalats filed by the Law Officers appointed by the Government and such grants are apportioned between them. (12) Every recognised clerk of the Advocate below the age of 65 years recognised by the committee shall apply to the committee for admission and he shall pay admission fee of Rs.50/- along with an amount of Rs.500/- towards subscription of life membership. (13) Retired persons from service are not entitled for the membership. (14) Similar to Advocates, the interests of the clerks or their nominees for dependent are protected from attachment and creditors are restricted to proceed against the Fund or interest therein of any member or his or her nominee or dependents. This Bill seeks to give effect to the above decisions. Statement of Objects and Reasons - (Act No. 1 of 2006). - The Secretary, Bar Council of the State of Andhra Pradesh has requested to amend Sections 15(5) (a), 15-A and the Schedule under Sections 9 and 16 of the A. P.Advocates' Welfare Fund Act and to amend Sections 10(2), 13(1), 15(1), 15(5)(c) of the said Act and also to amend Sections 12(1), 12(A) of the said Act in view of the resolutions passed by the Andhra Pradesh Advocates' Welfare Fund Committee at Its meeting held on 5-7-2003, 3-1-2004 & 22-8-2004 respectively. The salient features of the proposed amendments to the A.P. Advocates' Welfare Fund Act are as hereunder: (1) The Secretary, Bar Council of the State of Andhra Pradesh has proposed to amend Section 10(2) of the Act so as to deposit all moneys and receipts of forming part of the Fund in Nationalised Banks instead of a scheduled Bank or to invest the same in any Corporation on the ground that the amount will be in safe custody; (2) To amend Section 12(1) so as to increase stamp value from Rs. 20/- to Rs. 307-keeping in view of the enhanced benefits from Rs. 1,50,000/- to 2.00.000/-; (3) Consequential amendment to Section 12-A of the Act. so as to review the apportionment between the Advocates' Welfare Fund and Advocates' Clerks' Welfare Fund at Rs. 25/- and Rs. 5/- from the existing Rs. 15/- and Rs. 5/- respectively keeping in view of the more number of enrolment of Advocates; (4) to amend Section 15(1) of the Act so as to lower the maximum age limit from 65 years to 35 years for the purpose of admitting him as a Member to the Advocate Welfare Fund so that only the Advocate, who are actually practicing should avail the benefit: (5) to amend Section 15(5)(a) of the Act to increase the admission fee from Rs. 1.000/- to Rs. 2,000/- towards the subscription for life Membership. (6) to amend Section 15-A of the Act so as to make a person retiring either on superannuation or on voluntary retirement or under any scheme, ineligible for membership. (7) to amend Section 16(1) of the Act so as to enable a member who completes 35 years of practice at Bar and opts for retirement benefits, be entitled to receive half of the existing Death Benefit amounts towards retirement benefit. (8) to amend the schedule under Sections 9 & 16 of the Act so as to enhance the retirement benefit payable for years of practice from Rs. 2,000/- to Rs. 3,000/- Accordingly, Government have considered the above recommendations of the Secretary, Bar Council of Andhra Pradesh hand have decided to amend the said provisions of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 suitably. This Bill seeks to give effect to the above decision. Reserved by the Governor on the 29th April, 1987 for the consideration and assent of the President received the assent of the President on the 23rd July, 1987 and the said assent is hereby first published on the 4th August, 1987 in the Andhra Pradesh Gazette (Extraordinary) An Act to provide for the constitution of a Welfare Fund for the benefit of advocates in the State of Andhra Pradesh and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in Thirty-eighth Year of the Republic of India, as follows: - ### 1. Short title, extent and commencement. (1) This Act may be called the Andhra Pradesh Advocates' Welfare Fund Act, 1987 (2) It extends to the whole of State of Andhra Pradesh. (3) It shall come into force on such date[as the Government may, by notification, appoint] [Came into force from 20-2-1989 (Vide G.O.Ms.No. 25 (Law) , dated 16.2.1989) ] . ### 2. Definitions. - In this Act, unless the context otherwise requires, (a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Andhra Pradesh under Section 17 of the Advocates' Act, 1961 (Central Act 25 of 1961) and who is practising as an advocate in the State of Andhra Pradesh; (b) "Bar Association" means an Association of Advocates recognised by the Bar Council under Section 13; (c) "Bar Council" means the Bar Council of Andhra Pradesh constituted under Section 3 of the Advocates' Act, 1961 (Central Act 25 of 1961); (d) "cessation of practice" means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his retirement or on death or on grounds of professional misconduct; (e) "dependent" means wife, husband, father, mother [and children or legal heirs] [Substituted for "and unmarried minor children or such of them as exist" by Act No. 4 of 2003 w.e.f. 1-6-2003, vide G.O. Ms. No. 64, Law (C) , dated 19.5.2003.] (f) "Fund" means the Andhra Pradesh Advocates' Welfare Fund constituted under Section 3. (g) "Government" means the State Government; (h) "member of the fund" means an advocate admitted to the benefit of the fund continuing to be a member thereof under the provisions of this Act; (i) "notification" means a notification published in the Andhra Pradesh Gazette, and the word "notified" shall be construed accordingly; (j) "prescribed" means prescribed by rules made under this Act; (k) "retirement" means stoppage of practice as an advocate for reasons other than joining service or for carrying on any other gainful occupation, communicated to and recorded by the Bar Council; (l) "Stamp" means the Andhra Pradesh Welfare Fund Stamp issued by the Government under Section 12; (m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct; (n) "Welfare Fund Committee" means the Committee established under Section 4; (o) "Vakalat" means a Vakalatnama, memorandum of appearance or by any other document by which an advocate or any other legal practitioner is empowered to appear and plead before any court, tribunal, authority or person. ### 3. Advocates' Welfare Fund. (1) With effect on and from the commencement of this Act the Government shall, by notification constitute a fund to be called the Andhra Pradesh Advocates' Welfare Fund. [\*\*] [The Government constitution the A.P. Advocates Welfare Fund w.e.f. 20-2-1989 (vide G.O.Ms.No.26 (Law) , dated 16.2.1989.] (2) There shall be credited to the Fund— (a) all amounts paid under Section 12; (b) any contribution made by the Bar Council; (c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any Bar Association, any other association or institution, any advocate or any other person; (d) any grant made by the Central Government or the State Government to the Fund; (e) any sum borrowed under Section 10; (f) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of group insurance of the members of the Fund; (g) any interest or dividend or other return on any investment made of any part of the Fund; (h) all sums collected under Section 15 by way of application fees and annual subscriptions and interest thereon. (3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained in such manner, as may be prescribed. ### 4. Establishment of Welfare Fund Committee. (1) The Government may, by notification, establish with effect on and from such date as may be specified therein, a committee to be called the Andhra Pradesh Advocates' Welfare Fund Committee. [\*\*] [A.P. Advocates' Welfare Fund Committee was established, w.e.f. 28-2-1989, G.O.Ms,No.27 (Law) dated 16.2.1989.] (2) The Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall by the said name, sue and be sued. (3) The Committee shall consist of— (a) the Chairman of the Bar Council who shall be the Chairman of the Welfare Fund Committee, ex-officio; (b) the Advocate-General of Andhra Pradesh, ex-officio; (c) the Secretary to Government, Law and Legislative Affairs, ex-officio; (d) the Secretary to Government, Law (Courts), ex-officio; (e) the Secretary to Government, Revenue Department, ex-officio; (f) the Registrar, High Court of Andhra Pradesh, ex-officio; (g) [ three members nominated by the Bar Council from amongst its members, as far as possible one each from the regions of Coastal Andhra, Telangana and Rayalaseema of whom one shall be nominated by the Committee as the Treasurer of the Fund.] [Substituted by Act 19 of 1990, vide A.P. Gazette Part, IV-B (Extraordinary) , dated 6.11.1990.] (h) the Secretary to the Bar Council who shall be Secretary, ex-officio of the Welfare Fund Committee without voting rights. [Provided that the Secretary shall be paid such sum as honorarium from the Advocates' Welfare Fund as the Committee may determine from time to time, for the services rendered by him.] [Added by Act No. 15 of 1998, vide A.P. Gazette Part. IV-B (Extraordinary) No. 18, cit. 16-5-1998.] (4) A member elected from the Bar Council under clause (g) of sub-section (3) shall hold office for a term of five years or for the duration of his membership in the Bar Council, whichever is less. ### 5. Disqualification and removal of elected members of Welfare Committee. - A member elected under clause (g) of sub-section (3) of Section 4 shall be disqualified to be a member of the Committee, and cease to be such member, i f he- (a) becomes of unsound mind; (b) is adjudged insolvent; (c) is absent without leave of the Committee for more than three consecutive meetings of the Committee; (d) is a defaulter to the Fund (in case he is a member of the Fund) or has committed breach of trust; or (e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside. ### 6. Resignation by elected member of the Committee and filling up of casual vacancies. (1) Any member elected under clause (g) of sub-section (3) of Section 4 may resign his office by giving three months' notice in writing to the Chairman of the Welfare Fund Committee and on such resignation being accepted by the said Chairman, he shall be deemed to have vacated his office ; (2) Any casual vacancy in the office of the member referred to in sub-section (1) shall be filled up, as soon as may be, and a member so elected to fill such vacancy shall hold office for the residue of the term of his predecessor. ### 7. Act of Committee not to be invalidated by defect, etc.. - No act done or proceeding taken under this Act or the rules made thereunder by the Committee shall be invalidated merely by reasons of- (a) any vacancy or defect in the constitution of the Committee; or (b) any defect or irregularity in the election of any person as a member thereof; (c) any defect or irregularity in such act or proceeding not affecting the merits of the case. ### 8. Vesting and application of Fund. - The Fund shall vest in and be held and applied by the Committee subject to the provisions, and for the purposes of this Act. ### 9. Function of the Committee. (1) It shall be the duty of the Committee to administer the Fund. (2) In the administration of the Fund, the Committee shall, subject to the provisions of this Act and the rules made thereunder— (a) hold the amounts and assets belonging to the Fund; (b) receive applications for admission or re-admission to the Fund, and dispose of such applications within ninety days from the date of receipt thereof; (c) receive applications from the members of the Fund, their nominees or [dependent] [Substituted for the words "legal representatives" by Act No. 4 of 2003, w.e.f. 1-6-2003.] as the case may be, for payment out of the Fund, conduct such enquiry, as it deems necessary, for the disposal of such applications, and dispose of the applications within five months from the date of receipt thereof; (d) record in the minutes books of the Committee its decisions on the application; (e) pay to the applicants amounts at the rates specified in the Schedule; (f) maintain such accounts and books and send such periodicals and annual reports to the Government and the Bar Council, as may be prescribed; (g) communicate to the applicants [under certificate of posting] [Substituted for "by registered post with acknowledgement due" by Act 19 of 1990.] the decisions of the Committee in respect of applications for admission or re-admission to the Fund or claims to the benefit of the Fund; (h) do such other acts as are, or may be, required to be done under this Act and the rules made thereunder. ### 10. Borrowing and investment of Funds. (1) The Committee may, with the prior approval of the Bar Council, borrow, from time to time, any sum required for carrying out the purpose of this Act. (2) [ The Committee shall deposit all moneys and receipts of forming part of the Fund in Nationalised Banks.] [Substituted by Act No. 1 of 2006, dated 30.12.2005.] (3) All amounts due and payable under this Act and all expenditure relating to the management and administration of the Fund shall be paid out of the Fund. (4) The accounts and books maintained by the [Welfare Fund Committee] [Substituted for" Welfare Committee" by Act 19 of 1990.] shall be audited annually by a Chartered Accountant appointed by the [said Committee] [Substituted for "Bar Council" by Ibid.] thereon. (5) The accounts, as certified by the auditor, together with the audit report thereon, shall be forwarded to the Bar Council by the Committee and the Bar Council may issue directions as it deems fit to the Committee in respect thereof. (6) The Committee shall comply with the directions issued by the Bar Council under sub-section (5). ### 11. Powers and duties of Secretary. - The Secretary of the committee shall— (a) be the Chief Executive authority of the Committee and responsible for carrying out its decisions; (b) represent the Committee in all suits and proceedings for and against the Committee; (c) authenticate by his signature all decisions and instructions of the Committee; (d) operate the bank accounts of the Committee jointly with the Treasurer; (e) convene meetings of the Committee and prepare its minutes; (f) attend the meetings of the Committee with all the necessary records and information; (g) maintain such forms, registers and other records as may be prescribed from time to time, and do all correspondence relating to the Committee; (h) prepare an annual statement of business transacted by the committee during each financial year; and (i) do such other acts as may be directed by the Committee and the Bar Council. ### 12. [ Printing, Custody and Distribution of the Andhra Pradesh Advocates' and their Clerks' Welfare Fund Stamp. [Substituted by Act No. 23 of 2011, dated 27.12.2012.] (1) There shall be printed or cause to be printed by the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad, in such manner as may be prescribed a combined stamp superscribed in Telugu language as "Nyayavadula mariyu vari Gumasthala Samkshema Nidhi" each of the value of fifty rupees through Government Security Printing Press, on an indent placed by the Andhra Pradesh Advocates' Welfare Fund Committee in such form as may be prescribed. (2) Every Vakalat/Memo of Appearance filed before any Court, Authority, Tribunal, Forum or Commission including every Vakalat/Memo of Appearance filed by all the Law Officers appearing for the State and Central Governments and their instrumentalities shall be affixed with the Stamp worth of rupees fifty and no such Vakalat/Memo of Appearance shall be valid or accepted without such Stamp. (3) The person or authority receiving a Vakalat with such stamp shall forthwith, effect cancellation of the stamp by punching out the same. (4) The custody and distribution of stamps shall be with the Andhra Pradesh Advocates' Welfare Fund Committee and sale of the stamps shall be through recognized Bar Associations.] ### 12A. [ Apportionment of sale proceeds and the cost of Printing of Stamps. [Substituted by Act No. 23 of 2011, dated 27.12.2012.] (1) Notwithstanding anything contained in Section 12, out of the sale proceeds of the stamps worth of Rs. 50/-, a sum of Rs. 43/- shall be credited to the Andhra Pradesh Advocates' Welfare Fund and Rs. 7/- shall be credited to the Andhra Pradesh Advocates' Clerks' Welfare Fund and where such a stamp is affixed to Vakalat/ Memo of Appearance, the provisions of sub-section (2) of Section 12 shall be deemed to have been complied with. (2) The cost of the printing of the stamps under sub-section (1) of Section 12 shall be apportioned between the Andhra Pradesh Advocates' Welfare Fund constituted under Section 3 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund constituted under Section 3 of the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 in such manner as may be prescribed.] ### 13. Recognition and Registration of Bar Association. - [(1) All associations of Advocates known by any name, functioning in any Court Head Quarters may apply to the Bar Council in such form as may be prescribed, for recognition and registration as a Bar Association under this Act: Provided that only one Bar Association shall be recognised at any Court Headquarters.] [Substituted by Act No. 1 of 2006, dated 30.12.2005.] (2) [ Every application for recognition and registration shall be accompanied by the common bye-laws, framed by the Bar Council from time to time, together with the list containing the names of office bearers as well as members of the Association with their enrolment number, address and age, shall be furnished.] [Substituted by Act No. 23 of 2011, dated 27.12.2012.] (3) The Bar Council may, after such enquiry as it deems necessary, recognise the association as a Bar Association and issue a certificate of registration in such form as may be prescribed. (4) The decision of the Bar Council regarding the recognition and registration of a Bar Association shall be final. ### 14. Duties of Bar Association. (1) Every Bar Association shall, on or before the 15th April of every year, intimate to the Bar Council a list of its members as on the 31st March of that year. (2) Every Bar Association shall intimate to the Bar Council-- (a) any change of the office bearers of the association within fifteen days from such change; (b) any change in the membership including admission and re-admission within thirty days of such change; (c) the death, retirement or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; and (d) such other matter as may be required by the Bar Council from time to time. ### 15. Membership of the fund. (1) [Every advocate below the age of [thirty five years] [Substituted for words "every advocate" by Act No. 15 of 1998, w.e.f. 16-5-1998.] practising in any court in the State and being a member of a Bar Association recognised by the Bar Council may apply to the Committee for admission as a member of the Fund, in such form as may be prescribed. (2) On receipt of an application under sub-section (1), the Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or for reasons to be recorded in writing reject the application: Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. (3) [xxx] [Omitted by Act 4 of 2003 w.e.f. 1-6-2003 Earlier it read as "Every applicant shall pay an application fee of one hundred rupees to the account of the committee at the time of admission] (4) In the event of rejection of the application, [the amount] [Substituted for the words "the admission fee" by Act 4 of 2003 w.e.f. 1-6-2003.] paid long with the application shall be refunded to the applicant. (5) [ (a) [Where an Advocate intends to become the Member of the Fund he shall pay an amount of rupees [two thousand] [Substituted for subs-sections.(5) , (5-A), 6 and 7 by Act 5 of 1994.] towards admission fee along with an amount of rupees one thousand towards the subscription for life-membership and on such payment the membership of the Advocate concerned shall subject to the provisions of sub-section (12) be a life member.] (b) Where an Advocate has already been admitted as a life-member prior to the commencement of the Andhra Pradesh Advocates Welfare Fund (Amendment) Act, 1994, he shall be deemed to have been admitted as a member under this section and shall continue to be such member. (c) [ \*\*\*] [Omitted by Act No. 1 of 2006, dated 30.12.2005.] (d) Where a member ceases to practice he shall not be entitled for the refund of the subscription paid under this sub-section.] (8) Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more [nominees] [Substituted for the word "dependents" by Act 4 of 2003, w.e.f. 1-6-2003.] the right to receive the amount which may be due to him from the Fund in the event of his death before the amount has been paid to him. (9) If a member nominated more than one person under sub-section (8), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may be paid to him. (10) A member may at any time cancel a nomination by sending a notice in writing to the Committee along with a fresh nomination. (11) Every member who voluntarily suspends practice or retires shall, within three months of such suspension or retirement, intimate that fact to the Committee and if any member fails to do so without sufficient reason, the Committee may, reduce, in accordance with such principles as may be prescribed, the amount due to that member. (12) [ Where on receipt of a complaint or otherwise the Committee has reason to believe that any advocate secured admission as a member of the Fund by misrepresentation, fraud or undue influence, it shall be competent for the committee to remove the name of such Advocate from the membership of the Fund: Provided that no order under this sub-section shall be passed unless the person likely to be adversely affected has had an opportunity of being heard.] [Inserted.by Act 19 of 1992, w.e.f. 30-9-1992.] ### 15A. [ [Substituted by Act No. 1 of 2006, dated 30.12.2005.] - A Person retired either from Government or Private service on superannuation or on voluntarily retirement or under any scheme and practising an advocate shall not be admitted to the membership of the Fund.] ### 16. Payment from the Fund on cessation [or suspension] [Inserted by Act No. 15 of 1998, w.e.f. 16-5-1998.] practice. (1) A member of the Fund shall, [on cessation of practice or suspension of practice] [Substituted by Ibid.] , be entitled to receive from and out of the Fund an amount at the rate specified in the Schedule. [Provided that a member, who completes thirty five years of practice at the Bar and opts for Retirement Benefits, be entitled to receive half of the existing Death Benefit amount towards Retirement Benefit.] [Added by Act No. 1 of 2006, dated 30.12.2005.] (2) [ In the event of death of a member, a consolidated amount as determined by the Welfare Fund Committee in the manner prescribed shall be paid to the nominee or, where there is no nominee, to his dependents] [Substituted by A.P. Act No. 19 of 1990.] . [xxx] [Explanation omitted by Act 4 of 2003 w.e.f. 1-6-2003. Earlier it read as below "Explanation: — For the purposes of this sub-section the word "dependant" means any of the following relatives of a deceased member, namely:— [(i) a widow, a minor legitimate son, and unmarried legitimate daughter or a widowed mother; and (ii) if wholly dependant on the earnings of the member at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm".]] (3) A member of the Fund may opt for retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re-admission to the Fund as a new member subject to such conditions as may be prescribed: Provided that a member suffering from permanent disablement shall be allowed to retire within five years of his admission to the Fund. (4) For calculating the period of completed years of practice for the purpose of payment under this Act, every four years of practice at the Bar, if any, before the admission of a member to the Fund shall be computed as one year of practice and added on to the number of years of practice after such admission. (5) [xxx] [Omitted by Act No. 15 of 1998.] (6) An application for payment from the Fund shall be preferred to the committee in such form as may be prescribed. (7) An application received under sub-section (6), shall be disposed of by the Committee after such enquiry as it deems necessary. ### 17. Restriction on alienation, attachment etc., of interest of member in Fund. (1) The interest of any member in the Fund, or the right of a member or his nominee [dependants] [ substituted for the words"or legal heirs' by act 4 of 2003 w.e.f.1-6-2003.] to receive any amount from the Fund, shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any court, tribunal, financial institutions or other authority. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or [dependents] [Substituted for the words or legal heirs" by Act 4 of 2003 w.e.f. 1-6-2003.] . Explanation. - For the purpose of this section, "creditor" includes the Government or an official assignee or receiver appointed under the Provincial Insolvency Act, 1920 (Central Act 5 of 1920) or any other law for the time being in force. ### 18. Group Life Insurance for members and other benefits. - The Welfare Fund Committee may, for the Welfare of the members of the Fund,— (a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund. (b) provide for a policy of Provident Fund for the members of the Fund; (c) provide for medical facilities for the members of the Fund and their spouses; and (d) provide for such other benefits as may be prescribed. ### 19. Meetings of the Committee. (1) The Committee shall meet at least once in three months or more often if found necessary to transact business under this Act or the rules made thereunder. (2) Five members of the Committee shall form the quorum for a meeting of the Committee. (3) The Chairman or in his absence, a member elected by the members present at the meeting shall preside over a meeting of the Committee. (4) Any matter coming up before a meeting of the Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of an equality of votes, the Chairman or the member presiding over the meeting shall have and exercise a casting vote. ### 20. Travelling and daily allowances to members of Committee. - The elected members of the Committee shall be eligible to get such travelling allowance and daily allowance as are admissible to the members of the Bar Council. 21. Review. - (1) The Committee may suo-moto at any time or on an application received from any person interested within ninety days of the passing of any order under the provisions of this Act, review any such order, if it was passed by them under any mistake, whether of fact or of law or in ignorance of any material fact: Provided that the Committee shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation. [(2) All the appeals pending before the Bar Council on the date of commencement of the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1992 (Act 10 of 1992) shall abate. (3) Where an appeal stands abated under sub-section (2), the appellant shall be entitled to prefer an application before the Committee for review under sub-section (1) within ninety days from the date of commencement of the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1992 (Act 10 of 1992)] [Substituted by Act 10 of 1992. Published in A.P, Gazette, on 15-4-1992.] . ### 22. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. (2) No suit or other legal proceedings shall lie against the Committee or the Bar Council 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 made thereunder. ### 23. Bar of jurisdiction of Civil Courts. - No civil courts shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Committee or the Bar Council. ### 24. Power to summon witnesses and take evidence. - The Committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely: (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses. 24A. Powers to amend Schedule. - (1) The Government may, by notification, alter the schedule. [(2) Where a notification has been issued under sub-section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration of the schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modification, but without prejudice to the validity of anything previously done thereunder: Provided that if the notification under sub-section (1) is issued when the Legislative Assembly is in session, such a Bill shall be introduced in the Legislative Assembly during that session: Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislative Assembly, the notification shall cease to have effect on the expiration of the said period of six months. (3) All references made in this Act to the Schedule shall be construed as relating to the Schedule as for the time being amended in exercise of the powers conferred by this section.] [New Section 24-A inserted by A.P. Act No. 19 of 1990.] ### 25. Power of the Bar Council to make rules. - The Bar Council may, with the previous approval of the Government, by notification, make rules for the purpose of carrying into effect all or any of the provisions of this Act. ### 26. Power to make rules. (1) The Government may, by notification, make rules for carrying out the purposes of this Act. (2) Every rule made under the 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 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. [The Schedule] [Substituted by Act No. 1 of 2006, dated 30.12.2005.] (See Section 9 and 16) | | | | | --- | --- | --- | | SI.No. | Years of Standing | Amount Payable | | 1. | 30 | Rs. 90,000 | | 2. | 29 | Rs. 87,000 | | 3. | 28 | Rs. 84,000 | | 4. | 27 | Rs. 81,000 | | 5. | 26 | Rs. 78,000 | | 6. | 25 | Rs. 75,000 | | 7. | 24 | Rs. 72,000 | | 8. | 23 | Rs. 69,000 | | 9. | 22 | Rs. 66,000 | | 10. | 21 | Rs. 63,000 | | 11. | 20 | Rs. 60.000 | | 12. | 19 | Rs. 57,000 | | 13. | 18 | Rs. 54,000 | | 14. | 17 | Rs. 51,000 | | 15. | 16 | Rs. 48,000 | | 16. | 15 | Rs. 45,000 | | 17. | 14 | Rs. 42,000 | | 18. | 13 | Rs. 39,000 | | 19. | 12 | Rs. 36,000 | | 20. | 11 | Rs. 33,000 | | 21. | 10 | Rs. 30,000 | | 22. | 9 | Rs. 27,000 | | 23. | 8 | Rs. 24,000 | | 24. | 7 | Rs. 21,000 | | 25. | 6 | Rs. 18,000 | | 26. | 5 | Rs. 15,000" |
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acts
State of Jammu-Kashmir - Act ------------------------------ The Jammu and Kashmir Fisheries Act, 1960 (1903 A. D.) -------------------------------------------------------- JAMMU & KASHMIR India The Jammu and Kashmir Fisheries Act, 1960 (1903 A. D.) ======================================================== Rule THE-JAMMU-AND-KASHMIR-FISHERIES-ACT-1960-1903-A-D of 1903 ---------------------------------------------------------------- * Published on 10 July 1903 * Commenced on 10 July 1903 The Jammu and Kashmir Fisheries Act, 1960 (1903 A. D.) [Sanctioned by His Highness the Maharaja Sahib Bahadur in Council vide State Council Resolution No. 3 dated 10th July, 1903 and published in Government Gazette dated 20th Sawan, 1970 as amended up to 1st Baisakh, 1970.] Whereas it is expedient to consolidate and amend the law regulating the capture of fish within the territories of Jammu and Kashmir State; it is hereby enacted as follows:- ### 1. Short title and commencement. - This Act may be called the Jammu and Kashmir Fisheries Act and shall come into force on the Ist day of Baisakh, Samvat 1960. ### 2. Local extent. - It shall extend to such local areas within the territories of the State as may, from time to time, be declared by a notification, published in the Jammu and Kashmir Government Gazette, under the orders of the [Government] [In sections 2, 5(1) , 5(2) and 17 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] in that behalf. ### 3. Extent of repeal of the existing laws and practices. - The Jammu and Kashmir Fisheries Regulation, 1901, is hereby repealed and the system hitherto in vogue in the Kashmir Province, of forming out the right of fishing known as Mahal-i-Mahigiri shall immediately on the passing of this Act cease to exist. Saving clause. - All orders issued and taxes imposed, prior to the passing of this Act, shall, so far as they are consistent with the provisions contained in this Act or the rules made thereunder, be deemed respectively to have been issued and imposed hereunder. ### 4. Interpretation clause. - In this Act, unless there is anything repugnant in the subject or context,- "Water" means and includes all rivers, streams and lakes; all ponds belonging to the State, and all tanks constructed by or under the authority of the State. "Sanctuaries" mean and include waters, where fishing, because of the sacred nature of the places or otherwise, shall under no circumstances, be permitted. "Trout Waters" mean and include all waters, which are now being stocked with English trout, in which no fishing shall be permitted, except, under a special licence issued for that purpose under the conditions laid down under [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon. 1996.] , as well as a permit showing the water and period for which the licence is issued. "Reserved Waters" mean and include waters where fishing shall not be permitted, except, under a special licence issued in that behalf, in the manner indicated hereafter, nor shall the capture of fish be allowed by means other than a rod and line or a casting net of the kind described in clause (15) of For [Notification 8] [Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon. 1996.] , N. B. - The ordinary landing net and bait net used by rod fishermen is permitted to be used, provided the owner holds a licence for rod fishing as laid down in [Notification 8] [For Notification see Council No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] , "Protected Water" mean and include waters where fishing shall not be permitted, except under a licence issued in that behalf in the manner indicated hereafter, nor shall the capture of fish be allowed except by one or other of recognized modes of fishing. "Fixed Engine" means and includes any net (other than those referred to in the clause above and the note thereto relating to "Reserved Waters", and any cages, traps, cluice or other contrivance for taking fish, fixed in the soil, or made stationary in any other way. N.B - The erection of dams for working of mills, etc., is permitted, but in all cases a free channel must be left open for the passage of fish up and down the river, The channel should, if possible, be half the river but the rights of mill owners should be protected, so that a sufficiency of water is guaranteed for their mills. The construction of the dam to form a cluice for the capture of fish is illegal as forming " Fixed Engine" under the terms of the above clause. ### 5. Declaring what waters are "Sanctuaries," "Trout Waters," "Reserved Waters" and "Protected Waters". (1) [The Government] [In sections 2, 5(1) , 5(2) and 17 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] , may by a notification published in the Jammu and Kashmir Government Gazette in that behalf, from time to time, declare the localities situated within the areas, in which this Act is in force, which shall, for the purposes of this Act, be treated as "Sanctuaries", "Trout Waters," "Reserved Waters," and "Protected Waters" respectively, and may, from time to time, cancel or modify the same. Declaring that fishing be prohibited absolutely or subject to certain specified conditions. - (2) [The Government] [In sections 2, 5(1) , 5(2) and 17 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] may, by a notification published in the Jammu and Kashmir Government Gazette in that behalf, from time to time, declare that the capture of fish by any of the recognised modes of fishing, be prohibited absolutely or subject to certain specified conditions, within certain water or waters, or fix special fees for licences in any water or waters and may, from time to time, cancel or modify the same. (3) The following places are reserved for rod fishing only from April 15th to September 15th subject to the close seasons laid down under [Notification 7 (d)] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] :- (a) The Sindh River at Ganderbal from half a mile below the old bridge to half a mile above the chenars on the left bank and including the "Island Pool", and also from 100 yards above Utkhuroo village to the chenar tree 300 yards below the village with the reservation that all fishing is strictly prohibited at Ganderbal within the limits of His Highness the Maharaja Sahib’s camping ground. (b) The Dal Gate Pool and the Canal Gate Pool just above the Library, and the Pool at Badshahi Bagh. N.B. - Sportsmen holding Rs. 5 licence for reserved waters wishing to fish in the Dal Gate and Canal Gate Pool which lie within Municipal limits may be called upon to pay the extra Licence fee of Rs. 2 laid down by the Municipality for fishing within Municipal waters. (c) The bridges at Baramulla, Sopore, Sumbal (with the exception of the limits of the sacred temple of "Nand Kaeshar-Bharin", Bijbihara from 100 yards up stream to half a mile below the bridge and the Jhelum at Ningle from the mouth of the Wular lake to the boundary pillar. (d) The Vishau with its branches from its source to the bridge at Kaimoo. ### 6. Absolute prohibition against Ashing in "Sanctuary." - Whoever is found fishing in any "Sanctuary" shall be liable to be punished with imprisonment of either description for a term which may extend to two months or with fine which may extend to Rs. 100 or with both. ### 7. Fishing in "Trout" "Reserved" or "Protected" Waters allowed only under a licence. (a) Whoever is found fishing in any "Trout" "Reserved" or "Protected" water without having previously obtained a licence therefor, in conformity with the rules set forth in For [Notifications] [Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] ; or Use of dynamite etc., prohibited in any "water". - (b) whoever uses dynamite or other explosive substance in water with intent thereby to catch or destroy any fish that may be there; or Use of poison, lime etc. prohibited in any "water". - (c) whoever puts any poison, lime or other noxious material, into any water with intent thereby to destroy or catch any fish ; or Erection of "Fixed Engine" etc. prohibited in any water. - (d) whoever erect a "Fixed Engine" or Weir on the bank of, or in, any "water" for the purpose of capturing fish, or uses for the like purpose any instrument or net other than those allowed by [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] ; Night fishing prohibited in any "Trout" or "Reserved"water. - (e) whoever is found fishing in any "Trout" or "Reserved" water in contravention of the provisions of [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] ; or Prohibition as to capture of English Trout. - (f) whoever, is found capturing English Trout in any form whatever, except as provided for under [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] ; or (ff) [ whoever is found capturing or in possession of Mirror Carp below [five inches] [Clause (ff) inserted by Act IX of 1956.] in length save under a permit issued by the Director Fish Preservation; ] or Possession of nets by a person other than a licence-holder prohibited. - (g) who, not being a licence-holder under the terms of this Act, is found in the possession of a net or nets for the illegal capture of fish; or Aiding and abetting the commission of any of the above offences prohibited. - (h) whoever aids and abets the commission of any of the above offences ; or Shikaries taking service not having a licence. - (i) who, being shikari, shall take service with sportsmen not being licensed under section 16(c) infra; or General prohibition penalties. - (j) whoever in any way contravenes or attempts to contravene the provisions of this Act or the rules issued thereunder, for which no special punishment is provided, either in this Act or the rules aforesaid, shall be liable to be punished with imprisonment, either simple or rigorous, which may extend to one month or with fine which may extend to Rs. 50 or with both ; [Provided that in the case of an offence committed in trout waters the fine shall not be less than rupees ten.] [Proviso inserted by Act IX of 1959.] While, if a shikari, he shall also be liable to have his licence forfeited for one year or for such further period as may be considered necessary. Note. - Imprisonment for an offence committed in "Trout" or "Reserved" waters may be either simple or rigorous, but it shall only be "simple" in the case of an offence committed in "Protected Waters." Exception. - Notwithstanding anything in clause (a) supra [the Government] [Substituted by Act X of Svt. 2010 for 'His Highness the Maharaja'.] may exempt any specified individual or individuals from taking out licence for fishing in either "Trout" or "Reserved" or "Protected" waters. ### 8. Further Penalties. - In addition to the punishment mentioned in section 6 and at the end of section 7 any fixed engine or other article used for the capture of fish in contravention of the provisions of this Act or the rules issued thereunder, as well as any fish thereby captured, shall be liable to be confiscated by the Government. ### 9. Penalty for continuing to commit an offence after having been warned to desist. - Any person continuing to commit any of the offences mentioned in section 6 and 7, supra after he has been warned by any authority to desist, shall, in addition to the punishment awardable on first conviction, be liable to be punished with a fine which may extend to Rs. 10, for each and every day succeeding that on which he was so warned. 10. Enhanced punishment awardable on second conviction, etc. - (a) Any person convicted more than once under section 6 shall be punishable with imprisonment of either description for a period which may extend to six months or with fine which shall not be less than rupees twenty-five but which may extend to five hundred rupees or with both. [(b) Any person convicted more than once of any of the offences mentioned in section 7 shall be punishable with imprisonment of description which may extend to four months or with fine which shall not be less than rupees twenty-five or both.] ### 11. Courts by which offences under this Act are triable. - Offences punishable under this Act or the rules made thereunder shall be tried and inquired into by the State Courts in the ordinary way and in accordance with the Criminal Law of the State [x x] [Certain words omitted by A. L. O. 2008. (Svt.)] , ### 11A. [ Power to compound offences. [Section 11-A inserted by Act IX of Svt. 1999.] (1) The Government may, from time to time, by notification in the Government Gazette, empower a gazetted officer by name or by virtue of his office,- (a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, a sum of money by way of composition for such offence, and (b) when any property liable to confiscation under this Act, has been seized, to release the same on payment of the value thereof as estimated by such officer or for special reasons to be recorded in writing, without such payment. (2) On payment of the composition money under clause (a) of sub-section (1), or the value of the property under clause (b) of sub-section (1), or both, as the case may be, the suspected person, if in custody, shall be discharged, the property, if seized, shall be released and no further proceedings shall be taken against such person or property. (3) The sum of money accepted by way of composition under clause (a) of sub-section (1) shall in no case exceed the amount of the maximum fee chargeable for the time being for a licence under this Act.] [Section 10 substituted by Act IX of 1959.] (4) [ Notwithstanding anything contained in section 12 the Director Fish Preservation may grant rewards to persons giving bona-fide information relating to commission of an offence which has been compounded under this section : provided that the amount of reward so granted shall not exceed the amount realized by way of composition.] [Sub-section (4) inserted by Act IX of 1959.] ### 12. Rewards. - Any person or persons giving such bona-fide information as shall lead to a conviction under this Act (Fisheries) shall be entitled to a reward which may at the discretion of [the Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] trying the case extend to the full amount of the fine inflicted. (2) Watchers of the Game Preservation Department and Fisheries who shall give information under para (1) supra shall not be debarred from receiving the full reward. (3) The [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] trying the case will have the power to grant the above rewards (1) and (2) supra on his authority without any reference to the Government. ### 13. Procedure against accused persons. - [(1) When any person who, in the presence of an officer duly appointed in this behalf under the rules in force, commits or attempts to commit or has been accused of committing any offence under this Act, refuses, on demand by such officer to give his name and address, or gives his name or address which such officer has reason to believe to be false, he may be arrested by such officer. The officer making such arrest may seize all fishing implements and other articles intended to be used in connection with the commission of such offences in possession of the person arrested and shall prepare a list of such article.] [Sub-section (1) substituted by Act XL of 1966.] (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before [a Judicial Magistrate,] [Substituted by Act XL of 1966 for 'Magistrate'.] if so required, provided that if such person is not resident in the State territories, the bond shall be secured by a surety or sureties resident in State territories. (3) Should the true name and residence of such person not be ascertained within 24 hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction [xxx] [Note to section 13 repealed by Act XX of Svt. 1998.] ### 14. Application for licences how made. - Subject to the restrictions of section 15 applications for the grant of a licence for fishing in "Trout" or "Reserved" or "Protected" waters will be made in accordance with the provisions laid down in [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] of this Act, and to the officer authorized to receive such applications under the same. Each such application shall be accompanied by a deposit of a fee leviable in respect of each such licence, according to clause 3 of the aforesaid notification. ### 15. Grant of licence how made. - On receipt of the application and the fee just mentioned, the officer referred to in the preceding section shall grant a licence in accordance with clause (4) of [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.] . A licence thus granted will run for a period of one year, commencing from beginning of each [Financial year] [Substituted by Act IX of 1959 for 'Financial year'.] , with the following exception, - At Tangrot, where the licence will run from the commencement of the season, viz., January 1st each year ; and, in the case of Trout waters, where the licence shall extend during the fishing season only which for the present will be from [15th March to 15th October.] [Substituted by IX of 1959 for 'April 1st to September 30th'.] ### 16. Special control of the Game Preservation Department in "Trout" "Reserved" and "Protected" waters. (a) The grant of licences, the appointment and dismissal of watchers and matters of control, whether financial or executive, in "Trout" "Reserved" and "Protected" waters shall be under the Game Warden. (b) The State reserve to themselves the right to close any river or part of a river at any time for State purposes, or if the river or part of the river in question has been too heavily fished, or for any other reason. The Game Warden is further authorised under this section, to take immediate action if he is satisfied that it is necessary, reporting the steps taken to the Government; and in the event of a licence having been taken out for the period in question, the Game Warden is authorised to refund the licence fees that have been paid. (c) The State reserve to themselves the right to refuse to issue any licence, or to cancel any licence, at any time, if circumstances render it necessary. (d) On all the Trout Waters, at Tangrot, and Ningle on the Jhelum no one shall take service as a regular shikari with sportsmen until he has been registered by the Game Warden, and granted a licence on the form prescribed. Employers of shikaris are advised to insist on the shikaris producing their registration forms, as these show any adverse entries which have been made against them. ### 17. Rules making power. - [The Government] [In sections 2, 5(1) , 5(2) and 17 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] may, from time to time, make rules with regard to all or any of the following matters, as may be deemed necessary, and may cancel or modify the same. Rules thus made or modified shall, unless otherwise directed, have effect immediately on their publication in the Jammu and Kashmir Government Gazette (a) the procedure to be observed in the matter of application for any grant of licences, the forms and local extent of such licences, and the maintenance of registers in connection with the issue of licences ; (b) the scale of fees for the different kinds of licences, their recovery and payment into the Treasury and the maintenance of register in connection with such recovery and payment into the Treasury ; (c) declaring the recognized modes of fishing ; (d) fixing the dimensions of meshes and rings in the different kinds of nets ; (e) prescribing the procedure according to which the local Revenue authorities, under the orders of the Deputy Commissioners, shall render assistance to the State Game Preservation Department in the matter of the control of "Trout, Reserved or Protected Waters" ; (f) prescribing the duties to be performed by the various officials to be appointed for the purpose of carrying out the objects of this Act; (g) generally, for the carrying out of the provisions of this Act.
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acts
State of Himachal Pradesh - Act --------------------------------- The Himachal Pradesh Advocates Welfare Fund Act, 1996 ------------------------------------------------------- HIMACHAL PRADESH India The Himachal Pradesh Advocates Welfare Fund Act, 1996 ======================================================= Act 14 of 1996 ---------------- * Published on 11 December 1996 * Commenced on 11 December 1996 The Himachal Pradesh Advocates Welfare Fund Act, 1996 (Himachal Pradesh Act No. 14 of 1996 ) [Dated 11.12.1996] Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 7.3.1996, p. 894-908. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 24.6.2004, p. 983-988. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P., dated 4.9.2008, p. 3589-3595. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.22.12.2011, p. 4732 &4733. Passed in Hindi by the Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 11.12.2014, p.4938 & 4939. An Act to provide for the constitution of a welfare fund for the benefit of Advocates on cessation of practice in the State of Himachal Pradesh and for matters connected therewith or incidental thereto. Be it enacted by the Legislative assembly of Himachal Pradesh in the Forty-seventh Year of the republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Himachal Pradesh Advocates Welfare Fund Act, 1996. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Advocate" means a person whose name has been entered in the State roll of advocates prepared and maintained by the Bar Council of Himachal Pradesh State under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a Bar Association; (b) "Bar Association" means an association of advocates recognized and registered by the Bar Council under section 14; (c) "Bar Council" means a Bar Council of Himachal Pradesh constituted under section 3 of the Advocates Act, 1961 (25 of 1961); (d) "cessation of practice" means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his death or retirement or on account of his voluntary cessation of practice on the ground of permanent physical or mental disability; (e) "dependents" means the spouse, parent and children dependent on the member of the Fund and includes his widowed daughter and major children who suffer from physical disability or insanity and who are maintained by him or such of them who survive on his death; (f) "Fund" means the Himachal Pradesh Advocates Welfare Fund constituted under section 3; (g) "Government" means the Government of Himachal Pradesh; (h) "Member of the Fund" means an advocate admitted to the benefits of the Fund and continuing to be a member thereof under the provisions of the Act; (i) "prescribed" means prescribed by the Bar Council by rules made under this Act; (j) "retirement" means stoppage of practice as an advocate, communicated and recorded by the Bar Council; (k) "Stamp" means the Himachal Pradesh Advocates Welfare Fund Stamp printed and distributed under section 26; (l) "State" means the State of Himachal Pradesh; (m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct; (n) "Trustee Committee" means the Himachal Pradesh Advocates Welfare Fund Trustee Committee constituted under section 4; (o) "Vakalatnama" includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or institution or other authority legally authorized by any law to take evidence or to adjudicate or decide any dispute. ### 3. Advocates Welfare Fund. (1) The Government shall constitute a Fund called the Himachal Pradesh Advocates Welfare Fund. (2) There shall be credited to the Fund- (a) an initial amount of ten thousand rupees or such other higher amount as the Bar Council may credited to this Fund at the time of its constitution; (b) the amount paid by the Bar Council under section 13; (c) any further contribution that may be made by the Bar Council; (d) any voluntary donation or contribution made to the Fund by the Bar Council of India, any Bar Association, any Advocates Association or other association or institution or any advocate or other person; (e) any sum borrowed under section 11; (f) all sums collected under section 17; (g) all sums received from the Life Insurance Corporation of India on the death of a member of the Fund under a Group Insurance Policy; (h) any profit or dividend or refund received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund; (i) any interest or dividend or other return on any investment made of any part of the Fund; and (j) all sums collected by way of sale of stamps under section 27. (3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of Fund shall be maintained in such manner, as may be prescribed. ### 4. Constitution of Trustee Committee. (1) The State Government shall, by notification in the Official Gazette, constitute with effect from such date [as may be specified therein a Committee to be called "the Himachal Pradesh Advocates Welfare Fund Trustee Committee"] ['HP Advocate Welfare Fund Trustee Committee' constituted vide this Department Notification No. LLR-E(9) 19/96-Leg( Part-II) , dated 3.5.2006.] . (2) The Trustee Committee shall be a body corporate by the aforesaid name having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contract and shall by the said name, sue and be sued. (3) The Trustee Committee shall consist of- (a) the Chairman of the Bar Council of Himachal Pradesh who shall be the Chairman of the Trustee Committee, Ex-officio; (b) the Advocate General of the State of Himachal Pradesh, Ex-officio Member; (c) the Secretary to the Government in Law Department, Ex-officio Member; (d) two members nominated by the Government; (e) three members of the Bar Council nominated by it; and (f) the Secretary of the Bar Council who shall be the Secretary of the Trustee Committee, Ex-officio. (4) A member nominated by the Government under clause (d) and by the Bar Council under clause (e) of sub-section (3) shall hold office for a term of three years or in the case of members mentioned under clause (e) of sub-section (3) upto duration of his membership in the Bar Council, whichever is less, or till such member resigns his office and his resignation is accepted by the Chairman. ### 5. Disqualification and removal of nominated members of Trustee Committee. (1) A person shall be disqualified for being nominated, under clauses (d) and (e) of sub-section (3) of section 4, for being a member of the Trustee Committee, if he- (a) becomes of unsound mind; or (b) is adjudged insolvent; or (c) is absent without leave of the Trustee Committee for more than three consecutive meetings of the Trustee Committee: Provided that the member ceasing to hold office under this clause may be allowed to continue as such member by the Trustee Committee, if such member makes an application for the condonation of the absence; or (d) is a defaulter to the Fund (in case he is a member of the Fund); (e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set-aside; or (f) being a person nominated by the Bar Council- (i) ceases to practise as an advocate under the Advocates Act, 1961 (25 of 1961); or (ii) ceases to be member of the Bar Council; or (iii) is debarred from practicing on the ground of professional misconduct. (2) The Government may remove any member who is or has become disqualified under sub-section (1) from the membership of the Trustee Committee: Provided that no order removing any member nominated by the Bar Council shall be passed unless the member and the Bar Council have been given an opportunity of being heard. ### 6. Resignation by nominated members of Trustee Committee and filling up of casual vacancies. (1) Any member nominated under clauses (d) and (e) of sub-section (3) of section 4 may resign his office by giving three months notice in writing to the Government or the Bar Council, as the case may be, and on such resignation being accepted by the Government or as the case may be, by the Bar Council, he shall be deemed to have vacated his office. (2) A casual vacancy in the office of a member nominated under clause (d) or clause (e) of sub-section (3) of section 4 occurring on account of death, resignation and removal of a member under sub-section (2) of section 5 may be filled up, as soon as it may be convenient, by nomination of any person as a member thereto by the Government or the Bar Council, as the case may be, and a person so nominated to fill such vacancy shall hold office for the remainder of the term of office of the member in whose place he is nominated. ### 7. Acts of Trustee Committee not to be invalidated by vacancy, defect etc. - No act done or no proceeding taken by or under this Act by the Trustee Committee shall be invalidated merely by reason of- (a) any vacancy or defect in the constitution of the Committee ;or (b) any defect or irregularity in the nomination of any person as a member thereof; or (c) any defect or irregularity in such act or proceeding not affecting the merits of the case. ### 8. Vesting and application of Fund. - The Fund shall vest in, and be held and applied by, the Trustee Committee subject to the provisions, and for the purposes, of this Act. ### 9. Functions of Trustee Committee. (1) The Trustee Committee shall administer the Fund. (2) In the administration of the Fund, the trustee Committee shall, subject to the provisions of this Act, and the rules made thereunder,- (a) hold the amounts and assets belonging to the Fund trust; (b) receive applications for admission or re-admission to the Fund and dispose of such applications within ninety days from the date of receipt thereof; (c) receive applications from the members of the Fund, their nominees or legal heirs, as the case may be, for payment out of the Fund, and conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within ninety days from the date of receipt thereof; (d) record in the minutes book of the trustee committee, its decisions on the applications; (e) pay to the applicants amounts at the rates specified in the Schedule; (f) send such periodicals and annual reports, as may be prescribed, to the government and the Bar council; (g) communicate to the applicants, by post under certificate of posting, the decisions of the Trustee committee in respect of applications for admissions or re-admissions to the Fund or claims to the benefit of the fund; (h) appoint such officers and servants as it may think necessary for carrying out the purposes of this Act on such terms and conditions as may be prescribed; and (i) do such other acts as are, or may be, required to be done by it under this Act and the rules made thereunder. ### 10. Power to give directions. - The Bar Council or the Trustee Committee may give to the Advocates Association or Bar Association such directions as, in its opinion, are necessary or expedient for carrying out the purposes of this Act. ### 11. Funds, borrowing and investments. (1) The Trustee Committee may, with the prior approval of the Government and the Bar Council, borrow, from time to time, any sum required for carrying out the purposes of this Act. (2) The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any Scheduled Bank or invest the same in any units issued by the Unit Trust of India or any National Savings Certificates issued by any Post Office or in loans floated by any Corporation owned or controlled by the Central Government or the State Government or in securities or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the Government. (3) All amounts due and payable under this Act and all expenditure related to the management and administration of the Fund shall be paid out of the Fund. (4) The accounts of the Trustee Committee shall be audited annually by a Chattered Accountant approved by the Bar Council. (5) The accounts of the Trustee Committee as certified by the auditor, together with the audit report thereon, shall be forwarded to the Bar Council and the Government by the Trustee Committee and Bar Council may issue such directions as it deems fit to the Trustee Committee in respect thereof. (6) The Trustee Committee shall comply with the directions issued by the Bar Council under sub-section (5). ### 12. Powers and duties of Secretary. - The Secretary of the Trustee Committee shall- (a) be the chief executive authority of Trustee Committee and responsible for carrying out its decisions; (b) represent the Trustee Committee in all suits and proceedings for and against the Trustee Committee; (c) authenticate by his signature all decisions and instructions of the Trustee Committee; (d) operate the bank accounts of the Trustee Committee jointly with the Chairman or his nominee; (e) convene meetings of the Trustee Committee and prepare its minutes; (f) attend the meeting of the Trustee Committee with all the necessary records and information; (g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee; (h) prepare an annual statement of business transacted by the Trustee Committee during such financial year; (i) inspect and verify periodically the accounts and registers of the Bar Associations regarding the sale of stamps and other matters connected therewith; and (j) do such other acts as may be directed by the Trustee committee and the Bar Council. ### 13. Transfer of certain money to the Fund. - The Bar Council shall pay to the Fund annually an amount equal to ten percent of the enrolment fees realized by it. ### 14. Recognition and registration of Bar Associations. (1) All associations of advocates known by any name, functioning in any part of the State may, before a date to be notified or before such extended date as may be notified by the Bar Council in this behalf, apply to the Bar Council in such form and manner as may be prescribed for recognition and registration. Any association of advocates formed after the date of commencement of this Act may at any time thereafter likewise apply to the Bar Council for recognition and registration. (2) Every application for recognition and registration shall be accompanied by the rules or bye-laws of the association, names and addresses of the office-bearers of the association and an upto-date list of the members of the association showing the name, address, age, date of enrolment and the ordinary place of practice of each member. (3) The Bar Council may, after such enquiry as it deems necessary, recognize the association and issue a certificate of registration in such form as may be prescribed. (4) The decision of the Bar Council regarding the recognition and registration of a Bar Association shall be final. ### 15. Duties of Bar Association. (1) Every Bar Association shall on or before the 15th April of every year, furnish to the Bar Council and the Trustee Committee a list of its members as on the 31st March of that year. (2) Every Bar Association shall inform the Bar Council and Trustee Committee of - (a) any change in its office-bearers or in its membership, including admissions and re-admissions, within thirty days of such change; (b) the death or other cessation of practice or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; and (c) such other matters as may be required by the Bar Council from time to time. (3) Every Advocates Association and every Bar Association shall carry out the directions given to it under section 10 by the Bar Council or the Trustee Committee, as the case may be. ### 16. Cancellation of recognition and registration of Bar Association. - Where the Advocates Association or the Bar Association fails to discharge any of the duties imposed under section 15, or fails to carry out the directions given under section 10, the Bar Council may, for reasons to be recorded by order, cancel the recognition and registration of such Association: Provided that no order canceling the recognition and registration of any Advocates Association or the Bar Association shall be passed unless the Advocates Association or the Bar Association has been given a reasonable opportunity of being heard. ### 17. Membership of the Fund. (1) Any advocate practicing in or before any court, tribunal or authority in the State and being a member of a Bar Association or an Advocates Association recognized by the Bar Council may apply to the Trustee Committee for admission as a member of the Fund in such form as may be prescribed. (2) On receipt of an application under sub-section (1), the Trustee Committee shall make enquiry as it deems fit and either admit the applicant to the Fund or, for reasons to be recorded in writing, reject the application : Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. (3) Every applicant shall, alongwith the application, pay, in the prescribed manner, an application fee- (i) in the case of an applicant who, on the date of application has practised for a period of less than ten years, rupees one hundred; and (ii) in the case of an applicant who, on the date of application has practised for a period of ten years or more, rupees two hundred : Provided that when an application is rejected under sub-section (2) the application fee paid by the applicant shall be refunded to him. (4) [ Every member of the Fund shall pay an annual subscription to the Fund on or before the 30th June every year at the following rates, namely:-] [Sub-section (4) Substituted vide Act No. 15 of 2008 (sec. 2).] | | | | --- | --- | | Where the standing of the Advocate at the Bar is less than ten years. | Two hundred rupees. | | Where the standing of the Advocate at the Bar is ten years or more | Four hundred rupees: | [Provided that a Member of the Fund may at his option make one time payment of life subscription of five thousand rupees at the time of admission or, thereafter, may opt at any time for life membership by making payment of the balance amount so as to credit to his account total sum of five thousand rupees.] [Substituted for the existing first and second provisos vide Act No. 7 of 2015.] (5) Any member of the Fund who fails to pay the annual subscription for any year on or before the [30th June] [Substituted for the figures and words '31st March' vide Act No. 15 of 2008.] of that year shall be liable to be removed from the membership of the Fund. (6) A person removed from the membership of the Fund under subsection (5) may be re-admitted to the Fund on payment of the arrears with the re-admission fee of twenty five rupees within six months from the date of removal. (7) Every member of the Fund Shall, at the time of admission to the membership of the Fund, make nomination conferring on one or more of his dependents the right to receive, in the event of his death, any amount payable to the member under this Act. (8) If a member of the Fund nominates more than one person under sub-section (7), he shall specify in the nomination the amount or share payable to each of the nominees. (9) A member of the Fund, may, at any time, cancel a nomination by sending a notice in writing to the Trustee Committee; provided that he shall, along with such notice, send a fresh nomination. (10) Every member of the Fund who has requested the removal of his name from the State roll under section 26-A of the Advocates Act, 1961 (25 of 1961) or who voluntarily suspends practice shall within fifteen days of such request or suspension, intimate that fact to the Trustee Committee and if any member of the Fund fails to do so without sufficient reasons, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act. ### 18. Payment of amount on cessation of practice. (1) Every advocate who has been a member of the Fund for a period of not less than ten years shall, on his cessation of practice, be paid an amount at the rate specified in the Schedule : Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of ten years from the date of his admission as member of the Fund as a result of his death or of any permanent physical or mental disability, the Trustee Committee may pay the member of the Fund or his nominee, as the case may be, an amount at the rate specified in the Schedule. Explanation. - The period during which the member of the Fund remained suspended shall not be considered for the purpose of counting the year of standing. (2) Where a member of the Fund dies, before receiving the amount payable under sub-section (1), his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund. (3) Any person removed from the membership of the Fund under subsection (5) of section 17 and re-admitted to the Fund under sub-section (6) of that section shall not be entitled to payment of any amount from the Fund under this Act during the period between the date of his removal from the membership of the Fund and the date of re-admission. (4) Any member who is suspended by the Bar Council for misconduct under the Advocates Act, 1961 (25 of 1961) shall not be entitled to payment of any amount from the Fund under this Act for the period of suspension. (5) Every member or his nominee or legal heir, as the case may be, shall apply for payment out of the Fund to the Trustee Committee, in such form, as may be prescribed. ### 19. Restriction on alienation, attachment etc. of interest of members in the Fund. (1) Notwithstanding anything contained in any other law for the time being in force, the interest of any member in the Fund or the right of a member of the Fund or his nominee or legal heirs to receive any amount from the Fund, shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or legal heirs. Explanation. - For the purpose of this section, "creditor" includes the State, or an Official Assignee or Official Receiver appointed under the law relating to insolvency for the time being in force. ### 20. Group Life Insurance for members and other benefits. - The Trustee Committee may, for the welfare of the members of the Fund- (a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund; (b) provide in such manner as may be prescribed for medical and educational facilities for the members of the Fund and their dependents; and (c) provide for such other benefits as may be prescribed. ### 21. Ex-gratia grant to a member of the Fund. - The Trustee Committee on an application submitted to it, and after being satisfied about the genuineness of the claim, may allow ex-gratia grant to a member from the Fund.- (a) in the case of hospitalization at least for one month or involving a major physical operation; or (b) if he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from some other serious diseases or disabilities. [\*\*\*] [Sub-section (2) deleted vide Act No. 18 of 2004 (Sec.3).] ### 22. Welfare scheme for indigent and disabled advocates. - Notwithstanding anything contained in this Act, the Trustee Committee may also at its discretion give financial assistance from the Fund to organize welfare schemes for the indigent, disabled or other advocates [or their dependents] [The words 'or their dependents' Inserted vide Act No. 18 of 2004 (Sec. 4)] , who may or may not be members of the Fund. ### 23. Meetings of Trustee Committee. (1) The Trustee Committee shall meet atleast once in three calendar months or more often if found necessary to transact business under this Act and the rules made thereunder. (2) One third members of the Trustee Committee shall form the quorum for a meeting of the Committee. (3) The Chairman, or in his absence, a member elected from amongst the members present, shall preside over the meeting of the Trustee Committee. (4) Any matter coming up before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and in the case of any equality of votes, the chairman or the members presiding over the meeting shall have a casting vote. ### 24. Traveling and daily allowances to members of Trustee Committee. - The non-official members of the Trustee Committee shall be entitled to be paid such traveling allowance and daily allowance as are admissible to the members of the Bar Council. ### 25. Appeal against decisions of trustee Committee. (1) Appeal against any decision of the Trustee Committee shall lie to the Bar Council. (2) The appeal shall be in the prescribed form and shall be accompanied by - (a) a copy of the order appealed against; and (b) a receipt evidencing payment of twenty-five rupees to the credit of the Bar Council in any of the branches of the State Bank of India in Himachal Pradesh. (3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against. (4) The decision of the Bar Council on the appeal shall be final. ### 26. Printing and distribution of Advocates Welfare Fund Stamps by Bar Council. (1) The Bar Council shall cause to be printed and distributed Welfare Fund Stamp of the value of [ten] [Substituted for the word 'five' vide Act No. 18 of 2004 (sec. 5).] rupees inscribed "Himachal Pradesh Advocates Welfare Fund Stamp" in such design as may be prescribed. (2) The stamps shall be of the size 2.54 cm. by 5.08 cm. (3) The custody of the stamps shall be with the Bar Council. (4) The Bar Council shall control the distribution and sale of the stamps through the Bar Associations and Advocates Associations. (5) The Bar Council, the Bar Associations and Advocates Associations shall keep proper accounts of the stamps in such form and in such manner as may be prescribed. (6) The Bar Associations and Advocates Associations shall purchase the stamps from the Bar Council after paying the value thereof less ten per cent of such value towards incidental expenses. ### 27. Vakalatnama to bear stamps. - [(1) Every Advocate shall affix a stamp of rupees ten on every Vakalatnama filed by him before any court, tribunal or authority and no court, tribunal or authority shall accept any Vakalatnama from an Advocate unless it is so stamped in addition to any stamp required under any other law for the time being in force.] [Substituted vide Act No. 18 of 2004 (sec. 6).] (2) The value of the stamp shall neither be costs in a case nor be collected in any event from the client. (3) Any contravention of the provisions of sub-sections (1) and (2) by any member of the Fund shall disentitle him, either in whole or in part, to the benefits of the Fund [and shall be deemed to be a misconduct on the part of an Advocate] [Added vide Act No. 18 of 2004 (sec. 6).] and the Trustee Committee shall report such instances to the Bar Council for appropriate action (4) Every stamped affix on vakalatnama filed before any Court, Tribunal or other authority shall be cancelled in such manner as may be prescribed. ### 28. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. (2) No suit or other legal proceedings shall lie against the Government or the Trustee Committee or the Bar Council for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. ### 29. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the Bar Council. ### 30. Power to summon witnesses and take evidence. - The Trustee Committee and the Bar Council shall, for the purpose of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following namely :- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) issuing commission for the examination of witnesses. ### 31. Power to make rules. - The Bar Council may, with the previous approval of the Government, by notification, make rules for the purposes of carrying into effect the provisions of this Act. ### 32. Power to amend Schedule. - The Government may, by notification, on the recommendation of the Trustee Committee and having due regard to the availability of the amount in the Fund, amend the rates specified in the Schedule. ### 33. Laying of rules and notification. - Every rule made under section 31, and every notification issued under section 32, shall, as soon as possible, after it is made or issued, be laid on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so laid or the next session, the Assembly makes any modification in any such rule or notification or the Assembly decides that rule or the notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. The Schedule [See sections 9 (2) (e), 18 and 32] | | | | --- | --- | | | Rs. | | [30 years as a member of the Fund [Rates specified in Schedule substituted vide Not. No. . LLR-E(9) - 19/96- Leg. (Part-II) dated 17th January, 2007, published in R.H.P. Extra., dated 19.1.2007,. 11317-11319.] | 1,50,000 | | 29 years as a member of the Fund | 1,45,000 | | 28 years as a member of the Fund | 1,40,000 | | 27 years as a member of the Fund | 1,35,000 | | 26 years as a member of the Fund | 1,30,000 | | 25 years as a member of the Fund | 1,25,000 | | 24 years as a member of the Fund | 1,20,000 | | 23 years as a member of the Fund | 1,15,000 | | 22 years as a member of the Fund | 1,10,000 | | 21 years as a member of the Fund | 1,05,000 | | 20 years as a member of the Fund | 1,00,000 | | 19 years as a member of the Fund | 95,000 | | 18 years as a member of the Fund | 90,000 | | 17 years as a member of the Fund | 85,000 | | 16 years as a member of the Fund | 80,000 | | 15 years as a member of the Fund | 75,000 | | 14 years as a member of the Fund | 70,000 | | 13 years as a member of the Fund | 65,000 | | 12 years as a member of the Fund | 60,000 | | 11 years as a member of the Fund | 55,000 | | 10 years as a member of the Fund | 50,000 | | 9 years as a member of the Fund | 45,000 | | 8 years as a member of the Fund | 40,000 | | 7 years as a member of the Fund | 35,000 | | 6 years as a member of the Fund | 30,000 | | 5 years as a member of the Fund | 25,000 | | 4 years as a member of the Fund | 20,000 | | 3 years as a member of the Fund | 15,000 | | 2 years as a member of the Fund | 10,000 | | 1 years as a member of the Fund | 5,000.] |
65b91bd7ab84c7eca86e851e
acts
State of Uttar Pradesh - Act ------------------------------ The U.P. Co-operative Societies (Removal of Difficulties) Order, 1968 ----------------------------------------------------------------------- UTTAR PRADESH India The U.P. Co-operative Societies (Removal of Difficulties) Order, 1968 ======================================================================= Rule THE-U-P-CO-OPERATIVE-SOCIETIES-REMOVAL-OF-DIFFICULTIES-ORDER-1968 of 1968 -------------------------------------------------------------------------------- * Published on 5 February 1968 * Commenced on 5 February 1968 The U.P. Co-operative Societies (Removal of Difficulties) Order, 1968 Published vide Notification U.P. Gazette, Extraordinary, dated 5th February, 1968, pages 4-6, vide Notification No.963-C-12-CA-25(1) -68, dated February 5, 1968 Whereas, sub-section (1) of Section 30 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act XI of 1966) (hereinafter referred to as the Act), required that every Co-operative Society shall have a Chairman elected in accordance with the provisions contained in the rules and the bye-laws; And whereas, sub-section (1) of Section 31 of the Act, requires that there shall be a Secretary of every Co-operative Society to be appointed and removable by the Society, subject to the provisions of the rules and the regulations framed under Sections 121 and 122 of the Act, and further that the emolument's and other conditions of service of the Secretary shall be such as may be provided in the bye-laws of the Society, made in conformity with the rules and the regulations; And whereas, the existing bye-laws of some Co-operative Societies do not provide for an elected Chairman or for a paid Secretary appointed and removable by the Society; And whereas, according to the provisions of sub-sections (3) and (7) of Section 131 of the Act, the existing Co-operative Societies have been allowed within a period of one year from the date of coming into force of the Act, to amend their bye-laws to bring them in conformity with the provisions of the Act, and, to constitute its committees of management in accordance with the provisions of the Act; And whereas, sub-section (8) of Section 31 of the Act provides that notwithstanding anything in the Act, no act or proceeding of a Co-operative Society or its committee of management shall be invalid or questioned in Court merely on the ground that up to the time of adjustment of membership or reconstitution of the committee of management in accordance with the provisions of said Section 131, the membership of the Society or the constitution of its committee of management was inconsistent with the provisions of the Act and the rules made thereunder, And whereas, no provision on the lines of the provisions of sub-section (8) of Section 131, exists in the Act, in regard to the existing Co-operative Societies which do not have Chairman and Secretaries in accordance with the provisions of the Act; And whereas, the functions of no such Co-operative Society can be carried on in accordance with the Act, tall the Chairman or the Secretary, as the case may be, has been elected or appointed in accordance with the provisions of the Act and the rules made thereunder; And whereas, a difficulty has arisen in giving effect to the provisions of the Act; Now, therefore, in exercise of the powers under sub-section (1) of Section 133 of the Act, the Governor is pleased to make the following order: ### 1. Short title and commencement. (1) This Order may be called the Uttar Pradesh Co-operative Societies (Removal of Difficulties) Order, 1968. (2) It shall come into force with effect from the date of its publication in the Gazette. ### 2. During the period of one year from the date of coming into force of this Order, the provisions of the Uttar Pradesh Co-operative Societies Act, 1965 (hereinafter referred to as the Act) shall have effect subject to the following modifications; after sub-section (8) of Section 131 of the Act, the following new sub-section shall be added namely,- "(9) Notwithstanding anything in the Act, no act done by a person holding the office of the Chairman of a Co-operative Society, whether he is called a Chairman or as President or by any other name, shall be invalid or questioned in Court merely on the ground that such person is not the Chairman elected in accordance with the provisions of Section 30 of this Act. (10) For so long as a Secretary is not appointed by a Society in accordance with sub-section (1) of Section 31 of this Act- (a) where there is an officer already appointed by the Society, under its existing bye-laws to work as its Chief Executive Officer, whether designated as General Manager or by any other name, such officer shall be deemed to be the Secretary of the Society appointed in accordance with sub-section (1) of Section 31 of this Act; and (b) where there is no such appointed officer or where it becomes otherwise necessary for the Society to appoint such officer to fill a vacancy, any person, possessing the qualifications specified by the Registrar under Section 120 of this Act, may be appointed as such officer by the Society and such officer shall be deemed to be the Secretary of the Society appointed in accordance with sub-section (1) of Section 81 of this Act: Provided that pending the appointment by the Society of any officer under this clause, the person appointed by the Chairman of that Society to work as such officer, shall be deemed to be the Secretary of the Society appointed in accordance with sub-section (1) of Section 31 of this Act. (11) Notwithstanding anything in this Act, no act done by a person who is deemed to have been appointed as Secretary, under sub-section (10) shall be invalid or questioned in Court merely on the ground that such person is not a Secretary appointed in accordance with sub-section (1) of Section 31 of this Act".
65b9ac67ab84c7eca86e9953
acts
UT Chandigarh - Act --------------------- Indian Penal Code (Haryana Amendment) Act, 2014 ------------------------------------------------- CHANDIGARH India Indian Penal Code (Haryana Amendment) Act, 2014 ================================================= Rule INDIAN-PENAL-CODE-HARYANA-AMENDMENT-ACT-2014 of 2014 ----------------------------------------------------------- * Published on 29 May 2019 * Commenced on 29 May 2019 Indian Penal Code (Haryana Amendment) Act, 2014 Published vide Notification No. G.S.R. 383(E) , dated 29.5.2019 Last Updated 31th May, 2019 Ministry of Home Affairs G.S.R. 383(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 Indian Penal Code (Haryana Amendment) Act, 2014 (Haryana Act No. 18 of 2015), as in force in the State of Haryana on the date of publication of this notification, subject to the following modifications, namely: - Modifications In the Indian Penal Code (Haryana Amendment) Act, 2014, - (a) in section 1, after figures "2014", the words "as extended to the Union Territory of Chandigarh", shall be inserted; (b) in section 2, for the words "State of Haryana", the words "Union Territory of Chandigarh" shall be substituted. Annexure Haryana Government Legislative Department Notification The 9 th October, 2015 No. Leg. 25/2015. - The following Act of the Legislature of the State of Haryana received the assent of the President of India on the dated 3rd September, 2015, and hereby publish for general information: - (Haryana Act No. 18 of 2015) The Indian Penal Code (Haryana Amendment) Act, 2014 An Act further to amend the Indian Penal Code, 1860, in its application to the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth Year of the Republic of India as follows: - ### 1. Short title. - This Act may be called the Indian Penal Code (Haryana Amendment) Act, 2014. ### 2. Insertion of Section 379-A and 379-B in Central Act 45 of 1860. - In the Indian Penal Code, 1860 in its application to the State of Haryana, after Section 379, the following sections shall be inserted, namely:- "379A. Snatching. - (1) Whoever, with the intention to commit theft, suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any moveable property, and makes or attempts to make escape with such property, is said to commit snatching. (2) Whoever, commits snatching, shall be punished with rigorous imprisonment for a term, which shall not be less than five years but which may extend to ten years, and shall also be liable to fine of rupees twenty five thousand. ### 379B. Snatching with hurt, wrongful restraint or fear of hurt. Whoever, in order to commit snatching, or in committing the snatching, causes hurt or wrongful restraint or fear of hurt; or after committing the offence of snatching, causes hurt or wrongful restraint or fear of hurt in order to effect his escape, shall be punished with rigorous imprisonment which shall not be less than ten years but which may extend to fourteen years, and shall also be liable to fine of rupees twenty five thousand".
65b999ceab84c7eca86e96c4
acts
State of Haryana - Act ------------------------ The Haryana (Abolition of Distinction of Pay Scale Between Technical and Non-Technical Posts) Act, 2014 --------------------------------------------------------------------------------------------------------- HARYANA India The Haryana (Abolition of Distinction of Pay Scale Between Technical and Non-Technical Posts) Act, 2014 ========================================================================================================= Act 1 of 2014 --------------- * Published on 11 March 2014 * Commenced on 11 March 2014 The Haryana (Abolition of Distinction of Pay Scale Between Technical and Non-Technical Posts) Act, 2014 Haryana Act No. 1 of 2014 Part I – Haryana Government ----------------------------- Law and Legislative Department Notification The 11th March, 2014 No. Leg. 4/2014. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 10th March, 2014, and is hereby published for general information :- An act to abolish the distinction in the pay scales prescribed for technical and non-technical posts. Whereas, the higher pay scale was granted with effect from 1-2-1981 to the persons having technical qualifications and whereas thereafter all these persons covered under serial number 3 under common category posts in the annexure to instructions bearing No. 1/54/2PR(FD) -82, dated 30-03-1982, serial number 40 in annexure A to instructions bearing No. 6/23/3PR (FD)-88, dated 23-08-1990, No. 6/23/3PR(FD)-88, dated 26-07-1991 and No. 6/83/2009-3PR(FD), dated 09-08-2010 have been given pay scales as per qualification held by the incumbent under the relevant service rules; And, whereas, it is expedient to withdraw the instructions with respect to entry at serial number 3, under 'common category posts' in the annexure to instructions bearing No. 1/54/2PR(FD) -82, dated 30-03-1982; at serial number 40 in annexure A to instructions bearing No. 6/23/3PR(FD)-88, dated 23-08-1990. No. 6/23/3PR(FD)-88, dated 26-07-1991 and No. 6/83/2009-3PR(FD), dated 09-08-2010 whereby on the basis of the prescribed qualifications of technical nature, a distinction had been created between the posts with regard to admissibility of pay scale; Be it enacted by the legislature of the State of Haryana in the Sixty-fifth Year of the Republic of India as follows:- ### 1. Short title, application and commencement. (1) This Act may be called the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-technical Posts) Act, 2014. (2) It shall be applicable on all the services under the State of Haryana. (3) It shall be deemed to have come into force with effect from 1st Feburary, 1981. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Government" means government of Haryana in the administrative department; (b) "prescribed pay scale" means the pay scale prescribed for any post under the provisions of the relevant service rules applicable to different services under various Departments, Boards or Corporations of the State, as revised/ modified/amended/specified from time to time by way of notification/instruction/office order of the Finance Department; (c) "person" means a person appointed to a post in connection with the affairs of the Government of Haryana, under various Departments, Boards or Corporations, under the administrative control of the Government of Haryana; (d) "post" means a post falling under Group C to Group D Service in different Government Departments, Boards or Corporations; (e) "pre-revised pay scale" means pay scale of Rs. 480-760, prescribed by the Haryana Government for certain posts with effect from 1-2-1981, 1200-2040 w.e.f. 1-1-1986, 4000-6000 w.e.f. 1-1-1996 and PB-1, 5200-20200 GP 2400 w.e.f. 1-1-2006 and 950-1400 w.e.f. 1.5.1990, 3050-4350 w.e.f. 1-1-1996 and PB-1, 5200-20200 GP 1800 w.e.f. 1-1-2006; (f) "Services" means Civil Services of Group C or Group D posts in connection with the affairs of the Government of Haryana falling under various Departments, Boards or Corporations; (g) "State" means the State of Haryana in the administrative department; (h) "technical qualification" means Matric with ITI/Polytechnic or Non-Matric with ITI/Polytechnic whichever is prescribed for appointment to a post in the Services. ### 3. Entitlement to pay scales. - Notwithstanding anything contrary contained in any service rules, instructions etc. all persons serving on various posts in different Services under the State shall be entitled to get the pay scales prescribed for those posts only under the relevant service rules, notifications and instructions issued from time to time and no person who is serving or has served on any post in any Service under the State, shall be entitled to a higher pay scale on account of possessing a technical qualification, or on account of serving or having served on a post for which the prescribed qualification is/ was of technical nature i.e. Matric with ITI/Polytechnic or Non-Matric with ITI/Polytechnic. ### 4. Withdrawal of instructions. - The entry at serial number 3 under 'common category posts' in the annexure to instructions bearing No. 1/54/2PR(FD) -82, dated 30-03-1982, at serial number 40 in annexure A to instructions bearing No. 6/23/3PR(FD)-88, dated 23-08-1990, No. 6/23/3PR(FD)-88, dated 26-07-1991 and No. 6/83/2009-3PR(FD), dated 09-08-2010 are hereby withdrawn and shall be deemed to have been withdrawn with effect from the date of their coming into force: Provided that all those persons who had already been granted unconditionally the up-graded pre-revised pay scale and drawing the same before date of notification of the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-technical Posts) Ordinance, 2013 (Haryana Ordinance No. 6 of 2013), viz the 10th December, 2013, shall continue to draw these pay scales, as a measure personal to them. ### 5. Grant of pay scales as per relevant rules and notifications. - Notwithstanding anything contained in any instructions, rules or other law for the time being in force or any judgment, decree, order or decision of any Court, Tribunal or Authority, all the employees appointed to a post in connection with the affairs of the Government of Haryana under various departments, boards or corporations, shall be entitled only to the pay scales of the posts held by them, which were granted to them under the relevant service rules, notifications and instructions issued from time to time, irrespective of their qualifications. ### 6. Immunity for action taken in good faith. - No suit, prosecution or any legal proceedings shall lie against the State Government, Board or Corporation or any officer or employee of the State Government, Board or Corporation for anything, which is done or intended to be done in good faith under this Act. ### 7. Bar of jurisdiction. - No Civil Court shall have the jurisdiction to entertain any suit or proceedings in respect of any matter arising under or connected with this Act. ### 8. Power to issue directions. - The Government shall be competent to issue such directions, as may be necessary, for the proper enforcement of the provisions of this Act. ### 9. Power to remove difficulties. - 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 or give such directions not inconsistent with the provisions of this Act, as appears necessary or expedient for removing such difficulty. ### 10. Savings. - Notwithstanding such withdrawal, anything already done or any action taken under the above instructions referred to in section 4 of this Act, shall be deemed to have been validly done or taken under the corresponding provisions of this Act. ### 11. Repeal and saving. (1) The Haryana (Abolition of Distinction of Pay Scale between Technical and Non-technical Posts) Ordinance, 2013 (Haryana Ordinance No. 6 of 2013), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.
65ba8288ab84c7eca86ebce4
acts
Union of India - Act ---------------------- The Chennai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 2008 ------------------------------------------------------------------------------------------- UNION OF INDIA India The Chennai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 2008 =========================================================================================== Rule THE-CHENNAI-PORT-TRUST-EMPLOYEES-RECRUITMENT-SENIORITY-AND-PROMOTION-REGULATIONS-2008 of 2008 ---------------------------------------------------------------------------------------------------- * Published on 7 January 2009 * Commenced on 7 January 2009 The Chennai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 2008 Published vide Notification No. G.S.R. 17(E) , 7th January, 2009 Last Updated 24th August, 2018 Ministry of Shipping, Road Transport and Highways (Ports Wing) G.S.R. 17(E) . - In exercise of the powers conferred by Sub-Section (1) of Section 124, read with Sub-Section (1) of Section 132 of the Major Port Trusts Act, 1963, (38 of 1963), the Central Government hereby approves the framing of the revised Chennai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 2008, as set out in the Schedule annexed to this Notification. ### 2. The said Regulation shall come into effect from the date of publication of this Notification in the Official Gazette. Schedule ---------- Chennai port Trust In exercise of the Powers conferred by section 28 of the Major port Trust Act, 1963 ( 38 of 1963 ), the Board of Trustees of Chennai Port with the approval of the Central Government as required under sub-section (1) of section 124 of the said Act, hereby frames the revised regulations of Chennai Port Trust Employees (Recruitment, Seniority, and Promotion) Regulations, 2008. ### 1. (i) These Regulations may be called the Chennai Port Trust Employees' (Recruitment, Seniority and Promotion) Regulation, 2008. (ii) They shall come into force with effect from the date of publication in the Gazette of India. ### 2. In the schedule to the Chennai Port Trust Employees (Recruitment, Seniority and Promotion) Regulations 2008 the following entries shall be included: Schedule 2 ------------ Recruitment Rules of 54 Categories of Class I Cadre. Foot Note: The existing recruitment Rules in respect of Class II, III and IV employees will be in force for recruitment till the cadre restructuring of the above is completed and published in the Gazette of India. Schedule 3 ------------ Chennai Port Trust Chennai Port Trust Employees' (Recruitment, Seniority and Promotion) Regulations, 2008 In exercise of the powers conferred by section 28 of the Major Port Trusts Act, 1963 ( 38 of 1963 ), the Board of Trustees of Chennai Port hereby makes the following regulations namely: ### 1. Short Title and Commencement. (1) These Regulations may be called the Chennai Port Trust Employees' (Recruitment, Seniority and Promotion) Regulations, 2008. (2) They shall come into force on the date of publication of the approval of the Central Government as required under the provisions of Section 124 and 132 of the Major Port Trusts Act, 1963 in the Gazette of India. ### 2. Application. - These Regulations shall apply to all posts created under section 27 of the Act under the Board including those covered by clause (a) of sub-section (1) of section 24 of the Act. ### 3. Definitions. - In these regulations unless the context otherwise requires: (a) "Act" means the Major Port Trusts Act, 1963 ( 38 of 1963 ). (b) "Analogous post" means a post of which the duties and level of responsibilities and the pay ranges are comparable to those of the post to which selection is to be made. (c) "Appointing Authority" in relation to any grade or post means the authority empowered under the Madras Port Trust Employees' (Classification, Control and Appeal) Regulations, 1988 to make appointment to that grade or post. (d) "Board", "Chairman", "Deputy Chairman" and "Head of Department" have the meanings respectively assigned to them under the Act. (e) "Class-I Post", "Class-II Posts", "Class-III posts" and "Class-IV posts" shall have the same meaning as assigned to them in Regulation 4 of the Madras Port Trust Employees' (Classification, Control and Appeal) Regulation, 1988. (f) "Departmental Promotion Committee's" means a Committee constituted from time to time under Regulation 26 for the purpose of making recommendation for promotion to or confirmation to any grade or post. (g) "Direct Recruit" means a person recruited on the basis of a competitive examination or test and/or interview by service Selection Committee. (h) "Employee" means an employee of the Board to whom these Regulations apply. (i) "Grade" means any of the grades specified in the Schedule of Employees Prepared and sanctioned under Section 23 of the Act. (j) "lien" means the title of an employee to hold on regular basis, either immediately or on the termination of a period or periods of absence, a post to which he has been appointed on regular basis and on which he is not on probation. Provided that the title to hold a regular post shall be subject to the condition that the junior-most person in the grade will be liable to be reverted to the lower grade if the number of persons so entitled is more than the posts available in that grade. (k) "Permanent Employee" means an employee who has been substantively appointed to a permanent post. (l) "Schedule" means the Schedule appended to these Regulations. (m) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in Clauses (24) and (25) of article 366 of the Constitution of India. (n) "Select List" in relation to any grade or post means the select list prepared in accordance with regulation 13 for that grade or post. (o) "Selection Post" means a post declared as such under regulation 5 of these Regulation. (p) "Services Selection Committee" means the Committee constituted under regulation 12 for the selection of candidates by means of a written test, a trade test and/or interview for appointment to posts reserved for direct recruitment. (q) "Temporary Employee" means an employee holding a temporary post or officiating in a permanent post or on probation in his appointment in the service of the Board. (r) [ "Regular Service" in relation to any grade means the period or periods of service in that grade rendered after selection and appointment thereto under the regulations according to the prescribed procedure for regular appointment to that grade and includes any period or periods: [Added by Notification No. G.S.R. 305(E) , dated 30.3.2017 (w.e.f. 7.1.2009).] (i) Taken into account for the purpose of seniority in case of those already in service at the time of notification of regulations; (ii) During which an employee would have held a post in that grade but for being on leave or otherwise not being available for holding such posts.] ### 4. Manner of Appointment. - All appointments to the posts to which these regulations apply shall be made in accordance with the provisions of these regulations. Appointment may be made either by promotion or by absorption or deputation or direct recruitment. Deputation will be of employees from the Major Port, Central Government, State Governments, autonomous Bodies, Government Companies fulfilling the criteria of eligibility prescribed for the post. [The normal period of deputation is 3 years which is extendable to 4 years. In exceptional circumstances, this can be extended to 5 years by the Central Government in case of a post, the incumbent of which is regarded as the Head of a Department; and in the case of any other post below the level of Head of Department by the Chairman.] [Substituted 'The normal period of deputation is 3 years which is extendable to four years in exceptional circumstances, this can be extended to five years.' by Notification No. G.S.R. 1187 (E) , dated 30.12.2016 (w.e.f. 7.1.2009).] Provided that the appointment in respect of posts treated as Heads of Department and posts one level below the HOD, all the vacancies shall be filled by 'Composite method of recruitment' i.e. through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts fulfilling the criteria of eligibility prescribed in the schedule annexed to the regulation. ### 5. Schedules. - The manner of appointment i.e. whether by direct recruitment or by departmental promotion on absorption or deputation, the qualification, age, education, training, requirement of experience, classification of posts as selection posts or non-selection posts and other matters connected with the appointments to various posts shall be shown in the Schedule annexed to these Regulations in respect of Class-I posts. In respect of Class-II, Class-III and Class-IV posts, the manner of appointment shall be as laid down by the Board from time to time. The Schedule shall also show the authorised permanent and temporary strength of the various grades as shown in the Schedule of Employees prepared under the provisions of Section 23 of the Major Port Trusts Act, 1963. The strength is liable to change from time to time under the provisions of Section 27 of the Major Port Trusts Act, 1963. The eligibility requirements prescribed for direct recruitment will apply in the case of promotion to the extent mentioned in Column 9 of the schedule and requirement of experience for promotion will be as prescribed in Column 12 of the schedule. Provided that the prescribed upper age limits may be relaxed by the Central Government in case of HODs and by Chairman in all other cases for reason to be recorded in writing for direct recruitment / absorption / deputation as under: (i) up to 5 years where the minimum experience prescribed is 10 years or more and upto 3 years where the minimum experience prescribed is 5 to 9 years. (ii) In the case of a candidate who is ex-servicemen, i.e. ex-employee of India's Defence Forces, and who has put up in not less than 6 months continuous service in the Defence Forces, upto the extent of the service rendered by him in the Defence Forces plus three years where the vacancy to be filled is a vacancy reserved for such ex-servicemen and dependents of those killed in action and upto the extent of the service rendered by him in the Defence Forces, where the vacancy to be filled is an unreserved vacancy; and (iii) in the case of a candidate belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes in accordance with such orders as the Central Government may issue from time to time in this regard. Provided further that the requirement of experience is relax able at the discretion of the Central Government in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes if at any stage of selection the Central Government is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them. ### 6. Roster of Vacancies. - A roster shall be maintained for each grade to show whether a particular vacancy should be filled by direct recruitment or promotion. However, if a vacancy which is reserved for direct recruitment cannot be filled by direct recruitment, it may be filled by promotion and the next vacancy shall be filled by direct recruitment. Similar practice can be followed in the cases of a vacancy reserved for promotion but cannot be filled by promotion method. ### 7. Reservation. (1) Orders issued by the Central Government from time to time for reservation of posts under it, whether to be filled by direct recruitment or promotion in favour of the Scheduled Castes and the Scheduled Tribes shall apply mutandis to all appointments covered by these Regulations. (2) Orders issued by the Central Government from time to time for the reservation of posts under it, in favour of other backward classes, ex-servicemen and dependents of those killed in action, Sportsmen and physically handicapped persons shall also apply mutatis mutandis to appointments covered by these Regulations and to which direct recruitment is made. ### 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment. (1) In order to be eligible for direct recruitment to any grade or post, a candidate must be:- (a) a Citizen of India or (b) a subject of Nepal; or (c) a subject of Bhutan; or (d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or (e) a person of Indian origin who has migrated from Pakistan, Burma, Srilanka or the East African countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malawi, Zaire and Ethopia and Vietnam with the intention of permanently settling in India. Provided that a candidate belonging to category (a) shall produce such proof of his nationality as the Chairman may, from time to time require. Provided further that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India. Provided also that a candidate in whose case the proof of nationality or a certificate of eligibility is necessary may be provisionally appointed pending the production by him of the necessary certificate in his favour from the Central Government, as the case may be. In such cases the provisional appointment shall not exceed a period of one year. (2) The Chairman may, with the prior approval of the Central Government, modify or waive any of the requirements of sub-regulation (1) when an appointment for work of a special nature is to be made and it is not practicable to obtain a suitable candidate who fulfils the requirements of these regulations. (3) No person, (a) who has entered into or contracted a marriage with person having a spouse living, or (b) who having a spouse living has entered into or contracted a marriage with any person shall be eligible for appointment to any grade or post to which these regulations apply. Provided that the Central Government in case of HODs and Chairman in all other cases may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing except any person from the operation of this sub-regulation. (4) A candidate must satisfy the appointing authority that his character and antecedents are such as to make him suitable for appointment to any grade or post. No candidate who has been convicted by a Court of Law for an offence involving moral turpitude or who has been adjudged as an insolvent shall be eligible for appointment to a grade or post. (5) A candidate shall be in good mental and physical health and free from any physical defects likely to interfere with the discharge of his duties as an employee of the Board. A candidate who, after such physical examination as the Central Government in case of HODs and Chairman in all other cases may specify, is found not to satisfy those requirements, shall not be appointed. (6) If any question arises whether a candidate does not satisfy all or any of the requirements of this regulations, the same shall be decided by the Central Government in case of HODs and Chairman in all other cases. ### 9. [ Eligibility of Existing Employees for direct recruitment. [Substituted by Notification No. G.S.R. 778(E) , dated 14.8.2018 (w.e.f. 7.1.2009).] - When the posts required to be filled by direct recruitment are advertised, employees of the Board of any Major Port Trust possessing the prescribed qualifications and experience may also apply: Provided that the age limit in such cases shall not exceed fifty five years.] ### 10. Advertisement of Vacancies. (1) Vacancies of Class-III and Class-VI posts to be filled by direct recruitment shall be notified to the local Employment Exchange. In case sufficient number of eligible and suitable candidates are not available, the vacancies be advertised in Newspapers published within the State. Class-I and Class-II posts intended to be filled by direct recruitment shall be advertised in national and local dailies and/or Employment News. (2) The crucial date for determining the qualification, experience and age shall be the first day of the month in which the post is notified/advertised unless otherwise specified. ### 11. Conduct of written Skill Tests in Certain Cases. - The Appointing Authority may decide whether a written or a skill test or both should be held and also name the officers who should hold the said test and the manner in which the test should be held and other details thereof. It shall be open to the Appointing Authority to engage a consultant or a firm of consultants to conduct a written or skill test. ### 12. Services Selection Committee. (1) There shall be a Service Selection Committee for each grade or post, as mentioned in sub-regulation (2) to conduct interviews of eligible candidates for making selection of candidates for appointment to different posts by direct recruitment. (2) The category of posts and the composition of the Services Selection Committees referred to in sub-regulation (1) shall be the following, namely:- (a) For HODs | | | | --- | --- | | (i) [ Joint Secretary of the Ministry of Shipping looking after the charge of PHRD [Substituted by Notification G.S.R. No. 36(E) , dated 15.1.2016 (w.e.f. 7.1.2009).] | Chairman] | | (ii) Chairman/Dy. Chairman of the Port | Member | | (iii) Any other Port Chairman or an Officer having Member wide experience in the filed to be nominated by the Ministry of Shipping | Member | | (iv) Representative of SC/ST and OBCs nominated by the Ministry of Shipping. | Member | (b) For Class-I posts | | | | --- | --- | | (i) Chairman | Chairman | | (ii) Dy. Chairman | Member | | (iii) HOD in charge of the Department in which the vacancy occurs | Member | | (iv) HOD. in charge of General Administration Department Member | | | (v) Representative of SC/ST and OBCs nominated bY the Chairman. | Member | (c) For Class-II posts | | | | --- | --- | | (i) Dy. Chairman | Chairman | | (ii) Head of the Department in which the vacancy arises | Member | | (iii) HOD in charge of General Administration Department | Member | | (iv) Representative of SC/ST and OBCs nominated by the chairmen. | Member | (d) For Class-III and IV posts (Common categories) | | | | --- | --- | | (i) Dy. Chairman or in his absence, HOD nominated by the chairman of the Board. | Chairmen | | (ii) HOD in charge of General Administration Department | Member | | (iii) A Senior officer in the grade not below Rs 160000-400-20800 to be nominated by the Chairman. | Member | | (iv) Representative of SC/ST and OBCs nominated by the chairman. | Member | (e) For Class-III and IV posts (Uncommon categories) | | | | --- | --- | | (i) HOD, where the vacancy arises | Chairman | | (ii) HOD in charge of General Administration Department | Member | | (iii) A senior officer of the concerned Division in the grade not below Rs 16000-400-20800 to be nominated by the Chairman. | Member | | (iV) Representative of SC/St and OBCs nominated by the Chairman. | Member | The Appointing Authority may also nominate any person not in the service of the Board to be a member of a Services Selection Committee if such a person is specialized in the relevant field. Where any member of the Services Selection Committee is not available, the Appointing Authority may nominate another officer of appropriate level in his place to attend the meeting. (3) Where the recruitment to vacancies in grades common to more than one department is made in a common selection, the composition of the Committee shall be decided by the Chairman in each case. ### 13. Select List. - The Services Selection Committee may recommend, in the order of merit, as adjudged by it, the names of the selected candidates to be kept on a select list for consideration of appointment to posts earmarked for direct recruits. Such a list shall be deemed to be valid for a period of 12 months from the date on which the list is approved by the Appointing Authority. It is open to the Appointing Authority to extend the validity of the list for a period not exceeding six months or until a fresh select list is approved whichever is earlier. ### 14. Consideration of Recommendations off Services Selection Committee and Adhoc Appointments. - All appointments by direct recruitment shall be made by the appointing authority on the recommendations of the concerned Services Selection Committee. Provided that it shall be open to the Appointing Authority, for reasons to be recorded in writing, not to accept the recommendations of Service Selection Committee. Provided further that where the Appointing Authority is an authority subordinate to the Chairman and the authority disagrees with the such recommendations in any case, it shall record its reasons for such disagreement and submit the case to the Chairman who shall decide the same. Provided also that in the case of a purely temporary post, a leave vacancy or a vacancy earmarked for direct recruitment requiring immediate filing up, the Chairman may appoint a person who is eligible to fill the vacant post for a period of six months at a time and not exceeding one year on adhoc basis subject to the condition that: (1) Adhoc Appointment, where unavoidable, should be made only strictly subject to fulfilling the qualifications, experience provided in the RRs. (2) Total period of appointment to temporary post will not exceed the tenure of the post. (3) In other cases, the temporary appointment should be replaced by a regular appointment from the Select List as soon as possible. ### 15. Canvassing support a disqualification. - Any endeavour on the part of a person to canvas support by direct or indirect method for appointment to a post or for promotion to a higher post shall disqualify him for the appointment or promotion. ### 16. Suppression of facts a disqualification. - Any candidate who is found to have knowingly furnished any particulars which are false or have suppressed material information of a character, which if known would ordinarily have debarred him from getting an appointment to a grade or post, is liable to be disqualified, and, if appointed, to be dismissed from Service. ### 17. Cancellation of Appointment Order. - If a candidate selected for the post earmarked for direct recruits fails to join duty within the date mentioned in the offer of appointment and where no such date is mentioned, within 30 days of the date of issue of the offer of appointment or within such extended period as the Appointing Authority may agree, the offer of appointment shall be deemed to have been cancelled. ### 18. Payment of Travelling Allowance for Attending Interview. - In the case of posts filled by direct recruitment all journeys which the candidate (including persons already in the Service of the Board) may have to perform for the purpose of written and practical tests or interviews shall be at their own cost. However, candidates belonging to Scheduled Castes or the Scheduled Tribes called for written or trade Tests or interview shall be granted travelling allowance equal to I Class rail fare by shortest practicable route both ways on production of proof to the effect that he has actually performed the inward journey. ### 19. Probation Period. (1) Every person appointed to a post by direct recruitment or promotion or absorption shall, subject to the provisions of sub-regulation (2) and (3), be on probation for a period of two years except in case of persons appointed on absorption basis through composite method of recruitment in the posts of HODs and Deputy HODs carrying the scales of pay of Rs. 16000-400-20800 and above. Provided that where the appointment itself is for a period specified in the appointment order, such appointment shall stand terminated on the expiry of such period, unless such period is extended by the Appointing Authority. Provided that, when the appointment is made by the direct recruitment and the post carries a scale of pay, the maximum of which does not exceed Rs.11975/-, the period of probation shall be one year. Provided that, there shall not be any probation in case of appointment by promotion within Class III and Class IV grades. Provided further that, if an employee on promotion to a grade or a post is appointed to officiate in a higher grade or posts, he shall be eligible to count the duration of his appointment to a higher grade or posts to complete probation in his lower grade or post. Similarly, if an employee has previously been aPPointed to officiate in a grade or post, he may on appointment to the similar grade or post on probation will be eligible to count such officiating period (excluding adhoc service) to complete probation in the grade or post. (2) The period of probation may, if the Appointing Authority deems fit, be extended for a specific period at a time, but the total period of such extensions shall not, save where any extension is necessary by reason of any departmental or legal proceedings pending against the employee, exceed one year. (3) During the period of his probation an employee may be required to undergo such departmental training and pass such departmental tests as the appointing authority may, from time to time specify in this behalf. ### 20. Confirmation of Employees on Probation. - (1) General (i) Confirmation will be made only once in the service of an employee which will be in the entry grade. (ii) Confirmation is relinked from the availability of permanent vacancy in the grade. In other words an officer who has successfully completed the probation may be considered for confirmation. (2) Confirmation in the grade to which initially recruited (i) As at present, the appointee should satisfactorily complete the probation. (ii) The case will be placed before DPC (for confirmation) (iii) A specific order of confirmation will be issued when the case is cleared from all angles. (3) On Promotion (i) If the recruitment rules do not prescribe any probation, an officer promoted on regular basis (after following the prescribed DPC, etc., procedure) will have all the benefits that the person confirmed in that grade would have. (ii) Where probation is prescribed, the Appointing Authority will on completion of the prescribed period of probation asses the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If, work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post of grade which he was promoted or extend the period of probation as the case may be. Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted if the work of the officer during probation has not been satisfactory. Confirmation of Probationers - A person appointed against a permanent post as direct recruit with definite conditions of probation is to be confirmed in the grade with effect from the date on which he successfully completes the period of probation. The decision whether the should be confirmed or his probation extended should be taken soon after the expiry of the initial probationary period, i.e. ordinarily within 6 to 8 weeks and communicated to the employee together with the reasons in case of extension. Even though the meetings of the DPC may be held after the termination of the period of probation of direct recruits, a person appointed against a permanent post with definite conditions of probation is to be confirmed in the grade with effect from the date on which he successfully completes the period of probation. A probationer who is not making satisfactory progress or who shows himself to be inadequate for the service should be informed of his shortcomings well before the expiry of the original probationary period so that he can make severe efforts at self improvement. In the case of probation, the DPC should not determine the relative grading of officers but only decide whether they should be declared to have completed the probation satisfactorily. If the performance of any probationer is not satisfactory, the DPC may advise whether the period of probation should be extended or whether he should be discharged from service. ### 21. Discharge or Reversion of Employees on Probation. (1) If an employee on probation in his first appointment is not considered fit, on the basis of his conduct or performance, for confirmation at the end of the period of probation prescribed in regulation 19, he shall be discharged from the service of the Board. (2) If an employee on probation who holds a lien on a post and does not complete the period of probation as specified under Regulation 19 to the satisfaction of the appointing authority, he may be reverted to the post on which he holds a lien. (3) If an employee during the period of probation on a post is considered unfit for further retention in that post on the basis of performance or conduct or failure to pass the departmental test if prescribed, he shall be liable to be discharged from service at any time if he has no lien on any post or reverted to the post in which he holds a lien. ### 22. Departmental Test For Promotion, Confirmation in Certain Cases. - The Chairman may specify, from time to time, the posts, confirmation in or promotion to which shall be subject to the passing of qualifying departmental test, if any. The Chairman may also specify, from time to time, the details of the qualifying departmental test such as the procedure for holding the test, the syllabus for the test, the intervals at which the test shall be held, the maximum period within which the test shall be passed by the candidates, etc. ### 23. Reversion Due to Failure in Departmental Test. - An employee promoted to a post shall pass such qualifying departmental test, if any, as may be specified by the Chairman from time to time, within such period, as may be specified by him failing which the employee shall be reverted. When the passing of a test is specified as a condition precedent to promotion to a higher post, no employee shall be considered for promotion to such a post, until he passes the prescribed test. ### 24. Seniority List. - An up-to-date gradation list indicating the inter-se seniority of the employees shall be maintained for each grade. The list shall indicate separately the permanent and temporary employees in each grade. The list shall be circulated every year. ### 25. Fixation of Seniority. (1) The seniority of persons directly recruited to a grade and persons appointed on the basis of departmental promotion shall be assigned inter-se seniority according to rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies in the grade reserved for direct recruitment and promotion as indicated in the schedule. In cases where exchange of vacancies has been resorted to as per Regulation 6, the seniority will be as per the mode of filling up. (2) Direct recruits shall be randed inter-se in the order of merit in which they are placed in the select list on the basis of their performance in the examination or interview or both, the recruits of an earlier select list being ranked senior to those of a later select list. (3) Persons appointed against promotion quota of vacancies shall be ranked inter-se according to the order in which they are approved for promotion by the Departmental Promotion Committee. (4) Notwithstanding anything contained in sub-regulations (1) to (3) above the seniority already determined prior to the commencement of these regulations shall remain unaffected. ### 26. Departmental Promotion Committee. (1) There shall be a Departmental Promotion Committee for each grade or post to recommend a panel of employees for appointment to different posts by promotion in accordance with these regulations. (2) The composition of the Departmental Promotion committee will be the same as that of the Services Selection Committee as laid down in Regulation 12 and the validity of the panel shall be the same as mentioned in Regulation 13. ### 27. Field of Selection for Promotion. (1) Where one or more posts in a grade are required to be filed by promotion through selection method from employees holding posts in the feeder grade in accordance with the prescribed qualification and experience for promotion shall be considered for promotion if they fall within the zone of consideration. (2) The following procedure shall be observed while recommending employees for promotion through selection method: (a) The Departmental Promotion Committee (DPC) shall determine the merit of those being assessed for promotion with reference to the prescribed benchmark and accordingly grade the officers as 'fit' or 'unfit'. Only those who are graded 'fit' by the DPC shall be included and arranged in the select list in order of their inter se seniority in the feeder grade. Those Officers who are graded as 'unfit' by the DPC shall not be included in the select list. (b) The Departmental Promotion Committees shall also consider the cases of eligible employees who are on foreign service or on study leave. (c) The instructions issued by the Govt. from time to time on procedure to be followed in DPC proceedings in respect of Government Servants shall mutatis mutandis apply. Note:- for absorption to the post carrying pay scale of Rs.16,000-400-20800 and above and for which composite method of recruitment is adopted, the benchmark in the overall grading shall be 'Very Good'. In all other cases, the benchmark shall "Good". (3) For promotion to non-selection posts, where no bench mark is specified, the criteria for selection shall be seniority-cum-fitness. ### 28. Adhoc Appointments. - In case of immediate necessity when a panel recommended by the Departmental Promotion Committee has been used up, the appointing authority may make a purely adhoc appointment to a post, by appointing the senior most eligible and suitable employee in the feeder grade or post upto a period of six months at a time and not exceeding one year or till a new panel is recommended by the Departmental Promotion Committee whichever is earlier. The adhoc appointment, where unavoidable, should be made only strictly subject to fulfilling the qualifications, experience provided in the RRs. ### 29. Compassionate Appointments. - Notwithstanding anything contained in these regulations, the Chairman may dispense with the normal procedure of recruitment prescribed in these regulations and appoint to a Class-III or Class-IV post the legitimate son or daughter or the surviving spouse of an employee of the Board, who dies while in service, if the person to be so appointed possess the prescribed qualifications and experience and is otherwise found suitable. ### 30. Interpretation. - In the application of these Regulations all the instructions of the Central Government as amended from time which are not contrary to any of the provisions of these regulations and all instructions issued form time to time by the Central Government which cover matters not specifically covered will be followed [whose decision thereon shall be final and binding.] [Inserted by Notification No. G.S.R. 641(E) , dated 30.6.2016 (w.e.f. 7.1.2009).] . Where a doubt as to the interpretation of any of these regulations, the matter shall be referred to the Chairman for a decision. ### 31. Repeal and Savings. - All the Regulations i.e. (i) the Madras Port Trust Employees' (Appointment, Promotion, etc.) Regulations, 1977 and (ii) the Madras Port Trust (Recruitment of Heads of Departments) Regulations, 1991, procedures, practices and customs corresponding to these regulations and in force immediately before the commencement of these regulations are hereby repealed. The regulations so repealed (i) and (ii) above, referred to in any other service regulations, hereafter shall be referred / named by these Regulations. Provided that any order made or action taken under the regulations procedures, practices, and customs so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations. Chennai Port Trust (Schedule to the Regulation-5) Recruitment Rules for Class-I Posts of General Administration Department (Main Admn.) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Secretary Gr. I | 3 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -A degree from a recognized university.Desirable:-(i) Post Graduate Degree / Diploma in personnel Management / Industrial Relations / Social Work / Labour Welfare or allied subjects or Degree in Law from a recognized University / Institution.(ii) Two years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations, etc., in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Assistant Secretary Gr.II / Asst. Welfare Officer Gr.II / Asst. Personal Officer Gr. II / Administrative Asst. / Course Developer / Course Instructor in the scale of pay of Rs. 8600-14600 with 3 years regular service in the gradeORfrom Class III employees in the scale of pay of Rs.6170-11975 in the respective discipline of General Admn. Deptt., with 5 years regular service in the grade where there are no class II posts in the pay scale of Rs. 8600-14600 in that discipline. | Existing posts of Assistant Secretary in the scale of pay of Rs. 9100-15100 will be redesignated as Assistant Secretary Gr. I in the scale of pay of Rs. 9100-15100. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2. | Senior Assistant Secretary | 1 | Class 1 | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized University.(ii) Five years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations. etc. in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in personnel Management / Industrial Relations / Social work / Labour Welfare or allied subjects or Degree in Law from a recognized University / Institution. | (a) No.(b) Yes.(c) No. | 2 | By Promotion failing which by adsorption / deputation failing both by direct recruitment. | Promotion from Assistant Secretary Gr. I / Assistant Personnel Officer Gr.I / Welfare Officer / Hindi Officer in the scale of pay of Rs. 9100-15100 with 5 years regular service in the grade falling which Assistant Secretary Gr. I / Asst. Personnel Officer Gr. l / Welfare Officer / Law Officer Gr.I in the scale of pay of Rs. 9100-15100 with 2 years regular service in the grade and a combined regular service in the grade and a combined regular service of 8 years in the scales of pay of Rs. 9100-15100 and Rs. 8600-14600 in the respective discipline of General Admn. Deptt. Absorption / deputation will be of Officers holding analogous posts or post of Asst. Secretary (Sr. Assistant Personnel Officer Gr.I / Welfare Officer / Law Officer Gr.I in the scale of pay of Rs. 9100-15100 with 5 years regular service in the grade in a Major port Trust. | Existing post of Dy. Secretary in the scale of pay of Rs. 10750-16750 will be redesignated as Sr. Asst. Secy in the scale of pay of Rs.10750-16750. Note: The Ministry has proposed 2 posts in the scale under Main Administration and indicated in the note that one post of CLWO (Rs. 10750-16750) vacant for more than one year and not shown in the existing strength may be considered for revival by keeping in abeyance one existing live post of Dy. Secy (Rs. 10750-16750) which is vacant for less than a year and included in Main Administration. Hence out of two posts one post is shown as Senior Welfare Officer in the scale of Rs. 10750-16750 under HRD function of GAD. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Deputy Secretary | 1 | Class1 | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized University.(ii) Nine years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations. etc. in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in personnel Management / Industrial Relations / Social work / Labour Welfare or allied subjects or Degree in Law from a recognized University / Institution. | (a) No.(b) Yes.(c) No. | 2 | By Promotion failing which by adsorption / deputation failing both by direct recruitment | Promotion from Sr Assistant Secretary / Sr. Welfare Officer in the scale of pay of Rs.10750-16750 will 4 years regular service in the grade falling which Sr. Asst secy Sr. Welfare Officer in the scale of pay of Rs. 19750-19750 with 2 year regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750-16750 Rs. 9100-15190 in the respective discipline of General Admn. Deptt. Absorption / deputation will be of officers holding analogous posts or post of Sr. Asst. Secretary / Sr. Welfare Officer in the scale of pay of Rs. 10750-16760 with 4 years regular service in the grade in a Major port Trust. | Existing post of Sr. Dy. Secy / Chief Public Relations Officer in the scale of pay of Rs. 13000-16250 will be redesignated as Dy Secy in the scale of pay of Rs.13000-18250. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Senior Deputy Secretary | 1 | Class1 | 16000 – 400 – 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized University.(ii) Twelve years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations, etc., in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in Personnel Management / Industrial Relations / Social work / Labour Welfare or allied subjects or Degree in Law from a recognized University / Institution. | (a) No.(b) Yes.(c) No. | N.A. | By absorption through composite method of recruitment failing both by direct recruitment i.e. through promotion / transfer / deputation on absorption basis falling which by deputation and failing both by direct recruitment the promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, officers holding analogous posts or the post of Dy. Secretary and equivalent posts in the respective discipline of General Administration Department (such as CPRO / Deputy Estate Manager / Deputy Chief Law Officer / Personnel Officer) in the scale of pay of Rs. 13000-18250 with 3 years regular service in the grade in a Major Port Trust or Deputy Secretary and equivalent posts in the respective discipline of General Administration Department with 2 years regular service in the grade and a combined regular service of 7 years in the scale of pay of Rs. 10750-16750 and Rs.13000-18250 in the respective discipline of General Administration Department in a Major Part Trust will be eligible for deputation, officer holding analogous posts or holding posts of Dy. chief Medical officer (Specialist) and equivalent specialist posts in the scale of pay of Rs. 13000-18250 in medical deptt. in a Govt. / semi Govt. / PSUs or Autonomous Bodies with 3 year regular service in the grade will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRS will not be below "very good". | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Secretary (Category – I Posts) | 1 | Class1 | 20500 – 500 – 26500 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized University.(ii) Seventeen year experience in executive cadre in the field of General Administration, Personnel, Industrial Relations,etc., in an Industrial / Commercial / Govt. undertaking.Desirable:-Post Graduate degree / diploma in Personnel Management / Industrial Relation / Social Work / Labour Welfare or allied subjects or Degree in Law from a recognized university / institution. | (a) No.(b) Yes.(c) No. | N.A. | By absorption through composite method of recruitment ie. through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, Officers holding analogous post or the post of Secretary in Category-II ports with two years regular service in the grade or officers holding posts in the scale of pay of Rs.17500-22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs. 16000-20800 with 5 years regular service in the grade in the General Administration / Human Resources Development Deptt. of a Major Port Trust will be eligible. For deputation, officers holding analogous posts or post of Secretary and equivalent posts in General Administration Department / HRD in the scale of pay of Rs. 18500-23900 with 2 years regular service in the grade or officers holding post of Sr. Dy. Secy and equivalent posts in General Administration Department / HRD in the scale of pay of Rs. 16000-20800 and above with 5 years regular service in the grade in Govt. / Semi Govt. / PSUs of Autonomous Bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below "very good". | | Recruitment Rules for Class I Posts of Personnel and Industrial Relations Division (HRD under the general administration department) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Personnel Officer Gr. I | 2 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -A degree from a recognized university.Desirable:-(i) Post Graduate Degree / Diploma in Personnel Management / Industrial Relations / Social Work / Labour Welfare or allied subjects or Degree in Law from a recognized University / Institution.(ii) Two years experience in executive cadre in the field of General Administration, personnel, Industrial Relations, etc., in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Assistant Personnel Officer Gr.II / Asst. Welfare Officer Gr.II / Administrative Asst / Course Developer / Course Instructor in the scale of Pay of Rs. 8600-14600 with 3 years regular service in the gradeORfrom Class III employees in the scale of pay of Rs. 6170-11975 in the respective discipline of General Administration Department with 5 years regular service in the grade where there are no class II posts in the pay scale of Rs. 8600-14600 in that discipline. | The Ministry has proposed three posts in the scale of Rs. 9100-15100 under HRD functions, i.e. welfare, training & labour, The Ministry has proposed RRs under Asst. Personal Officer Gr.I, Welfare Officer in the scale of Rs.9100-15100 Hence out of 3 posts in the above scale, two posts have been indicated under Asst. Personnel Officer Gr.I for training and labour functions and one post shown as welfare Officer for welfare functions. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Welfare Officer | 1 | Class 1 | 9100 – 250 - 15100 | Selection | 30 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized University.(ii) Degree or diploma in social science from a recognized university / institution.(iii) Knowledge of local language.Desirable:-Two years experience as a Labour Welfare Officer / Industrial Relations Officer in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 %Note:- Promotion will be on the basis of written Test and viva-voce. | Promotion from Assistant Welfare Officer Gr. II / Asst. Personal Officer Gr.II / Admn. Asst. / Course Developer / Course Instructor in the Scale of Pay of Rs.8600-14600 with 3 years regular service in the grade Or from Class III employees in the scale of pay of Rs. 6170-11975 in the respective discipline of General Administration Department with 5 years regular service in the grade where there are no Class II posts in the pay scale of Rs.8600-14600 in that discipline. | The Ministry has proposed three posts in the scale of Rs. 9100-15100 under HRD functions, i.e. welfare, training & labour. The Ministry has proposed RRs under Asst. Personal Officer Gr.I, Welfare Officer in the scale of Rs.9100-15100. Hence out of 3 posts in the above scale, two posts have been indicated under Asst. Personnel Officer Gr.I for training and labour functions and one post shown as welfare Officer for welfare functions. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Senior Welfare Officer | 1 | Class1 | 10750 – 300 - 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized university.(ii) Degree of diploma in social science from a recognized university institution.(iii) Five years experience as a labour Welfare Officer / Industrial Relations Officer in an Industrial / Commercial / Govt. Undertaking.(iv) Knowledge of local language. | (a) No.(b) Yes.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Asst. Personal Officer Gr.I / Welfare Officer / Assistant Secretary Gr.I / Law Officer Gr.I in the scale of pay of Rs. 9100-15100 with 5 year regular service in the grade failing which Asst. Personal Officer Gr.I / Welfare Officer / Asst Secy Gr.I / Law Officer Gr.I in the scale of pay of Rs. 9100-15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scale of pay of Rs. 9100-15100 and Rs. 8600-14600 in the respective discipline of General Administration Department Absorption / deputation will be of officers holding analogous posts of Asst personal Officer Gr.I / Welfare Officer / Asst. Secretary Gr.I / Law Officer Gr.I or equivalent posts in the respective discipline of General Administration Department in the scale of pay of Rs. 9100-15100 with 5 years regular service in the grade in a Major Port Trust. | The Ministry has proposed two posts in the scale of Rs. 10750-16750 under the Main Admn. and indicated one post of CLWO (Rs. 10750-16750) vacant for more than one year and not shown in the existing strength may be considered for revival by keeping in abeyance one existing live post of Dy.Secy (Rs. 10750-16750) which is vacant for less than a year and included in Main Admn. Hence the post of CLWO (Rs. 10750-16750) will be redesignated as Sr. Welfare Officer in the scale of pay of Rs. 10750-16750. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Personnel Officer | 1 | Class1 | 1300 – 350 - 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized university / Institution.(ii) Nine years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations etc., in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in Personnel Management / Industrial Relations / Social Work / Labour Welfare or allied subjects or degree in Law from a recognized university / Institution | (a) No.(b) Yes.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment | Promotion from Senior Welfare Office / Sr. Assistant Secretary in the Scale of pay of Rs. 10750-16750 with 4 years regular service in the grade failing which Sr. Welfare Officer / Sr.Assistant Secretary with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750-16750 and Rs. 9100-15100 in the respective discipline of General Administration Department. Absorption / deputation will be of officers holding analogous posts of Sr. Welfare Officer or equivalent posts in the respective discipline of General Administration Department in the scale of pay of Rs. 10750-16750 with 4 years regular service in the grade in a Major Port Trust. | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Senior Personnel Officer | 1 | Class1 | 16000 – 400 - 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a recognized university / Institution.(ii) Twelve years experience in executive cadre in the field of General Administration, Personnel, Industrial Relations etc., in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in Personnel Management / Industrial Relations / Social Work / Labour Welfare or allied subjects or degree in Law from a recognized university / Institution. | (a) No.(b) Yes.(c) No. | 2 | By absorption through composite method of recruitment ie. through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method officers holding analogous post or the post of Personnel Officer or Officers in the respective discipline of General Administration Department (Such as CPRO / Dy. Secy) in the scale of pay of Rs.13000-18250 with 3 years regular service in the grade in a Major Port Trust or Personnel Officer or equivalent officer or equivalent officer in the respective discipline of General Administration Department with 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750-16750 and Rs. 13000-18250 in the respective discipline of General Administration Department in a Major Port Trust will be eligible. For deputation, officers holding analogous posts or holding posts or holding posts of Personnel Officer or equivalent posts in the respective discipline of General Administration Department in the scale of pay of Rs.13000-18250 in Govt. / Semi Govt. / PSUs or Autonomous Bodies with 3 years regular service in the grade will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below "very good". | Existing post of Director (Training) in the scale of pay of Rs. 16000-20800 will be redesignated as Senior Personnel Officer in the scale of pay of Rs. 16000-20800. | Recruitment Rules for Class I Posts of legal division under the General Admn. Dept. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Law Officer Gr. I | 1 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -Degree in Law from a recognized university.Desirable:-(i) Two years executive experience in a Legal Establishment of an Industrial / Commercial / Govt. Undertaking.(ii) Post Graduate degree in Law from a recognized university. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Law Officer Gr. II in the scale of pay of Rs. 8600-14600 with 3 years regular service in the gradeORfrom Class III employees in the scale of pay of Rs. 6170-11975 in the discipline of Legal Div. with 5 years regular service in the grade where there are no Class II posts in the pay scale of Rs. 8600-14600 in that discipline. | The Ministry has indicated that the Administrative Officer (Legal) is vacant for more than one year and hence excluded in the existing strength and proposed strength and is to be abolished Subsequently n the request of the Ch. P.T. the Ministry has conveyed its sanction for the revival and filling up of the post of AO(Legal) in the scale of Rs. 9100-15100, Hence the existing post of AO(Legal) will be redesignated as Law Officer Gr. I. | Recruitment Rules for Private Secretaries | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | PS to Dy. Chairman | 1 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -(i) A degree from a recognized University.(ii) Proficiency in stenography and typewriting with a speed of 120 / 40 w.p.m. respectively(iii) Knowledge of Computer Application.(iv) Five years experience as Stenographer / PA in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from PA to HOD / PS to Dy. Chairman in the Scale of Pay of Rs. 8600-14600 with 3 years regular service in the grade.Absorption / deputation will be of officers holding analogous post or feeder posts with 5 years regular service in the grade in a Major Port. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | PS to Chairman | 1 | Class 1 | 10750 – 300 - 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A degree from a reognized University.(ii) Proficiency in stenography and typewriting with a speed of 120 / 40. w.p.m. respectively(iii) Knowledge of Computer Application.(iv) Eight years experience as Stenographer / PA in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | By promotion falling which by absorption / deputation, failing both by direct recruitment. | Promotion from PS to Dy. Chairman / PS to Chairman in the Scale of pay of Rs. 9100-15100 with 5 years regular service in the grade failing which PS to Dy. chairman / PS to Chairman with 2 years regular service in the scale of pay of Rs. 9100-15100 and a combined regular service of 8 years in the scales of pay of Rs.9100-15100 and Rs. 8800-14600.Absorption / deputation will be of officers holding analogous post or feeder posts with 5 years regular service in the grade in a Major Port. | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Sr PS to Chairman | 1 | Class1 | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) A Degree from a recognized University.(ii) Proficiency in stenography and typewriting with a speed of 120 / 40 w.p.m. respectively(iii) Knowledge of computer Application.(iv) Twelve years experience as Stenographer / PA in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from PS to Chairman in the Scale of Pay of Rs. 10750-16750 with 4 years regular service in the grade failing which PS to Chairman with 2 years regular service in the scale of pay of Rs. 10750-16750 and a combined regular service of 9 years in the scales of pay of Rs. 10750-16750 and Rs. 9100-15100.Absorption / deputation will be of officers holding analogous post or holding posts of holding posts of PS / Sr. PS in the scale of pay of Rs. 10750-16750 with 4 years regular service in the grade in a Major Port. | | Recruitment Rules for Class I Posts of Finance Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Accounts Officer Gr. I | 10 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -Member of Institute of Chartered Accountants of India or of Institute of Cost and Works Accountants of India.Desirable:-Two years experience in Executive cadre in the field of Finance, Accounting in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) No.however a degree from a recognized university is essential(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Accounts Officer Gr.II in the scale of pay of Rs.8600-14600 with 3 year regular service in the gradeORfrom Class III employees in the scale of pay of Rs. 6170-11975 in the respective discipline of Finance Department with 5 years regular service in the grade where there are no Class II posts in the pay scale of Rs.8600-14600 in that discipline. | Existing posts of Accounts Officer in the scale of pay of Rs. 9100-15100 will be redesignated as Accounts Officer Gr. I in the scale of pay of Rs. 9100-15100. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Senior Accounts Officer | 3 | Class 1 | 10750 – 300 - 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) Member of Institute of Chartered Accountants of India or of Institute of Cost and Works Accountants of India.(ii) Five years experience in Executive cadre in the field of Finance, Accounting in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) No.however a degree from a recognized university is essential(c) No. | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Accounts Officer Gr. I in the scale of pay of Rs. 9100-15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scales of pay of Rs. 9100-15100 and Rs. 8600-14600 in respective discipline of Finance Dept. Absorption / deputation will be of Officers holding analogous posts or post of Accounts Officer Gr.I in the scale of pay of Rs.9100-15100 with 5 years regular service in the grade in a Major Port Trust. | The existing posts of Dy. CAO in the scale of pay of Rs. 10750 will be redesignated as Sr. Accounts Officer in the scale of pay of Rs. 10750-16750 . | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Deputy Chief Accounts Officer | 2 | Class1 | 13000 – 350 - 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) Member of Institute of Chartered. Accountants of India or of Institute of Cost and Works Accountants of India.(ii) Nine years experience in Executive cadre in the field of Finance Accounting in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) No.however a degree from a recognized university is essential(c) No. | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Sr. Accounts Officer in the scale of pay of Rs. 10750-16750 with 4 years regular service in the grade failing which Sr. Accounts Officer in the scale of pay of Rs. 10750-16750 with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750-16750 and Rs.9100-15100 in the respective discipline of Finance Dept. Absorption / deputation will be of Officer holding analogous posts or post of Sr. Accounts Officer in the scale of pay of Rs.10750-16750 with 4 years regular service in the grade in a Major Port Trust. | The existing posts of Dy. CAO (Sr.) in the scale of pay of Rs. 13000-18250 will be redesignated as Dy. CAO in the scale of pay of Rs. 13000-18250 | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Sr. Deputy Chief Accounts Officer | 2 | Class1 | 16000 – 400 - 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) Member of Institute of Chartered Accountants of India or of Institute of Cost and Works Accountants of India.(ii) Twelve years experience in Executive cadre in the field of Finance, Accounting in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | NA | By absorption through composite method of recruitment ie. through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, officers holding analogous posts of Dy. Chief Accounts Officer and equivalent posts in the respective discipline of Finance Dept in the scale of pay of Rs. 13000-18250 with 3 years regular service in the grade Rs. 13000-18250 in a Major Port Trust or Dy. Chief Account Officer and equivalent posts in the respective discipline of Finance Dept with 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750-16750 and Rs. 13000-18250 in the respective discipline of Finance Deptt in a Major Port Trust will be eligible. For deputation, officers holding analogous posts or holding posts of Dy. Chief Account Officer and equivalent posts in the respective discipline of Finance Deptt in the scale of pay of Rs.13000-18250 in Govt. / Semi Govt. / PSUs or Autonomous bodies with 3 years regular service in the grade will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below "Very good". | Out of the two posts of Sr. Dy. Chief Accounts Officer, the present incumbent of existing Addl. Chief Accounts Officer post in the scale of Rs. 14500-18700 shall be upgraded and redesignated as Sr. Dy. CAO and the second post shall be filled up as per the Recruitment Rules. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Financial Adviser & Chief Accounts Officer (category I Ports) | 1 | Class1 (HOD) | 20500 – 500 - 26500 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) Member of Institute of Chartered Accountants of India or of Institute of Cost and Works Accountants of India.(ii) Seventeen years experience in Executive cadre in the field of Finance, Accounting in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | NA | By absorption through composite method of recruitment ie. through promotion / transfer deputation on absorption basis failing which deputation and failing both by direct recruitment The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, Officers holding analogous post or the post of FA&CAO in Category II ports with 2 years regular service in the grade or officer holding posts in the scale of pay of Rs. 17500-22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs. 16000-20800 with 5 years regular service in the grade in the Finance Dept of a Major Port Trust will be eligible. For deputation, Officers holding analogous posts or officers holding post of FA&CAO and equivalent posts in the Finance Dept in the scale of pay of Rs. 18500-23900 with 2 years regular service in the grade of officers holding posts of Sr. Dy.Chief Accounts Officer and equivalent posts in the Finance Department in the scale of pay of Rs. 16000-20800 and above with 5 years regular service in the grade in Govt. / Semi Govt. / PSUs or Autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below "Very good". | | Recruitment Rules for Class I Posts of EDP Wing under Finance Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the post | Number of posts | Classification | Scale of pay(Rs.) | Whether Selection or non-selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Director (EDP) | 6 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications (c) experience for direct recruits will apply in this case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (Whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades form which it should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential : -Degree in Computer Engineering / Computer Sciences from a recognized university / Institution.OrDegree in Maths / Statistics / Operational Research / Economics with Post Graduate Diploma in Computer Applications / Computer Science / Information Technology from a recognized university / Institution.OrDegree in Engineering with Post Graduate Diploma in Computer Application / Computer Science / Information Technology from a recognized university / Institution.(i) Five years experience in Programming / Electronic Data Processing / System Design & Analysis and related fields.Desirable:-i) Post Graduate Degree in Maths / Statistics / Operational Research / Economics or Post Graduate Degree in Computer Science or Computer Engineering or System s or Information Systems or MIS or Information Technology or Computer Applications or Business Admn. (PG Degree / diploma) with specilisation in Systems or Information Technology and allied subjects from a recognized university / institution.ii) Two years experience in Programming / Electronic Data Processing / System Analysis etc. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Programmer Data Processing Officer in the scale of Pay of Rs. 8600 – 14600 with 3 years regular service in the gradeORPromotion from Class III employees in the scale of pay of Rs. 6170 – 11975 in the respective discipline of EDP / P & R Div. With 5 years regular service in the grade where there are no Class II Posts in the pay scale of Rs. 8600 – 14600 in that discipline. | The existing post of Analyst Programmer / Superintendent (Computer Operation) in the scale of pay of Rs. 9100 – 15100 under Stores department will be redesignated as Asst. Director (EDP) in the scale of pay of Rs. 9100 – 15100 under EDP wing | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2. | Deputy Director (EDP) | 2 | Class 1 | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-Degree in Computer Engineering / Computer Sciences from a recognized university / institution.OrDegree in Maths / Statistics / Operational Research / Economics with Post Graduate Diploma in Computer Application / Computer Science / Information Technology from a recognized university / institutionOrDegree in Engineering with Post Graduate Diploma in Computer Application / Computer Science / Information Technology from a recognized university / institution. | (a) No.(b) Yes.(c) No. | 2 | By Promotion failing which by adsorption / deputation failing both by direct recruitment. | Promotion from Assistant Director (EDP) in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing which Assistant Director (EDP) in the scale of pay of Rs. 9100 – 15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scales of pay of Rs. 9100 – 15100 and Rs. 8600 – 14600 in the respective discipline of EDP/ P & R Div.Absorption / deputation will be of officers holding analogous posts of Assistant Director (EDP) / Assistant Director (Research) and other equivalent Post in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade in EDP / P & R Division in a Major Port Trust. | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Senior Deputy Director (EDP) | 1 | Class1 | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-Degree in Computer Engineering / Computer Sciences from a recognized university / institution.OrDegree in Maths / Statistics / Operational Research / Economics with Post Graduate Diploma in Computer Application / Computer Science / Information Technology from a recognized university / institution.OrDegree in Engineering with Post Graduate Diploma in Computer Application / Computer Science / Information Technology from a recognized university / Institution.ii) Nine years experience in Programming / Electronic Data Processing / System Design & Analysis and related fields.Desirable:-i) Post Graduate Degree in Maths / Statistics / Operational Research / Economics or Post Graduate Degree in Computer Science or Computer Engineering or Systems or Information Systems or M/S or Information Technology or Computer Applications or Business Admn. (PG Degree / diploma) with specilisation in Systems or Information Systems or M/S or Information Technology and allied subjects from a recognized university / institution. | (a) No.(b) Yes.(c) No. | 2 | By Promotion failing which by adsorption / deputation failing both by direct recruitment | Promotion from Deputy Director (EDP) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Deputy Director (EDP) in the scale of pay of Rs. 10750 – 16750 with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in the respective discipline of EDP / P & R Div.Absorption / deputation will be of officer holding analogous posts of Deputy Director (EDP) / Deputy Director (Research) and other equivalent posts in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade in EDP / P & R Division in a Major Port Trust. | The existing post of Director (EDP) in the scale of pay Rs. 13000 – 18250 will be redesignated as Sr. Deputy Director (EDP) in the scale of pay of Rs. 13000 – 18250 under EDP wing | Recruitment Rules for Class I Posts of Planning and Research division under Traffic Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl.. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection | Upper age limit for direct recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Director (Research) | 1 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-Degree in Economics or Statistics or Mathematics from a recognized university institution.Desirable:-i) Two Years executive experience in collection, compitation and interpretation of data or in conducting field surveys, investigation, etc.ii) Knowledge of computer operations.iii) Post Graduate Degree / Diploma in Economics or Statistics or Mathematics or Operational Research and allied subjects from a recognized university / institution. | (a) No.(b) Yes.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By Promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Statistical and Research Officer in the scale of pay of Rs. 8600 – 14600 with 3 years regular service in the gradeORPromotion from class III employees in the scale of pay of Rs. 6170 – 11975 in the respective discipline of P & R Div with 5 Years regular service in the grade where there are no Class II posts in the pay scale of Rs. 8600 – 14600 in that discipline. | The existing Post of Assistant Director in Planning a& Research Cell under traffic department in the scale of pay of Rs. 9100 – 15100 will be redesignated as Assistant Director (Research) in the scale of pay 9100 – 15100 under the Research wing of planning & Research Division of the Traffic Department | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Deputy Director (Research) | 1 | Class 1 | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Post Graduate Degree / Diploma in Economics or Statistics or Mathematics or Operational Research and allied subjects from a recognized university / institution.ii) Post Graduate Degree / Diploma in Economics or Statistics or Mathematics or operational Research and allied subjects from a recognized university / institution.ii) Knowledge of computer Operations | (a) No.(b) Yes.(c) No. | 2 | By Promotion falling which by absorption / deputation. Falling both by direct recruitment. | Promotion from Asst. Director (Research) in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing which Asst. Director (Research) in the scale of pay of Rs. 9100 – 15100 with 2 years regular service in the grade and a combined regular service of 6 years in the scales of pay of Rs. 9100 – 15100 and Rs.8600 – 14600 in the respective discipline of P & R Div. Absorption / deputation will be of Officers holding analogous posts of Assistant Director (Research) / Assistant Director (EDP) and other equivalent post in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade in P & R Division in a Major Port Trust. | The existing Post of Dy. Director in planning & Research Cell under traffic department in the scale of pay of Rs. 10750 – 16750 will be redesignated as Deputy Director (Research) in the scale of pay 10750 – 16750 under Research wing in Planning & Research Division of the Traffic Department. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Senior Deputy Director (Research) | 1 | Class 1 | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree in Economics or Statistics or Mathematics from a recognized University / institution.ii) Nine Years executive experience in Planning or in collection, Compilation and interpretation of data or in conducting field surveys, investigation, etc.iii) Knowledge of computer operations.Desirable:-i) Post Graduate Degree / Diploma in Economics or Statistics or Mathematics or Operational Research and allied subjects from a recognized university / institution.ii) Knowledge of computer operations. | (a) No.(b) Yes.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Dy. Director (Research) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Dy. Director (Research) in the scale of pay of Rs. 10750 – 16750 with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in the respective discipline of P & R Div. Absorption / deputation will be of Officers holding analogous posts of Dy. Director (Research) / Dy. Director (EDP) and other equivalent post in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade in P & R Division in a Major Port Trust. | | Recruitment Rules for Class I Posts of Mechanical and Electrical Engineering Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Executive Engineer (Mechanical / Electrical / Electronics & Communications) | 27 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether (a) age (b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-Degree or equivalent in Mechanical / Electrical / Electronics & Communication Engineering from a recognized university/ institution.Desirable:-Two years experience in experience in relevant discipline in executive cadre in an industrial / Commercial / Govt. Undertaking. | (a) No(b) No.however a Diploma in Engineering in the revelant discipline from a recognized university / institution ins essential.(c) No. | 2 | Upto 31stDec.2006By direct recruitment 33.1/3 % By Promotion - 66.2/3 %After 31stDec. 2006By direct recruitment - 66. 2/3 %By promotion – 33.1/3 % | Promotion from Asst. Engineer (Mechanical / Electrical / Electronics & Communications) in the scale of pay of Rs. 8600 – 14600 with 3 years regular service in the grade or from Class – III employees in the scale of pay of Rs. 6170 – 11975 in the respective discipline of Mechanical and Electrical Engineering Department with 5 years regular service in the grade where there is no Class – II post in the scale of Rs. 8600 – 14600. | Existing post the scale of pay of Rs. 9100 – 15100 will be designated as Asst. Ex. Engineer. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Executive Engineer (Mechanical / Electrical / Electronics & Communication) | 16 | Class 1 | 1750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical / Electronics & Communication Engineering from a recognized university / institution.ii) Five Years experience in relevant discipline in executive cadre in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) No.however a Diploma in Enginee – ring in the relevant discipline from a recognized university / institution is essential.(c) No. | 2 | By promotion failing which by absorption / deputation failing both by direct recruitment. | Promotion from Asst. Executive Engineer (Mechanical / Electrical / Electronics & Communications) in the scale of pay of Rs. 9100 – 1510 with 5 years regular service in the grade failing which Asst. Executive Engineer (Machanical / Electrical / Electronics & Communications) in the scale of pay of Rs. 9100 – 15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scales of Pay of Rs. 9100 – 15100 and Rs. 8600 – 14600 in the respective discipline of M & Engg. Dept.ORDiploma Engineers in the scale of pay of Rs. 8600 – 14600 with 8 years of regular service in the grade where the pay scale of Rs. 9100 – 15100 does not exist in that discipline. Absorption / deputation will be of Officers holding analogous posts in respective discipline or feeder post with 5 years regular service in the grade in a Major Port Trust. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Superintending Engineer (Mechanical / Electrical / Electronics & Communication) | 9 | Class 1 | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical /Electronics & Communication Engineering from a recognized university / institutionii) Nine Years experience in relevant discipline in executive cadre in an industrial / Commercial / Govt. Undertaking. | (a) No.(b) No.however a Diploma in Engineering in the relevant discipline from a recognized university / institution is essential.(c) No. | 2 | By Promotion failing which by absorption deputation, falling both of direct recruitment | Promotion from executive Engineer (Mechanical / Electrical / Electronics & Communications) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade falling which Executive Engineer (Mechanical / Electrical / Electronics & Communications) in the scale of pay of Rs. 10750 – 16750 with2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in the respective discipline in M & E Engg. Dept. Absorption / Deputation will be of Officers holding analogous posts or the feeder post with 4 years regular service in the grade in a Major Port Trust. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Deputy Chief Mechanical Engineer | 6 | Class 1 | 16000 – 400 – 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical / Electronics & Communication Engineering from a recognized university / institution.ii) Twelve years experience in relevant discipline in executive cadre in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes(c) No | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which by deputation from other Govt. organizations and failing both by direct recruitment The promotion / transfer / on absorption will be from the officers From Major Port Trusts | For absorption through composite method, officers holding analogous posts or the post of Superintending Engineer and equivalent posts in the respective discipline of M & E Engg Dept in the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grad in the respective discipline in a Major Port Trust Superintending Engineer and equivalent posts in the respective discipline of M & E Engg Dept with 2 Years regular service in the grade and a combined regular service of 7 years in the scales of pay to Rs. 10750 – 16750 and Rs. 13000 – 18250 in the respective discipline in a Major Port Trust will be eligible. For Deputation, officers holding analogous posts or officers holding post of Superintending Engineer and equivalent posts in the respective discipline of M & E Engg Deptt in the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in the respective discipline in Govt. / PSUS or Autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “Very good” | The existing Permanent Posts in the category of Superintending Engineer (Electrical Mechanical) in the scale of pay of Rs. 1600 – 20800 will be redesignated as Deputy Chief Mechanical Engineer in the scale of Pay of Rs. 16000 - 20800 | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Chief Mechanical Engineer (Category I Ports) | 1 | Class 1 (HOD) | 20500 - 500 – 26500 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical / Electronics & Communication Engineering / Naval Architecture from a recognized university institution or MOT 1stClass Motor Certificate issued under Merchant Shipping Act, 1958.ii) Seventeen years experience in managerial capacity dealing with Mechanical / Electrical / Marine / Electronics Engg Works, out of which 10 years experience shall be in workshops undertaking maintenance of cargo handling equipment / electrical installation / ship repairs in any Major Port Trust / Industrial / Commercial / Govt. undertaking. | (a) No(b) Yes.(c) No | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment.The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption through composite method, officers holding analogous posts or the post of Chief Mechanical Engineer in Category II ports with 2 years regular service in the grade or officers holding posts in the scale of pay of Rs. 17500 - 22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs. 16000 - 20800 with 5 years regular service in the grade in the Chief Mech. & Elec Engg. Dept and Mirine Dept (applicable to categories of marine engineers only) in a Major port Trust will be eligible. For deputation, officers holding analogous posts or officers holding post of Chief Mechanical Engineer and equivalent posts in the mech. & Elec. Eng. Dept. in the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding the post of Deputy Chief Mechanical Engineer and equivalent posts in the Mechanical & Electrical Departments in the scale of Rs. 18000 – 20800 and above with 5 years regular service in the grade in Govt. / PSUs or autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “Very good”. | | | | | | | | | Recruitment Rules for Class I Posts in materials management division under Mechanical and Electrical Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Materials Manager Gr. 1 | 5 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-Degree or equivalent in mechanical / Electrical / Engineering from a recognized University / Institution.Desirable:-i) Post Graduate Degree / Diploma in Materials Management from a recognized university / institution.ii) Two years post qualification experience in Materials Management in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) No.however a Diploma in revelant discipline from a recognized university / institution is essential.(c) No. | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By Promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By promotion – 33.1/3 % | Promotion from Asst. Materials Manager Gr. II in the scale of pay of Rs. 8600 – 14600 with 3 Years regular service in the gradeORfrom Class III employees in the scale of pay of Rs. 8170 – 11975 in the respective discipline of M.M. Div. With 5 years regular service in the grade where there are no Class II posts in the pay scale of Rs. 8600 – 14600 in that discipline. | The existing posts of Asst. Controller of Stores in the scale of pay of Rs. 9100 – 15100 under the Stores Dept. will be redesignated as Asst. Materials Manager Gr.I. In the scale of pay of Rs. 2100 – 15100 under the Materials Management Division of Mech. & Elec. Engineering Dept. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Deputy Materials Manager | 3 | Class 1 | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical Engineering from a recognized university / institution.ii) Five Years experience in executive cadre in the field of Materials Management / Mechanical Engineering / Electrical Engineering in an Industrial / Commercial / Govt. Undertaking.Desirable:-Post Graduate Degree / Diploma in Materials Management from a recognized university / institution. | (a) No.(b) No.however a Diploma in relevant discipline from a recognized university / institution is essential.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Asst. Materials Manager Gr.I in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing which Asst. Executive Engineer (Mech / Elect.) in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing both Asst. Materials Manager Gr.I / Asstt. Executive Engineer (Mech. Elect.) in the scale of pay of Rs. 9100 – 15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scales of pay of Rs. 9100 – 15100 and Rs. 8600 – 14600 in the respective discipline of M.M. Div/ M & E Engg Dept.ORDiploma Engineers in the scale of pay of Rs. 8600 – 14600 with 8 years of regular service in the grade where the pay scale of Rs. 9100 -15100 does exist in that discipline. Absorption / deputation will be of Officers holding analogous posts or feeder post with 5 years regular service in the grade in a Major Port Trust. | The existing posts of Dy. Controller of Stores in the scale of pay of Rs. 10750 – 16750 under the Stones Dept. will be redesignated as Dy. Materials Manager in the scale of pay of Rs. 10750 – 15100 under the Materials Management Division of Mech. & Elec. Engineering Dept. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Sr. Deputy Materials Manager | 2 | Class I | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical Engineering from a recognized university / institution.ii) Nine Years experience in executive cadre in the field of Materials Management / Mechanical Engineering / Electrical Engineering in an Industrial / Commercial / Govt. Undertaking.Desirable:-i) Post Graduate Degree / Diploma in Materials Management from a recognized university / institution. | (a) No.(b) No.however a Diploma in relevant discipline from recognized university / institution is essential.(c) No. | 2 | By promotion failing which by absorption / deputation, failing both by direct recruitment | Promotion from Dy. Materials Manager in the scale of pay of in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which executive Engineer (Mech / Elect) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing both Dy. Materials Manager / Executive Engineer (Mech / Elect) with 2 years regular service of 9 years in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in the respective discipline in MM Div./ M & E Engg. Dept. will be eligible. Absorption / Deputation will be of Officers holding analogous posts or feeder post with 5 years regular service in the grad in a Major Port Trust. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Materials Manager | 1 | Class I | 16000 – 400 – 20800 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-i) Degree or equivalent in Mechanical / Electrical Engineering from a recognized university / institution.ii) Twelve Years experience in executive cadre in the field of Materials Management / Mechanical Engineering / Electrical Engineering in an Industrial / Commercial / Govt. Undertaking.Desirable:-i) Post Graduate Degree / Diploma in Materials Management from a recognized university / institution. | (a) No(b) yes.(c) No. | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, officers holding analogous posts or Sr. Dy. Materials Manager and equivalent posts in M.M.Div. In the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in a Major Port Trust or the post of Superintending Engineer(Mech. Elect) in the scale of pay of Rs. 130000 – 18250 with 3 years regular service in the grade in a Major Port Trust or Sr. Dy. Materials Manager and equivalent posts in the M.M. Div. / Supdtg. Engineer (Mech.E;ect.) with 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750 – 16750 and Rs. 130000 – 18250 in the respective discipline of M.M. Div. / M & E Engg. Deptt. In a Major Port Trust will be eligible. For deputation. Officers holding analogous posts or officers holding analogous posts or officers holding post of Sr. Dy. Materials Manager / Supdtg. Engineer (Mech. Elect.) and equivalent posts in the MM.Div./M & E Engg Deptt in the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in Govt./ Semi Govt. / PSUs or Autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not below “Very good”. | The department alongwith their HODs which have been decided to be discontinued in this cadre restructuring may be phased out in due course. However the existing pay scale and service benefits as available to the incumbent of the department which ceased to exist will be protected till the time he superannuates or is promoted to the higher posts. Their existing eligibility for consideration for the posts of HOD or Dy. Chairman will also be protected. | Recruitment Rules for Class I Posts of Traffic Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Traffic Manager Gr. 1 | 10 | Class 1 | 9100 – 250 – 15100 | Selection | 30 | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-i) A Degree from a recognized university.Desirable:-Two years executive experience in Shipping / cargo operations / railway transportation in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) Yes.(c) No | 2 | Upto 31stDec. 2006By direct recruitment – 33.1/3 % By Promotion – 66.2/3 %After 31stDec. 2006By direct recruitment – 66.2/3 % By Promotion – 33.1/3 % | Promotion from Asst. Traffic Manager Gr.II in the scale of pay of Rs. 8600 – 14600 with 3 years regular service in the gradeORfrom Class III employess in the scale of pay of Rs. 6170 – 11975 in the respective discipline of Traffic Department with 5 years regular service in the grade where there are no Class II posts in the pay scale of Rs. 8600 – 14600 in that discipline. | Existing posts of Asst. Traffic Manager in the scale of pay of Rs. 9100 – 15100 will be redesignated as Assistant traffic Manager Gr.I in the scale of pay of Rs. 9100 – 15100 / | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Senior Assistant Traffic Manager | 6 | Class I | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) A Degree from a recognized University.ii) 5 years experience in shipping / cargo operations / railway transportation in Executive cadre in an industrial / Commercial / Govt. Undertaking. | (a) No(b) Yes.(c) No. | 2 | By promotion failing which by absorption / deputation failing which by direct recruitment. | Promotion from Asst. Traffic Manager Gr. I in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing which Asst. Traffic Manager Gr. I in the scale of pay of Rs. 9100 – 15100 with 2 years regular service of in the grade and a combinded regular service of 8 years in the scales of pay of Rs. 9100 – 15100 and Rs. 8600 – 14600 in the respective discipline of Traffic Dept. Absorption / deputation will be of officers holding analogous posts or post of Assistant Traffic Manager Gr. I in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade in a Major Port Trust. | The existing post of Deputy Traffic Manager in the scale of pay of Rs. 10750 – 16750 in the Traffic dept will be redesignated as Sr ATM in the scale of pay of Rs. 10750 – 16750 in the Traffic department | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Deputy Traffic Manager | 4 | Class I | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) A Degree from a recognized university.ii) Nine Years experience in Shipping / cargo operations / railway transportation in executive cadre in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No | 2 | By promotion failing which by absorption / deputation, failing which by direct recruitment. | Promotion from Sr. Assistant Traffic Manager in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Sr. Asst. Traffic Manager in the scale pf pay of Rs. 10750 – 16750 with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in the respective discipline of Traffic Dept. Absorption / deputation will be of Officers holding analogous posts or post of Sr. Asst Traffic Manager in the scale of pay of Rs. 10750-16750 with 4 years regular service in the grade in a Major Port Trust. | The existing posts in the categories of Docks Manager, Manager (Marketing & Services) in the scale of pay of Rs. 13000 – 18250 will be redesignated as Deputy Traffic Manager in the scale of pay of Rs. 13000 – 182550. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Sr. Deputy Traffic Manager | 2 | Class I | 16000 – 400 – 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) A Degree from a recognized university.ii) Twelve Years executive experience in Shipping / cargo operations / railway transportation in executive cadre in an Industrial / Commercial /Govt. Undertaking | (a) No.(b) Yes.(c) No | NA | By absorption through composite method failing of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, officers holding analogous posts or post of Dy. Traffic Manager and equivalent posts in the respective discipline of Traffic Dept in the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in a Major Port Trust or Dy. Traffic Manager and equivalent posts in the respective discipline of Traffic Dept with 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750 – 16750 and Rs. 13000 – 18250 in the respective discipline of Traffic Deptt in a Major Port Trust will be eligible. For deputation, officers holding analogous posts or holding post of Dy. Traffic Manager and equivalent posts in the respective discipline of Traffic Deptt in the scale of pay of Rs. 13000 – 18250 in Govt. / Semi Govt / PSUs or Autonomous bodies with 3 years regular service in the grade will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “Very good”. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Traffic Manager (Category I Ports) | 1 | Class I (HOD) | 20500 – 500 – 26500 | Selection | 45 | | 8 | 9 | 10 | 11 | 12 | 13 | | i) A Degree from a recognized university.ii) Seventeen years experience in Shipping / Cargo operations / railway transportation in executive cadre in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) Yes.(c) No | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts. | For absorption through composite method, officers holding analogous posts or post of Traffic Manager in Category II ports with 2 years regular service or officers holding posts in the scale of pay of Rs. 17500 – 22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs.16000 – 20800 with 5 years regular service in the grade in the Traffic Dept in a Major port Trust will be eligible. For deputation, officers holding analogous posts or officers holding post of Traffic Manager and equivalent posts in Traffic Department in the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding post of Sr. Dy. Traffic Manager and equivalent posts in Traffic Department in the scale of pay of Rs. 16000 – 20800 and above with 5 years regular service in the grade in Govt. / Semi Govt. / PSUs or Autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “ Very good”. | | | | | | | | | Recruitment Rules for Class I Posts of Civil Engineering Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Executive Engineer (Civil) | 20 | Class I | 9100 – 250 – 15100 | Selection | 30 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-Degree or equivalent in Civil Engg. From a recognized University / Institution.Desirable:-Two years experience in executive cadre in Planning / Construction / Design / Maintenance preferably of Port and Marine Structures in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) No, however a Diploma in Civil Engg. From a recognized University / Institution is essential.(c) No. | 2 | Upto 31stDec.2006By direct recruitment – 33 – 1/3 %By Promotion – 66-2/3 %After 31stDec. 2006By direct recruitment – 66-2/3 %By Promotion – 33-1/3 % | Promotion from Assistant Engineer (Civil) in the scale of Rs. 8600 – 14600 with 3 years regular service in the grade or from Class-III employees in the scale of pay of Rs. 6170 – 11975 in the respective discipline of Civil Engineering Department with 5 years regular service in the grade where there are no Class-II post in the scale of Rs. 8600 – 14600 in that discipline | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Executive Engineer (Civil) | 15 | Class 1 | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Degree or equivalent in Civil Engg. From a recognized University / Institution.(ii) Five years experience in executive cadre in Planning / Construction / Design / Maintence Preferably of Port and Marine Structures in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) No.however a Diploma in Civil Engg. From a recognized University / Institution is essential.(c) No. | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment | Promotion from. Assistant Executive Engineer (Civil) in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade failing which Assistant Executive Engineer in the scale of pay of Rs. 9100 – 15100 with 2 years regular service in the grade and a combined regular service of 8 years in the scales of pay of Rs. 9100 – 15100 and Rs. 8600 – 14600 in the respective discipline of Civil Engg. Dept. Absorption / Deputation will be of Officers holding analogous posts or feeder post with experience as mentioned above in a Major Port Trust. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Superintending Engineer (Civil) | 7 | Class I | 13000 – 350 – 18250 | Selection | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Degree or equivalent in Civil Engg. From a recognized University / Institution.(ii) Nine years experience in executive cadre in Planning / Construction / Design / Maintenance preferably of Port and Marine Structures in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) No.however a Diploma in Civil Engg. From a recognized University / Institution is essential.(c) No. | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Executive Engineer (Civil) in the scale o pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Executive Engineer in the scale of pay of Rs. 10750 – 16750 with 2 years regular service in the grade and a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100-15100 in the respective discipline of Civil Engg. Deptt. Absorption / deputation will be of Officers holding analogous posts or feeder post with experience as mentioned above in a Major Port Trust. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Deputy Chief Engineer (Civil) | 5 | Class I | 16000 – 400 – 20800 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Degree or equivalent in Civil Engg. From a recognized University / Institution.(ii) Twelve years experience in executive cadre in Planning / Construction / Design / Maintenance preferably of Port and Marine Structures in an Industrial / Commercial / Govt. Undertaking. | (a) No.(b) Yes.(c) No. | N.A. | By absorption through Composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption through composite Officer holding analogous psts or post of Superintending Engineer and equivalent posts in the respective discipline of Civil Engineering Deptt. In the scale of pay Rs. 13000 – 18250 with 3 years regular service in the grade in a Major Port Trust or Superintending Engineer and equivalent posts in the respective discipline of Civil Engg. Deptt. With 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750 – 16750 and Rs. 13000 – 18250 in the respective discipline of Civil Engg. Dept. in a Major Port Trust. Will be eligible.For deputation. Officers holding analogous posts or Officers holding post of Superintending Engineer and equivalent posts in the respective discipline of Civil Engg. Deptt. In the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in Govt. / PSUs / Autonomous bodies will be eligible. The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “very good”. | The existing Permanent posts in the category of Superintending Engineer (Civil) , in the scale of pay of Rs. 16000 – 20800 will be redesingnated as Dy. Chief Engineer (Civil) in the scale of pay of Rs. 16000 – 20800. | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Chief Engineer (Category-I Ports) | 1 | Class 1 (HOD) | 20500 – 500 – 26500 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Degree or equivalent in Civil Engg. From a recognized University / Institution.(ii) Seventeen Years experience in executive cadre in Planning / Construction / Design / Maintenance preferably of Port and Marine Structures in an Industrial / Commercial / Govt. Undertaking. | (a) No(b) Yes.(c) No. | N.A. | By absorption through Composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The Promotion / transfer / On absorption will be from the officers from Major Port Trusts | For absorption through composite method, Officers holding analogous posts or post of Chief Engineer in Category II ports with two years regular service in the grade or Officers holding posts in the scale of pay of Rs. 17500 – 22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs. 16000 – 20800 with 5 years regular service in the grade in the Civil Engg. Deptt. Of Major Port Trust will be eligible.For deputation Officers holding analogous posts or Officers holding Post of Chief Engineer and equivalent posts in Civil Engg. Deptt. In the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding post of Dy. Chief Engineer and equivalent posts in Civil Engg. Deptt. In the scale of pay of Rs. 16000 – 20800 and above with 5 years service in the grade in Govt. / Semi Govt. / PSUs / Autonomous bodies will be eligible.The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “very good”. | | | | | | | | | Recruitment Rules for Medical Officers of medical Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Medical Officer | 16 | Class I | 3100-250-15100 | NA | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-(i) MBBS degree from a recognized university or for Medical Officer (Dental) BDS degree of a recognized university.(ii) One year experience in a hospital after completion of internship of one year.Desirable:-A Post Graduate medical degree from a recognized university. | NA | 2 | By Direct recruitment. | NA | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 (a) | Sr. Medical Officer (General Duty) | 6 | Class I | 10750 – 300 – 16750 | Selection | 40 | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) MBBS degree from a recognized university or for Sr. Medical Officer (Dental) , BDS degree of a recognized university.(ii) Five years experience in a hospital after completion of internship of one year.Desirable:-A Post Graduate medical degree from a recognized university. | (a) No(b) Yes(c) No | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Medical Officer in the scale of pay of Rs. 9100 – 15100 with 5 years regular service in the grade.Absorption / Deputation will be of officers holding analogous posts or feeder post with 5 years experience in the grade in a Major Port Trust. | The existing posts of Resident Medical Officer and Medical Officer (SG) in the scale of pay of Rs. 10750 – 16750 will be redesignated as Sr. Medical Officer (GD) in the scale of pay of Rs. 10750 – 16750. | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 (b) | Sr. Medical Officer (Specialist) | 6 | Class I | 10750 – 300 – 16750 | NA | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) MBBS degree from a recognized university or for Sr. Medical Officer (Dental) , BDS degree of a recognized university.(ii) A Post Graduate medical degree in the specified speciality from a recognized university.(iii) Post qualification experience of 3 years in a hospital, in the relevant field of specilisation. | NA | 2 | By direct recruitment | NA | In the first instance Medical Officers having Post Graduate Qualification in the relevant field will be considered for appointment falling which the post will be filled by open advertisement.The Medical Officer (Selection Grade) and Resident Medicat Officer in the pay scale of Rs. 10750 – 16750 having Post Graduate Qualification shall be redesignated as Senior Medical Officer | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 (a) | Dy. Chief Medical Officer (General Duty) | 4 | Class I | 13000 – 350 – 182500 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:-(i) MBBS degree from a recognized university or for Dy. Chief Medical Officer (Dental) , BDS degree of a recognized university.(ii) Nine years experience in a hospital, after completion of internship of one year.Desirable:-A Post Graduate medical degree from recognized university. | (a) No(b) Yes(c) No | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Sr. Medical Officer (G. D.) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Sr. Medical Officer (G.D.) with 2 years regular service in the scale of pay of Rs. 10750 16750 and a combined regular service of 9 years in the scales of pay of Rs. 9100 – 15100 and Rs. 10750 – 16750. Absorption / deputation will be of officers holding analogous posts or feeder post with 4 years experience in the grade in a Major Port Trust. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 b | Dy. Chief Medical Officer (Specialist) | 4 | Class I | 13000 – 350 – 18250 | Selection | 42 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) MBBS degree from a recognized university.(ii) A Post Graduate medical degree in the specified speciality from a recognized university.(iii) Post qualification experience of 7 years in a reputed hospital., in the relevant field of specialization. | (a) No(b) Yes(c) No | 2 | By Promotion failing which by absorption / deputation, failing both by direct recruitment. | Promotion from Sr. Medical Officer (Specialist) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade failing which Sr. Medical Officer (General Duty) with post graduate. Qualification in the relevant field and 4 years regular service in the grade. Absorption / deputation will be of officers holding analogous posts or holding the post of Sr. Medical Officer (Specialist) in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade in a Major Port Trust. | The existing post of DCMO / Chief Physician / Chief Surgeon in the scale of pay of Rs. 13000 – 18250 will be redesginated as Dy. Chief Medical Officer (Specialist) in the scale of pay of Rs. 13000 – 18250.Note:3 posts shall be residential 6 posts l.e. 3 posts from Sr. Medical Officer (Specialist) and 3 posts from Dy. Chief Medical Officer (Specialist) from the following Specialist will have to reside Compulsorily in Port Quarters:1. Surgery2. Gynaecology3. General MD4. Ortho5.Anaesthesia6. Paediatrics | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Senior Dy. Chief Medical Officer | 3 | Class I | 16000 – 400 – 20800 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) [ MBBS degree from a recognized university.(ii) A Post Graduate (PG) Medical Degree or PG Medical Diploma in the specified speciality from a recognized University.(iii) Post qualification experience of 10 years in case of PG Degree holders and 12 years experience in case of PG Diploma holders in the relevant field of specialization in a reputed hospital.] [Substituted by Notification No. G.S.R. 601(E) , dated 15.6.2016 (w.e.f. 7.1.2009).] | (a) No(b) Yes(c) No | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption through composite method, officers holding analogous posts or holding the post of Dy. Chief Medical Officer (Specialist) and equivalent Specialist posts in Medical Deptt in the scale of pay of Rs. 13000 – 18250 with 3 years regular service in the grade in a Major Port Trust or Dy. Chief Medical Officer (Specialist) and equivalent Specialist posts in Medical Deptt with 2 years regular service in the grade and a combined regular service of 7 years in the scales of pay of Rs. 10750 – 16750 and Rs. 13000 – 18250 in Specialist Cadre of Medical Deptt. In a Major Port Trust will be eligible. For deputation, officer holding analogous posts or holding posts of Dy. Chief Medical Officer (Specialist) and equivalent specialist posts in the scale of pay of Rs. 13000 – 18250 in Medical Deptt. In a Govt. / Semi.Govt. / PSUs or Autonomous Bodies with 3 years regular service in the grade will be eligible. The selection is by merit for which the bench mark in ;overall grading in the ACRs will not be below “Very good”. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Chief Medical Officer (Category I Ports) | 1 | Class I (HOD) | 20500 – 500 – 26500 | Selection | 50 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) [ MBBS degree from a recognized university.(ii) A Post Graduate (PG) Medical Degree or PG Medical Diploma in the specified speciality from a recognized University.(iii) Post qualification experience of 16 years in case of PG Degree holders and 18 years experience in case of PG Diploma holders in the relevant field of specialization in a reputed hospital.] [Substituted by Notification No. G.S.R. 601(E) , dated 15.6.2016 (w.e.f. 7.1.2009).] | (a) No(b) Yes(c) No | NA | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption through composite method, officers holding analogous posts or the post of Chief Medical Officer in Category – II port with 2 years regular service in the grade or officers holding post in the scale of pay of Rs. 17500 – 22300 with 4 years regular service in the grade or officers holding posts in the scale of pay of Rs. 16000 – 208000 with 5 years regular service in the grade in the Medical Deptt in a Major Port Trust will be eligible. For deputation, officers holding analogous posts or officers holding post of Chief Medical Officer and equivalent post in Medical Deptt in the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding posts of Sr. Dy. Chief Medical Officer and equivalent Specialist posts in the scale of pay of Rs. 16000 – 20800 and above in Medical Deptt. With 5 years regular service in the grade in Govt. / Semi Govt. / PSUs or Autonomous Bodies will be eligible.The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “very good”. | | | | | | | | | Recruitment Rules for Class I Posts (Deck Side) of Marine Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Post | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Pilot | | Class I | 14500 – 350 – 18700 | N.A. | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-(i) Must hold a certificate of competency as Master of foreign going ship issued by the Ministry of Shipping. Govt. of India or an equivalent qualification recognized by the Ministry of Shipping Govt. of India.(ii) One year post qualification experience as Master / Chief Officer of a foreign going ship. | N.A. | 2 | By direct recruitment. | N.A. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Dock Master | | Class I | 17500 – 400 – 22300 | Selection | 43 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Essential:- (i) Must hold a certificate of competency as master of foreigngoing ship issued by the Ministry of Shipping. Govt. of India or an equivalent qualification recognized by the Ministry of Shipping Govt. of India.(ii) Must hold a Pilot Licence and have a proficiency in handling of all types of ships.(iii) 5 years experience as pilot or Master of Foreign going Ship. | (a) No(b) Yes(c) No | 2 | By promotion failing which by absorption / deputation failing both by direct recruitment. | For promotion, Pilots with 5 years regular service in the grade are eligible. For absorption / deputation, Officers holding analogous posts or holding posts of Pilots in the scale of pay of Rs. 14500 – 18700 with 5 years regular service in the grade in a Major Port Trust are eligible. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Harbour Master (Category-I Ports) | | Class I | 18500 – 450 – 23900 | Selection | 45 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Must hold a certificate of competency as master of foreigngoing ship issued by the Ministry of Shipping. Govt. of India or an equivalent qualification recognized by the Ministry of Shipping Govt. of India.(ii) Must hold a Pilot Licence and have 8 years experience either as Master of Foreign Going Ship or in Piloting or cumulative. | (a) No(b) Yes(c) No | N.A. | By absorption through composite of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption by composite method, officers holding analogous posts or Dock Master /Master Pilot / Dredging Superintendent, etc., in the scale of pay of Rs. 17500 – 22300 with 2 years regular service in the grade in a Major Port are eligible. For deputation officers holding analogous posts or holding posts or Dock Master / MasterPilot / Dredging Superintendent and its equivalent Deck side post with experience as mentioned above in Govt. / PSUs / Autonomous Bodies will be eligible. The selection is by merit for which the benchmark in overall grading in the ACRs will not be below “Very Good”. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Deputy Conservator (Category – I Ports) | | Class I (HOD) | 20500 – 500 – 26500 | Selection | 50 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Must hold a certificate ofcompetency as master of foreigngoing ship issued by the Ministry of Shipping. Govt. of India or an equivalent qualification recognized by the Ministry of Shipping Govt. of India.(ii) Must hold a Pilot Licence and experience of 10 years either as Master of Foreign Going Ship or in Piloting or cumulative. | (a) No(b) Yes(c) No | N.A. | By absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment. The promotion / transfer / on absorption will be from the officers from Major Port Trusts | For absorption by composite method, officers holding analogous posts or holding posts of Dy. Conservator in Category – II ports or Harbour Master in Category – I ports in the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding post of Harbour Master in the scale of pay of Rs. 17500 – 22300 with 4 years regular service in the grade in a Major Port Trust. For deputation officers holding analogous posts or holding post of Dy. Conservator and its equivalent Deck side post in the scale of pay of Rs. 18500 – 23900 with 2 years regular service in the grade or officers holding posts of Harbour Master and its equivalent Deck side post in the scale of pay of Rs. 17500 – 22300 with 4years regular service in the grade in a Govt. / Semi Govt / PSUs or Autonomous Bodies will be eligible.The selection is by merit for which the bench mark in overall grading in the ACRs will not be below “Very good”. | | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 5 | Dredging Superintendent | | Class I | 17500 – 400 – 22300 | Selection | 43 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | (i) Must hold a certificate ofcompetency as master of foreigngoing ship issued by the Ministry of Shipping. Govt. of India or an equivalent qualification recognized by the Ministry of Shipping Govt. of India.(ii) Must hold a Pilot Licence and have a proficiency in handling of all types of ships.(iii) 5 years experience as pilot or Master of Foreign going Ship out of 5 years experience, one year experience in dredging is essential. | (a) No(b) Yes(c) No | N.A. | By promotion failing which by absorption / deputation failing both by direct recruitment. | For promotion, Pilots with 5 years regular service in the grade are eligible. For absorption / deputation Officers holding analogous posts or holding posts of Pilots in the scale of pay of Rs. 14500 – 18700 with 5 years regular service in the grade in a Major Port Trust are eligible. | The Present incumbent of existing post of Dredging Supdt. of Civil Engineering dept is in the scale of pay of Rs. 16000 – 20800 shall be upgraded to the scale of pay of 17500 – 400 – 22300 under Marine Department. | | | | | | | | Recruitment Rules for Class I Posts of Marine Engineer of Marine Department | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Dy. Marine Engineer | | Class I | 10750 – 300 – 16750 | NA | 35 | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | i) Mot II Class Motor Certificate issued under Merchant Shipping Act, 1958ii) 2 years experience as independent Watch keeping Engineer on board a foreign going ship. | NA | 2 | By Direct recruitment | NA | Existing posts of Ex. Engr (FC) of E & M dept / Engineer Dredger (Mot II Class) of Civil Engg. Deptt. Engineer (MOT II Class) of Marine dept. in the scale of pay of Rs. 10750 – 300 – 16750 will be redesignated as Dy. Marine Engineer in the scale of pay of Rs. 10750 – 300 – 16750 under Marine Department. | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Sr. Dy. Marine Engineer | | Class I | 13000 – 350 – 18250 | Selection | Not excesding 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) Mot II Class Motor Certificate issued under Merchant Shipping Act, 1958ii) 6 years experience as independent Watch keeping Engineer on board a foreign going ship. | (a) No(b) Yes(c) No | 2 | By promotion failing which by absorption / deputation failing both by direct recruitment. | Promotion from the post of Dy. Marine Engineer in the scale of pay of Rs. 10750 – 16750 with 4 years regular service in the grade. Absorption / deputation will be of officer holding analogous posts or officers with 4 years regular service in post of Dy. Marine Engineer in the scale of pay of Rs. 10750 – 16750 in any Major Port Trust. | Existing posts of Marine Engineer of E & M dept in the scale of pay of Rs. 13000 – 350 – 18250, will be redesignated as Senior Dy. Marine Engineer in the scale of pay of Rs. 13000 – 350 – 18250 under Marine Dept. | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 3 | Marine Engineer | | Class I | 14500 – 350 – 18700 | N.A. | 40 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) Mot I Class Motor Certificate issued under Merchant Shipping Act, 1958ii) 1 year post qualification experience as Chief Engineer / 2ndEngineer on board a foreign going ship. | NA | 2 | By direct recruitment | NA | Existing posts of Engineer (MOT I Class ) of Marine dept./ Engineer Dredger of Civil Engg. Dept. in the scale of pay of 14500 – 350 – 18700, will be redesignated as Marine Engineer in the scale of pay of Rs. 14500 – 350 - 18700 | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 4 | Senior Marine Engineer / Chief Engineer Marine (Vessel) | | Class I | 16000 – 400 – 20800 | Selection | 44 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | i) Mot I Class Motor Certificate issued under Merchant Shipping Act, 1958ii) 4 years experience as Chief Engineer or 5 years combined experience as Chief Engineer on board a foreign going ship. | (a) No(b) Yes(c) No | 2 | By promotion or by absorption through composite method of recruitment ie. Through promotion / transfer / deputation on absorption basis failing which deputation and failing both by direct recruitment The Promotion / transfer / on absorption will be from the officers from Major Port Trusts | Promotion from the post of Marine Engineer in the scale of pay of Rs. 14500 – 18700 with 4 years regular service in the grade. Absorption through composite method will be of officers holding analogous posts or officer with 4 years regular service in the post of Marine Engineer in the scale of pay of Rs. 14500 – 18700 in a Major Port Trust. For deputation officers holding analogous posts or officers holding post of Marine Engineers and its equivalents in Marine Engineering side in the scale of pay of Rs. 14500 – 18700 with 4 years regular service in the grade in Govt / PSUs / Autonomous Bodies will be eligible. The selection is by merit for which the bench mark is overall grading in the ACRs will not be below “Very Good”. | Existing Posts of SE (Marine) of E & M dept. / Engineering Supdt. (Dredging) of Civil Engg. Dept. in the scale of pay of 16000 – 400 – 20800, will be redesignated as Senior Marine Engineer / Chief Engineer Marine (Vessel) in the scale of pay of Rs. 16000 – 400 – 20800 under Marine Dept. | Proposed Recruitment Rules for Isolated Posts Proposed Recruitment Rules for Class I Posts of General Administration Department (Main Admn) in Chennai Port Trust | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Hindi Officer | 1 | Class I | 9100 – 250 – 15100 | Selection | 30 yrs. | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-Master's Degree of a recognised University in Hindi with English as a subject at the degree level or Master's Degree of a recognised University in English with Hindi as a subject at the degree level or Master's Degree of a recognised University in any subject with Hindi and English as subject with Hindi and English as subjects at the degree level or Master's Degree of a recognised University in any subject with Hindi medium and English as a subject at the degree level.Experience-Five Years of terminological work in Hindi and / or translation work from English to Hindi or Vice Versa preferably of technical or scientific Literature. Or Five years experience of Hindi teaching under Hindi Teaching Scheme of the Ministry of Home Affairs, Government of India, research writing or Journalism in Hindi.DesirableExperience of organizing Hindi classes or workshops for noting and drafting. | In the case of promotion(a) No(b) Nohowever Bachelor's Degree of a reognized University with Hindi and English as the main subjects is essential.(c) No however must have served for a period of not less than five years as Hindi Translator in the Trust. | 2 | i) By considering the employees in the Trust satisfying the qualification mentioned in Col (9) failing which by deputation from State / Central Government / Public Sector Bodies oriii) By direct recruitment | By Promotion from the Approved probationers in the category of Hindi Translator in the scale of pay of Rs. 5500 – 11380 with five years experience. | | | | | | | | | | Proposed Recruitment Rules for Class I Posts of Traffic Department in Chennai Port Trust | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Safety Officer Cargo and Gear) | 1 | Class – I | 9100 – 250 – 15100 | Selection | 30 yrs. | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential(i) Should hold a recognized Degree in any branch of Engineering or technology and had practical experience of working in a Port or similar place in a supervisory capacity for a period of not less than three years or hold a recognised Diploma in any branch of Engineering or Technology and has had practical experience of working in a Port or similar place in supervisory capacity for a period of not less than five years and(ii) Should hold a Degree or Diploma in Industrial Safety recognized by the Central Government. | (a) No. (b) Yes. (c) Yes. | 2 | By Promotion failing which by absorption / deputation failing both by direct recruitment | By deputation of identical post of Asst. Exe. Engineer in any discipline in the Elec. & Mech. Dept in the scale of pay of Rs. 9100 – 15100 failing which by Promotion from Asst. Engineer in any branch of discipline in Electrical and Mechanical Dept in the scale of Rs. 8600 – 14600 with 3 years regular service in the grade failing which from Class III employees of Supervisor Gr. I in any discipline of Elec. & Mech. Department in the scale of pay of Rs. 6170 – 11975 with 5 Years regular service in the grade. | | | | | | | | | Proposed Recruitment Rules for Class I Posts of Marine Department in Chennai Port Trust | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Marine Officer | 1 | Class – I | 9100 – 250 – 15100 | Selection | 30 yrs. | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | Essential:-Second Mate's Foreign Going CertificateOrMaster's Home TradeOrFinal passing out certificate from T.S. Dufferin / Rajjendra with a minimum of 3 years experience in Port doing maintenance of floating craft and buoys and mooringsOrService in the Navy not below the rank of Petty Officer | NA | 2 | By direct Recruitment. | NA | | | | | | | | | | Proposed Recruitment Rules for Class I Posts of Civil Engineering Department in Chennai Port Trust | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Assistant Horticulturist | 1 | Class – I | 9100 – 15100 | Selection | 30 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | Method of recruitment (whether by direct recruitment or by promotion / absorption / deputation) | In case of promotion / absorption / deputation, grades from which in should be made | Remarks | | EssentialMust hold a Degree in Agriculture or Horticulture from a recognized UniversityExperience:Apprenticeship training or experience in Horticulture in desirable. | (a) Yes(b) Yes(c) Yes | 2 | By direct recruitment or deputation from the State / Central Govt. Department of Horticulture and Plantation Crops. | NA | | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Horticulturist | 1 | Class – I | 10750 – 300 – 16750 | Selection | 35 | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | EssentialMust hold a Degree in Agriculture or Horticulture from a recognized UniversityExperience:Must have served as an Assistant Horticulturalist for a period of not less than 5 years. | (a) No.(b) Yes(c) Yes | 2 | By departmental promotion failing which by Deputation / transfer from the State / Central Government and failing both by Direct Recruitment. | By Promotion from the post of Assistant Horticulturalist in the scale of pay of Rs. 9100 – 15100 with five years regular service in the grade. | | Recruitment Rules for Class I Posts of Vigilance Department in Chennai Port Trust | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Posts | No. of Posts | Classification | Scale of Pay (Rs.) | Whether Selection or Non-Selection. | Upper Age limit for direct rec recruitment (in years) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Dy. Chief Vigilance Officer | 1 | Class – I | 13000 – 350 – 18250 | Selection | N.A. | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Educational and other qualifications prescribed for direct recruitment | Whether(a) age(b) Educational qualifications(c) experience for direct recruits will apply in the case of promotion / absorption / deputation | Period of Probation (in years) | [By deputation] [Substituted 'Method of recruitment (whether by direct recruitment or by promotion/ absorption/ deputation)' by Notification No. G.S.R. 504(E) , dated 13.6.2015 (w.e.f. 7.1.2009).] | [Deputation from officers of Major Port Trusts holding analogous posts or holding posts in the pay scale of Rs. 20600 - 46500 (pre-revised Rs. 10750 - 16750) with 3 years of regular servicein the grade failing which from officers of the Central Government/ State Govt./ PSUs/ Autonomous Bodies with similar grade.] [Substituted 'In case of promotion/ absorption/ deputation, grades from which in should be made' by Notification No. G.S.R. 504(E) , dated 13.6.2015 (w.e.f. 7.1.2009).] | Remarks | | N.A. | N.A. | 2 | By the composite method of promotion / deputation / transfer. | Promotion / deputation / transfer : Officers holding analogous posts or officers holding posts in the pay scale of Rs. 10750 – 16750 with 4 year of regular service in the grade failing which officers of a combined regular service of 9 years in the scales of pay of Rs. 10750 – 16750 and Rs. 9100 – 15100 in any major port trusts / Central Govt. / State Govt. / Semi Govt. / Public sector Undertakings or Autonomous bodies. Preference will be given to the person having experience in vigilance work. | Deputation will normally be for a period of 3 years and in any case, not to exceed 5 years. | | | | | | | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 2 | Chief Vigilance Officer (Category – I Ports) | 1 | Class I | NA | Selection | N.A. | | | | | | | | | | 8 | 9 | 10 | 11 | 12 | 13 | | Not Applicable | N.A. | N.A. | By deputation of officers of All India / Central Service. | Officers who are eligible for appointment at the level of Director / Joint Secretary in Govt. of India. | Deputation tenure as per guidelines issued by CVC / DOP & T | | | | | | | | Foot Note: The Madras Port Trust (Appointment, Promotion etc) Regulations, 1977 were published in MOST's letter No. PEM-38/75 dated the 3rd February, 1977 and published in Tamil Nadu Government Gazette dated the 16th March, 1977 vide SROC 4/77 dated the 16th March, 1977 and subsequently amended vide: ### 1. MOST's Notification No.GSR 559 dated the 1st April, 1980. ### 2. MOST's Notification NO.GSR 77(E) dated the 3rd February, 1987. ### 3. MOST's Notification No.GSR 16(E) dated the 9th January, 1996. ### 4. MOST's Notification No.GSR 650(E) dated the 4th August, 2000. (Inclusion of MOA) ### 5. MOS's Notification No.GSR 899(E) dated the 28th November, 2000.(MOA) ### 6. MOS's Notification No.GSR 19(E) dated the 11th January, 2001. ### 7. MOS's Notification NO.GSR 379(E) dated the 18th May, 2001.(MOA) ### 8. MOS's Notification No.GSR 495(E) dated the 29th June, 2001. ### 9. MOS's Notification No.GSR 596(E) dated the 21st August, 2001.(MOA) ### 10. MOS's Notification No.GSR 905(E) dated the 19th December, 2001. ### 11. MOS's Corrigendum No.GSR 906(E) dated the 19th December, 2001. ### 12. MOS's Corrigendum No.GSR 284 (E) dated the 15th April 2002. ### 13. MOS's Corrigendum No.GSR 573(E) dated the 16th August, 2002. ### 14. MOS's Corrigendum No.GSR 675(E) dated the 1st October, 2002. ### 15. MOS's Notification No.GSR 188(E) dated the 11th March, 2004. ### 16. MOS's Notification No.GSR 224(E) dated the 26th March, 2004. ### 17. MOS's Notification No.GSR 518(E) dated the 11th August, 2004. ### 18. MOS, RT&H Notification No.711 (E) dated 7th December, 2005. The Madras Port Trust (Recruitment of Heads of Departments) Regulations, 1991 were published in the Gazette of India, Extraordinary, vide GSR No. 167 (E) , dated 20.03.1991 and subsequently amended vide: ### 1. MOST's Notification No.GSR 500(E) dated 8.7.1993. ### 2. MOST's Notification No.GSR 568(E) dated 26.9.1997. ### 3. MOST's Notification No.GSR 511(E) dated 31.5.2000. ### 4. MOS's Notification No.GSR 247(E) dated 4.4.2001 ### 5. M/O Shipping, Road Transport & Highways' Notification No.GSR-250(E) dated 28.4.2005 .
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State of Himachal Pradesh - Act --------------------------------- Himachal Pradesh Enumeration of Dwellings Act, 1976 ----------------------------------------------------- HIMACHAL PRADESH India Himachal Pradesh Enumeration of Dwellings Act, 1976 ===================================================== Act 41 of 1976 ---------------- * Published on 8 March 1976 * Commenced on 8 March 1976 Himachal Pradesh Enumeration of Dwellings Act, 1976 (Act No. 41 of 1976) Last Updated 6th June, 2020 For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extraordinary) , dated 8th March, 1976, p. 828. (Received the assent of the Governor on the 17th November, 1976 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 23rd November, 1976, pp. 1883-1886). An Act to provide legal cover under which Government may proceed with such enumeration of houses and dwellings 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: - ### 1. Short title, extent and commencement. (1) This Act may be called the Himachal Pradesh Enumeration of Dwellings Act, 1976. (2) It extends to the whole State of Himachal Pradesh. (3) It shall come into force at once. ### 2. Definition. - In this Act "dwelling house" means a building or structure used or constructed or adapted to be used wholly or principally for human habitation and includes any part of a house where that part is separately occupied for such habitation. ### 3. Appointment of enumeration staff. (1) The State Government may appoint an Enumeration Commissioner to supervise the making of the enumeration of dwelling houses throughout the State. (2) The State Government may, by general or special order and either by name or designation, appoint persons as enumeration officers to make, or aid in making, or supervise the making of the enumeration in such local areas as may be specified. (3) The State Government may delegate to such authority as it thinks fit the power of appointing enumeration officer conferred by sub-section (2). ### 4. Status of enumeration officers as public servants. - The Enumeration Commissioner and all enumeration officers shall be public servants within the meaning of the Indian Penal Code, 1860 (45 of 1860). ### 5. Power to call upon certain persons to give assistance. - The District Magistrate or the enumeration officer for any local area may by written order which shall have effect throughout the extent of his district or of such local area, as the case may be, call upon all members of district, municipal, panchayat and other local authorities and officers and servants of such authorities to give such assistance as shall be specified in the order towards the making of the enumeration within the areas for which such local authorities are established, and the persons to whom such order is directed shall be bound to obey it and shall while acting in pursuance of such order be deemed to be public servants within the meaning of the Indian Penal Code, 1860 (45 of 1860). ### 6. Occupier to permit access and affixing of number or marks. - Every person occupying a dwelling house or other place shall allow enumeration officers such access thereto as they may require for the purpose of the enumeration and as, having regard to the customs of the country, may be reasonable and shall allow them to paint on, or affix to, the dwelling house or place such letters, marks or numbers as maybe necessary for the purpose. ### 7. Penalties. (1) Any person lawfully required to give assistance towards the making of the enumeration who refuses or neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this Act or any rule made thereunder or any person who hinders or obstructs another person in performing any such duty or in obeying any such order, or (2) any enumeration officer who knowingly makes any false return, or (3) any person occupying any dwelling house or other place who refuses to allow any enumeration officer such reasonable access thereto as he is required by section 6 to allow, or (4) any person who removes, obliterates, alters or damages any letters, marks or numbers which may have been painted or affixed for the purpose of the enumeration, shall be punishable with fine which may extend to two hundred rupees. ### 8. Sanction required for prosecution. - No prosecution under this Act shall be instituted except with the previous sanction of the State Government or of an authority empowered in this behalf by the State Government. ### 9. Operation of other laws not barred. - Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act; provided that no such prosecution shall be instituted except with the previous sanction referred to in section 8. ### 10. Jurisdiction. - No court inferior to that of a Magistrate of first class shall try, whether under this Act or under any other law, anything which constitutes an offence under this Act. ### 11. Records of enumeration to be public documents. - All records or registers made under this Act or the rules made thereunder shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1872 (1 of 1872). ### 12. Power to make rules. (1) The State Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules providing for the appointment of enumeration officers and persons to perform any of the duties of enumeration officers or to give assistance in making of the enumeration, and for the general instructions to be issued to such officers and persons. (3) In making a rule under this section, the Government may provide that a contravention thereof shall be punishable with fine which may extend to two hundred rupees. (4) 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 in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid the Legislative Assembly makes any modification in the rule or decides that the rule should not be made that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 13. Repeal and savings. - The East Punjab Enumeration of Dwelling Act, 1948 (24 of 1948) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) is hereby repealed: Provided that anything done or any action taken under the provisions of the Act so repealed, shall, in so far as it is not inconsistent with the provisions of the Act, be deemed to have been done or taken under the corresponding provisions of this Act.
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Union of India - Act ---------------------- The Sugar (Price Determination for 1992-93 Production) Order, 1992 -------------------------------------------------------------------- UNION OF INDIA India The Sugar (Price Determination for 1992-93 Production) Order, 1992 ==================================================================== Rule THE-SUGAR-PRICE-DETERMINATION-FOR-1992-93-PRODUCTION-ORDER-1992 of 1992 ------------------------------------------------------------------------------ * Published on 24 December 1992 * Commenced on 24 December 1992 The Sugar (Price Determination for 1992-93 Production) Order, 1992 Published vide Notification Gazette of India, (Extraordinary) , Part 2, Section 3(1), dated 24th December, 1992, pages 13-25, vide Notification No. G.S.R. 943 (E)/Ess. Com/Sugar, dated December 24, 1992 Last Updated 26th July, 2019 In exercise of the powers conferred by sub-section 3 (c) of Section 3 of the Essential Commodities Act, 1955 ( 10 of 1955 ), the Central Government hereby makes the following order, namely,- ### 1. Short title and commencement. (1) This Order may be called the Sugar (Price Determination for 1992-93 Production) Order, 1992. (2) It shall come into force at once. ### 2. Price of Sugar produced in 1992-93 season. - The Central Government hereby determines the prices specified in Columns 2 to 5 of Schedules I and II, hereto annexed, as the prices payable for the Indian Sugar Standard (ISS) grades of sugar mentioned therein, packed in 'A' Twill new gunny bags and produced in 1992-93 by all vacuum pan sugar factories situated in the areas specified in the corresponding entry in Column I of the said Schedules, and specified in Schedule III hereto annexed, and required to be supplied to the persons, organisations or State Governments specified in the Order made by the Central Government under sub-clause (1) of Clause 2 of the Levy Sugar Supply (Control) Order, 1979, for delivery at buyer's option into (i) railways wagons or (ii) the buyer's carts, lorries or other means of transport at the factory gate/factory godown: Provided that where a sugar factory is situated at a distance exceeding five kilometers from the nearest railway station or an out agency of the railway or from the godown outside the factory not connected by rail, the producer may charge additional seven and a half paise per quintal of sugar per kilometer beyond five kilometers of the distance between the sugar factory and such railway station or out agency of the railway, in case of dispatches by rail or between the sugar factory and such godown in case of delivery ex-godowns. Explanation. - In this Order,- (a) the prices specified in Columns 2 to 5 of Schedules I and II aforesaid do not include the duty of excise, additional duty of excise in lieu of sales tax, and the special duty of excise. Which the producer can recover, at the rate in force at the relevant time, in addition to the prices as determined by this Order; (b) the prices specified in Columns 2 to 5 of Schedule I aforesaid-include transport from factory godowns and loading, at buyer's option, into railway wagons at the railway station or siding generally used by the producer and including siding or wagon hauling dunnage and other incidentals; (c) the price specified in Columns 2 to 5 of Schedule II aforesaid include transport from godowns and loading of sugar, at buyer's option, into carts, lorries or other means of transport at the factory gate/factory godowns and include all other incidentals; (d) the Indian Sugar Standard grade (ISS grades) means the grades represented by the Standard sealed samples of sugar in bottles issued by the Director, National Sugar Institute, Kanpur, conforming to the standard L-30, M-30, S-30, L-29, M-29 and S-29 prescribed by the Government. I --- (See Clause 2) Prices for delivery into railway wagons (Rupees per Quintal) grade wise for ISS Grades (Excluding Excise Duty) in respect of factories specified in Schedule III | | | | --- | --- | | Zone | Indian Sugar Standards (ISS) Grades of Sugar | | | L-30M-30 | L-39M-29 | S-30 | S-29 | | 1 | 2 | 3 | 4 | 5 | | Andhra Pradesh | 588.29 | 587.29 | 587.14 | 586.29 | | Assam, Nagaland, Orissa and West Bengal | 672.09 | 671.09 | 670.94 | 670.09 | | [Bihar (North) ] [The prices of North and South Bihar zones are subject to final orders of the Court in respect of Purchase Tax etc. In case any amount is to be realised from the factories in the aforesaid zones of Bihar, it would have to be refunded by the concerned factories to the Sugar Price Equalisation Fund.] | 636.92 | 635.92 | 635.77 | 634.92 | | [Bihar (South) ] [The prices of North and South Bihar zones are subject to final orders of the Court in respect of Purchase Tax etc. In case any amount is to be realised from the factories in the aforesaid zones of Bihar, it would have to be refunded by the concerned factories to the Sugar Price Equalisation Fund.] | 734.27 | 733.27 | 733.12 | 732.27 | | Gujarat (South) | 563.49 | 562.49 | 562.34 | 561.49 | | Gujarat (Saurashtra) | 582.13 | 581.13 | 580.98 | 580.13 | | Haryana | 572.23 | 571.23 | 571.08 | 570.23 | | Karnataka | 559.31 | 558.31 | 558.16 | 557.31 | | Kerala and Goa | 668.33 | 667.33 | 667.18 | 666.33 | | Madhya Pradesh | 649.54 | 648.54 | 648.39 | 647.54 | | Maharashtra (South) | 535.28 | 534.28 | 534.13 | 533.28 | | Maharashtra (North) | 582.07 | 581.07 | 580.92 | 580.07 | | Punjab | 587.92 | 586.92 | 586.77 | 585.92 | | Rajasthan | 703.44 | 702.44 | 702.29 | 701.44 | | Tamil Nadu and Pondicherry | 605.86 | 604.86 | 604.71 | 603.86 | | Uttar Pradesh (Central) | 607.03 | 606.03 | 605.88 | 605.03 | | Uttar Pradesh (East) | 630.83 | 629.83 | 629.68 | 628.83 | | Uttar Pradesh (West) | 613.07 | 612.07 | 611.92 | 611.07 | II ---- (See Clause 2) Prices for delivery into buyer's carts, lorries or other means of transport at the factory gate/factory godown (Rupees per quintal) Grade wise for ISS Grade (Excluding Excise Duty) in respect of factories specified in Schedule II. | | | | --- | --- | | Zone | Indian Sugar Standards (ISS) Grades of Sugar | | | L—30M—30 | L—39M—29 | S—30 | S—29 | | 1 | 2 | 3 | 4 | 5 | | Andhra Pradesh | 586.29 | 585.29 | 585.14 | 584.29 | | Assam, Nagaland, Orissa and West Bengal | 670.09 | 669.09 | 668.94 | 668.09 | | [Bihar (North) ] [The prices of North and South Bihar zones are subject to final orders of the Court in respect of Purchase Tax etc. In case any amount is to be realised from the factories in the aforesaid zones of Bihar, it would have to be refunded by the concerned factories to the Sugar Price Equalisation Fund.] | 634.92 | 633.92 | 633.77 | 632.92 | | [Bihar (South) ] [The prices of North and South Bihar zones are subject to final orders of the Court in respect of Purchase Tax etc. In case any amount is to be realised from the factories in the aforesaid zones of Bihar, it would have to be refunded by the concerned factories to the Sugar Price Equalisation Fund.] | 732.27 | 731.27 | 731.12 | 730.27 | | Gujarat (South) | 561.49 | 560.49 | 560.34 | 559.49 | | Gujarat (Saurashtra) | 580.13 | 579.13 | 578.98 | 578.13 | | Haryana | 570.23 | 569.23 | 569.08 | 568.23 | | Karnataka | 557.31 | 556.31 | 556.16 | 555.31 | | Kerala and Goa | 666.33 | 665.33 | 665.18 | 664.33 | | Madhya Pradesh | 647.54 | 646.54 | 646.39 | 645.54 | | Maharashtra (South) | 533.28 | 532.28 | 532.13 | 531.28 | | Maharashtra (North) | 580.07 | 579.07 | 578.92 | 578.07 | | Punjab | 585.92 | 584.92 | 584.77 | 583.92 | | Rajasthan | 701.44 | 700.44 | 700.29 | 669.44 | | Tamil Nadu and Pondicherry | 605.86 | 602.86 | 602.71 | 601.86 | | Uttar Pradesh (Central) | 603.03 | 604.03 | 603.88 | 603.03 | | Uttar Pradesh (East) | 628.83 | 627.83 | 627.68 | 626.83 | | Uttar Pradesh (West) | 611.07 | 610.07 | 609.92 | 609.07 |
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State of Odisha - Act ----------------------- The Court-fees (Orissa Amendment) Act, 1993 --------------------------------------------- ODISHA India The Court-fees (Orissa Amendment) Act, 1993 ============================================= Act 9 of 1993 --------------- * Published on 1 January 1993 * Commenced on 1 January 1993 The Court-fees (Orissa Amendment) Act, 1993 Act No. 9 of 1993 An Act further to amend the Court-fees Act, 1870 in its application to the State of Orissa Be it enacted by the Legislature of the State of Orissa in the Forty-fourth Year of the Republic of India. ### 1. Short title. - This Act may be called the Court-fees (Orissa Amendment) Act, 1993. ### 2. Amendment of Schedule II. - In Schedule II to the Court-fees Act 7 of 1870 as amended in its application to the State of Orissa, in Article 1, for Clause (d) including the entries under the second and third columns thereof, the following shall be substituted, namely : | | | | | --- | --- | --- | | "(d) (i) | When presented to the High Court under Section 115 of the Code of Civil Procedure, V of 1908 | Thirty rupees. | | (ii) | When presented to a District Court under Section 115 of the Code of Civil Procedure, V of 1908 for revision of an order - | | | | (a) | when the value of the suit or proceedings to which the order relates does not exceed one thousand rupees | Eleven rupees. | | | (b) | when the value of the suit or proceedings exceeds one thousand rupees | Twenty rupees. | | (iii) | When presented to a Court otherwise than under that section | Four rupees." |
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Union of India - Act ---------------------- Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 ------------------------------------------------------------------------------------------ UNION OF INDIA India Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 ========================================================================================== Rule PENSION-FUND-REGULATORY-AND-DEVELOPMENT-AUTHORITY-RETIREMENT-ADVISER-REGULATIONS-2016 of 2016 ---------------------------------------------------------------------------------------------------- * Published on 13 June 2016 * Commenced on 13 June 2016 Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 Published vide Notification No. PFRDA/12/RGL/139/1, dated 13.6.2016 Last Updated 2nd November, 2018 No. PFRDA/12/RGL/139/1. - In exercise of the powers conferred by sub-section (1) of Section 52 read with clause (w) of sub-section (2) thereof and clause (d) of sub-section (2) of section 14 of the Pension Fund Regulatory and Development Authority Act,2013 (23 of 2013), the Pension Fund Regulatory and Development Authority hereby makes the following regulations, namely:- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) These regulations may be called the Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. The objective of the regulations is to provide a framework for eligibility, registration process, fees etc. of Retirement Adviser and to define the scope of work and responsibility of the Retirement Adviser to ensure orderly growth of pension sector. ### 2. Definitions. - In this regulation, unless the context otherwise requires,- (i) "Act" means the Pension Fund Regulatory and Development Authority Act , 2013 (23 of 2013); (ii) "any other pension scheme" means any other pension scheme referred to in clause (b) of sub-section (1) of section 12 of the Act; (iii) "Auditor" means a person who is qualified to audit the accounts of a company under Section 224 of the Companies Act, 1956 ( 1 of 1956 ) or appointed under Section 139 of the Companies Act, 2013. (iv) "Authority" means the Pension Fund Regulatory and Development Authority established under sub-section (1) of section 3 of the Pension Fund Regulatory and Development Authority Act, 2013; (v) "Chairperson" means the Chairperson of the Authority; (vi) "Company" means any entity formed and registered under Companies Act, 1956 or incorporated under the Companies Act, 2013. (vii) "Compliance Officer" shall be a person of responsibility from a Retirement adviser, and designated as such, duly responsible for monitoring compliance of the provisions of Act, rules and regulations, notifications, guidelines, instructions, etc., issued by the Authority or the Central Government from time to time and for redressal of subscriber grievances. (viii) "Fees and charges" means fees and charges payable as remuneration for services rendered by intermediaries under National Pension System. (ix) "Member" means member of the Authority and includes its Chairperson. (x) [ "Prospects" means any prospective subscriber or group of subscribers of National Pension System or any organisation or corporate or employer, which desires to implement National Pension System for its employees or has implemented such pension system for its employees, and where National Pension System is available in a jurisdiction outside the territory of India, citizens of India, residing in such jurisdictions.] [Substituted by Notification No. PFRDA/12/RGL/139/10, dated 28.4.2017 (w.e.f. 13.6.2016).] (xi) "Retirement adviser" means any person being an individual, registered partnership firm, body corporate, or any registered trust or society, which desires to engage in the activity of providing advice on National Pension System or other pension scheme regulated by Authority to prospects/subscribers or other persons or group of persons and is registered as such under these regulations. (2) Words and expressions used and not defined in these regulations but defined in the Act, shall have the meanings respectively assigned to them in the Act. Chapter II Registration of Retirement Advisers --------------------------------------------------- ### 3. Application for grant of certificate. (1) On and from the commencement of these regulations, any individual, firm or a corporate body or any registered trust or society, acting as a retirement adviser or desirous of acting as such or holding himself or itself out as a retirement adviser by providing or disseminating advice in any manner, either oral or in writing on National Pension System (NPS) or any pension scheme regulated by the Authority, to any potential or existing subscriber, with the object of facilitating opening of new accounts or offering advisory services to existing subscribers, shall obtain a certificate of registration to act as a retirement adviser from the Authority as provided under these regulations : (2) An application for grant of certificate of registration shall be made in Form A as specified in the First Schedule to these regulations and shall be accompanied by a non-refundable application fee to be paid in the manner specified in Second Schedule. ### 4. Exemption from registration. (1) The following persons or entities shall not be required to seek registration under regulation 3 subject to the fulfilment of the conditions stipulated therefor, - (a) Any intermediary or entity regulated by the Authority. (b) Any other entity as may be specified by the Authority other than specified under sub-regulation (2). (2) The following persons or entities shall not be required to obtain a certificate of registration subject to the fulfilment of the conditions stipulated therefor, - (a) Any advocate, solicitor or law firm, who provides retirement advice to their clients, incidental to their legal practice; (b) Any member of Institute of Chartered Accountants of India, Institute of Company Secretaries of India, Institute of Cost and Works Accountants of India, Institute of Actuaries of India or any other professional body as may be specified by the Authority, who provides retirement advice to his clients, incidental to his professional service; (c) Any other entity as may be specified by the Authority. Provided that such persons or entities shall comply with the general obligation(s) and responsibilities as specified in these regulations and shall be fully liable for any defaults, as provided under these regulations, notwithstanding that such persons or entities have not obtained or granted any certificate of registration under these regulations: ### 5. Furnishing of further information, clarification and personal representation. (1) The Authority may require the applicant to furnish further information or clarification regarding matters relevant to retirement advisory services for the purpose of consideration of the application filed under sub-regulation (2) of regulation 3. (2) The applicant or his authorised representative, if so required, shall appear before the Authority for personal representation in regard to processing and grant of registration or exemption where so applicable. ### 6. Consideration of application and eligibility criteria. - For the purpose of the grant of certificate, the Authority shall take into account all matters which are relevant to the grant of certificate of registration and in particular the following, namely, - (a) whether the applicant is an individual, a body corporate or a registered partnership firm or society or trust registered under applicable law; (b) where the applicant is a body corporate, all the representatives of the applicant who provide retirement advice are appropriately qualified and certified as specified in regulation 7; (c) Where the applicant is a proprietary concern, firm, limited liability partnership or trust or society, proprietors or all partners or majority of trustees or members of the society who are engaged in giving retirement advice are qualified and certified as specified in regulation 7; (d) whether the applicant has the necessary infrastructure to effectively discharge the activities of a retirement adviser; (e) whether the applicant or any person directly or indirectly connected with the applicant has in the past been refused certificate by the Authority in regard to any functions or as an intermediary and if so, the grounds for such refusal; (f) whether any disciplinary action or other measures have been taken by the Authority or any other regulatory authority or by a government department or by any entity in the financial sector or by any professional body or institution against any person or entity, either directly or indirectly connected with the applicant under the respective Act, rules or regulations made thereunder in the past five years immediately preceding such application or such person has been convicted by any court for commission of any economic offence or involving moral turpitude in the past five years immediately preceding such application ; (g) any other criteria that may be notified by the Authority, as may be deemed fit in the interest of subscribers. ### 7. Qualification and certification requirement. (a) The individual, proprietor, partners, trustees, members and representatives of a retirement adviser registered under these regulations, offering retirement advice shall possess the minimum qualifications of that being a Graduate in any discipline, at all times, and; (b) Individuals and the proprietor, partners, trustees, members and representatives of retirement advisers to ensure that the individuals offering retirement advice shall, at all times, possess a valid certification on retirement planning or retirement advisory services from an Institute accredited by the Authority. Provided that such certification shall not be mandatory in the following cases: (i) an Investment Adviser registered with Securities and Exchange Board of India under its regulations (ii) any Certified Financial Planner (CFP) or Associate Financial Planner (AFP)- Retirement Planning Certification/s, awarded by Financial Planning Standards Board India (FPSB India) (iii) any other cases as specified by Authority. Provided further that fresh certification or renewal of the existing certificate through completing continuous professional education by the accredited institute must be obtained before expiry of the validity of the existing certificate to ensure continuity in compliance with certification requirements. ### 8. Security Deposit. - (i) Retirement Advisers which are body corporate(s) or partnership firm(s) or any registered trust or society, on registration, shall submit security deposit in the form of bank deposit or performance guarantee to the Authority, as may be determined by the Authority through issuance of appropriate notification/circular /guidelines /directions, before commencement of its activities under National Pension System. The deposit to be submitted shall be valid for a period of six months beyond the original or renewed period of registration so granted. Such security deposit or guarantee ought to be issued by a Scheduled commercial bank and where any bank is offering services of a retirement adviser, then security deposit shall be issued by another scheduled commercial bank. The registration granted is liable to be cancelled, if such deposit is not received within the time stipulated by the Authority, unless extended. [(ii) Retirement Advisers who are individuals or carrying on proprietary concerns, upon registration, shall provide security deposit in the form of bank fixed deposit receipt or performance guarantee to the Authority, as may be determined by the Authority through issuance of appropriate notifications/circular /guidelines /directions before commencement of its activities under National Pension System. The bank fixed deposit receipt or Performance Guarantee to be so submitted shall be valid for a period of six months beyond the original or renewed period of registration so granted. The registration granted is liable to be cancelled, if such deposit is not received within the time stipulated by the Authority, unless extended.] ### 9. Grant of certificate of registration. - The Authority on being satisfied that the applicant satisfies and complies with the requirements specified in regulation 6 shall send intimation to the applicant and on receipt of the payment of registration/renewal fees as specified in Second Schedule, shall grant a certificate of registration in Form B as specified under First Schedule, subject to observance of such terms and conditions accompanying such certificate of registration. ### 10. Period of validity of certificate. - The certificate of registration granted under regulation 9 shall be valid for a period of three years from the date of its issue. ### 11. Renewal of certificate. (1) Three months before the expiry of the period of validity of the certificate, the retirement adviser may, if he so desires, make an application in Form A for grant of renewal of certificate of registration (2) The application for renewal under sub-regulation (1) shall be dealt with in the same manner as if it were an application made under sub-regulation (2) of regulation 3 for grant of certificate. Provided however that the Authority may also take into consideration, the performance of the retirement adviser during the original period of certification including the number of new accounts opened. (3) In case the application for renewal is not received within the time period stipulated in sub-regulation (1), the Authority may consider the application on receipt of the same along with the late fee as specified by the Authority. No application for renewal shall be accepted beyond a period of one hundred and eighty days from the date of expiry of existing registration. (4) An existing Retirement Adviser shall have no special rights or privilege for grant of such renewal by the Authority. (5) The Authority may if it deems fit, exempt at the time of renewal, any existing Retirement Adviser from satisfying any of the eligibility conditions, for reasons to be recorded in writing and such exemption may be granted with or without any conditions. ### 12. Procedure where registration is refused. (1) After considering an application made under regulation 3, if the Authority is of the opinion that a certificate should not be granted to the applicant, it may reject the application for reasons to be recorded in writing. The Authority may before rejecting the application give the applicant a reasonable opportunity of curing the deficiencies within a specified time period. (2) The decision of the Authority to reject the application shall be communicated to the applicant within thirty days of such decision. (3) Where an application for a certificate of renewal is rejected by the Authority, the applicant shall forthwith cease to act as a retirement adviser certified by Authority : Provided that nothing contained in this regulation shall affect the liability of the applicant towards the subscribers associated with it, under law. ### 13. Conditions of certificate. - The certificate granted under regulation 9 shall, inter alia, be subject to the following conditions:- (a) the retirement adviser shall abide by the provisions of the Act and these regulations and features of National Pension System; (b) the retirement adviser shall forthwith inform the Authority in writing, if any information or particulars previously submitted to the Authority are found to be false or misleading in any material particulars or if there is any material change in the information already submitted; (c) the retirement adviser shall include the words 'retirement adviser ' in its name: (d) Provided that if the retirement advisory service is being provided by a separately identifiable department or division or a subsidiary, such separately identifiable department or division or subsidiary shall include the words 'retirement adviser ' in its name; (e) [ entities, other than individuals, registered with the Authority, as retirement advisers, shall only be allowed to conduct the Retirement Advisory services, outside the territory of India, for certain classes or sections of prospects, to the extent so specifically permitted. Such entities shall seek prior specific approval, by submitting written request to Authority along with an application and fee, if any, that may be specified. The Authority may grant the approval, subject to the condition that Retirement Adviser will take prior approval, where so required, as per relevant law, of the concerned jurisdiction, outside India. [Inserted by Notification No. PFRDA/12/RGL/139/10, dated 28.4.2017 (w.e.f. 13.6.2016).] The Authority may while granting such approval, interalia have regard to the past experience, trackrecord and performance of the applicant.] [Substituted by Notification No. PFRDA/12RGL/139/10, dated 28.12.2017 (w.e.f. 13.6.2016).] ### 14. Suspension and Cancellation of Certificate of Registration. - The certificate of registration issued to the Retirement Adviser shall be liable to be suspended, withdrawn, revoked or cancelled, as the case may be in the following cases, namely if the Retirement Adviser : (a) fails to comply with any of the conditions subject to which the certificate has been granted; (b) contravenes any of the provisions of the Pension Fund Regulatory and Development Authority Act, 2013, the regulations made thereunder and such other guidelines or directions issued by the Authority from time to time; or; (c) fails to furnish any information relating to his activities as retirement adviser, as required by the Authority; (d) furnishes wrong or false information, or conceals or fails to disclose material facts in the application submitted for obtaining the certificate; (e) does not submit periodical returns as required by the Authority; (f) fails to resolve the complaints of the subscribers or fails to give a satisfactory reply to the Authority in this behalf; (g) does not co-operate with any inspection conducted by the Authority; (h) acts in a manner detrimental to or against the interest of the subscriber or against public interest or does not promote orderly growth of National Pension System or violates the features of the said scheme; (i) against whom any investigation has been commenced by any agency or authority in relation to activities of fraud or financial impropriety or any orders of restraint, debarment, prohibition or like nature has been passed against it by any regulatory body or by the government or has been convicted for commission of any economic offences or involving moral turpitude by any court of law. (j) Any other acts of commission or omission as may be specified by the Authority through notification or circulars or guidelines. ### 15. Fees to be charged by the Retirement Adviser. - [(1) Fee to be charged by the Retirement Adviser- A Retirement adviser shall provide retirement advice and shall facilitate on-boarding to National Pension System and assist the subscriber in getting the subsequent services under National Pension System. The fees for retirement advice, on-boarding and subsequent services or transaction, may be charged by the Retirement Adviser from the subscriber, subject to the maximum of charges that may be determined by the Authority in this behalf. The upper ceiling of fee payable for on-boarding of a prospect under National Pension System shall be as determined by the Authority through issuance of appropriate notification/circular/ guidelines/directions, in that behalf. Payment of on-boarding fee by such subscriber will be applicable only upon completion of the registration process/on-boarding of the subscriber and generation of his or her individual pension account under National Pension System. For any subsequent services, the Retirement Adviser shall be entitled to collect charges from the subscriber, as may be determined in that behalf, by issuance of appropriate notifications, guidelines, circulars or directions by the Authority.] [Substituted by Notification No. PFRDA/12RGL/139/10, dated 28.12.2017 (w.e.f. 13.6.2016).] (2) Retirement Adviser which is an individual or a firm or body corporate or any other entity, advising a prospect or subscriber or a group or class of subscribers collectively, may charge advisory fees, subject to any ceiling as may be specified by Authority, through issuance of appropriate notifications ,guidelines, circulars or any other directions, if any. The fees in such cases shall be chargeable as per the written agreement between the prospect/subscriber and the Retirement Adviser. Further, a Retirement Adviser shall ensure that fees charged to the prospects/subscribers including the group of subscribers are fair and reasonable and commensurate to the services offered. All fee and charges collected shall be duly acknowledged by the retirement adviser by issuance of appropriate receipts for the service provided. (3) [ Notwithstanding anything contained in sub-regulation (1), in respect of eligible prospects, outside the territory of India, the retirement adviser, who has been specifically allowed to render services to them, by the Authority, shall be entitled to collect an on-boarding fee of upto eight US $ or in equivalent currency, from the prospect, where such retirement adviser sources the application from prospect in such territory, outside India, and sends the same to Point of- Presence, in India, for account opening or getting it opened through online platform. Where the Retirement Adviser sources the application from prospect, outside the territory of India and submits the same to the branch of registered Points-of-Presence, providing services under National Pension System in such territory, the on-boarding fee which may be collected by the Retirement Adviser, from the prospect, shall be limited up to two US$ or in equivalent currency. [The Retirement Adviser shall also be entitled to collect from the subscriber, service charges not exceeding one US $ per transaction or in equivalent currency, for any subsequent services under National Pension System, provided to such subscriber outside the territory of India, post the opening of his individual pension account.] [Substituted by Notification No. PFRDA/12/RGL/139/10, dated 28.4.2017 (w.e.f. 13.6.2016).] ] ### 16. Recognition of body or body corporate for monitoring of retirement advisers. (1) The Authority may recognize any body or body corporate for the purpose of monitoring the activities of retirement advisers. (2) The Authority may, at the time of grant of recognition to such body or body corporate, delegate administration and supervision of retirement advisers to such body or body corporate on such terms and conditions as may be specified by the Authority. (3) The Authority may specify that no person shall act as a retirement adviser unless he or she or it is a member of such a recognized body or body corporate and in such event, provisions of these regulations and byelaws or articles of such body or body corporate shall apply mutatis mutandis to such retirement advisers. Chapter III General Obligations and Responsibilities --------------------------------------------------------- ### 17. General responsibility. (a) A Retirement Adviser shall act in a fiduciary capacity towards his prospects/subscribers and shall disclose all conflicts of interests as and when they arise; (b) A Retirement Adviser may have a tie up with the registered Points of Presence for providing services to the prospects. There shall be no restrictions on the number of Points of Presence with whom the Retirement Adviser may enter into such arrangements provided that the interests of the subscribers are not adversely affected.; (c) A Retirement Adviser shall not receive any consideration by way of remuneration or compensation or in any other form from any person other than the prospect or subscriber being advised, in respect of National Pension System (NPS) or other pension scheme regulated by Authority, for which such advice is provided; (d) A Retirement Adviser shall not collect any amount in cash for investment or contribution to the pension account of the subscribers in the capacity of Retirement Adviser; (e) The Retirement Adviser shall advice the prospects or subscribers of the manner of filling the registration form for enrolment, exit forms, various other forms required to modify or change personal master details, nomination, Point of Presence, Pension Funds, investment choice and other related activities under National Pension System or other pension schemes;. (f) The Retirement Adviser shall advice the subscribers on a periodic basis about the performance of Pension Funds, underlying asset portfolio, NAV, general financial market trend or any other relevant information through dedicated e-mail, newsletters or other specified means ; (g) The Retirement Adviser shall advice the subscribers on a periodic basis about the change in various policies & guidelines issued by Authority, or other information pertaining to intermediaries under National Pension System including the National Pension System Trust; (h) A retirement adviser shall maintain an arms-length relationship between its activities as a Retirement Adviser and its other activities; (i) A Retirement Adviser which is also engaged in activities other than that of retirement advisory services shall ensure that its retirement advisory services are clearly segregated from all its other activities; (j) A Retirement Adviser shall ensure that in case of any conflict of interest on retirement advisory activities with other activities, such conflict of interest shall be disclosed to the prospects or subscribers, beforehand; (k) A Retirement Adviser shall not divulge any confidential information about its prospect or subscriber, which has come to his or its knowledge, without taking prior permission of its prospect or subscriber, except where such disclosures are required to be made in compliance with any law for the time being in force; (l) A Retirement Adviser shall follow 'Know Your Customer' procedure as specified by the Authority from time to time; (m) A Retirement Adviser shall abide by Code of Conduct as specified by Authority; (n) In case of change in control of firm of the Retirement Adviser, timely intimation shall be given to Authority; (o) Retirement Advisers shall furnish to the Authority information and reports as may be specified by the Authority from time to time. (p) It shall be the responsibility of the Retirement Adviser to ensure that its representatives and partners, as applicable, comply with the certification and qualification requirements as specified by Authority at all times. ### 18. Scope of Work. - A Retirement Adviser shall undertake the following activities: (i) Creating awareness of National Pension System and other pension schemes regulated by Authority will be the core responsibility of the Retirement Adviser; (ii) To facilitate on-boarding of the prospective subscriber to National Pension System or other pension scheme regulated by Authority; (iii) To advise prospects on the necessity of old age income security, retirement planning, level of contributions they can make , having regard to their current and future potential income to achieve desired retirement objectives and other issues connected with taking of these decisions and avoid chances of mis-selling; (iv) To help prospects and other subscribers in planning for retirement savings; (v) The retirement adviser is expected to exercise professional due diligence while dealing with prospects and possess the necessary skills towards this end; (vi) The retirement adviser shall allow a free and frank atmosphere while dealing with prospects, which shall allow them to take informed transactional decisions and for this purpose and shall keep the interest of the prospect/subscriber in the forefront; (vii) The retirement adviser is required to collect and suggest prospects or subscribers , the most suitable scheme, taking into consideration the following aspects of the prospects and based on utmost good faith and fair market practices: a. Due diligence on the requirements of the prospects to suggest them the most suitable products by collecting basic information of the prospects such as information pertaining to age, marital status, dependents, current assets, liabilities, income, planned purchases, planned retirement age; plans post retirement, family history of health and longevity and the current health position. b. Identifying prospect's financial and retirement goals. c. Analyzing prospect's current financial situation and current investments. d. Risk profiling of the prospect or subscriber. e. Asset Allocation f. Investment allocation strategy g. Periodic monitoring and balancing. h. Likelihood of immediate and near future financial commitments of either self or family. (viii) A Retirement Advisor will enable the subscribers to avail the benefits of pension schemes regulated by Authority by supporting them in making simple decisions about contributions, investments allocation and selection of Pension Funds. (ix) A Retirement Adviser shall partner with corporates and Government departments to run awareness programmes on retirement planning for their employees. (x) A Retirement Advisor shall be able to appropriately guide and advice the subscriber about the risk and return profiles of the different financial assets and also advise the most suitable ratio of fund allocation in each of the asset classes viz. Equity, Government Securities, Corporate Bonds after duly considering the profile of the prospect and prevailing market conditions, and expected growth in the various parameters of economy and financial markets. A retirement advisor shall not hold out any guarantee for the performance of any asset. (xi) Retirement Advisors may create awareness on the fund performance of each pension fund including comparison of the returns of the scheme and investments made by the pension funds, on the basis of information made available or approved by Authority. (xii) Retirement Advisors would transmit information and documents to intermediaries in a time bound manner and maintain utmost confidentiality at all times of personal information collected from subscribers and shall not use it for any other activity without the consent of the subscriber. ### 19. Risk profiling. - Retirement Adviser shall ensure that,- (a) it obtains from the prospects or subscribers, such information as is necessary for the purpose of giving retirement advice, including the following:- (i) age; (ii) income details; (iii) existing retirement savings/ assets; (iv) risk appetite/ tolerance; (v) liability/borrowing details. (vi) dependent family members (vii) life/health insurance details (viii) any other relevant information in the risk profiling sheet as specified in fourth schedule as amended by the Authority from time to time. (b) it follows a process for assessing the risk, a prospect or subscriber is willing and able to take, including: (i) assessing a prospect's capacity for absorbing loss; (ii) identifying whether prospect is in a position to understand the concept of market risk involved in the process of investment; (iii) appropriately interpreting prospect's responses to questions and not attributing inappropriate weight to certain answers.; (iv) is able to understand and appreciate that retirement plans involve long gestation period, and early liquidation or exit, from the scheme is not beneficial. (c) where tools are used for risk profiling, it shall be ensured that the tools are fit for the purpose and any limitations are identified and mitigated; (d) any questions or description in any questionnaires used to establish the risk that a prospect is willing and able to take are fair, clear and not misleading, and shall ensure that: (i) questionnaire is not vague or use double negatives or in a complex language that the prospect may not understand; (ii) questionnaire is not structured in a way that it contains misleading questions. (e) once the assessment is done, risk profile of the prospect is communicated to the prospect; (f) risk assessment is updated periodically on the basis of the information provided by prospects or subscribers. ### 20. Disclosures to prospects/subscribers. (a) A retirement adviser shall disclose to a prospective subscriber, all material information about himself/itself including its business, disciplinary proceedings history, professional qualifications, the terms and conditions on which it offers advisory services, affiliations with other intermediaries and such other information as is necessary to take an informed decision on whether or not to avail his/its services; (b) A retirement adviser shall disclose to its prospect, any consideration by way of remuneration or compensation or in any other form whatsoever, received or receivable by it; (c) A retirement adviser shall disclose to the prospect any actual or potential conflicts of interest arising from any connection to or association with any intermediaries under National Pension System or any other pension scheme regulated by Authority, including any material information or facts that might compromise its objectivity or independence in the carrying on of retirement advisory services; (d) A retirement adviser shall, while making an advice, make adequate disclosure to the prospect of all material facts relating to the key features of the services or products or securities, particularly, performance track record of various investment asset class and annuity schemes offered by various Pension Funds and Annuity Service Providers.; (e) A retirement adviser shall draw the prospect's attention to the warnings, disclaimers in documents, advertising materials relating to an investment choice and annuity choice which it is recommending to the prospect/subscriber; (f) A retirement adviser shall inform that National Pension System is not a tie-up with other products or offered in combination with other financial products or services provided by the retirement adviser; (g) A retirement adviser shall refrain from making any statements which are derogatory or disparages or distorts the image of National Pension System or that of the Authority in any manner. ### 21. Maintenance of records. (a) A Retirement Adviser shall maintain the following records,- (i) Know Your Customer records of the prospects or subscriber; (ii) Risk profiling sheet as specified in Fourth schedule as amended from time to time, duly filled up and signed by the subscriber Copies of agreements with prospects or subscribers, if any; (iii) A register or record containing list of the prospects or subscribers, the date of advice, fee charged , if any for such advice. (iv) Any other documents or records, as may be notified by the Authority. (b) The records may be maintained in physical or electronic format in such manner that it can be retrieved whenever required by the Authority or any other person authorised by the Authority. (c) A Retirement Adviser, other than an individual Retirement Adviser generating a fees of amount of more than the limit as specified by Authority for retirement advisory services, shall undertake yearly audit in respect of compliance with these regulations from a member of Institute of Chartered Accountants of India. Provided that in case of banks offering services of retirement adviser, the same shall be covered under the scope of its statutory audit. ### 22. Appointment of compliance officer. - A Retirement Adviser which is a body corporate or a partnership firm or any registered trust or society shall appoint a compliance officer who shall be responsible for monitoring the compliance by the Retirement Adviser in respect of the requirements of the Act, regulations, notifications, guidelines, instructions issued by the Authority. For individual retirement advisers, compliances shall be the responsibility of such person in whose name the certificate of registration has been granted by the Authority. ### 23. Redressal of grievances. (a) A Retirement Adviser shall redress subscriber grievances promptly. (b) A Retirement Adviser shall abide by and be bound by the provisions of the Pension Fund Regulatory and Development Authority (Redressal of Subscriber Grievance) Regulations, 2015 as amended from time to time. ### 24. Segregation of execution services. - Retirement Advisers which are banks, Non Banking Finance Companies (NBFCs) and body corporate providing distribution or execution services to their prospects shall keep their retirement advisory services segregated from other activities: Provided that such distribution or execution services can only be offered subject to the following: (a) The prospect shall not be under any obligation to avail the distribution or execution services offered by the Retirement Adviser. (b) The Retirement Adviser shall maintain arm's length relationship between its activities as retirement adviser and distribution or execution services. (c) All fees and charges paid to distribution or execution service providers by the prospect shall be paid directly to the service providers and not through the Retirement Adviser. (d) The Retirement Adviser shall not force the subscriber in any manner to avail their services as a condition precedent for subscribing to National Pension System or offer any tie up services without the approval of the Authority. Chapter IV Inspection -------------------------- ### 25. Authority's right to inspect. (1) The Authority may suo moto or upon receipt of information or complaint appoint one or more persons as inspecting authority to undertake inspection of the books of accounts, records and documents relating to retirement advisers for any of the following reasons, namely: - (a) to ensure that the books of account, records and documents are being maintained by the retirement adviser in the manner specified in these regulations; (b) to inspect into complaints received from subscribers or any other person, on any matter having a bearing on the activities of the retirement adviser; (c) to ascertain whether the provisions of the Act and these regulations are being complied with by the retirement adviser; (d) to inspect into the affairs of a retirement adviser, in the interest of the pension sector or in the interest of subscribers. (2) In respect of banks offering services of retirement adviser, without prejudice to the powers of inspection as contained under sub-regulation(1), the Authority may request the Reserve Bank of India to exercise such powers, as may be required. ### 26. Notice before inspection. (1) Before ordering an inspection under regulation 25, the Authority shall give not less than ten days notice to the retirement adviser. (2) Notwithstanding anything contained in sub-regulation (1), where the Authority is satisfied that in the interest of the subscribers no such notice should be given, it may by an order in writing direct that the inspection of the affairs of the retirement adviser be taken up without such notice. (3) During the course of an inspection, the retirement adviser against whom the inspection is being carried out shall be bound to discharge its obligations as provided in regulation 25. ### 27. Obligation of retirement adviser on inspection. (1) It shall be the duty of every retirement adviser in respect of whom an inspection has been ordered under the regulation 25 and any other associate person who is in possession of relevant information pertaining to conduct and affairs of such retirement adviser, including representative of retirement adviser, if any, to produce to the inspecting authority such books, accounts and other documents in his custody or control and furnish him with such statements and information as the inspecting authority may require for the purposes of inspection. (2) It shall be the duty of every retirement adviser and any other associate person who is in possession of relevant information pertaining to conduct and affairs of the retirement adviser to give to the inspecting authority all such assistance and shall extend all such co-operation as may be required in connection with the inspection and shall furnish such information as sought by the inspecting authority in connection with the inspection. (3) The inspecting authority shall, for the purposes of inspection, have power to examine on oath and record the statement of any employees, directors, partners or person responsible for or connected with the activities of retirement adviser or any other associate person having relevant information pertaining to such retirement adviser. (4) The inspecting authority shall, for the purposes of inspection, have power to obtain authenticated copies of documents, books, accounts of retirement adviser, from any person having control or custody of such documents, books or accounts. ### 28. Submission of report to the Authority. - The inspecting authority shall, as soon as possible, on completion of the inspection submit an inspection report to the Authority: Provided that if directed to do so by the Authority, the inspecting authority may submit an interim report. ### 29. Action on the inspection report. - The Authority may after consideration of the inspection report and after giving reasonable opportunity of hearing to the retirement adviser(s) or its authorized representatives, issue such directions as it deems fit for the orderly growth of National Pension System or the subscribers including,- (a) requiring a retirement adviser not to provide retirement advice for a particular period; (b) requiring the retirement adviser to refund any money collected as fees, charges or otherwise to the concerned subscribers along with the requisite interest and compensation which may be prescribed by the Authority. In case of any loss caused to the subscriber(s) by an act of commission or omission on the part of Retirement Adviser, the Authority may invoke the Performance Guarantee submitted by the Retirement Adviser and Retirement Adviser may have to compensate the subscriber(s) in addition to Authority initiating penal action keeping in mind the extent of violation and level of violation as per the provisions of the Pension Fund Regulatory and Development Authority Act, 2013 and the applicable regulations. (c) prohibiting the retirement adviser from operating as a Retirement adviser for such period as may be specified. Chapter V Suspension or Cancellation of Certificate and Action in Case of Default -------------------------------------------------------------------------------------- ### 30. Cancellation or suspension of certificate of registration. (1) Without prejudice to any other action which may be taken by the Authority, the certificate of a registration granted to a Retirement Adviser is liable to be suspended, cancelled or withdrawn upon happening any of the following events, namely:- (a) fails to comply with any of the terms and conditions subject to which a certificate of Registration has been granted to it; (b) contravenes any of the provisions of the Act or the rules or the regulations made or guidelines, notifications, directions, instructions or circulars issued by the Authority thereunder; (c) voluntarily applies to withdraw the certificate of registration granted by the Authority; (d) a receiver, receiver and manager, administrator or similar person is appointed with respect to the assets and undertakings of the retirement adviser; (e) the retirement adviser,- (i) goes into liquidation (other than for the purposes of a reconstruction or amalgamation on terms previously approved in writing by the Authority); (ii) ceases to carry on business; (iii) breaches any provision of the terms and conditions of registration, or fails to observe or perform any representation, warranty or undertaking given by the retirement adviser or fails to correct such breach or failure within ten working days of receiving notice in writing from the Authority specifying such breach or failure; (iv) conducts its business in a manner prejudicial to the interest of the subscribers under National Pension System; (v) does not co-operate in any enquiry conducted by the Authority; (vi) indulges in manipulating the business under the National Pension System or any other pension schemes; (vii) indulges in unfair trade practices. (f) if retirement adviser, in the opinion of the Authority, has engaged in corrupt or fraudulent practices in obtaining the certificate of registration or has been blacklisted by any Government authority or regulator or an order of restraint, debarment, prohibition or any order of such like nature has been passed against it or such retirement adviser or any of its principal officer has been convicted by a court of law for commission of economic offences or involving any moral turpitude; (g) if retirement adviser submits to the Authority a false statement or information which has a material effect on the rights, obligations or interests of the Authority or the subscribers; (h) if retirement adviser does not submit periodical returns as required by the Authority; (i) if retirement adviser fails to furnish any information as required by the Authority relating to its activities; (j) there is a change in the ownership, management or key personnel of the retirement adviser which in the opinion of the Authority adversely affects the interest of the subscribers; (k) performance is significantly and consistently low compared to assigned targets or with reference to other retirement advisers; (l) acts in a manner prejudicial to the interests of the subscribers; (m) does not cooperate in an inquiry conducted by the Authority; (n) commits any acts of defaults as mentioned under section 28 of the Act; (o) any other reason which in the opinion of the Authority warrants suspension, cancellation or withdrawal of the certificate of registration granted. (2) The Authority may without prejudice to the powers under sub-regulation (1) instead of cancelling or suspending or withdrawing the certificate of registration, direct for varying or modifying the terms and conditions of the certificate of registration, as it may deem fit or pass any other order, as may be deemed beneficial in the interest of the subscribers, for reason to be recorded in writing. (3) No order of cancellation, termination or suspension of registration shall be made unless the person concerned has been given a reasonable opportunity of being heard under an inquiry conducted as per the Regulations. (4) Persons or entities who are permitted to carry on the activities pertaining to retirement adviser under Regulation 4, without having obtained a certificate of registration or in whose case such certificate is not required, may also be liable to such actions, including being debarred, prohibited or suspended from offering services as such retirement adviser. ### 31. Effect of suspension or cancellation or withdrawal of certificate of registration. (1) On and from the date of suspension or cancellation of the certificate of registration, the retirement adviser shall- (a) cease to transact fresh business under the National Pension System or other pension schemes, as the case may be; (b) take such action in respect of the assets, records, documents or information that may be in the custody or control of the retirement adviser, within the time limit and in the manner as may be required under the relevant regulations or as may be directed by the Authority; (c) transfer at its own cost the assets, records, documents or information that are in its custody or control to another retirement adviser in the form and manner as may be directed by the Authority; It shall also ensure that the transfer of all the relevant documents, record or information is made in accordance with the directions issued by the Authority. Any form of non-support or non-cooperation or obstructions from the retirement adviser shall render the retirement adviser liable for imposition of penalty; (d) the retirement adviser shall be subject to the directions of the Authority until all such transfers or actions are completed or until, the certificate of registration remains suspended. ### 32. Appointment of designated authority. (1) Where it appears to the designated member that any retirement adviser which has been granted certificate of registration under the Act, these regulations or any other concerned person has committed any default of the nature specified in regulation 32, he may appoint an officer not below the rank of a Chief General Manager, or any other officer of an equivalent rank as a designated authority. (2) No officer who has conducted investigation or inspection in respect of the alleged violation shall be appointed as a designated authority. ### 33. Issuance of notice. (1) The designated authority shall, if it finds reasonable grounds to do so, issue a notice to the retirement adviser or any other concerned person requiring it to show cause as to why the certificate of registration granted to it, should not be suspended or cancelled or why any other action provided herein should not be taken. (2) Every notice under sub-regulation (1) shall specify the contravention alleged to have been committed by the noticee indicating the provisions of the Act, regulations, directions or circulars in respect of which the contravention is alleged to have taken place. (3) There shall be annexed to the notice issued under sub-regulation (1) copies of documents relied on in making of the imputations and extracts of relevant portions of documents, reports containing the findings arrived at in an investigation or inspection, if any, carried out. (4) The noticee shall be called upon to submit within a period to be specified in the notice, not exceeding twenty-one days from the date of service thereof, a written representation to the designated authority. ### 34. Reply by noticee. (1) The noticee shall submit to the designated authority its written representation within the period specified in the notice along with documentary evidence, if any, in support thereof: Provided that the designated authority may extend the time specified in the notice for sufficient grounds shown bythe noticee and after recording reasons of extension in writing. (2) If the noticee does not reply to the show-cause notice, within the time granted for the purpose, the designated authority may proceed with the matter exparte recording the reasons for doing so and make recommendation as the case may be on the basis of material facts available before him. ### 35. Action in case of default. - After considering the representations, if any, of the noticee, the facts and circumstances of the case and applicable provisions of the Act, regulations, directions, guidelines, notifications or circulars issued or administered by the Authority, the designated authority shall submit a report, where the facts so warrant, recommending,- (a) suspension of certificate of registration for a specified period; (b) cancellation of certificate of registration; (c) prohibiting the noticee to take up any new assignment or contract or launch new scheme for the period specified in the order; (d) debarring the principal officer of the noticee from being employed or associated with any registered intermediary, for the period as may be specified; (e) imposition of any other condition , restrictions or compliances as may be deemed necessary upon the noticee or its principal officer or other officers or any other person concerned with it; (f) warning the noticee. ### 36. Procedure for action on recommendation. (1) On receipt of the report recommending measures from the designated authority, the designated member shall consider the same and issue a show-cause notice to the noticee enclosing a copy of the report submitted by the designated authority calling upon the noticee to submit its written representation as to why the action, including passing of appropriate direction, should not be taken. (2) The noticee may, within twenty-one days of receipt of the notice send a reply to the designated member who may pass appropriate order after considering the reply, if any received from the noticee and providing the person with an opportunity of being heard, as expeditiously as possible and endeavor shall be made to pass the order within one hundred and twenty days from the date of receipt of reply of the notice or hearing. (3) The designated member may pass a common order in respect of a number of noticees where the subject matter in question is substantially the same or similar in nature. ### 37. Intimation of order. (1) Every report made by a designated authority and every order passed by the designated member under these regulations shall be dated and signed. (2) A copy of the order passed under these regulations shall be sent to the retirement adviser or any person concerned with it and also placed on the website of the Authority. ### 38. Penalty and adjudication. - The imposition of penalty, if any, on the retirement adviser or any person concerned shall be in accordance with the provisions of the Act and the Pension Fund Regulatory and Development Authority(Procedure for Inquiry by Adjudicating Officer) Regulations, 2015. ### 39. Appeals to Securities Appellate Tribunal. - The retirement adviser or any person concerned, aggrieved by an order under these regulations, may prefer an appeal to the Securities Appellate Tribunal, against such order in accordance with the provisions of sub-section (1) of section 36 of the Act. Explanation. - For the purposes of this Chapter, the expression,- (a) "designated authority" means an officer of the Authority appointed under sub-regulation (1) of regulation 32; (b) "designated member" means the Chairperson or a whole-time member of the Authority designated for the purpose; (c) "noticee" means the person to whom a notice has been issued under this Chapter. Chapter-VI Miscellaneous ### 40. Power of the Authority to issue clarifications etc. - In order to remove any difficulties in the application or interpretation of these regulations, or for any other matter the Authority shall have the power to issue clarifications and guidelines in the form of notes or circulars which shall be binding on the retirement adviser or any person connected with it. ### 41. Power of the Authority over entity recognized under regulation 16. - The Authority shall have the right to alter, modify and overrule any decision, action taken by the body or body corporate recognized under regulation 16. ### 42. Power of Authority to issue directions. (1) Without prejudice to any order that may be issued under these regulations, the Authority may, in the interest of the subscribers or for the purpose of securing the proper management of retirement adviser , issue necessary direction which the Authority may deem fit and proper in the circumstances of the case: Provided that before issuing any directions, the Authority shall give to the persons concerned, a reasonable opportunity of being heard: Provided further that if the circumstances warrant that any interim direction is required to be passed immediately, the Authority may give to the persons concerned, a reasonable opportunity of being heard after passing the direction, without any undue delay. First Schedule Form A Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016. [See Regulations 3 and 11] Application for Grant of Certificate of Registration/Renewal as Retirement adviser Pension Fund Regulatory and Development Authority, B-14/A,Chhatrapati Shivaji Bhawan, Qutab Institutional Area, Katwaria Saria, New Delhi-110016 Instructions ### 1. This form is meant for use by the applicant for grant of certificate of registration as a retirement adviser. ### 2. The applicant should complete this form, and submit it, along with all supporting documents to the Authority at its head office at New Delhi. ### 3. This application form should be filled in accordance with these regulations. ### 4. The application shall be considered by the Authority provided it is complete in all respects. ### 5. All information must be legible and all the pages must be numbered with signature/ stamp on each page of the form. ### 6. Information which needs to be supplied in more detail may be given on separate sheets which should be attached to the application form and appropriately numbered. ### 7. The application must be signed. ### 8. The application must be accompanied by an application fee as specified in the Second Schedule to these regulations. ### 9. [ The application form for Retirement Advisers with all required documents can also be submitted on line with e Signature. Provided that the Authority may seek submission of physical copy of any document (already submitted), at any time, including after issuance of registration certificate and if it is found thereupon, that the information or document so submitted online, is at variance with the physical copy since submitted, suitable action may be taken by the Authority, which may also entail cancellation of registration.] [Added by Notification No. PFRDA/12RGL/139/10, dated 28.12.2017 (w.e.f. 13.6.2016).] ### 1. General Information (a) Name, address of the registered office, address for correspondence and principal place of business, telephone number(s), fax number(s), e-mail address of the applicant along with the documents (b) Whether application is for registration/ renewal. Provide registration number if the application is for renewal of certificate. (c) Name, direct line number, mobile number and e-mail of the contact person(s). (d) Legal structure of applicant - Whether the applicant is an individual, a proprietor, body corporate (including company), partnership firm or limited liability partnership or society or trust. (e) Whether the applicant is a bank /NBFC. (f) Date and place of incorporation/ establishment, if any. If the applicant is incorporated outside India, details of such incorporation. (g) Whether the applicant is engaged in retirement advisory services prior to making application under these regulations. (h) Whether the applicant is registered with SEBI, RBI, IRDAI or PFRDA in any capacity. If so, details of such registration. (i) Write-up on the activities of the applicant. (For renewal application, provide details of existing retirement advisory services including number and type of subscribers, assets under advice, revenue, profitability, products/ retirement products on which retirement advice was provided, etc.) (j) Details of the certification from the accredited institute as specified in regulations 7, where applicable. ### 2. Details Of Applicant ( besides general information sought above Provide details of only the section applicable to you) I. In case applicant is a company: ### 1. Shareholding pattern and profile of the directors (Enclose identity proof and address proof of the directors). ### 2. Number of employees and agents of the applicant (hereinafter referred to as ‘representatives’) who render/ propose to render retirement advice under these regulations on behalf of the applicant. ### 3. Declaration by the applicant that its representatives currently comply with the certification and qualification requirements under regulation 7. ### 4. Declaration by the applicant that it shall ensure that its representatives comply with the certification and qualification requirements under Regulation 7 at all times. ### 5. List of associated companies registered with SEBI, RBI, IRDAI or PFRDA along with the registration number. ### 6. If applicant is a bank or NBFC, then copy of approval from RBI for undertaking retirement advisory services. ### 7. Net worth certificate by a chartered accountant, not more than six months old. Please note that membership number of the chartered accountant must be included in the certificate, II. In case applicant is a proprietorship firm, partnership firm or a limited liability partnership: ### 1. Name of proprietor, names and beneficial ownership pattern of the partners engaged/proposed to engage in retirement advice (Enclose identity proof and address proof of the partners). ### 2. Whether the aforesaid proprietor or partners have: a. A professional qualification or post-graduate degree or post graduate diploma in finance, accountancy, business management, commerce, economics, capital market, banking, insurance or actuarial science from a university or an institution recognized by the Central Government or any State Government or a recognised foreign university or institution or association; or [b. A graduate in any discipline with not less than five years experience in activities relating to advice in financial products or retirement products or fund or asset or portfolio management provided that requirement of experience shall not be applicable in case of an entity seeking registration having employee(s) who are certified Retirement Advisers. (provide self certified copies of supporting documents).] [Substituted by Notification No. PFRDA/12RGL/139/10, dated 28.12.2017 (w.e.f. 13.6.2016).] (Provide self- certified copies of supporting documents). ### 3. Copy of certification obtained by the aforesaid partners in accordance with regulation 7. ### 4. Declaration that the aforesaid proprietor or partners shall obtain fresh certification before expiry of the validity of the existing certification to ensure continuity in compliance with certification requirements. ### 5. Copy of assets and liabilities statement and certification of net tangible assets of the proprietor or partnership firm certified by a chartered accountant (not more than six months old at the time of filing of application). Please note that membership number of the chartered accountant must be included in the certificate. III. In case applicant is a body corporate (other than company or limited liability partnership): ### 1. Shareholding pattern and profile of the directors (Enclose identity proof and address proof of the directors). ### 2. Whether the applicant is set up or established under an Act or the laws of the Central or State Legislature and whether the applicant is permitted to carry on of the activity of a retirement adviser (Enclose relevant extract of the relevant Statute/Act). ### 3. Number of employees and agents of the applicant (hereinafter referred to as ‘representatives’) who render/ propose to render retirement advice under these regulations on behalf of the applicant. ### 4. Declaration by the applicant that its representatives currently comply with the certification and qualification requirements under regulation 7. ### 5. Declaration by the applicant that it shall ensure that its representatives comply with the certification and qualification requirements under regulation 7 at all times. ### 6. Net worth certificate by a chartered accountant, not more than six months old. Please note that membership number of the chartered accountant must be included in the certificate. IV. In case applicant is an individual (1) Name, permanent address, address for correspondence and principal place of business, telephone number(s), fax number(s), e-mail address of the applicant along with the documentary proof. (b) Whether application is for registration/ renewal. Provide registration number if the application is for renewal of certificate. (c) Educational qualification along with supporting documents I,e. mark sheet, certificate etc. (d) Professional qualification along with the supporting documents I,e. mark sheet, certificate etc. where applicable. ### 3. Business Plan ### 1. Proposed business plan & means of achieving the same. ### 2. [ \*\*\*] [Deleted 'Process for risk profiling of the subscriber and for assessing suitability of advice.' by Notification No. PFRDA/12/RGL/139/10, dated 11.9.2017 (w.e.f. 13.6.2016).] ### 4. Details Of Infrastructure ### 1. [ \*\*\*] [Deleted 'Details of office space, office equipment, furniture and fixtures, communication facilities, research capacity, research software for undertaking retirement advisory services.' by Notification No. PFRDA/12/RGL/139/10, dated 11.9.2017 (w.e.f. 13.6.2016).] ### 1. [] [Renumbered by Notification No. PFRDA/12/RGL/139/10, dated 11.9.2017 (w.e.f. 13.6.2016).] Declaration that the applicant has the necessary infrastructure to effectively discharge the activities of a retirement adviser. ### 5. Execution Services ### 1. If the applicant is a body corporate, to explicitly mention whether the applicant proposes to offer distribution or execution services to its subscribers. ### 2. If yes, the applicant has to provide a declaration that the services are being offered through a subsidiary or separately identifiable department or division. ### 6. Other Information/declarations/ Regulatory Actions. - (a) Details of all settled and pending disputes in the last 5 years. (b) Whether any previous application for grant of certificate made by any person directly or indirectly connected with the applicant has been rejected by the Authority; If yes, provide details of the same. (c) Whether any disciplinary action or orders of restraint, debarment or prohibition of any orders of such like nature has been taken by the Authority or any other regulatory authority or government against any person directly or indirectly connected with the applicant under the Act or the regulations made there under in the last 5 years immediately preceding the date of application. If yes, provide details of such action. (d) Whether the applicant/directors/promoters/ partners have been convicted/ indicted/involved in any economic offence or involving moral turpitude in the last 5 years immediately preceding the date of application. If yes, provide details of the same. (e) A credit report/ score from CIBIL for the applicant. (For applicants other than financial institutions & banking companies) (f) Declaration that the applicant, its representatives and partners, if any, are fit and proper persons based on the criteria as specified by Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016; (g) Declaration that the applicant shall not obtain any consideration by way of remuneration or compensation or any other form whatsoever, from any person other than the subscriber being advised, in respect of the underlying products or securities for which advice is provided to the subscriber. (h) Any other information considered relevant to the nature of services to be rendered by the applicant. ### 7. Declaration Statement I/We hereby agree and declare that the information supplied in the application, including the attachment sheets, is complete and true. AND I/we further agree that, I/we shall notify the Authority immediately of any change in the information provided in the application. I/We further agree that I/we shall comply with, and be bound by the Pension Fund Regulatory and Development Authority Act, 2013 and the rules and regulations made thereunder including the Pension Fund Regulatory and Development Authority (Retirement Advisers) Regulations, 2016, and any guidelines/circulars/notifications/directions and instructions as may be issued by the Authority from time to time. I/ We further agree that as a condition of registration, I/ we shall abide by such operational instructions/directives as may be issued by the Authority from time to time. For and on behalf of(Name of the applicant)Authorized signatory/ Applicant(Signature) (Date and Place) Form B Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 [See regulation 9] Certificate of registration as Retirement Adviser. In exercise of the powers conferred by sub-section 3 of section 27 of the Pension Fund Regulatory and Development authority Act, 2013 ( 23 of 2013 ), read with the regulations made there under, the Authority hereby grants a certificate of registration to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ act as a retirement adviser subject to the conditions specified hereunder and in the Act and in the regulations made thereunder. II. The Registration Number of the retirement adviser is \_\_\_\_\_\_\_\_\_\_\_\_\_ and shall remain valid until................ Date :Place : New Delhi For and on behalf ofPension Fund Regulatory and Development Authority Second Schedule Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 [Regulation 9] [Fees [Substituted by Notification No. PFRDA/12RGL/139/10, dated 28.12.2017 (w.e.f. 13.6.2016).] ### 1. Every individual applicant and every applicant other than individuals shall pay non-refundable application fees as may be determined by the Authority through issuance of appropriate notification/circular /guidelines /directions, along with the application for grant or renewal of certificate of registration. ### 2. Applicants which are individuals shall pay registration/ renewal fee at the time of grant of or renewal of certificate by the Authority, as may be determined by the Authority, through issuance of appropriate notification/circular /guidelines /directions in that behalf. ### 3. Applicants which are firms/body corporate/ registered trust /society shall pay registration/ renewal fee at the time of grant of or renewal of certificate by the Authority, as may be determined by the Authority through issuance of appropriate notifications/circular /guidelines /directions in that behalf. ### 4. The fee shall be paid by the applicant within fifteen days from the date of receipt of intimation from the Authority by a demand draft in favour of 'PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY' payable at New Delhi or in such other manners of payment as may be specified by the Authority, from time to time. ### 5. The quantum of fee payable under this schedule may be revised by the Authority from time to time, by issuance of appropriate circulars, guidelines, directions or notifications. The Applicant shall be required to pay the applicable fee as determined by the Authority failing which it shall not be entitled to grant of registration or renewal thereof, as the case may be.] Third Schedule Pension Fund Regulatory and Development Authority (Retirement Adviser) Regulations, 2016 [See sub-regulation (14) of regulation 15] Code of Conduct For Retirement Adviser ### 1. Honesty and fairness. - A retirement adviser shall act with integrity, honesty, fairness and in the best interests of its subscribers and for orderly growth of National Pension System and pension sector at all times. ### 2. Diligence. - A retirement adviser shall act with due skill, care and diligence in the best interest of the subscribers and shall ensure that its advice is offered after thorough analysis and taking into account available alternatives. ### 3. Capabilities. - A retirement adviser shall have and employ effectively appropriate resources and procedures which are needed for the efficient performance of its business activities. ### 4. Information about prospects/subscribers. - A retirement adviser shall seek from its prospects or subscribers, information about their financial situation, investment experience and retirement objectives relevant to the services to be provided and maintain confidentiality of such information. ### 5. Information to its subscribers. - A retirement adviser shall make adequate disclosures of relevant material information while dealing with its prospects or subscribers. ### 6. Fair and reasonable charges. - A retirement adviser advising a prospect may charge fees, subject to any ceiling as may be specified by the Authority, if any. The retirement adviser shall ensure that the fee charged to the subscribers is fair and reasonable. ### 7. Conflicts of interest. - A retirement adviser shall try to avoid conflicts of interest as far as possible and when they cannot be avoided, it shall ensure that appropriate disclosures are made to the prospects and that the prospects are fairly treated. ### 8. Compliance. - A retirement adviser including its representative(s) shall comply with all regulatory requirements applicable to the conduct of its business activities so as to promote the best interests of subscribers and maintain integrity in its dealings. ### 9. Responsibility of senior management. - The senior management of a body corporate which is registered as retirement adviser shall bear the primary responsibility for ensuring the maintenance of appropriate standards of conduct and adherence to proper procedures by the body corporate. A retirement adviser shall place the interest of the subscriber over his self interest in conducting his activities under the National Pension System A retirement adviser shall refrain from making any derogatory, disparaging remarks or statements against the National Pension system or the Authority or other intermediaries. Forth Schedule | | | --- | | Individual Risk Profiling Sheet | | Name | \_\_\_\_\_\_\_\_\_\_\_ | Gender | M / F | Age:\_\_\_\_\_\_\_\_\_\_\_ | | Education: | SSC | HSC | Graduate | Masters Professionals (CA, CS, CMA etc.) | | Profession | Salaried(Govt/Pvt.) | Professional/Self employed | Agriculture | No. ofDependents \_\_\_\_\_\_\_\_\_\_\_ | | Personal Life Insurance | Y/N | If Y, Amountof Overage | \_\_\_\_\_\_\_ | | | Personal Health Insurancefor Self and Dependents | Y/N | If Y, Amountof Coverage | \_\_\_\_\_\_\_ | | | City/Place of Residence: | \_\_\_\_\_\_\_\_\_\_\_ | Residence: | Owned/ Rented | | | Income Details per annum | 0-5 Lakh | 5-10 Lakh | 10-25 Lakh | 25 Lakh or above | | Take Home Salary permonth (in Rs.) | \_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | --- | --- | | Approx. Monthly Expenditure per month (in Rs.) | Rent \_\_\_\_\_ Food \_\_\_\_\_\_ Education \_\_\_\_\_\_ Health\_\_\_\_\_\_\_\_ EMIs \_\_\_\_ Miscl.\_\_\_\_\_\_ | | Monthly Investment Details (In Rs.) | MFs/SIPs \_\_\_\_\_\_Bank Deposit/ FD/ RD\_\_\_\_\_\_\_ Shares/ Equity/ Bonds/ Debentures \_\_\_\_\_ | | Asset Details (value in Lakh) | House \_\_\_\_\_ Car \_\_\_\_\_\_\_ Land \_\_\_\_ Gold, Jewellery, Bank Deposits etc. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Liabiilty Details (value in Lakh) | House \_\_\_\_\_ Car \_\_\_\_\_\_\_ Personal Loan \_\_\_ Education Loan\_\_\_\_\_ Miscl. \_\_\_\_\_\_\_ | | Individual Risk | | Profiling | | On a scale of 1 to 5 kindly rate the following statements | | 1- Strongly Disagree; 2- Disagree; 3- No strong opinion/ Neutral view; 4- Agree; 5- Strongly Agree | | | | | | | | | --- | --- | --- | --- | --- | --- | | a. For investments I follow the dictum" Be Safe than Sorry" | 1 | 2 | 3 | 4 | 5 | | „„ b. I find investment and other financial matters easy to understand. | 1 | 2 | 3 | 4 | 5 | | c. My retirement savings would be enough to take care of post retiral expenses. | 1 | 2 | 3 | 4 | 5 | | d. Investments in equity are safe. | 1 | 2 | 3 | 4 | 5 | | e. I am concerned by the uncertaininty of the stock market. | 1 | 2 | 3 | 4 | 5 | | f. Investments in Government Securities are safe | 1 | 2 | 3 | 4 | 5 | | „g. I prefer the safety of keeping my money in the bank. | 1 | 2 | 3 | 4 | 5 | | h. Risk and Return go hand in hand. | 1 | 2 | 3 | 4 | 5 | | i. Inflation is going to be high in future. | 1 | 2 | 3 | 4 | 5 | | j. High inflation is going to eat into my retirement savings. | 1 | 2 | 3 | 4 | 5 | | k. I would need to supplement my retirement income by working post my reitirement. | 1 | 2 | 3 | 4 | 5 | | l. Investments in Corporate Bonds are safe. | 1 | 2 | 3 | 4 | 5 | | m. I generally look at the safest investments, even if it means less returns | 1 | 2 | 3 | 4 | 5 | | „n. I associate the word ‘risk’ with the idea of ‘opportunity’. | 1 | 2 | 3 | 4 | 5 | | Deceleration: I hereby declare that I have willingly provided the abovementioned information to the Retirement Adviser. However, the said information is confidential and for the purpose of estimating the Individual Investment Risk Profile only. It should not be utilized for any other purpose or study without my express permission and/or consent. SubscriberSignature Signature & StampRetirement Adviser |
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State of Rajasthan - Act -------------------------- The Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas, (X X X) and Establishment of Petrol Pumps or Medical Facilities) Rules, 1978 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RAJASTHAN India The Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas, (X X X) and Establishment of Petrol Pumps or Medical Facilities) Rules, 1978 ===================================================================================================================================================================================================== Rule THE-RAJASTHAN-LAND-REVENUE-ALLOTMENT-CONVERSION-AND-REGULARISATION-OF-AGRICULTURAL-LAND-FOR-CONSTRUCTION-OF-CINEMAS-X-X-X-AND-ESTABLISHMENT-OF-PETROL-PUMPS-OR-MEDICAL-FACILITIES-RULES-1978 of 1978 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 26 October 1978 * Commenced on 26 October 1978 The Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas, (X X X) and Establishment of Petrol Pumps or Medical Facilities) Rules, 1978 Published vide Notification G.S.R. 51, Dated 26-10-1978; published in Rajasthan Gazette Extraordinary Part 4(Ga) (1), Dated 26-10-78, page 265 In exercise of the powers conferred by clause (XI-A) of sub section (2) of Section 261, read with Section 90-A, 102 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956 ) and all other powers enabling it in this behalf, the State Government hereby makes the following rules for Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and for Establishment of Petrol Pumps, namely- ### 1. Short title, extent and commencement. (1) These rules may be called the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and for Establishment of Petrol Pumps or [(Medical Facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] ) Rules, 1978. (2) They shall come into force on the date of their publication in the Rajasthan Rajpatra. ### 2. Definitions. - In these rules, unless the context otherwise requires- (a) 'Act' means the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956 ): (b) 'Cinema' means the entire area licensed for cinematographic exhibitions and includes all appurtenances, plants and apparatus located thereon: Inserted by Notification No. G.S.R. 6, dated 18.4.2006 (w.e.f. 26.10.1978).[(bb) 'Chief Controller means the Chief Controller of explosive appointed under the Explosive Rules, 1983 made under the Explosive Rules, 1983 made under the (c) 'Form' means a form appended to these rules: (d) 'Government' and 'State' respectively means the Government and the State of Rajasthan: (e) 'Hotel' means a building or a part of a building where lodging with or without board or other service is by way of business, provided for a monetary consideration: (ee) [ 'Medical facilities' means Hospitals, Diagnostic centres and Nursing Homes as approved by the Government in the Medical and Health Department for rural area excluding charitable medical institutions.] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] (f) 'National value' shall mean and include conversion charges as may be prescribed and penalty in cases of regularisation, plus the cost of land m case of encroachment on Government agricultural land: (g) "Periphery village" means a village situated within a distance of half a mile of the boundary of a municipal area: and (h) 'Petrol pump' means the place where petroleum, diesel, crude oil and any other oil and products being used in automobiles are kept for sale and includes a service station and such constructions as may be necessary. (i) [ x x x] [G.S.R. 55, Dated 26-8-1998; published in Rajasthan Gazette Part 4-C(I) , 4-9-98, page 167(2).] (2) Words and expressions, not defined in these rules but defined in the Art, shall, wherever used in these rules, be constructed to have the meaning assigned to them in the Act. ### 3. Scope of the rules. - These rules shall govern- (a) the allotment of unoccupied Government land for construction of a Cinema [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for the establishment of a petrol pump, and (b) the conversion and regularisation of land and person for the purpose of construction of a Cinema [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for establishment of a petrol pump. ### 4. Agricultural Land of which Conversion cannot be made or Regularised. - Conversion or regularisation of the following land shall not be made or regularised, namely- (1) Land to which the applicant does not have any legal right. (2) Land which is allotted for a special purpose or on special terms under the- (a) Rajasthan Land Revenue (Allotment and Conversion of Land for the Construction of Seed Stores) Rules, 1965. (b) Rajasthan Land Revenue (Allotment of Land for Receptacles) Rules, 1961. (c) Rajasthan Land Revenue (Allotment of land to Co-operative Societies) Rules, 1959. (d) Rajasthan Land Revenue (Allotment of Land to Dairy and Poultry Farms) Rules, 1968. (e) Rajasthan Land Revenue (Allotment of Land to Gaushalas) Rules, 1957. (f) Rajasthan Land Revenue (Allotment of Tank Bed Lands for Cultivation) Rules, 1961. (3) Land in respect of which acquisition proceedings are pending under the provisions of the [Land Acquisition Act, 1894 (Central Act of 1894)] [G.S.R. 55, Dated 26-8-1998; published in Rajasthan Gazette Part 4-C(I) , 4-9-98, page 167(2).] or any other law for the time being in force. (4) Land which is situated within one hundred and twenty feet of a railway boundary of the National highway. (5) Land which is situated within ten feet of any road maintained by the Government or local authority. (6) Land which is situated within a radius of 5 kilometres of Bhakra and Rajasthan Canal Mandi unless prior consent of the Mandi Development Committee has been obtained. ### 5. Classes of land which may be allotted. - Land for the cons; ruction of cinema [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or establishment of a petrol pump [or medical facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] may be allotted by way of lease out of the following categories of unoccupied Government land namely- (a) Unculturable Land classified as Gair mumkin' or 'Ujar': Provided that the land used as cremation ground or burial ground, grazing grounds or pasture land and the 'pal' or embankment of a tank the water of which is used by the village cattle, even though classified as unculturable shall not be allotted; (b) Where suitable land classified as unculturable is not available, culturable waste land or land classified as banjar: (c) Where land of the categories mentioned in the preceding clauses are not, available, the lowest class of barani land available. Provided that no irrigated land classed as chahi, nahri, or talabi shall be allotted in any case, except with the permission of the State Government. ### 6. Application for permission. (1) Subject to rule 4, if any person having if legal right to an agricultural land, intends to construct a Cinema house, or a Hotel or to establish a petrol pump thereon or if any person who had trespassed upon Government agricultural land, and has utilised such land for the construction of a cinema or a hotel, or for establishment of a petrol pump, wants to acquire [x x x] [G.S.R. 35, Dated 29-6-1981; published in Rajasthan Gazette Extraordinary Part 4-C(I) , Dated 2-7-81, page 80.] lease rights in the land so used for construction of a cinema or a hotel, or for establishment of a Petrol pump, he may submit an application in writing in Form 'A' to the Collector of the District in which the said agricultural land is situated. (2) Such an application shall be verified by the applicant as a plaint according to the provisions of the Code of Civil Procedure, 1908. (3) A receipt shall be given in respect of such application bearing time and date of receiving the same. ### 6A. Register of Applications. - All applications received under rule 5 shall be entered in A Register to be kept in Form 'B'. ### 7. Scrutiny and Enquiry of applications. (1) Within om month of the receipt of application, it shall be scrutinised and enquired into by the Collector or any other officer authorised by the State Government. the Collector or any other officer so authorised may, if he thinks proper refer any application for advice to the Chief Town Planner, Rajasthan or any of the authorities mentioned in Schedule 11 (2) On receipt of the reference, the Chief Town Planner of the authorities mentioned in the Schedule II shall give advice within one month recommending the case for permission or giving reasons for its rejection. Of such advice is not given within one month, the Collector or any other officer so authorised the proceed further in the matter, without waiting for such advice, and it may be presumed that t lie Chief Town Planner or the authorities concerned have no objection to such permission. (3) Upon receipt of advice from the Chief Town Planner or the authorities mentioned in the Schedule II or after the expire of one month from the date of reference, the Collector shall after making such further enquiries regarding the suitability of the land arid such other matters as he may deem fit. pass necessary orders either granting or rejecting the application. In case of rejection he shall record his reasons for the same. ### 8. Disposal of applications. - All applications submitted to the Collector under rule 5 shall be examined and enquired into by him separately. ### 9. Conditions of allotment, conversion and regularisation. - Allotment, conversion and regularisation of agricultural land for construction of a Cinema or a Hotel or for establishment of a Petrol Pump under these rules shall be subject to following conditions:- (1) The applicant shall pay to the State Government such lease rent as is hereinafter prescribed. (2) [ In all cases in which a holder of private agricultural land applies for conversion and use of his land under these rules, the land holder shall have to surrender his tenancy rights in respect of such land in order to obtain lease hold rights. If the land can be leased to him under these rules, in that case shall be required to pay the prescribed lease rent. Such conversion of the land will be with the stipulation that he shall have the right to revert to the original use of the land at any subsequent stage and on reversion of the land to it original status and use, the tenancy rights of the land holder shall be the same as were at time of conversion. No refund or compensation shall be admissible to him on this account.] [G.S.R. 35, Dated 29-6-1981; published in Rajasthan Gazette Extraordinary Part 4-C(I) , Dated 2-7-81, page 80.] (3) The land use as shown in the Master Plan shall be taken into consideration for the town for which Master Plans have not been finalised and in case of other towns for which Master Plans have not been finalised, opinion of the local authority and the Chief Town Planner or his representative shall be obtained. (4) The requirements of land for different types/categories of Hotels in different categories of town shall be determined by the Chief Town Planner. (5) In case there are more than one applicant for Government land, allotment shall be made by auction to the highest bidder. [6)(i) Lease rent of periphery villages shall be half of the rates prescribed for adjoining town, [G.S.R. 35, Dated 29-6-1981; published in Rajasthan Gazette Extraordinary Part 4-C(I) , Dated 2-7-81, page 80.] (ii) the rates of lease rent for rural areas not included in clause (i) above shall be half of the rates prescribed for towns in category III in sub rule (8).] (7) For conversion of private agricultural lands for Cinemas, [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and Petrol Pumps. Towns shall be divided in three categories according to that population and importance as specified in Schedule I. (8) [] [G.S.R. 5, Dated 15-10-1987; published in Rajasthan Gazette Part 4-C(I) , Dated 19-5-88, page 15.] [(a) The lease rent chargeable for a standard size plot of 4,000 sq. yards of agricultural land for Cinemas shall be as under- [Substituted by Notification No. G.S.R. 10, dated 25.5.2016 (w.e.f. 26.10.1978).] | | | | | --- | --- | --- | | (i) | For towns in Category No. I | Rs. 5000./-P.M. | | (ii) | For towns in Category No. II | Rs. 2500/-P.M. | | (iii) | For towns in Category No. III | Rs. 1200/-P.M. | (b) The lease rent for a standard size plot of 1200 sq. yards of agricultural land for Petrol Pump Explosive Magazine shall be as under- | | | | | --- | --- | --- | | (i) | For towns in Category No.I | Rs. 1000/-P.M | | (ii) | For towns in Category No.II | Rs. 600/-P.M | | (iii) | For towns in Category No.III | Rs. 400/-P.M] | (c) Where the size of a plot is smaller or larger than the standard size as prescribed in clause (a) or (b) the rate shall be proportionately increased or decreased]. (d) [ No lease rent shall be charged for conversion of private agricultural land for purpose of establishing a medical facility in rural area defined in the Rajasthan Land Revenue (Con. of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 1992 of following categories: [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] Category A - Institutions willing to set up speciality hospitals in specialities approved by the Government excluding charitable medical institutions. Category B - Nursing homes, hospitals, diagnostic centre-, clinics and dispensaries run on commercial lines and not covered by above category A' but excluding charitable medical institutions.] (9) For Government agricultural land in addition to the [lease rent] [G.S.R. 35, Dated 29-6-1981; published in Rajasthan Gazette Extraordinary Part 4-C(I) , Dated 2-7-81, page 80.] at the above rates the price of the land shall also be charged from the lessee which shall be based on the sale price of agricultural land in the neighbourhood: [Provided that only half the price of land shall be charged for land allotted for a medical facility of category 'A' as mentioned in condition No. 8.] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] (10) In case of Agricultural lands under the control of Public Works Department prevailing price of neighbouring residential land shall be charged and if such area is a part of the Urban Improvement Trust Scheme, then the reserve price of residential land as may be fixed by the Urban Improvement Trust shall be charged. (11) The [lease rent] [G.S.R. 35, Dated 29-6-1981; published in Rajasthan Gazette Extraordinary Part 4-C(I) , Dated 2-7-81, page 80.] shall apply to all conversions effected during the period starting from 16th December. 1960. The amount already paid as premium shall be adjusted against the total amount payable. (12) All constructions on land so converted may be regularised under these rules, provided they conform to the by-laws of Urban Improvement Trust, Local Authorities or any other authority having jurisdiction to deal with particular type of construction. (13) With effect from the date of conversion of the land all Khatedari right-title and interest in the land under the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955 ) shall be deemed to have been surrendered to the State Government and no land revenue on such land shall be payable. The applicant shall have to execute a lease deed in Form 'C' in favour of the Government and thereafter he shall be recognised as lessee of the State Government. (14) The lessee shall be given land on 20 years' lease subject to the condition that the terms and conditions of the lease may be renewed by tic State Government subject to the raising of the amount of [lease rent] [G.S.R. 32, Dated 5-6-1984; published in Rajasthan Gazette Part 4-C(I) , Dated 5-7-84, page 113.] upto 50% on every such renewal for 20 years. The lease agreement shall be in Form 'C'. (15) [ Once the land has been utilized for the purpose for which it was allotted, the lessee may, with the permission of the Allotting Authority transfer his right or interest in the whole land, so leased out, on the following conditions:- [Added by Rajasthan Notification No. G.S.R. 66, dated 7.9.2017 (w.e.f. 26.10.1978).] (a) in case of government land allotted under these rules, he shall pay 50% of prevailing market price of land after deducting allotment price charged under condition number (5) or (9), as the case may be and transferee shall pay 50% of excess amount or yearly lease rent mentioned in condition number (8) and other conditions of the lease shall remain uncharged; and (b) in case of converted Khatedari land allotted under these rules, the transferee shall pay 50% excess amount of yearly lease rent mentioned in condition number (8) and other conditions of the lease shall remain unchanged.] ### 9A. Special provision for establishment of Resort of Country Hotel. - Save as otherwise provided in these rules the following special provisions for establishment of Resort or Country Hotels shall be applicable (1) Facilities and Services - Guest rooms with boarding, lodging and other ancillary facilities including a licensed bar and other services as are normally provided in hotels according to star ratings, shall be provided. The following facilities shall also be provided namely- (a) facilities for at least two standard outdoor games which may include horse or camel or elephant rides and boating: (b) facilities for at least three standard indoor games: and (c) land scapped open areas which would include parks, wood lots, summer houses, walkways and shady trees. The following additional facilities would be desirable, but would be optional- (i) Swimming pool, (ii) Natural or Artificial Lake, (iii) Mini-Golf Course, (iv) Mini-Cinema, (v) Mini-Theatre. (vi) Shooting Range, (vii) Health Club. (viii) Skating Ring, and (ix) Polo Ground (2) Application for allotment, Conversion or lease of land, its scrutiny and disposal. - Applications for the allotment or conversion or lease of land to construct a Resort or Country Hotel shall be submitted, scrutinised, dealt with and disposed of mutatis mutandis in the manner prescribed in these rules- Provided, however, that- (i) While scrutinising the applications, the Collector shall satisfy himself that applicant is in a position to execute the project, specially keeping in view his financial status and business experience, and shall also consult the Town Planning Department of the State Government in regard to the plans and lay out submitted by the applicants for the Report or Country Hotels. However, if the views of the Town Planning Department are not received within six weeks from the date of making the reference, it will be presumed that it has no objection and the application shall be processed accordingly. (ii) All applications under rule 9-A shall after scrutiny, be referred to the State Government to the Revenue Department for final decision. (3) Conditions for allotment and conversions - The allotment and conversion of agricultural land for the construction of a Resort of Country Hotel shall be subject to the following conditions- (A) The applicant shall pay to the State Government premium lease rent as under- (i) For land required for the main hotel/building according to the existing provisions of lease rules: (i) if the land is situated in an urban area, the provisions of the Rajasthan Land Revenue (Allotment. Conversion and Regularisation of Agricultural Land for Residential or Commercial Purpose in Urban Areas) Rules, 1981 shall apply, and (ii) if the land is situated in a rural area, the provisions of the Rajasthan Land Revenue (Conversion and Agricultural Land for Residential or Commercial Purposes in Rural Areas) Rules, 1971 shall apply. (ii) For the land required for the cottages- Explanation. - (A) For the purposes of application of the above mentioned rules, the land attached to the cottage shall be deemed to have been used for a commercial purposes, and the area of the land appurtenant to each cottage shall be reckoned to be equal to twice the plinth area of the cottage. (B) If a mini cinema or auditorium or a skating rink is established, the provisions of these rules, as applicable to cinemas, shall apply. (C) For the open spaces, parks, lakes, swimming pool, mini-golf course, polo ground, open air theatre, woodlots, walkways, riding paths, shooting ranges, playing fields including tennis or badminton courts, on which no permanent building is constructed, the provision of the Rajasthan Industrial Area Allotment Rules. 1959 for Government Lands, or the Rajasthan Land Revenue Conversion of Agricultural into Non-Agricultural Land) Rules, 1961 for private land, as the case may lie shall apply. (D) The maximum period allowed for the commencement of work for a Resort or Country Hotel shall be six months, and for its completion three years unless further extended by the State Government. The period shall he reckoned from the date on which permission is granted. Till the completion of the project, six monthly progress reports shall have to be submitted by the applicant to the Collector of the district, if the work is not commenced or completed within the prescribed time limits or as the case may be, within the extended period, the permission shall be deemed to have been withdrawn and the lease revoked without payment of any compensation, and the premium, conversion and other charges paid to the Government shall stand forfeited. (4) No Resort of Country Hotel shall be allowed to be established in cities which are within the purview of the Urban Land (Ceiling raid Regulation) Act, 1976 (Central Act No. 33 of 1976), unless an exemption is granted by the State Government under the provisions of that Act.] ### 10. Breach of conditions and Rules. (1) If at any time it is found by the State Government that the land regularised, converted or used for a Cinema or Hotel or Petrol Pump has been put to use for a purpose other than the use for which it was leased, the entire construction shall automatically vest in the State Government without payment of compensation. (2) If at any time, it is found by the State Government that the land so used or regularised has been transferred in contravention of these rules, it may be resumed by the State Government. The lessee shall however, be given three months, time to remove the structure or building erected, if any, on the land. (3) In case of breach of any other conditions or rules by the lessee a penalty upto the amount of lessee rent payable for a period of twelve months may be imposed on him by the Collector. (4) No action under sub-rules (1), (2) and (3) shall be taken unless the lessee is given a reasonable opportunity of being heard. ### 11. Powers of the State Government. (1) Notwithstanding anything contained in these rules, the State Government either on its own motion or on the application of any person, shall have the power to call for the record of any case and pass such orders as it deems fit., after giving the parties concerned an opportunity of being heard. (2) Notwithstanding anything contained in these rules, and subject to the provisions of section 102 and 90-A of the Act, the State Government shall have powers to allot convert or regularise the use of agricultural land for construction of a Cinema [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for establishment of a petrol pump [or medical facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary part IV-G(I) , Dated 27-8-96, page 105(3).] on any terms as it deems fit. ### 12. Repeal and Savings. - The Rajasthan Land Revenue (Allotment and Conversion of Agricultural Land for Establishment of Petrol Pump) Rules, 1973, as amended from time to time, are hereby repealed: Provided that the repeal shall not effect any order made, action taken, effects and consequences of anything done or suffered thereunder or any right, title, privilege, obligations or liability already acquired accrued or incurred thereunder, or enquiry, verification, or proceedings in respect thereof made. I --- (See Rule 9) Categorisation of Municipal Towns for Conversion and Regularisation of Land for Establishment of Petrol Pump and Cinemas/Hotels Category No. I ### 1. Jaipur 2. Kota 3. Shri Ganganagar Category No. II ### 1. Ajmer 2. Udaipur 3. Jodhpur 4. Bhilwara 5. Beawar 6. Alwar 7. Bikaner 8. Churu 9. Tonk 10. Pali 11. Kishangarh 12. Hanumangarh 13. Gangapur City 14. Bundi 15. Baran 16. Suratgarh 17. Sikar 18. Chittorgarh 19. Jhunjhunu 20. Hindaun 21. Sirohi 22. Kherli 23. Mt. Abu 24. Churu 25. Dausa 26. Ramganj Mandi. Category No. III ### 1. Bamer 2. Banswara 3. Ratangarh 4. Sujangarli 5. Sardarsl.ahar 6. Dholpur 7. Bandikui 8. Pratapgarh 9. Dungarpur 10. Jhalavar 11. Phulera 12. Nawalgarh 13. Nagaur 14. Ladnun 15. Jalore 16. Sawai Madhopur 17. Niwai 18. Karauli 19. Fatehpur 20. Jaiselmer 21. Deed-wana 22. Kuchaman City 23. Balotra 24. Merta City 25. Sangria 26 Anupgarh 27. Nath war a 28. Sojat 29. Sambhar 30. Khetri 31. Amer 32. Sangan. r 33. Gangashahar 34. N6kha 35. Nohar 36. Raisinglmagar 37. Shri Karanpur 38. Makrana 39. Gajsinghpur 40. Kekri 41. Pushkar 42. Shahpina 43. Bayana 44. Bari 45. Deeg 46. Kaman 47. Laklieri 48. Nimbahera 49. Dungargarh 50. Rajgarh 51. Chaksu 52. Chirawa 53. Phalodi 54. Pipar 55. Khairthal 56. Rajgarh 57. Tijara 58. Gangapur 59. Laxmangarh 60. Ramgarh 61. Bhadra 62. Kotaputli 63. Pilani 64. Bali 65. Neem ka Thana 66. Shri Madhopur 67. Pindwara 68. Abn Road 69. Malpura 70. Sarwar 71. Kuslialgarh 72. Manasar 73. Deshnok 74. Jaliaj-pur 75. Chliapar 76. Bidasar 77. Rajaldesar 78. Ratan Nagar 79. Tara Nagar 80. Shardulshahar 81. Sagwara 82. Jobner 83. Jhalra Patan 84. Snnel 85. Bissau 86. Bagar 87. Mandawa 88. Mukandgarh 89. Sujangarh 90. Udaipurwati 91. Vidva Vihar 92. Chhabra 93. Indragarh 94. Nawan 95. Parbatsar 96. Bhinmal 97. Toda Bheem 98. Khandela 99. Pokaran 100. Todaraisingh 101. Deoli 102. Uniara 103. Devgarh 104. Rajsamand 105. Salumhar 106. Bhindar All other unclassified municipal towns, notified areas and cantonment boards. II ---- (See Rule 7) Authorities to whom cases may be referred under rule 7 of the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and for Establishment of Petrol Pumps [or medical facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] ) Rules, 1978. | | | | | --- | --- | --- | | | Towns | Authorities | | 1 | Towns falling in categories No.1 and 2 of Schedule 1. | Chief Town Planner or any officer nominated by him but not below the rank of Deputy Chief Town Planner, Urban Improvement Trust [or Jaipur Development Authority] Mandi Committee or Municipality concerned or the Notified Area Committee. | | 2 | Towns falling in category No. III and periphery villages of towns falling in categories No. 1, 2 & 3 of Schedule I. | Concerned Municipality | Form 'A' (See Rule 5) Applications for allotment of Unoccupied Government Land for Construction of a Cinema, [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or Establishment of Petrol Pump [or medical facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] To The Collector. District....... Sir, I hereby apply under section 90-A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No, 15 of 1956) read with Rule 5 of the Rajasthan Land Revenue (Allotment. Conversion and Regularisation of Agricultural Land or Construction of a Cinema, [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for Establishment of Petrol Pump [or medical facilities] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] ) Rules, 1978 for allotment of unoccupied Government agricultural land, particulars whereof are give hereunder for construction of a Cinema. [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for establishment of a Petrol Pump or medical facilities. ### 2. The required particulars are given below- (i) Name of the applicant with parentage and address................. (ii) Particulars of Land............... (a) Name of village/town with name of Tehsil............... (b) Khasra No............. (c) Area.................. (d) Soil Class............ (e) Means of irrigation, if any, with details.............. ### 3. I undertake the abide by the provisions of the Rajasthan Land Revenue (Allotment. Conversion and Regularisation of Agricultural Land for Construction of a Cinema. [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for Establishment of Petrol Pump [or medical facilities) Rules, 1978.] [G.S.R. 52, Dated 20-8-1996; published in Rajasthan Gazette Extraordinary Part 4-G(I) , Dated 27-8-96, page 105(3).] I hereby certify that the information given above is correct according to my knowledge and belief and I hereby bind myself to pay the necessary premium and abide by the conditions on which the land is allotted for construction of a Cinema [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] or for establishment of the Petrol Pump or medical facilities. | | | | | --- | --- | --- | | Witness.............................. | Date............................... | Signature of the Applicant | Form 'B' (See Rule 6) Register of Applications for Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and for establishment of Petrol Pumps or medical facilities. Tehsil...... District.. | | | | | --- | --- | --- | | Serial No. | Name of applicant with Parentage, residence, occupation and age | Date and time of receipt of applicant | | 1 | | 2 | | | | 3 | | | | | | | | | | | | | | | | | | Particulars of the land | FinalOrders | Remarks | | Khasra No. | Khevat No. | Area | Soil Classification | Revenue or Rent | | 4 | 5 | 6 | 7 | 8 | 9 | 10 | Form 'C' (See Rule 9) Lease Deed This lease made on the...............day of..............between the Governor of the State of Rajasthan (hereinafter called the Lessor' which expression shall unless excluded by subject or context, include Ins successors in office and permitted assigns) of the one Part and Shri............... son of Shri...................Resident of...........Tehsil.............District..............(hereinafter called the Lessee', which expression shall, unless excluded by subject or context include his successors and assigns) of the other part: Whereas the Lessee has applied to the Lessor of the said land to the Lessee for 20 years on the terms and conditions hereinafter appearing. Now This Deed Witnesses As Follows: - ### 1. In pursuance of the aforesaid agreement and in consideration of a sum of Rs (Rupees only) as premium paid before the execution of this deed (the receipt of which sum the Lessor hereby acknowledges) and of the covenants hereinafter contained, the Lessor demises to the lessee the Land detailed and described in the schedule hereto and for greater clearness delineated on the plan annexed hereto and thereon shown with its boundaries coloured in red (hereinafter referred to as the demised land) to hold the same upto the Lessee from the day of.......fora period of 20 years. ### 2. The parties hereto mutually agree as follows- ### 1. That the Lessee will during the continuance of this lease, pay all rates, taxes and charges of every description now payable or hereinafter to become payable in respect of the demise land or the bulking erected thereupon by the Lessee. ### 2. The terms and conditions of the Lease may be returned and revised by the State Government after 20 years. ### 3. The lease shall be subject to the provisions contained in the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinemas [x x x] [No. F. 6(63) Revenue/4/75/15, Dated 8-5-1997.] and for Establishment of Petrol Pumps or Medical Facilities) Rules, 1978. ### 4. That the Lease will not without the previous Consent in writing of the Lessor use or permit the use of demised land for any purpose other than that for which it is leased out. ### 5. That the renewal of lessee after the expiry of the said term of 20 years shall be at the option of the Lessee. ### 6. That if at any time any dispute, doubt or question shall arise between the parties hereto touching the interpretation, meaning or effect of this deed or any clause thereof or their respective rights and liabilities hereunder, the same shall be referred to the arbitration of the Revenue Secretary to the Government of Rajasthan. Jaipur whose decision thereon shall be final and binding on the parties. In witness the parties have signed this deed in the day and year first written. For and on behalf of the Governor Signed by the Lessee Witness:(1) .......... (2) ..........
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State of Rajasthan - Act -------------------------- The (Rajasthan) Garden Ground Rules, 1961 ------------------------------------------- RAJASTHAN India The (Rajasthan) Garden Ground Rules, 1961 =========================================== Rule THE-RAJASTHAN-GARDEN-GROUND-RULES-1961 of 1961 ----------------------------------------------------- * Published on 23 October 1981 * Commenced on 23 October 1981 The (Rajasthan) Garden Ground Rules, 1961 Published vide Notification No. F.4(2) PW/78, dated 23-10-1981, published in Rajasthan Gazette, Part 4-C, dated 17-12-81, page 376-377 G.S.R. 126. - The Governor of Rajasthan has been pleased to make the following rules for the use of Garden Ground in the Ram Niwas Garden by Jaipur Cricket Club and Football Club, Jaipur. ### 1. Short title and commencement. - These rules will be called the Garden Ground Rules, 1981. They shall come into force from the date of their publication in the Rajasthan Gazette. ### 2. Definition. - In these rules unless there is anything repugnant in the subject or context: (i) "Ground" means garden ground in Ram Niwas Garden, Jaipur. (ii) "Superintendent Gardens" means Superintendent Garden, Jaipur. (iii) "Club" means Union Foot Ball Club. Jaipur, Jaipur Cricket Club, Jaipur. ### 3. The Club shall use the ground with the prior permission of the Garden Superintendent on terms and conditions mentioned in the foregoing rules. ### 4. The Ground will remain open whole day for J.C.C. except from 5.30 P.M. to 7.30 P.M. in Summer and 4.30 P.M. to 6.30 P.M. in the winter, during which period it will be utilised by the Foot Ball Club. ### 5. The Foot Ball Club and J.C.C. are required to deposit a rental charges of Rs. 50/- and Rs. 100- respectively every month in advance. In case any of the above mentioned club fails to remit the monthly rental charges in time, it shall be presumed by the Supdt. Garden, without giving any notice to the defaulter club, that the ground is not required by them. ### 6. Supdt. Garden shall be the incharge of the ground. He shall be responsible for the maintenance of the ground. ### 7. When the ground is required for exhibition etc. by any commercial organisation, a rent of Rs. 250/-per day shall be charged and a sum of Rs. 1000/- shall be charged in advance towards the security money. Such security money may be adjusted to cover the charges in case of damages etc. that may be caused to the ground and its premises. During this period ground will remain close for others. This reservation shall be done by the Supdt. Garden, Jaipur: Provided that if such exhibition is organised for any philanthropic purposes than a concession up to 50% of rental charges shall be allowed if applied for. ### 8. Parties in whose favour reservation is granted shall be allowed to install their own ornamental lights and shall be allowed to light them from their own temporary connection/s to be taken at their own expenses from the R.S.E.B. authorities. ### 9. The club members and visitors during their stay are not allowed to use foul or offensive language or behave or action in manner contrary to public decency or likely to cause breach of peace. Plucking of flowers or fruits from any plant or tree or damaging thereof is strictly forbidden. Defaulter shall render himself liable to fine at the discretion of the Superintendent Garden. ### 10. The incharge of the ground has been authorised to restrain the visitors from holding any act referred to above and remove the offenders from the ground without returning them their entrance and other fees. ### 11. The club/visitors shall have to pay for the cost of damages and breakages etc., they should enter all damages and breakages as have occurred during the period of their visit in the "Visitor Book" kept at the ground and make payment of the costs as assessed by the Supdt. Garden. ### 12. The Club members and other, shall be governed by the provisions of the Public Park Act, 1956 and Public Parks Rules. 1969. In case of violation of any of the rules, the Superintendent Gardens is authorised to impose a maximum penalty of Rs. 50/- on the defaulter at their discretion. ### 13. Procedure for the receipt of money etc. shall be followed as laid down in the G.F. & A.R. ### 14. The club shall use the ground for the practice of Foot Ball and Cricket Games and not for tournament etc. ### 15. The nature and character of the relationship between the Club/other parties and Government shall be as a party and the owner of the ground respectively.
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State of Assam - Act ---------------------- Good Conduct Prisoners' Probational Release Act, 1938 ------------------------------------------------------- ASSAM India Good Conduct Prisoners' Probational Release Act, 1938 ======================================================= Act 2 of 1938 --------------- * Published on 21 September 1938 * Commenced on 21 September 1938 Good Conduct Prisoners' Probational Release Act, 1938 Assam Act 2 of 1938 Last Updated 12th February, 2020 Published in the Assam Gazette of the 21st September, 1938. An Act to provide for the release of good conduct prisoners on conditions imposed by the State Government Preamble. - Where as it is expedient to provide for the conditional release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced ; It is hereby enacted as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Good Conduct Prisoners' Probational Release Act, 1938. (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State Government may, by publication in the Assam Gazette, specify in this behalf. ### 2. Power of Government to release by licence on conditions imposed by it. (1) Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the State Government from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead a useful and industrious life, if he is released from prison, the State Government may by licence permit him to released on conditions- (a) that he be placed under the supervision or authority of a servant of the Government or a secular institution or of a person, or society professing the same religion as the prisoner, named in the licence and wiling to take charge of him ; and (b) that the gives an undertaking in writing to conform to the terms of his licence. Explanation. - The expression "sentence of imprisonment" in the section shall in case of person under 21 years of age, includes imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure, 1898. (2) The State Government may grant leave by a licence to a person who has been confined in prison under a sentence of imprisonment for such period as may be specified in the licence and for such purposes as may be prescribed by rules made under this act, on being satisfied, after taking into consideration his antecedents, conduct in prison, nature, of the offence and the manner in which he committed it, that he is released from prison, not likely to commit a crime within the period of the leave. ### 3. Period for which licence is to be in force. - A licence granted under the provisions of Section 2 shall be in force until the date on which the person released would, in the execution of the order or warrant authorising his imprisonment, have been discharged from prison, had he not been released on licence, or until the licence is revoked, whichever is sooner. ### 4. Period of release to be reckoned as imprisonment for computing period of sentence served. - The period during which a person is absent from prison under the provisions of this Act on a licence which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of his sentence. Explanation. - Any period of remission earned under existing rules while undergoing imprisonment shall be added to the period actually served in jail when computing the total period of prisoner's sentence. ### 5. Form of licence. - A licence granted under the provisions of Section 2 shall be in such form and all contain such conditions as the State Government may, by rules, or in special cases, orders made in this behalf, direct. ### 6. Power to revoke licence. (1) The State Government may, at any time, revoke a licence granted under the provisions of Section 2. (2) An order of revocation passed under the provisions of sub-Section (1) shall specify the date with effect from which the licence shall cease to be in force, and shall be served, in such manner as the State Government may by rule prescribe, upon the person whose licence has been revoked. (3) Notwithstanding anything contained in Section 4 of this Act released prisoner, whose licence is revoked for failure to comply with the terms of his licence shall be recommitted to prison and shall serve the unexpired term of the original sentence/and in case of such revocation he will not be granted any remission for the time during which he was out of prison on probation. ### 7. Power to make rules. - The State Government may make rules consistent with this Act- (1) for the form and conditions of licence on which prisoners may be released ; (2) for defining the powers and duties of servants of the Government, societies or persons under whose authority or supervision conditionally released prisoners may be kept; (3) for defining the classes of offenders who may conditionally released, and the periods of imprisonment after which they may be so released ; (4) generally for carrying into effect all the purposes of this Act. Adapted by the State of Meghalaya-This Act has been adapted in its application to the State of Meghalaya, vide Meghalaya Adaptation and Application of Laws Act, 1971, to come into effect on and from the 2nd April, 1970 and by Meghalaya Adaptation of Laws Order (No. 3), 1973, having come into force on and from the 21st day of January, 1972, whereby sub-Sections (2) and (3) of Section 1 of the original Act were omitted.
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Daman and Diu - Act --------------------- The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 -------------------------------------------------------------------------------------- DAMAN AND DIU India The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 ====================================================================================== Act 26 of 1981 ---------------- * Published in Gazette of India on 9 September 1981 * Not commenced An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, for the establishment of a permanent bench of that High Court at Panaji and for matters connected therewith. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:- ### 1. Short title and commencement.- (1) This Act may be called the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. (2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint. ### 2. Definitions.- In this Act, unless the context otherwise requires,- (a) "appointed day" means the date on which this Act comes into force; (b) "Court of the Judicial Commissioner" means the Court of the Judicial Commissioner for Goa, Daman and Diu. ### 3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.- (1) On and from the appointed day, the jurisdiction of the High Court at Bombay shall extend to the Union territory of Goa, Daman and Diu. (2) On and from the appointed day, the Court of the Judicial Commissioner shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon that Court. ### 4. Jurisdiction of Bombay High Court.- On and from the appointed day, the High Court at Bombay shall have, in respect of the territories included in the Union territory of Goa, Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the Court of the Judicial Commissioner. ### 5. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu.- The provisions of Chapter VI of Part VI of the Constitution shall apply to the High Court at Bombay in relation to the exercise of its jurisdiction to the Union territory of Goa, Daman and Diu, subject to the following exceptions and modifications, namely:- (a) the references in the said Chapter to "State" except where it occurs in the expression "Governor of the State" shall be construed as references to the Union territory of Goa, Daman and Diu; (b) in clause (1) of article 233 and in article 234, the references to the Governor of the State, and in article 237, the reference to the Governor, shall be construed as references to the Administrator of the Union territory of Goa, Daman and Diu; (c) the provisions of article 233A shall not apply; (d) in article 234, the reference to the State Public Service Commission shall be construed as a reference to the Union Public Service Commission. ### 6. Special provisions relating to advocates.- Subject to any rule made or direction given by the High Court at Bombay in this behalf, any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner shall be entitled to practise as an advocate in the High Court at Bombay. ### 7. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court.- (1) All proceedings pending in the Court of the Judicial Commissioner immediately before the appointed day shall stand transferred to the High Court at Bombay. (2) Every proceeding transferred under sub-section (1) shall be disposed of by the High Court at Bombay as if such proceeding were entertained by that High Court. (3) Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay. ### 8. Right to appear or act in proceedings transferred to the Bombay High Court.- Any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner and was authorised to appear or to act in any proceedings transferred from that Court under section 7, shall have the right to appear or to act, as the case may be, in the High Court at Bombay in relation to those proceedings. ### 9. Establishment of a permanent bench of Bombay High Court at Panaji.- On and from the appointed day, there shall be established a permanent bench of the High Court at Bombay at Panaji and such Judges of the High Court at Bombay, being not less than two in number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at Panaji in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the Union territory of Goa, Daman and Diu: Provided that the Chief Justice of that High Court may, in his discretion order that any case or class of cases arising in such territory shall be heard at Bombay. ### 10. Allocation of expenditure of the Bombay High Court.- The expenditure in respect of the High Court at Bombay, including the expenditure in respect of the salaries and allowances of the Judges, officers and servants of the High Court shall, as from the appointed day, be allocated between the State of Maharashtra and the Union in such proportion as the President may, by order, determine. ### 11. Rule of construction.- References in any law in force in the Union territory of Goa, Daman and Diu to the Court of the Judicial Commissioner shall, on and from the appointed day, be construed in relation to that territory as references to the High Court at Bombay. ### 12. [Amendment of Goa, Daman and Diu Act 16 of 1965].- Rep. by the Repealing and Amending Act, 1988 (19 of 1988) s.2 and the First Schedule (w.e.f. 31-3-1988). ### 13. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order notified in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. (2) 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. ### 14. Power to adapt laws.- For the purpose of facilitating the application of any law in relation to the Union territory of Goa, Daman and Diu, the Central Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.
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State of Maharashtra - Act ---------------------------- The Maharashtra Deletion of the term "famine" (from Laws applicable to the State) Act, 1963 --------------------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Deletion of the term "famine" (from Laws applicable to the State) Act, 1963 ============================================================================================= Act 40 of 1963 ---------------- * Published on 11 November 1963 * Commenced on 11 November 1963 The Maharashtra Deletion of the term "famine" (from Laws applicable to the State) Act, 1963 Maharashtra Act No. 40 of 1963 Statement of Objects and Reasons. - Since independence Government was always taking immediate and vigorous steps to check conditions of agricultural distress and started relief works to help people in scarcity affected areas, so that famine, as traditionally known, had become a thing of past. Accordingly the State Government had decided to use the term "scarcity" instead of "famine" and to amend appropriately the laws on the subject in their application to this State. [Dated 11th November, 1963] For Statement of Objects and Reasons, see Maharashtra Government Gazette 1963, Part V, p. 198. An Act to delete the term "famine" from all laws in the State of Maharashtra. Whereas the agricultural situation in the State is constantly watched by the State Government, and relief measures as warranted by the situation are provided as soon as signs of scarcity conditions are apparent, so that there is now no escape for famine conditions to develop : And Whereas the term "famine" in the Bombay State Famine Relief Fund Act, 1958 and other laws on the subject in their application to the State has now become obsolete, and requires therefore to be deleted therefrom; It is hereby enacted in the Fourteenth Year of the Republic of India as follows :- ### 1. Short title. - This Act may be called the Maharashtra Deletion of the Term "famine" (From Laws applicable to the State) Act, 1963. ### 2. Amendment of enactments, etc., for deletion of references to "famine". - From the commencement of this Act, in all enactments relating to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution of India, in their application to the State of Maharashtra (hereinafter referred to as "State laws"), and in all instruments and other documents, the word "famine" shall be deemed to have been deleted. ### 3. Amendments to Bombay LXXXIII of 1958 and power to adapt other State laws by notification. (1) The enactment specified in column 1 of the Schedule is hereby amended in the manner, and to the extent, shown in column 2 thereof. (2) Before the expiration of one year from the commencement of this Act, the State Government may, by notification in the Official Gazette, delete the word "famine" from any State law and where the context requires, substitute for the word "famine" the word "scarcity" and make such consequential amendments as the rules of grammar may require. The Schedule (See section 3) | | | | | --- | --- | --- | | Act | | Amendments | | (1) | | (2) | | The Bombay State Famine Relief Fund Act; 1958 (Bombay LXXXIII of 1958). | (1) | In the long title, - | | | (a) | for the words "Famine Relief Fund" the words "Scarcity Relief Fund" shall be substituted: | | | (b) | for the words "famine or acute scarcity" the word "scarcity" shall be substituted. | | (2) | In the preamble, in the third paragraph, - | | | (a) | for the words "Bombay State Famine Relief Fund" the words "Maharashtra State Scarcity Relief Fund" shall be substituted: | | | (b) | for the words "famine or acute scarcity" the word "scarcity" shall be substituted. | | (3) | In section 1, in sub-section (1) , for the word "Famine" the word "Scarcity" shall be substituted. | | (4) | in section 2. for the word "Famine" the word "Scarcity" shall be substituted. | | (5) | In section 3 and in the marginal note thereto, for the word "Famine" the word "Scarcity" shall be substituted. | | (6) | In section 4, for the words "Famine Relief Fund established under this Act" the words "Fund established under (his Act" shall be substituted. | | (7) | In section 5, for the words "famine or acute scarcity" at both the places where they occur, the word "scarcity" shall be substituted. |
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Union of India - Act ---------------------- Pravasi Bharatiya Bima Yojana 2017 ------------------------------------ UNION OF INDIA India Pravasi Bharatiya Bima Yojana 2017 ==================================== Rule PRAVASI-BHARATIYA-BIMA-YOJANA-2017 of 2017 ------------------------------------------------- * Published on 10 July 2017 * Commenced on 10 July 2017 Pravasi Bharatiya Bima Yojana 2017 Published vide Notification No. G.S.R. 864(E) , dated 10th July, 2017 Ministry of External Affairs (Orverseas Indian Affairs Division-I) G.S.R. 864(E) . - Whereas an insurance scheme for Indian emigrants going abroad for employment, viz., Pravasi Bharatiya Bima Yojana, 2003 and amendment as per Pravasi Bharatiya Bima Yojana, 2006 and Pravasi Bharatiya Bima Yojana, 2008 , as carried out by the Government of India on 13th November, 2003, 25th January, 2006 and 1st April, 2008 respectively. Whereas the Government of India considers it necessary to further amend the scheme with a view to strengthen the coverage to the emigrant workers. Now, therefore, the Government of India hereby makes the following scheme, namely:- ### 1. Short title and commencement. - (i) This Scheme may be called the Pravasi Bharatiya Bima Yojana 2017. (ii) It shall come into force from 1st August, 2017. ### 2. Application. - (i) This Scheme shall be mandatory for all citizens of India who apply for and obtain an emigration clearance as required under the Emigration Act, 1983 ( 31 of 1983 ) as well as emigrants going for overseas employment for various professions falling under work categories covered under Section 2(o) of Emigration Act, 1983 irrespective of the passport category. (ii) The benefits under this Scheme shall not apply in the event of war or internal conflict in the country to which the citizen of India holding the said policy has gone for work or where Government travel advisory not to travel is in place. ### 3. Definition. - In this Scheme, unless the context otherwise requires, "Emigrant" means any citizen of India who intends to emigrate, or emigrates or has emigrated but does not include: (a) a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated; (b) any person who has resided outside India at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person; "Protector of Emigrants" means a Protector of Emigrants appointed under section 3 and includes a person authorized under section 5 of the Emigration Act,1983. "Insurance Company" means an insurer being a company formed and registered under the Insurance Act,1938. "Insurance Regulatory and Development Authority of India (IRDAI) " means the Insurance Regulatory and Development Authority of India (IRDAI) formed as per Insurance Regulatory and Development Authority Act, 1999. ### 4. Requirement of taking insurance policy by certain persons applying for emigration clearance. - (i) It shall be mandatory for all emigrants who need Emigration Clearance for overseas employment, to subscribe to an insurance policy from any Insurance Company operating in India and duly registered with the Insurance Regulatory and Development Authority of India (IRDAI). (ii) Each citizen of India applying for emigration clearance from the concerned Protector of Emigrants (POE) shall obtain an Insurance policy covering the following: (a) The Insurance policy shall be valid for a minimum period of two/three years and renewable thereafter during the period of employment contract. (b) The Insured person shall be covered for a sum of ten lakh rupees in the event of accidental death or permanent disability leading to loss of employment while in employment abroad. The insurance shall remain valid irrespective of change of employer or the insured's location during the policy period. The insurance shall also remain valid during visit of insured to India or any third country during the currency of insurance policy. (c) Certification of accidental death or permanent disability leading to loss in the employment by Indian Missions and Posts abroad shall be accepted by the insurance companies. While in third country, certification of accidental death/ permanent disability leading to loss in the employment by Indian Mission/Post in that country and in India, certification by concerned Protector of Emigrants shall be acceptable. (d) In case of accidental death, besides the cost of transporting the dead body, the cost incurred on economy class return airfare of one attendant upto the International airport in India nearest to the address of the insured shall also be reimbursed by the Insurance Company. In case of permanent disability of the insured, the economy class return airfare of one attendant upto the International airport nearest to the address of the insured shall also be reimbursed by the Insurance Company. The claim for reimbursement shall be filed with the Insurance Company within 90 days of completion of journey. (e) The insurance company shall pay the sum insured in case of accidental death or permanent disability due to any accident/ physical injury sustained while in employment abroad occurring within twelve months from the date of such accident provided it occurs during the currency of insurance policy and such death or permanent disability shall be attributed to the said accident. In such cases, intimation about the accident/ physical injury will be sent to the Insurance Company within 30 days from the date of such accident/ physical injury. Further, claim has to be filed within 90 days from the date of accidental death/ permanent disability. In case of non-submission of claim documents within 90 days, certificate from the Indian Mission/ Post stating that the circumstances were beyond the control of the insured, will be accepted by the Insurance Company. In case of accidental death/ permanent disability in India, certificate from Protector of Emigrants will be accepted. (f) The Insurance company shall provide medical insurance cover of Rupees one lakh only (up to Rupees Fifty thousand per hospitalization) in case of hospitalization of the insured in an emergency on grounds of accidental injuries and/ or sickness/ ailments/ diseases occurring during the period of Insurance whether in India/ third country or in the country of his employment. (g) The Insurance company shall reimburse the actual medical expenses in the event of 4 (f) above, and in case such medical treatment is taken in India, shall also provide cashless hospitalization. (h) If the insured person falls sick or is declared medically unfit to commence or continue or resume work and the service contract is terminated by the foreign employer within first twelve months of taking the insurance cover, the actual one way Economy Class airfare up to the International airport nearest to the address of the insured shall be reimbursed by the Insurance company provided the grounds for repatriation are certified by the concerned Indian Mission/ Post and Air-tickets are submitted in original. (i) On arrival at his work place or destination abroad, if the emigrant worker is not received by the employer or if there is any substantive change in the job/ Employment Contract/ Agreement to the disadvantage of the insured person, or if the employment is prematurely terminated within the period of employment for no fault of the emigrant, one-way Economy Class airfare shall also be reimbursed by the Insurance company upto the international airport nearest to the address of the insured provided the grounds for repatriation are certified by the concerned Indian Mission/Post and the Air-tickets are submitted in original. (j) In cases where the repatriation is arranged by the Indian Mission/ Post, the Insurance Company shall reimburse the actual expenses to the concerned Indian Mission/ Post. (k) The Insurance under this policy shall also provide maternity benefits to women emigrants, subject to a minimum cover of Thirty five thousand rupees in case of normal delivery and upto Rupees fifty thousand in case of caesarean operation per policy period . In case of medical treatment in the country of employment, the maternity benefits would be provided only if the requisite documents are certified by the concerned Indian Mission/ Post. The reimbursement shall be restricted to actuals. (l) The family of the emigrant worker in India consisting of spouse and first two dependent children upto twenty one years of age shall be entitled to hospitalization cover in the event of death or permanent disability of the insured person for maximum fifty thousand rupees per annum during the policy period. (m) An insured person shall be covered for a sum of Rupees Forty five thousand in connection with the legal expenses incurred by him in any litigation relating to his/ her employment, provided the necessity of filing such case is certified by the concerned Indian Mission/ Post. (n) The Insurance Company shall provide facility of online renewal of the policy for a further period by the emigrants on its expiry subject to production of proof of employment. (o) The Insurance Company shall provide a copy of insurance policy to the nominee of the insured person. (p) The Insurance companies shall charge fair and reasonable premium. Service tax will be charged as applicable. ### 5. The Pravasi Bharatiya Bima Yojana, 2017 will replace the existing Pravasi Bharatiya Bima Yojana with effect from the date of its coming into force.
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NCT Delhi - Act ----------------- The Delhi Electricity Regulatory Commission (Guidelines For Establishment Of Forum For Redressal Of Grievances Of The Consumers) Guidelines, 2003 --------------------------------------------------------------------------------------------------------------------------------------------------- DELHI India The Delhi Electricity Regulatory Commission (Guidelines For Establishment Of Forum For Redressal Of Grievances Of The Consumers) Guidelines, 2003 =================================================================================================================================================== Rule THE-DELHI-ELECTRICITY-REGULATORY-COMMISSION-GUIDELINES-FOR-ESTABLISHMENT-OF-FORUM-FOR-REDRESSAL-OF-GRIEVANCES-OF-THE-CONSUMERS-GUIDELINES-2003 of 2003 ------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 1 January 2003 * Commenced on 1 January 2003 The Delhi Electricity Regulatory Commission (Guidelines For Establishment Of Forum For Redressal Of Grievances Of The Consumers) Guidelines, 2003 ### 1. Preliminary. -In exercise of the powers conferred on the Commission, by section 181 read with sub-section (5) of section 42 of the Electricity Act 2003 (36 of 2003) and all powers enabling it in that behalf, Delhi Electricity Regulatory Commission hereby issues the following guidelines: ### 2. Short title, commencement and interpretation. -(i) These Guidelines may be called the Delhi Electricity Regulatory Commission (Guidelines For Establishment of Forum For Redressal of Grievances of the Consumers) Guidelines, 2003. (ii) These Guidelines shall be applicable to all Distribution and Retail Supply Licensees in their respective licensed areas. (iii) These Guidelines shall extend to all the areas under jurisdiction of the Commission. (iv) These shall come into force on the date of their publication in the Official Gazette. 3. Definitions.-In these guidelines, unless the context otherwise requires, (a) "Act" means the Electricity Act, 2003 (36 of 2003); (b) "appointed date" means 10th day of June 2003; (c) "Chairperson" means the Chairperson of the Forum; (d) "complainant" means (i) a consumer; or (ii) any consumer association registered under the Companies Act, 1956 (1 of 1956) or under any law relating to registration of societies and/or Charitable institution or under any other law for the time being in force; or (iii) one or more consumers, where there are numerous consumers having the same interest; (iv) in case of death of a consumer, his legal heirs or authorised representatives; (v) any other person who is affected by the services or business carried out by the distribution licensee. (e) "complaint" means any allegation in writing made by a complainant that- (i) an unfair trade practice or a restrictive trade practice has been adopted by the licensee in providing electricity service; (ii) the electricity services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; (iii) a licensee has charged for electricity services mentioned in the complaint, a price in excess of the price fixed by the Commission; (iv) electricity services which are hazardous to life and safety when availed, are being offered for use to the public in contravention of the provisions of any law for the time being in force or of any license; (v) violation of any law or license requiring the licensee to display the information in regard to the manner or effect of use of the electrical services; (vi) any defect or deficiency in electricity service; (vii) breach of any obligation by the licensee which adversely affects any consumer or which the Forum may consider appropriate to be treated as complaint. (f) "consumer" means any person who is supplied with electricity for his own use by a licensee or by the Government or by any other person engaged in the business of supplying electricity to the public and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be; (g) "consumer grievance" means a complaint/protest/objection filed by the complainant; (h) "distribution licensee" or "licensee" means authorised to operate and maintain a distribution system for supplying electricity to the consumers; (i) "defect" means any fault, imperfection or shortcoming in the quality, quantity, or standard of service, equipment or material which is required to be maintained by or under any law for the time being in force or under any contract, express or implied, or under any license or as is claimed by the distribution licensee in any manner whatsoever in relation to electricity service; (j) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or under any license or has been undertaken to be performed by distribution licensee in pursuance of a contract or otherwise in relation to electricity service or performance standard, viz, interruption/ failure of power supply, voltage complaints, metering problems including meter shifting, charges /payments (billing problems), disconnection/ reconnection of power supply to the consumer, new connection/extensions in load, notice of supply interruptions, making and keeping regular/special appointments, violations of Electricity Supply Code, contravention of Act, rules or regulations made thereunder with regard to consumer interest; (k) in particular and without prejudice to the generality of the term the "electricity service" means supply, billing metering and maintenance of electrical energy to the consumer and all other attendant sub-services etc.; (l) "Forum" means 'Forum for redressal of consumer grievances' constituted by distribution licensee under section 42 (5) of the Act; (m) "ombudsman" means an authority appointed/designated by the Commission under sub-section (6) of section 42 of the Act; (n) "Commission" means the Delhi Electricity Regulatory Commission; (o) words and expressions used and not defined in these guidelines but defined in the Electricity Act, 2003 (36 of 2003) or in the Delhi Electricity Reform Act, 2000 (Delhi Act 2 of 2001 ) or in the Consumer Protection Act, 1986 (68 of 1986) shall have the meanings respectively assigned to them in these Acts. Chapter I Forum For Redressal Of Grievances Of The Consumers ----------------------------------------------------------------- ### 4. Constitution of forum for redressal of grievances of the consumers. (1) Every distribution licensee, shall within six months from the appointed date or grant of licence, whichever is earlier, establish a Forum for redressal of consumer grievances in accordance with these guidelines. The Forum shall be independent of the Licensee. (2) Forum shall consist of not more than three members including the Chairperson of the Forum. The Distribution licensee shall submit before the Commission, a penal of persons who are eligible according to the qualifications hereinafter prescribed and shall appoint only such persons as the Chairperson or members of the Forum whose names have been approved by the Commission. (3) No person shall be eligible to be appointed to the Forum unless he has the following qualifications: (i) [Chairperson of the Forum shall be a person possessing degree in electrical engineering and should have held a post not below the rank of Superintending Engineer and having experience in the distribution of electricity.] [Substituted by letter No. F. 11 (29) /DERC/(2003-04) Pt. File 4276, dated 12th December, 2003] (ii) One member shall be a person possessing degree in law and having at least 10 years of experience in legal matters: Provided when the Chairperson of the Forum is unable to discharge the functions owing to absence, illness or any other cause, the member indicated in clause 4 (3) (ii) shall discharge the functions of the Chairperson, until the day on which the Chairperson assumes office. (iii) Another member shall be a representative of a registered society or NGO/ Consumer Organization having one of its main objectives as consumer protection, with at least 5 years of standing or alternatively the representing member should have five years of experience in consumer related matters. (4) The term of the members of Forum shall be for a period of one year from the date of appointment/nomination to the Forum. (5) The Licensee shall appoint /designate one of his officers not lower than the rank of Grade II officer as full time secretary to the Forum and shall also provide required supporting staff as approved by the Commission and office accommodation for functioning of the Forum. (6) The Chairperson of the Forum may instruct the Secretary to call for a meeting of the Forum to be held at such time and at such place as the Chairperson may direct. (7) All decisions of the Forum shall be on the basis of majority of the members present and voting. (8) The quorum for the Forum meeting shall be two and each members shall have one vote and in case of equality of votes on any issue or resolution, the Chairperson or as the case may be, the member of the Forum discharging the functions of the Chairperson under clause 4 (3) (ii) presiding over the meeting shall, in addition, have a casting vote. (9) The Forum shall have sittings at the headquarters of licensee or at any other place in the licensee's area as may be decided by the Chairperson depending on the number of grievances. (10) The licensee shall give wide publicity to the formation of the Forum and shall necessarily obtain a post box number to facilitate easy registration of grievances by consumers. (11) Distribution licensee may specify the salary /honorarium and other allowances payable to, and the terms and conditions of service of the Chairperson and members of the redressal Forum with the approval of the Commission. (12) On occurrence of any vacancy in the Forum by any reason, the distribution licensee shall take action to fill up the vacancy within one month from the date of occurrence of vacancy. (13) . The address and phone numbers of the Forum shall be displayed at all the offices of the distribution licensee and wide publicity shall be given in their areas of operation. ### 5. Jurisdiction of the Forum. (1) The Forum shall have the jurisdiction to entertain the complaints filed by the complainants with respect to the electricity services provided by the Distribution Licensee. (2) The Forum shall entertain only those complaints where the complainant has approached the appropriate authority of the licensee as prescribed in the complaint handling procedure of the licensee approved by the Commission from time to time and either is not satisfied with the response of the licensee or there is no response within the time prescribed therein or within reasonable time: Provided that the no complainant shall be entertained unless it is filed before the Forum within 6 months from the date when the cause of action first arose: Provided further that the Forum may, for reasons to be recorded in writing, entertain a complaint which does not meet the aforesaid requirements. ### 6. Grievance Filing. (1) The Forum shall take up any kind of grievance concerning with electricity supply to the consumers including applicants for new connections except the grievances arising under sections 126 and 135 of the Act. (2) Every grievance to the Forum must be submitted in writing to the Forum stating. (a) the name of the individual or the organization, postal address, K No. and telephone number, fax number and the E-mail address (if any) of the complainant; (b) the name of the office of the origin of complaint, name of the electricity district etc.; (c) a full description of the matter, which is the source of the grievance, including copies of any relevant and supporting documents, if any; (d) the relief prayed for. (3) A copy of response if any from the licensee shall be enclosed. ### 7. Grievance handling procedure for the forum. (1) On receipt of the consumer grievance, the Secretary shall make an endorsement on the grievance subscribing his dated initial. (2) Within 7 days of receipt of a consumer grievance, the Secretary shall send an acknowledgement to the applicant. Consumer grievances received shall be registered and serially numbered for each year, and shall be referred, e.g., C.G. No. 1/2002, 2/2003 and so on. A copy of the grievance shall be forwarded simultaneously to the concerned officer of the licensee for redressal or to file objection if any in writing in case the licensee is not agreeable to the request of the complainant. (3) The employee nominated /authorised in this regard by the licensee or the employee named in the complaint shall furnish the parawise comments on the grievance within 15 days from the date of receipt of the latter from the Forum, failing which the Forum shall proceed on the basis of the material available on record. (4) The Forum may call for, any record of the licensee or from the complainant for examination and disposal of the grievance and the parties shall be under obligation to provide such information, document or record as the Forum may call for where a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference. (5) On receipt of the comments from the licensee or otherwise and after conducting or having such inquiry or local inspection conducted as the Forum may consider necessary, and after affording reasonable opportunity of hearing to the parties, the Forum shall pass appropriate orders for disposal of the grievance. (6) The proceedings and decisions of the Forum shall be recorded and shall be supported by reasons. The decision/s of the Forum shall be based on the opinion of the majority members of the Forum present and voting. The order of the Forum shall be communicated to the complainant and licensee in writing within 7 days. The licensee shall comply with the order of the Forum within 15 days from the date of receipt of the order. (7) The Forum may, subject to the regulations made by the Commission in this regard, award such compensation to the complainants as it considers just and appropriate in the circumstances of the case. (8) The Forum may issue such interim orders pending final disposal of the complaint as it may consider necessary. (9) Where the complainant or the licensee fails to appear before the Forum on the date fixed for hearing consecutively on more than two occasions, the Forum may decide the complaint ex parte. (10) If the complainant is aggrieved by orders of the Forum, he may prefer an appeal before the Ombudsman appointed /designated by the Commission. ### 8. Monitoring of the consumer grievances by Forum. (1) The Forum will keep a record of consumer grievances reported to it and the results thereof. (2) The Forum shall submit a report on the number of complaints received, redressed and pending, every month to the Commission for the period of 1st of the month to end of the calendar month and a copy shall also be-forwarded to the distribution licensee.
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State of Jharkhand - Act -------------------------- Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 ---------------------------------------------------------------------------------------------- JHARKHAND India Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 ============================================================================================== Rule JHARKHAND-STATE-ELECTRICITY-REGULATORY-COMMISSION-ELECTRICITY-SUPPLY-CODE-REGULATIONS-2005 of 2005 --------------------------------------------------------------------------------------------------------- * Published on 28 July 2005 * Commenced on 28 July 2005 Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 Published vide Notification No. JSERC/Regulation/64/268, dated 28.07.2005 No.JSERC/Regulation/64/268, dated 28.07.2005. - In exercise of the power conferred by Clause (x) of sub-section (2) of Section 181 read with Section 50 of the Electricity Act 2003 (36 of 2003) and all power enabling it in that behalf, the Jharkhand State Electricity Regulatory Commission, hereby makes the following Regulations, namely: - Chapter 1 ----------- ### 1. Short Title, Commencement and Interpretation. - 1.1 These Regulations may be called the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005. 1.2 These Regulations shall be applicable to all Distribution Licensees in their respective licensed areas, in the State of Jharkhand. 1.3 These Regulations shall come into force after expiry of 3 months from the date of its publication in the Jharkhand State Gazette. Chapter 2 ----------- ### 2. Definitions. - 2.1 In these Regulations, unless the context otherwise requires: (a) "Act" means the Electricity Act, 2003; (b) "Commission" means the Jharkhand State Electricity Regulatory Commission; (c) "Consumption charges" means charge payable for the consumption of electrical energy in Kwh multiplied by appropriate tariff rates and also includes Demand /Fixed charges, Fuel Surcharge Adjustment (FSA) and customer charges etc, wherever applicable. (d) "High Tension (HT) (all kinds HT) consumer" means a consumer who is supplied electricity at a voltage higher than 440 volts. (e) "HT (All Kinds of HT) rates" means the consumption charges payable by HT consumers. (f) "Low Tension (LT) Consumer" means a consumer who is supplied electricity at a voltage up to 440 volts. (g) "LT Rates" means the consumption charges payable by LT consumers. (h) "Month" means the calendar month. The period of about 30 days between the two consecutive meter readings shall also be regarded as month for purpose of billing; (i) "Premises" includes any land, building, or structure. (j) "Dedicated Distribution Facilities" means such facility not including a service line, forming part of distribution system of the licensee which are clearly and solely dedicated to the supply of electricity to a single consumer or group of consumers on the same premises or on contiguous premises. (k) "Authorised Representative" refers to all officers, staff or representative of the Distribution licensee discharging function under general or specific authority of the licensee. (l) "Contract Demand" means demand in Kilowatt (KW) or Kilo Volt amperes (KVA) or H.P (Horse Power) mutually agreed between the Distribution Licensee and the consumer as entered into agreement or agreed through other written communication. (m) "Occupier" means the person in occupation of the premises where energy is used or is proposed to be used. (n) "Consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be;. (o) All other expression used herein but not specifically defined herein but defined in the Act shall have the meaning assigned to them in the Act. (p) [ "Assessing officer" means an officer of a State Government or Board or licensee or supplier, as the case may be, designated as such by the State Government as per provisions of section 126 of the Act; [As per Amendment issued by Jharkhand State Gazette Notification No.- 501 Dated - 01/09/2010.] (q) "Authorized officer" means an officer of the licensee or supplier as the case may be, authorized in this behalf by the State Government as per provisions of section 135 of the Act; (r) "Appellate Authority" means the authority prescribed under subsection (1) of section 127 of the Act.] Chapter 3 ----------- ### 3. Recovery of Charges. - 3.1 The Distribution Licensee shall be authorized to recover charges for the supply of electricity from any person requiring such supply in accordance with the provisions of the Act and these Regulations and such charges shall include- (a) Recovery of such expenses as may be reasonably incurred by the licensee in providing electric line or electrical plant used for giving such supply in accordance with Clause 17 of these Regulations below. (b) Charges for electricity supplied by licensee in accordance with the tariff order issued by the Commission. 3.2 Cost of Service Connection/Extension/Upgradation. - 3.2.1 The licensee shall be authorized to recover from the applicant all expenses reasonably incurred in laying service line from the distribution mains to the point of supply based on the schedule of charges approved by the Commission as per Clause 17 of these Regulations. 3.2.2 Where the provision of supply to an applicant requires works of installation of dedicated distribution facilities, the licensee shall be authorized to recover all expenses reasonably incurred on such works from the applicant based on the schedule of charges approved by the commission as per Clause 17 of these Regulations. Where the provisions of supply to an applicant entails works, not being works referred to in Clause 3.2.1 and 3.2.2 above of these Regulations, for augmentation/up gradation of the distribution system, the licensee shall be authorized to recover from the applicant such portion of the expenses reasonably incurred on such works as the load or additional load applied for bears to the incremental capacity that will be created by augmentation of the distribution system as per the schedule of charges approved by the Commission in accordance with Clause 17 of these Regulations. Provided that where the load or additional load applied for by the applicant does not exceed one third of the capacity that will be created by augmentation of the distribution system, the licensee shall not be entitled to recover any expenses under this Clause 3.2.3 of these Regulations form such applicant. 3.2.3 Where the licensee permits the applicant to carry out works of laying service line and/or dedicated distribution facilities for the power supply requisitioned by him, the licensee shall not be entitled to recover expenses relating to such portion of work so carried out by the applicant. Provided how ever that the licensee shall be entitled to recover from the applicant, supervision charges as per schedule of charges approved by the Commission in accordance with Clause 17 of these Regulations, not exceeding 15 percent of the labor cost that would have been incurred by licensee in carrying out such work. Provided further that the applicant shall have to get the works carried out by licensed electrical contactor as per the estimate and lay-out approved by the licensee. The material purchased by the applicant in such cases should conform to relevant BIS specification or its equivalent and should bear its mark where applicable. The licensee may ask for documentary evidence to verify the quality of material. The consumer should get the work done within time frame provided in these Regulations failing which the licensee may on giving fifteen days notice treat this application for supply as cancelled. 3.2.4 The service line and /or the dedicated distribution facility, not withstanding that it has been paid for by the consumer, shall remain the property of the licensee who shall maintain it and who shall have the right to use the same for supply of electricity to any other person provide that such supply should not adversely affect the supply to the consumer who has paid for it. 3.3 Charges of Electricity Supplied. - 3.3.1 The distribution licensee shall recover the electricity charges for the electricity supplied to the consumer as per the tariff determined by the Commission from time to time in accordance with the provision of Electricity Act 2003. 3.3.2 Unless otherwise specified all service category wise tariff (HT and LT rates) refer to one point of supply and each separate establishment and service category (tariff) will be given separate point supply. 3.3.3 The consumer shall pay to the distribution licensee within the time specified for the purpose under Clause 4 every month/ billing period at the appropriate office of the distribution licensee or any other place specified by distribution licensee, charges for the electricity supply to the consumer during the preceding billing period as per the tariff in force from time to time. 3.3.4 The charges for electricity supplied may include fixed charges, energy charges, minimum charges and all other surcharges including fuel price adjustment surcharge, delayed payment surcharge as per tariff in force from time to time. 3.3.5 The licensee is also authorized to recover such surcharge and charges for wheeling as may be specified under provisions of Sub-Section 2 and Sub-Section 3 of Section 42 of the Act and such additional surcharge as may be specified under provisions of Sub-Section(4) of Section 42 of the Act. 3.3.6 The consumer shall also pay in addition to the charges fixed by the Commission all taxes and duties as required under any law for the time being in force. Chapter 4 ----------- ### 4. System of supply. - 4.1 The licensee shall supply electricity on AC system with a frequency of 50 cycles per second on the following voltage levels and number of Phases:- (a) Low Tension (i) Single Phase: 230 volts between phases and neutral. (ii) Three Phase: 400 volts between phases. (b) High Tension (H.T) - Three Phase: 11KV or 33 KV between phases. (c) Extra High Tension (EHT)-Three Phase: 132 KV or 220 KV between phases. (d) For Railway Traction Two phase HT supply with 25 KV between phases and EHT supply with 132 KV supply between phases may be given. Chapter 5 ----------- ### 5. Requisition for supply. - 5.1 [Requisition for a new supply of electricity shall be made by the owner/occupier of the premises in duplicate in the prescribed form of the licensee which shall be available at a cost from the local office of the licensee. The model format of the application form is provided in Schedule I & II of these Regulations. The Licensee shall necessarily supply two copies of agreement format, one copy of tariff schedule and one copy of Electricity supply code along with the application forms. Copies of application form and other necessary required documents as mentioned above down loaded from the website of licensee may also be used by applicant and shall be accepted by the licensee. On the application form there shall be clearly mentioned the names with address and telephone numbers of the offices from where the application form can be obtained and where the filled up application form will be submitted. Any assistance or information required in filling up the form will be provided to the applicant at the local office of the licensee.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 214 Dated - 16/04/2007.] 5.2 The application shall indicate in the application for electricity supply his full name and address (permanent if any) with telephone number and also detail address of the premises for which requisition of supply has been made including Khata no, Khesra no, Municipal holding no, house/plot no etc, as applicable. The applicant shall also provide following information's/particulars in the application:- (a) Name and address of the licensed Electrical contractor through whom the wiring/installation will be/have been carried out. (b) Purpose of usages of electricity and load for each such usage. (c) Whether application is for new connection, temporary connection, shifting of service, additional load, change of name or change of type (category) of service (tariff) (d) Whether the applicant wants to carry out the works of laying service line and / or dedicated distribution facility for the electricity supply requisitioned. 5.3 The applicant shall furnish, along with application for requisition of electricity supply following documents (a) Two photographs affixed one each in the duplicate copies of the application form (b) Proof of legal occupancy in the form of copies of sale deed or partition deed or succession certificate or power of attorney or lease/ rent agreement or allotment order or in case of agricultural connection "Khata nakal" giving khesar no. (c) In case of a partnership firm, partnership deed, authorization in the name of the applicant for signing the requisition form and agreement. (d) In case of Public and/or Private limited Company, Memorandum and Articles of Association and Certificate of incorporation together, with an authorization in the name of the applicant for signing the requisition form and agreement. The licensee may ask for the original documents from the consumer for verification. 5.4 The application for requisition of supply shall be submitted to the notified local office of the licensee along with non-refundable application fee in cash or Demand Draft as per the schedule of charges approved by the Commission under Clause 17 of, these Regulations. [5.5 If the applicant, in respect of an earlier agreement executed in his name or in the name of a firm or company with which he was associated either as a partner, director or managing director, has any arrears of electricity dues or other dues for the premises where the new connection is applied for and such dues are payable to the licensee, the requisition for supply may not be entertained by the licensee until the dues are paid in full. But if the old consumer who had committed default in payment of the dues has left the premises for good and the concerned premises has come in legal possession of a new occupant through transfer or purchase of the concerned property and where the new incumbent is not connected with the previous owner/occupant in any manner applies for re-connection of the electrical line in the same disconnected premises, in that event the distribution licensee shall be obliged to order reconnection without realization of the arrear dues of concerned premises from the new incumbent, as the purchaser of the premises would not be held liable to meet the liability of the previous consumer in order to secure reconnection.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 214 Dated - 16/04/2007.] 5.6 For the purpose of these terms and conditions of supply, establishments/premises (a) Having distinct set up and staff, or (b) Owned or leased by different persons, or (c) Covered by different licensee or registrations under any law where such procedures are applicable, and (d) For domestic category households having relevant document from the local authorities, identifying the premises as separate, will be deemed to be separate establishments and each separate establishment will be given separate point of supply. Chapter 6 ----------- ### 6. Procedure for providing fresh Electricity Service Connection. - 6.1 Receipt of application 6.1.1 It shall be duty of the Licensee to: (i) Issue a duly authorized acknowledgement of each application form accepted. (ii) Inform an applicant upon request of the status of his application and the reasons if any, for non-disposal of the application. 6.1.2 The licensee shall maintain a permanent record of the applications received in application and Service Connection Register and shall enter in to the same stage wise status of disposal of the application till energization of service connection and allotment of consumer no. Each application shall be allotted permanent application number (for identification) serially in order in which they are received. Separate registers for different category of consumers may be maintained. Unless the Act or the Rules and Regulations framed there under or any other law for the time being in force require, the licensee shall dispose the application in each tariff category "on a first come, first served" basis as per serial priority in the application register. 6.2 Processing Application and effecting Electricity supply. - 6.2.1 Within days prescribed in Clause 6.2.10 of these Regulations from the date of the receipt of the application the licensee shall send notice to the applicant to be present on the stipulated date along with the licensed electrical contractor who is to or has undertaken the electrical installation or his representative at the premises for which requisition for electricity supply or additional supply has been made for the purpose of inspection and fixing the point of entry of the electricity supply line (service line) and position of fixing meters and accessories and lay out of the service line as agreed upon with the applicant. Provided that the service line shall be laid at an accessible location and the meter shall be fixed at the entry point of the premises in such a manner that it is protected form elements like rain etc. and is easily accessible without getting the premises unlocked or opened for this purpose. 6.2.2 The applicant along with the licensed electrical contractor or his representatives shall be present on the stipulated date as per the aforesaid notice under Clause 6.2.1 of these Regulations for the inspection failing which the application may be rejected by the licensee. In case the application is rejected, written information in this respect shall be sent by the licensee to the applicant, within 7 days of the notified date of inspection. 6.2.3 When the consumer's premises has no frontage on a street and the service line from the licensee's mains has to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the applicant and such other person), or in any other case the consumer shall bring at his own expense any necessary way-leave, consent or license for laying of distribution mains and service line upon, over or under such premises and furnish to the licensee. The licensee shall not arrange supply of power until the way-leave, consent or license is received. Any extra expense incurred in placing the supply line in accordance with the terms of the way-leave, consent or sanction shall be borne by the consumer. In the event of the way-leave, consent or sanction being cancelled or withdrawn, the consumer shall, at his own cost arrange for or in case the work is carried out by the licensee at the consumer's request pay full cost of, any diversion of the service line or the provision of any new service line thus rendered necessary. 6.2.4 It shall not be incumbent on the licensee to ascertain the validity or adequacy of way-leave, consent or sanction obtained by the consumer. 6.2.5 Where in the opinion of the distribution licensee, the provision of supply requires installation of distribution transformer within the applicant premises; the applicant's shall make available to the distribution licensee a suitable piece of land or a suitable room within such premises for the period of supply for installation of the distribution transformer. 6.2.6 After the inspection referred to in Clause 6.2.1 above is carried out the distribution licensee shall intimate to the applicant within prescribed period as per time scheduled provided in Clause 6.2.11 of these Regulations of the details of the works (including service line) to be undertaken for providing electricity supply, the charges to be borne by the applicant thereon in accordance with these Regulations, list of additional documents/consent/statutory permissions required to be submitted by the applicant and the amount of security and any other charges as per the Act or Regulations notified by the Commission to be deposited by the applicant and to execute agreement after deposit of the charges and security amount with the licensee within the due date as prescribed in time schedule provided in Clause 17 of these Regulations. Provided that if licensee permits the applicant to carry out the works as per Clause 3.2.4 of these Regulations the applicant shall bear only supervision charges as per these Regulations. 6.2.7 Not withstanding any thing contained in these regulations an application shall be deemed to be received on the date of receipt of duly completed application containing all necessary information and documents and consents/permissions as required under any law for the time being in force along with the payment of charges and security amount as per these Regulations. 6.2.8 Upon receipt of required charges as above, deposit of security amount and availability of suitable piece of land or room within the premises of the applicant if required for installation of distribution transformer as per Clause 6.2.5 of the regulation, and completion of formalities as above the Distribution licensee shall carry out or permit the applicant to carry out the works for providing electricity supply. If the applicant fails to deposit charges and security by the due date a second 15 days notice shall be sent by the licensee within 15 days of the supply of the first notice to deposit the charges and security amount and to complete formalities and if the applicant fails to deposit the amount within the notice period the application of the applicant shall stand cancelled after expiry of the notice period. 6.2.9 After completion of the works as referred to in Clause 6.2.6 of these Regulations and receipt of inspection report of the electrical installation and permission of the Electrical inspector if applicable and permission of the inspector of mines in case of mines, within 3 days the licensee shall intimate the date of testing of the electrical installation of the applicant. It shall be duty of the applicant to be present during inspection along with licensed Electrical contractors who has undertaken the installation or his representative. 6.2.10 On testing of the consumers' installation by the licensee's representative if the same is found satisfactory the licensee shall arrange to install meter and accessories and seal the meter, meter box, and accessories in the presence of the consumer and provide electricity supply within next two working days of the date of testing. If the licensee is not satisfied he shall intimate the applicant of the faults/shortcoming in the installation. The applicant after rectification of the defects intimate the licensee upon which the licensee shall fix a date of next testing within 7 days of such intimation and on testing of the installation and after payment of prescribed fee as per Clause 17 of these Regulations (No charge shall be made by the licensee for the first test but subsequent tests due to fault or short coming found in initial test shall be charged for); if the same is found satisfactory by the licensee, he shall provide, electricity supply after fixing meter and accessories and sealing the same in the presence of the applicant within next two working days of such testing. 6.2.11.1 The application for fresh electricity supply service connection or additional connection shall be disposed as per the provision under chapter 6.0 of these Regulations within the time frame as prescribed in the following schedule. Time schedule for disposal of application for fresh electricity supply or additional supply. | | | | | | --- | --- | --- | --- | | Sl.No. | Item of Disposal | Category of service | Time limit for disposal | | 1 | Notice of inspection on receipt of application. | (a) L.T service | Within 3 days of receipt of application. | | (b) H.T service | Within 7 days of receipt of application. | | (c) E.H.T service | Within 15 days of receipt of application. | | 2 | Inspection for fixing position of distribution line/service line and meter and accessories in consumer premises. | (a) L.T service | Urban | Within 10 days of receipt of application. | | Rural | Within 15 days of receipt of application. | | (b) H.T service | Within 15 days of receipt of application. | | (c) E.H.T service | Within 30 days of receipt of application. | | 3 | Issue of 15 days notice for deposit of charges and security amount and execution of agreement. | (a) LT service without extension & upgradation | Within 3 days after inspection | | (b) LT service with LT extension & installation of D/S/S and or upgradation. | Within 7 days after inspection | | (c) L.T. service with extension & installation of D/S/S and /or upgradation of system. | Within 15 days after inspection | | (d) H.T. service | Within 30 days after inspection | | (e) E.H.T service | Within 45 days after inspection | | 4 | Time allowed for deposit of charges and security amount and execution of agreement. | All categories L.T, H.T and EHT. | Within 15 days of issue of notice. | | 5 | Notice for intimation that supply is available and testing consumer for installation. | (a) L.T. service without Ext. and upgradation. | (i) Urban | Within 7 days of deposit of charges | | (ii) Rural | Within 15days of deposit of charges | | (b) L.T service with L.T line EXT only | | | (i) Urban | 30 days of deposit of charges | | (ii) Rural | 45 days of deposit of charges | | (c) L.T Service with L.T extension installation of and Dist Sub-station and/or upgradation. | | | (i) Urban | 45 days of deposit of charges | | (ii) Rural | 60 days of deposit of charges | | (d) HT without Extension | Within 27 days of deposit of charges. | | (e) HT with Extension | Within 90 days of deposit of charges. | | (f) EHT (this will necessarily entail Extension) | Within 180 days | | 6 | Energization and commencement of electricity supply. | L.T. service | Within 2 days after testing | | HT service Within | 3 days after testing | | EHT service Within | 3 days after testing | | | | | | [Note - The time for providing new connection which does not require any extension should be limited to 30 days from the receipt of application.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 214 Dated - 16/04/2007.] 6.3 Temporary supply. - 6.3.1 Any person requiring electricity supply for the purpose that is temporary in nature i.e for period of less than one year may apply for temporary electricity supply. Where an applicant requires temporary supply then notwithstanding anything contained to the contrary in this Section 6 of these Regulations, if after inspection of premises/site the supply is found feasible, the distribution licensee shall send written intimation to the applicant to deposit in advance the total cost of laying and dismantling extension work , service line, meters and accessories as per schedule of charges approved by the Commission together with the estimated charges for electricity supply for the period applied for provided that where the works for such temporary supply are carried out by the licensee and paid by the consumer requiring such supply, the consumer shall receive credit in the final bill for the cost of materials dismantled and returned to the licensee in working condition less the rental for these material for the period of supply after termination of such temporary supply. Provided however that where the works for such temporary supply are carried out by the person requiring such supply, then such person shall be entitled to retain such works at the time of termination of supply. Provided further that the person requiring such temporary supply shall not be require to deposit any security as per Clause 10 of these Regulations other than the aforesaid advance. 6.3.2 Not withstanding any thing contained to the contrary in this section 6 of these Regulations the application for temporary supply shall be disposed of on priority basis as per the following time frame. | | | | | --- | --- | --- | | (a) | Premises/site inspection and issue of notice to deposit charges in advance. | LT service within 7 days of receipt of application. H.T service within 15 days of receipt of application | | (b) | Maximum time allowed to the applicant to deposit charges. | LT service 7 days from the date of notice. HT service 15 days from the date of notice. | | (c) | Carrying out works, testing of installation and effecting electricity supply. | LT without extension within 7 days of deposit of charges. LT with extension within 15 days of deposit of charges. HT without extension within 15 days of deposit of charges HT with extension within 30 days of deposit of charges. | 6.3.3 After the period of temporary supply is over and after disconnection and termination of the supply the licensee shall prepare final bill on the basis of Actual consumption and allowing credit for the materials dismantled and received back in working condition less the rental for the same for the period of supply as per the schedule of charges approved by the Commission as per Clause 17 of these Regulations and send it to the consumer and return the balance amount (against the advance deposit) if any to the consumer within 30 days of the termination of such supply. For any delay in refund of the balance amount beyond the said time limit of 30 days the licensee shall have to pay interest for the period of such delay at the rate equivalent to the delay payment surcharge as per tariff. Chapter 7 ----------- ### 7. Agreement. - 7.1 The distribution licensee may require the applicant to execute agreement for obtaining new connection, for change of name, and for enhancement or reduction of sanctioned load. 7.2 The agreement format shall be supplied by the Distribution licensee along with application form and shall also be available on licensee website in downloadable mode. 7.3 The agreement shall include the following (i) Name and address of the consumer/ applicant. (ii) Address of the premises for which electricity supply has been requisioned and for which the agreement is being executed. (iii) Sanctioned load/ contract demand. (iv) Purpose of usage of electricity. (v) Declaration by the applicant/consumer. (a) To abide by provisions of Act and these Regulation. (b) To pay for the supply of electricity based on the prevailing tariff rates. (c) To pay for all other charges payable in accordance with these Regulations. and schedule of charges of the distribution licensee approved by the Commission. (d) To deposit such security money as the distribution licensee may be entitled to recover from him under the Act and these Regulations 7.4 A copy of the agreement executed shall be given to the consumer/ applicant. 7.5 A Consumer may terminate the agreement after expiry of the initial period of agreement after giving 30 days notice to the distribution licensee. However if the agreement is to be terminated before expiry of the initial period of agreement, the consumer shall be liable to pay charges as per tariff for the balance period of the initial period of agreement. Provided that whenever an agreement is terminated on notice given by the consumer the distribution licensee shall give a written intimation within 15 days after termination failing which such intimation shall be deemed to have been given to the consumer. Provided further that if the service of the consumer remains continuously disconnected for 180 days not being a temporary disconnection upon request of the consumer the agreement shall be deemed to be terminated on the expiry of 180 days or after expiry of the initial period of agreement which ever is later without prejudice to the rights of the distribution licensee or of the consumer under the Act for recovery of any amount due under the agreement. Chapter 8 ----------- ### 8. Change of Name. - 8.1 A connection may be transferred in the name of another person upon death of the consumer or in case of transfer of the ownership or occupancy of the premises, upon application in the prescribed application from for change of name by the new owner or occupier. Provided that such change of name shall not entitle the applicant to require shifting of the connection from the present location. 8.2 The application for change of name shall be accompanied by : (i) Consent letter of the transferor for transfer of connection in the name of transferee. In the absence of consent letter any one of the following documents in respect of premises- (a) proof of ownership of premises (b) in case of partition, partition deed. (c) registered deed (d) succession certificate. (ii) Photocopy of license/permission with respect, to the purpose for which electricity is being supplied in the premises if applicable. (iii) Application fee and charges for the change of name as required under the schedule of charges of the Distribution Licensee approved by the commission. 8.3 The Distribution licensee shall consider the application and communicate the decision on change of name to the consumer within 30 days and if the change of name has been allowed the change of name shall come into effect in the billing cycle next to the cycle in which decision has been taken. Provided where the Distribution licensee disallows or refuses the change of name, it shall do so after affording the consumer concerned a reasonable opportunity of being heard in the matter and after communicating the consumer the reasons of refusal in writing. ### 8. [4. Deleted.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 214 Dated - 16/04/2007.] Chapter 9 ----------- ### 9. Enhancement and Reduction of Contract Demand/Sanctioned Load. - 9.1 Enhancement of Contract Demand/Sanctioned load 9.1.1 The application for enhancement of contract demand /sanctioned load shall be made in the prescribed form and in the manner as specified in new service connection in Clause 5 of these Regulations. 9.1.2 The application for enhancement of load shall be disposed of in the manner and within the time frame as prescribed for new service connection in Clause 6.2.11 of these Regulations. Provided that the application for enhancement of Contract Demand /Sanctioned Load may be outright rejected by the distribution licensee if the consumer is in arrears of licensee's dues and the same have not been stayed by a court of law or the Commission. 9.2 Reduction of Contract Demand/Sanctioned Load. - 9.2.1 The application for reduction of contract Demand sanctioned load shall made in the prescribed form specified for the new service connection. Provided that no reduction of load shall be allowed by the Distribution Licensee before expiry of the initial period of agreement. 9.2.2 The application for reduction of load shall be accompanied by- (i) Details of modification, alteration and removal of electrical installation with completion certificate and test report of the Licensed Electrical contractor. (ii) Any other reason for reduction of load (iii) Details of generator if any installed by the consumer with safety clearance certificate form competent authority as applicable. 9.2.3 The Distribution Licensee shall consider the application verify the same and communicate in writing its decision on reduction of Contract Demand/Sanctioned Load in writing within 30 days of the application. Provided that if the distribution licensee rejects or refuses the reduction of contract demand/sanctioned load it shall do so after affording the consumer reasonable opportunity of being heard in the matter and after communicating in writing the reasons for such refusal. 9.2.4 If the decision of the application for reduction of Contract Demand Sanctioned Load is not communicated by the licensee within 30 days of the application, the consumer shall send a notice to the licensee requesting for disposal in the matter and if the decision is still not communicated within 15 days of the notice. The reductions of contract demand/sanctioned load shall be deemed to have been sanctioned, from the 16th day after the issue of notice to the licensee by the consumer. 9.2.5 The reduction of Contract Demand/Sanctioned Load shall come into effect from the first day of the month following the month in which the reduction of load has been sanctioned or have been deemed to be sanctioned. 9.2.6 After the sanction of the reduction of Contract Demand/Sanctioned Load the consumer shall execute a supplementary agreement and the licensee shall recalculate the Security Deposit excess Security Deposit if any shall be refunded by way of adjustment in the minimum number of succeeding bills of the consumer. 9.3 Change of Service (Tariff) Category, Shifting of Service Connection. - 9.3.1 Consumer may get done the change of Service (tariff) Category or Shifting of Service Connection on mutually agreed terms and conditions with the Distribution Licensee if the licensee agrees to do so. Chapter 10 ------------ ### 10. Security Deposit. - 10.1 Distribution Licensee may require any person to whom supply or additional supply of electricity has been sanctioned to deposit security amount. Provided that a person to whom supply of electricity has been sanctioned through prepayment meter shall not be required to deposit any security amount. Provided further that a consumer who has deposited security amount and subsequently opts and is allowed to receive supply through a prepayment, shall be refunded such security deposit by way of adjustment to the prepayment credit to the account of such consumer from which the value of his future consumption is to be deducted. 10.2 The amount of security mentioned in Clause 10.1 of these Regulations above shall be equal to the three months average billing amount. For the purpose of determining the average billing under these Regulations, the average of the billing of the consumer for the last twelve months or in case where supply has been given for the shorter period, the average of the billing of such shorter period, shall be calculated. Provided that in the case of seasonal consumer, the average of the billing for the season for which supply is provided shall be calculated. Explanation. - "seasonal consumer" means consumer who normally use electricity supply for a purpose which operates for a particular part of the year not exceeding nine (9) months. 10.3 Where the distribution licensee requires security from a consumer at the time of commencement of service, the amount of such security shall be estimated by distribution licensee based on the tariff, Contract Demand /Sanctioned Load, Load Factor, Diversity Factor, and number of working shifts. 10.4 The Distribution Licensee shall recalculate the amount of security based on the Actual billing of the consumer once in each financial year. Where the amount of security deposited by the consumer is more than 110% of such calculated security for the financial year the licensee shall refund the excess amount over the calculated security amount to the consumer by way of adjustment in the minimum possible number of succeeding bills of the consumer. In case where the amount of security deposited by the consumer is less than 90% of the such security calculated for the financial year the licensee shall be entitled to serve notice to the consumer to deposit the amount of shortfall in security from the calculated security amount within 30 days and if the consumer fail to deposit the security amount within due date his service connection may be disconnected. 10.5 The Distribution Licensee may adjust and debit any amount which is due or owing from the consumer against the security deposited by him. [10.6 The Distribution Licensee shall pay interest on the amount of security deposit by the consumer at a rate prevalent to bank rate of the Reserve Bank of India.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 214 Dated - 16/04/2007.] 10.7 Upon termination of supply, the Distribution licensee after adjusting and debiting any amount due or owing form the consumer against the security deposited by him refund the balance amount of security within 60 days to the person who deposited the security under intimation to the consumer if different from such person. Provided that if the Distribution Licensee fails to make payment of balance amount of security payable to the consumer upon termination of supply within 60 days of termination of supply, the licensee shall pay interest to the consumer for the period of delay over 60 days at a rate 2% higher than the Bank rate. Chapter 11 ------------ ### 11. Electricity Billing. - 11.1 Intervals of Electricity Bills 11.1.1 Bills shall be issued at periodicity of not more than 2 months in respect of meter reading based billing of domestic, commercial, agricultural services and other category of services. 11.1.2 The consumer shall be informed in advance of the periodicity of billing for his service (monthly or bimonthly), and period in the calendar month when his meter will be read. 11.1.3 The due date for payment shall be for the L.T Domestic, Commercial and Agricultural consumers minimum 15 days after the issue date of bills and in case of all other categories of consumers minimum 21 days after the issue date. The licensee shall ensure distribution of bills within 5 days of the issue of bills. The licensee shall obtain acknowledgement of the receipt of bills by the consumer. 11.1.4 Generally there should be fixed schedule of billing date and due date for each area. The licensee shall through a general notice provide information regarding time schedule of dispatch and due date of bills issued for a particular area and location and address of the billing office and collection centre. 11.1.5 The Licensee shall issue the first bill for all services energized during a billing cycle, in the third billing cycle counting the billing cycle in which service has been energized as first. In case, the consumer does not receive the first bill in the 3rd billing cycle from date of energizing the connection, he may report to the billing officer of the Licensee who shall issue the bill within next 17 days. 11.2 Billing in absence of meter reading. - 11.2.1 In case for any reason the meter is not accessible and hence has not been read during any billing period the distribution licensee shall send bill on the basis of consumption of the last billing period in which the meter reading was taken. No such bill on average basis due to non-availability of reading will be issued for more than two consecutive billing cycles. Provided that the amount paid shall be adjusted after the readings are taken in subsequent billing period. 11.2.2 If the meter remains inaccessible for reading for two consecutive billing cycles, the Distribution licensee shall serve 7 days notice to the consumer to make meter accessible on the days stipulated in the notice. If the consumer fails to keep the meter accessible on the days stipulated in the notice, the same shall be treated as refusal of entry under provision of Subsection (3) of Section 163 of the Act and service line of the consumer may be disconnected under provisions of this section. 11.2.3 Without prejudice to the provisions of the Act nothing in Clause 11.2.2 of the Regulation shall apply where consumer has provided prior information to the licensee, with cogent reasons for temporary inaccessibility to the meter and has agreed to make payment on the basis of consumption estimated by the licensee. 11.3 Billing in the event of Defective meters. - 11.3.1 Subject to the provisions of Part XII and Part XIV of the Act in case of a defective meter not recording accurately (slow or fast) the bill of the consumer shall be adjusted on the basis of the test report of the meter for the period of the meter was defective subject to a maximum period of three months prior to the date on which the defect was detected. Provided that before testing the meter licensee shall give 7 days notice to the consumer to be present during testing of meter intimating date, time and place of testing and if the consumer or his representative is present the testing shall be done in his presence and he will sign the report as a token of witness. Provided further that in case the meter is defective or burnt and has stopped recording or lost, the consumer shall be billed on the basis of the average consumption of the last twelve months immediately preceding the month in which meter was last read (including that month) for the period for which meter was stopped recording subject to maximum period of 3 months. Provided that in case of tampering the assessment shall be carried out as per provisions of Section 126 or Section 135 of the Act, depending on the circumstance of each case. 11.4 Change of Occupancy/ Vacancy of Premises. - 11.4.1 For the reason of change of occupancy or otherwise if the premises is to be unoccupied for long period the consumer or occupier of the premises may seek final bill for payment of the charges till the date of occupancy and temporary disconnection thereafter. In such cases consumer or the occupier of the premises shall inform in writing to the billing officer of the licensee at least 30 days before the date of vacation to take final reading and issue final bills for payment. The licensee shall arrange to take final reading at least 15 days before vacation of the premises and issue final bill at least 7 days before vacancy date including the charge for the period from final reading (15 days) to vacancy date on prorata basis along with arrears if any, and disconnection charges. The consumer or occupier of the premises shall pay the final bills before the date of vacancy and the licensee shall disconnect the service connection on the date next to vacancy date. The line may be reconnected only after written request for the same after payment of reconnection charges along with fixed charges/minimum monthly charges if any for the period from date of disconnection to the date of reconnection. After payment of final bills the licensee shall not have right to recover any charges for any period prior to the date of disconnection or date of vacancy. 11.5 The following information shall be included in the bill. - (a) Name and Address of the billing office. (b) Bill Number. (c) Consumer No. , name and address. (d) Name of the sub-division / section. (e) Tariff/Category of consumer (i.e. domestic /commercial etc.). (f) Status of meter OK/defective/not available. (g) (i) Type supply (i.e. single phase, three-phase LT or HT). (ii) Contracted load/ Connected load. (h) Meter No. - in case replacement of energy meter is involved during the billing period, the meter number of old and the new meters, date of replacement, final reading of old meter and initial reading of new meter at the time of replacement of the meter shall also be indicated on the bill. (i) Billing period (dates to be mentioned). (j) Initial meter reading with date. (k) Final meter reading with date. (l) Multiplying Factor of the meter if any. (m) Units consumed. (n) Date of the bill and due date of payment. (o) Billing details: - The item wise details for the current month demand and arrears shall be furnished in the bill. A representative list is given below: (1) Energy / Monthly Minimum Charges. (2) Fixed Charges. (3) Capacitor surcharges (4) Other Charges if any (5) Electricity Duty (6) Fuel Cost adjustment charges (7) Surcharge for low power factor (8) Surcharge for delay. (9) Interest on installments due (10) Total current month demand Arrears - With details. (11) Others (With details) (12) Total amount due (13) Adjustment (14) Net amount (p) Mode of payment with details of collection centre including working hours. (q) Designation addresses and telephone no. of authorities with whom complaints or grievances can be lodged and address and telephone numbers of the Forum and Electricity Ombudsman constituted under Section 42 of the Act. (r) In case of cheques and bank drafts, the receiving authority in whose favour the amount should be drawn. 11.6 Payment of Electricity Bill. - 11.6.1 All consumer shall pay the bills/charges for supply of electricity by due date failing which the licensee may disconnect the electricity service subject to provision of Clause 11.11 of these Regulations. The payment of bill shall normally be made at the specified local collection center of the Licensee on any working day during prescribed hours or through any other facility like e-service (if available), banks , post offices, Internet etc. as may be provided by the licensee. Licensee shall establish sufficient number of collection centers at suitable locations with necessary facilities where consumer can deposit the bill amount with ease and without undue congestion. Wherever necessary a separate collection centers should be provided for Senior Citizens, physically challenged person and women. 11.6.2 The licensee may, however, specify any collection centers for making payment for group of consumers in addition to specified collection centre of the Licensee, where arrangement shall be made by licensee to accept payment of bills both by cash and DD/Cheque. 11.6.3 In case the due date in the bill for payment of the amount is a Sunday or Public Holiday, the next working day shall be treated as the due date. 11.6.4 The consumer shall present his bill at the time of payment without which payment will not be normally accepted. However if the consumer is unable to present his bill due to non-receipt of the same and if the consumer applies for duplicate bill at the concerned Billing Office to enable him to make payment of his electricity bill, the licensee shall issue duplicate bill within 3 days of receipt of application. Non-receipt of the bill shall not entitle the consumer to delay the payment beyond the due date. 11.6.5 The consumer shall be issued proper receipt for the payment made by him to the licensee. Bank certificate that money is transferred to licensee's account is sufficient proof of payment. In case payment of by credit card, the statement of account of the said credit card may be accepted as proof of payment. 11.6.6 In case a cheque given by the consumer is not honored and payment is not made, Action may be initiated by the Licensee for disconnection, treating as a case of non-payment as per Clause 11.11 The Licensee may not accept payment through cheque from such consumer for period of one year from the billing month for which the cheque given by the consumer has bounced. For that particular one year, the consumer may be required to pay his bill in cash/ by DD only. This shall be without prejudice to other rights of the Licensee to proceed against the consumer for dishonor of the cheque. 11.6.7 Advance payment of anticipated bills by consumer: - The consumer shall have the facility to make advance payments of the Charges for supply of electricity and require the Licensee to adjust the amount against bills that may be raised by the licensee in subsequent months. Such advance payments shall not attract any interest. 11.7 Additional Charges for Belated Payment of bills.- In case the consumers do not pay the bill by the due date mentioned in the bills, delay payment surcharge for delayed payment of bills shall apply as per tariff orders issued from time to time. 11.8 Adjustment of the Amount of paid by the Consumer.- The amount paid by the consumer shall first be adjusted as per the priorities stated hereunder: (1) Against arrears. (2) Against Delay payment surcharge. (3) Against current month charges 11.9 Installment facility. - Licensee may grant the facility of payment of arrear bill in installments. 11.9.1 Grant of installment facility shall not affect the liability of the consumer to pay surcharge for delayed payment as per tariff notifications issued from time to time, till full payment and clearance of arrears. 11.9.2 The Licensee shall designate and notify the authorities that may grant installment facilities for different service category, (HT& EHT). 11.10 Erroneous/Disputed Bills. - 11.10.1 In case the bills are wrong the consumer shall make the full payment of the electricity bill amount under protest by due date to avoid disconnection. Provided that the supply of electricity shall not be cut off if such consumer deposits, under protest - (a) An amount equal to the sum claimed from him, or (b) The electricity charges due from him for each month calculated on the basis of average of amount for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute raised by the consumer on the bills. 11.10.2.1 In case of wrong bills the consumer will make written complaint to the notified office of the distribution licensee for necessary correction. The Licensee shall resolve the billing disputes as per the Act and the Regulations notified by the Commission failing which the consumer shall be entitled for compensation as prescribed by the Commission under Section 57(2) of the Act. 11.10.3 On examination of the complaint, if the Licensee finds the bill to be erroneous, a revised bill shall be issued to the consumer indicating a revised due date of payment, which should be fixed not earlier than seven days from the date of delivery of the revised bills to the consumer. If the consumer has paid any excess amount, it shall be refunded to the consumer within 15 days or if consumer opts, be adjusted in the minimum possible number of subsequent bills. The licensee shall pay to the consumer interest charges at the rate equivalent to the delay payment surcharge as per tariff on the excess amount outstanding on account of such wrong billing from the date of payment till the date of refund or adjustment in subsequent bills. 11.10.4 If the Licensee finds the bills to be correct, the consumer shall be intimated accordingly. 11.11 Disconnection of Service. - 11.11.1 Disconnection due to non-payment: Where a consumer neglects to pay any charge for supply electricity or any other sum due from him to the Licensee, by the due date mentioned in the bill, the licensee may, after giving not less than fifteen (15) clear days' notice in writing to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off supply of electricity and for that purpose disconnect any electric supply line or other works being the property of such licensee through which electricity may have been supplied, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer. 11.11.2 Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after a period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. 11.11.3 In case of continued default in payment of electricity charges and any sum due to licensee by any consumer, the Licensee shall be entitled to terminate the agreement executed by the consumer as per the terms and conditions of supply of the Licensee as approved by the Commission. Chapter 12 ------------ ### 12. Restoration of supply of electricity. - If any service is disconnected on account of non-payment of electricity charges by the consumer or any other charges due to licensee from him the consumer has to pay the charges due from him in addition to charges for disconnection and reconnection. The licensee shall restore the electrical supply within 24 hours of payment of charges along with disconnection and reconnection charges by consumer in towns and cities, and within 48 hours after the payment of charges along with disconnection and reconnection charges by consumer in rural areas. Chapter 13 ------------ ### 13. Meters. - 13.1 No new connection shall be given without a correct meter of prescribed specification as per the Act. 13.2.1 The distribution licensee shall supply the meter and accessories unless the consumer elects to purchase a meter. Provided that the consumer shall have to pay monthly rent for the meter installed in his service connection as per the schedule of charges approved by the Commission as per Clause 17 of these Regulations. Provided further that the distribution licensee may require the consumer to provide security for the price of the meter. 13.2.2 Consumer shall have to accept installation of appropriate metering device, load limiter, meter box and other accessories if the Distribution Licensees approaches him to install one for the purpose of electricity supply to him and the consumer shall provide suitable site/place for fixing such meter and accessories to the satisfaction of the licensee. Wherever required the consumer shall provide and maintain at his expense a locked and weather proof enclosure of a design approved by the licensee for the purpose of housing meter and other terminal structure and accessories. 13.2.3 Where consumer elects to purchase meter he shall be entitled to purchase it from any supplier of correct meter with specification laid down by the Authority under Section 55 of the Act. Provided that till the regulations specified by the Authority under Section 55 of the Act, the consumer may purchase the meter in accordance with the specification laid down by the licensee. Provided further that where the consumer elects to purchase meter from supplier other than the distribution Licensee, the Distribution licensee shall be entitled to test the meter for correctness prior to installation. 13.3 Lost, Burnt or Defective and Inoperative Meter. - 13.3.1 Consumer shall be responsible for the safe custody of the meter and accessories installed in their premises. Where upon complaint of the consumer or inspection by the authorized representative of the Distribution Licensee, the meter is found to be burnt, lost or defective and inoperative, it shall be replaced and supply restored to the consumer. Provided that the Distribution Licensee may recover the price of new meter from the consumer. Provided further that in case of lost meter the replacement of meter and restoration of supply shall be done by the licensee after a copy of F.I.R lodged in this regards by the consumer in respective police station is provided by the consumer to the licensee. 13.4 Testing and Maintenance of Meter. - 13.4.1 The distribution licensee shall be responsible for maintenance of correct meters for providing electricity supply to consumer and its periodic testing. 13.4.2 Upon written request of the consumer or otherwise if the authorized representative of the Distribution Licensee finds the meter defective and not recording accurately on inspection, the meter shall have to be tested for accuracy at a third party facility approved by the Commission. Provided that in case of testing on the request of consumer, the consumer shall have to pay the testing fee approved by the Commission as per clause 17 of these regulations. Provided further that, if the meter is found to be recording more than the actual consumption, the test fee shall be refunded to the consumer by the licensee by adjustment in the subsequent bill. 13.4.3 Before testing the meter of a consumer 7 (seven) days notice shall be issued to the consumer intimating date, time and place of testing for the consumer or his authorized representative to be present during the testing. Consumer or his authorized representative present during testing will sign the test report as a token of witness. 13.4.4 The Distribution Licensee shall issue rectified bills on the basis of the test report with a copy of the Test Report to the consumer within one month of the testing. Chapter 14 ------------ ### 14. Right of licensee to enter consumer premises and to remove fittings or other apparatus of licensee. - 14.1 A licensee or any other person duly authorized by him may, at any reasonable time, and on informing the occupier of his intention, enter any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of : (a) Inspecting, testing, repairing or altering the electric supply-lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee; or (b) Ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or (c) Removing any electric supply-lines, meters, fitting, works or apparatus belonging to the licensee where a supply of electricity is no longer required, or the licensee is authorized to take away and cut off such supply. 14.2 A licensee or any person authorized as aforesaid may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier enter: (a) Any premises or land referred to in Clause 14.1 for any of the purposes mentioned therein, or (b) Any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer. 14.3 Where a consumer refuses to allow a licensee or any person authorized as aforesaid to enter his premises or land in pursuance of the provisions of Clause 14.1 or Clause 14.2 refuses to allow him to perform any Act which he is authorized by those Clauses to perform, or fails to give reasonable facilities, the Licensee may after expiry of twenty-four hours from the service of a notice in writing on the consumer, disconnect the supply to the consumer till such refusal or failure continues, but no longer. 14.4 Where there is reason to believe that electricity has been, is being or is likely to be used un-authorizedly in place of premises, an officer authorized by the State Govt. under Section 135 of the Act may (a) Enter, inspect break open and search any place or premises in which he has to believe that electricity has been, is being, or is likely to be, used unauthorizedly; (b) Search, seize and remove all such devices, instrument, wires and any other facilitator or article which has been, is being, or is likely to be, used for unauthorized use of electricity; (c) Examine or seize any books of account or documents which in his opinion shall be useful for or relevant to , any proceedings in respect or the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts there from in his presence. The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list. 14.5 No inspection, search and seizure of any domestic place or premises shall be carried out after sunset till sunrise except in the presence of an adult male member occupying such premises. Chapter 15 ------------ ### 15. Tampering, distress or damage to electrical plant, lines or meter. - 15.1 No person other than the authorized representative of the Distribution Licensee or any other person authorized under the Act and rules and regulations made there under shall be authorized to operate, handle, remove or interfere with any electrical plant, electric lines, meters equipment etc. of the Distribution Licensee or break remove erase or other wise interfere with the seals, name plates and identification numbers or marks affixed on such property of the Distribution License , placed in the consumer premises. 15.2 If any consumer adopts any electrical appliance which is likely to affect injuriously the supply of other consumers or uses the energy supplied or deals with it in any manner so as to unduly or improperly interfere with the efficient supply of energy to any other person by the licensee; the licensee may discontinue the supply so long as such an appliance is so adopted or the energy is so used or dealt with. 15.3 If the equipment i.e. electrical plant, lines or meter etc. of the licensee placed in the consumer premises is found tampered, distressed/damaged, the licensee shall be entitled to recover the expenses incurred for restoration of such plant, line, meter etc., without prejudice to his right to take Action under appropriate provisions of the Act, including disconnection of supply under Section 56 of the Act for non-payment of the cost for replacement/rectification. [15.4 Wherever un-authorized use of electricity is being indulged in, the licensee may discontinue the electricity supply so long as such unauthorized use of electricity is being done without prejudice to the right of licensee to take action under law including Section 126 of the Act.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 348 Dated - 29/04/2008.] [15.5 Section 126 of the Electricity Act 2003 is for assessment of the charges for unauthorized use of electricity. This provision would also be applicable to those cases where action is taken for offences under Section - 135 of the Electricity Act 2003 and the situation of alleged commitment of offence is covered under the provisions of Section 126 of the Electricity Act 2003.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 579 Dated - 08/08/2008.] 15.6 Wherever un-authorised use of electricity is detected and the assessing officer issues a final order, the consumer shall be entitled to file an appeal to the appellate authority under Section 127 of the Act. [15.7 Method for assessment of electricity charges in case of Unauthorized Use of Electricity (UUE) - (i) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the Assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess the electricity charges payable by such person or by any other person benefited by such use as per the procedure in the following sections: (ii) Unauthorised use of electricity shall be as defined in 'Explanation (b) 'under section 126 of the Electricity Act 2003, reproduced as under: (b) "unauthorised use of electricity " means the usage of electricity- (i) by any artificial means; or (ii) by a means not authorised by the concerned person or authority or licensee; or (iii) through a tampered meter; or (iv) for the purpose other than for which the usage of electricity was authorised; or (v) for the premises or areas other than those for which the supply of electricity was authorized. (iii) Exemption: Following activities shall not be considered as unauthorized use of electricity: (a) Where a consumer is billed on demand basis but the connected load exceeds the sanctioned load. In such cases one month notice is to be served by the Licensee indicating additional load to be regularised by the consumer. (b) Use of supply for a religious, social function or any other non-commercial activity by the consumer himself, not exceeding three days, in his own or adjoining premises, provided total operating load does not exceed the sanctioned load of the consumer. Procedure for booking a case of Unauthorized Use of Electricity (iv) The Licensee shall publish the list of Assessing officers, prominently in all the Offices and the Photo Identity Card issued to such officers shall indicate so. (v) An Assessing officer, suo motu or on receipt of reliable information regarding unauthorized use of electricity shall promptly conduct inspection of such premises and shall be present at the time of conducting inspection of such premises. (vi) The inspection team of the Licensee, headed by such Assessing officer shall carry along with them their Visiting Cards and Photo Identity Cards. Photo Identity Card should be shown and Visiting Card handed over to the consumer before entering the premises. (vii) The Assessing officer shall prepare a report giving details such as connected load, condition of seals, working of meter and mention any irregularity noticed (such as, artificial means adopted for unauthorized use of electricity). (viii) The report shall clearly indicate whether sufficient evidence substantiating the fact that unauthorized use of electricity was found or not. The details of such evidence should be recorded in the report and the material utilised for the purpose shall be kept as a proof. (ix) The report shall be signed by the Assessing officer, each member of the inspection team and by the consumer, if the consumer fails to sign the report then the same has to be recorded in the inspection report and the report must be handed over to the consumer or his/her representative at site immediately under proper receipt. In case of refusal by the consumer or his/her representative to either accept or give a receipt, a copy of inspection report shall be pasted at a conspicuous place in/outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under Registered Post/Speed post on the day or the next day of the inspection. (x) Within three working days of the date of inspection, the Assessing officer shall, analyze the case after carefully considering all the evidence including the consumption pattern, wherever available and the report of inspection. If it is concluded that no unauthorized use of electricity has taken place, no further action will be taken. Notice to consumer (xi) If the Assessing officer as per clause 15.7 (x) suspects that the unauthorized use of electricity has taken place, he shall serve a provisional assessment order assessed as per clause 15.7 (xx) and (xxi) of these Regulations alongwith show cause notice to the consumer, giving reasons as to why a case of unauthorized use of electricity should not be booked against such consumer. The show cause notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed. (xii) The person, on whom an order has been served under clause 15.7 (xi) of these Regulations shall be entitled to file objections, if any, against the provisional assessment before the Assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment. (xiii) If the provisional assessment amount is deposited within seven days of the service of such provisional assessment order on the consumer, the reply to the notice shall not be necessary. Consumer's reply submission (xiv) The consumer shall submit his/ her reply within fifteen days of receipt of show cause notice to the concerned officer mentioned in clause 15.7 (xi) of these Regulations. (xv) In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clause 15.7 (xvi) and (xvii) of these Regulations. Hearing (xvi) Within five days from the date of submission of consumers' reply, the Licensee shall arrange a hearing with the consumer. (xvii) During the hearing, the Assessing officer shall give due consideration to the facts submitted by the consumer and pass, within five working days, a speaking order as to whether the case of unauthorized use of electricity is established or not. The order shall contain the brief of inspection report, submissions made by consumer in his written reply and oral submissions during hearing and reasons for acceptance or rejections of the same. Assessment (xviii) In cases where unauthorized use of electricity is not established based on consumer's reply submission / hearing, further proceedings shall be discontinued and case of unauthorized use of electricity shall be dropped immediately. (xix) Where it is established that there is a case of unauthorized use of electricity based on consumer's reply submission/ hearing , the Assessing officer shall assess the energy consumption taking into consideration the following: (xx) The Assessing officer shall assess the energy consumption considering the following: (a) Period of assessment: If the Assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorized use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve (12) months immediately preceding the date of inspection. (b) Assessment charge: The assessment for the units assessed as per clause 15.7 (xxi) of these Regulations shall be made at a rate equal to twice (2 times) the tariff rates applicable for the consumer as per the latest Tariff order, excluding the consumption recorded by the meter or already billed during the assessment period at applicable tariffs. (c) If a consumer is found indulging in more than one act of unauthorized use of electricity, the charges payable by the consumer in respect of each such unauthorized use shall be separately assessed and billed accordingly. (xxi) The methodology for assessment of consumption for unauthorized use of electricity shall be as follows: Assessment shall be based on the data obtained from the meter (in case of electronic meter through MRI) and shall be given as: = (Average Monthly consumption for the Period of assessment (units) ) x (Period of assessment (in months or fraction thereof), assessed as per clause 15.7 (xx) (a) of these Regulations) Provided the meter has been in working condition for at least nine months of the assessment period; Provided further that the connection of the consumer has been energized for at least nine months prior to the date of inspection for unauthorised use of electricity; If the above conditions are not satisfied then the assessment shall be as per the assessment formula given in clause 1.1 of ANNEXURE-I to these Regulations. (xxii) The final assessment order shall be served on the consumer under proper receipt. The consumer shall be required to make the payment within seven days of its proper receipt. A copy of the speaking order shall also be handed over to the consumer under proper receipt. (xxiii) The order of final assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as prescribed by the State Government under section 126(2) of the Act. (xxiv) Any person served with the order of final assessment, may, accept such assessment and deposit the assessed amount with the Licensee within seven days of service of assessment order upon him. (xxv) In case of non-payment of bill amount within seven days of serving the final assessment order, the connection will be disconnected by serving a fifteen days notice, which will not be reconnected until the assessed amount is deposited. In case of non-payment, the amount will be shown as arrear in the regular bill. (xxvi) When a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent, per annum compounded every six months. (xxvii) Appeal to Appellate Authority: Any person aggrieved by the final order served by the Assessing officer may, within 30 days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as specified by the Commission in the Jharkhand State Electricity Regulatory Commission (miscellaneous provision) Order, 2003 and subsequent amendments, to an Appellate Authority. (xxviii) No appeal against an order of assessment under section (xxvii) above shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal. (xxix) The Appellate Authority will dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the Assessing officer and the appellant. The order of the Appellate Authority shall be final and shall not be appeal-able (xxx) The consumer will be served with a revised bill as per final order of the Appellate Authority to be paid in seven days. (xxxi) If a consumer defaults in making the payment within seven days of serving the final order of the Appellate Authority, the connection will be disconnected after serving a fifteen days notice which will not be reconnected until the bill amount is cleared. In case of non-payment, the amount will be indicated as arrear in regular bill and action will be taken for recovery. (xxxii) An interest of 16% per annum will be charged on the amount as per final order of the Appellate Authority after thirty days from the date of final order, compounded every six months as per section 127(6) of the Act.] [15.8 Method for assessment of electricity charges in case of theft of electricity. - (i) . Whenever a case of theft of energy is detected, the Authorized officer shall carry out assessment, in accordance with the procedure as laid down in the sections below: Procedure for booking a case of theft of electricity (ii) The Licensee or supplier shall publish the list of the Authorized officers prominently in all the Offices and the Photo Identity Card issued to such officers shall indicate so. (iii) An Authorized officer, suo motu or on receipt of reliable information regarding theft of electricity shall promptly conduct inspection of such premises. (iv) The inspection team of the Licensee or supplier, headed by such Authorised officer shall carry along with them their Visiting Cards and Photo Identity Cards. Photo Identity Card should be shown and Visiting Card handed over to the consumer before entering the premises. Photo Identity Card of the Authorised Officer shall clearly indicate that he has been nominated as Authorized officer as per provisions of Section 135 of the Act. (v) The Authorised officer shall prepare a report giving details such as connected load, condition of meter seals, working of meter and mention any irregularity noticed (such as tampered meter, artificial means adopted for theft of energy). (vi) The report shall clearly indicate whether sufficient evidence substantiating the fact that theft of energy was found or not. The details of such evidence should be recorded in the report. (vii) No case for theft shall be booked only on account of seals on the meter missing or tampered or breakage of glass window, unless corroborated by consumption pattern of consumer and such other evidence as may be available. (viii) In case sufficient evidence is found to establish direct theft of electricity, Licensee or Supplier as per Section 135 sub-clause (1A) of the Act shall disconnect the supply and seize all material evidence including wires/cables, meter, service line etc., from the premises and shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection. The Authorized officer of the Licensee or Supplier shall within two days from date of inspection, file a case against the consumer in designated Special Court as per the provisions of Section 135 of the Act. Copy of filing shall be served on the consumer under proper receipt within two days of such filing. (ix) The Authorized officer shall assess the energy consumption as per the assessment formula given in ANNEXURE-I to these Regulations, for the entire period during which such theft of electricity has taken place and if, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 (twelve) months immediately preceding the date of inspection and prepare assessment order on twice (2) the rates as per applicable tariff and serve on the person under proper receipt. In case of a regular metered connection, where a case of theft of electricity is detected, units allowed to be recorded in the meter for which bills have been raised by the licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer. (x) In case of suspected theft, the Authorised officer shall remove the old meter under a seizure memo and seal it in the presence of the consumer/ his representative and the Authorised officer and the consumer have to sign on the seal borne on the meter. The Licensee or supplier shall continue the supply to the consumer with a new meter. The old meter shall be tested in the presence of the consumer and the Authorised officer at a third party facility approved by the Commission which shall give a test report, in writing, which alongwith photographs/ videographs shall constitute evidence thereof. The Authorised officer shall record reasons to suspect theft in the premises in his report. (xi) The report shall be signed by the Authorized officer and each member of the inspection team and the same must be handed over to the consumer or his/her representative at site immediately under proper receipt. In case of refusal by the consumer or his/her representative to either accept or give a receipt, a copy of inspection report must be pasted at a conspicuous place in/outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under Registered Post/Speed Post on the day or the next day of the inspection. Provided that, in case of suspected theft, if the consumption pattern for last one year is reasonably uniform and is not less than 75% of the assessed consumption, no further proceedings shall be taken and the decision shall be communicated to the consumer under proper receipt within three days and connection shall be restored through original meter. (xii) After detailed examination of the evidence and the consumption pattern of the consumer, if the Licensee or supplier is convinced that a prima-facie case is made out for the abstraction, consumption or use of electricity dishonestly against the consumer, the Licensee or supplier shall, within seven days of inspection, serve a provisional assessment order assessed as per clause 15.8 (xxi) of these Regulations alongwith show cause notice to the consumer,giving reasons, as to why a case of theft should not be booked against such consumer giving full details for arriving at such decision and points on which reply has to be submitted. The notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed. (xiii) Incase show cause notice is not served even after thirty days from date of inspection by the Licensee or supplier, the case of suspected theft shall be considered as dropped and no further action can be initiated against the consumer. (xiv) Theft shall not be limited to physical interference with the meter found during physical inspection. It shall also include theft committed by resorting to external methods such as remote control/ high voltage injection etc. which interfere with the accurate registration of energy consumed. Theft of electricity may be established by analysis of metering data down-loaded by a third party facility approved by the Commission. In case theft of energy is determined by way of meter down load, the provisional assessment order assessed as per clause 15.8 (xxi) of these Regulations alongwith show cause notice will be sent to the consumer/user. The notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed. (xv) The person, on whom an order has been served under clause 15.8 (xii) and (xiv) of these Regulations shall be entitled to file objections, if any, against the provisional assessment before the Authorized officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment. Consumer's reply submission (xvi) The consumer shall submit his/ her reply within fifteen days of receipt of show cause notice to the concerned officer mentioned in clause 15.8 (xii) and (xiv) of these Regulations. (xvii) In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clause 15.8 (xviii) and (xix) of these Regulations. Hearing in case of suspected theft (xviii) Within five days from the date of submission of consumers' reply, the Licensee or supplier shall arrange a hearing with the consumer. The consumer may be given another opportunity in case he fails to appear for the hearing. In case, the consumer fails to appear for the second time, the Licensee may proceed against the consumer. (xix) During the hearing, the Authorized officer shall give due consideration to the facts submitted by the consumer and pass, within five working days, a speaking order as to whether the case of theft is established or not. The order shall contain the brief of inspection report, submissions made by consumer in his written reply and oral submissions during hearing and reasons for acceptance or rejections of the same. Assessment (xx) In case of the decision based on the consumer's reply / hearing wherein the case of theft is not established, no further proceedings shall be required and electricity connection shall be restored through original meter. (xxi) Where it is established that there is a case of theft of energy based on the consumer's reply / hearing, the Authorized officer shall assess the energy consumption as per the assessment formula given in ANNEXURE-I to these Regulations, for the entire period during which such theft of electricity has taken place and if, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 (twelve) months immediately preceding the date of inspection and prepare assessment order on twice (2) the rates as per applicable tariff and serve on the person under proper receipt. In case of a regular metered connection, where a case of theft of electricity is detected, units allowed to be recorded in the meter for which bills have been raised by the licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer. (xxii) The consumer shall be required to make the payment within seven days of its proper receipt. (xxiii) The Licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provision of these regulations, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to the clause 13(A) (1A) of the Electricity (Amendment) Act, 2007, restore the supply line of electricity within forty eight hours of such deposit or payment. (xxiv) If the person does not make payment within the stipulated time, the Licensee or supplier shall proceed to recover its dues against the assessment order. (xxv) In all cases where theft of electricity has been detected, the Licensee or supplier shall file the case with Appropriate Court for decision in the matter unless the offence is compounded under Section 152 of the Act. (xxvi) In case of default by the person in payment of assessed amount, the person, in addition to the assessed amount, shall be liable to pay, on expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent per annum compounded every six months pending adjudication by Appropriate Court.] Chapter 16 ------------ ### 16. Wiring of Consumer Premises. - 16.1 The work of electrical wiring and electrical installation at the consumer premises beyond the point of supply shall be carried out by the consumer and shall conform to the standards and specifications as prescribed in Indian Electricity Rules 1956 until the rules and regulations for the same are notified under the provisions of the Act. Chapter 17 ------------ ### 17. Schedule of Charges. - 17.1 Every Distribution licensee including the deemed licensee shall within three (3) months from the date of notification of these regulations or within three(3) months of the grant of licensee, which ever is later, file with the Commission for approval, a Schedule of Charges for matters contained in these Regulations and for such other matters required by the Distribution Licensee to fulfill his obligations to supply electricity to the consumers under the Act or rules and regulations there under. Provided that the Distribution licensee shall file the Schedule of Charges along with every application for determination of tariff under Section 64 of the Act together with such particulars as Commission may require. 17.2 The Commission shall after examining the schedule of charges filed by the licensee and after considering the views of all interested parties issue an order granting its approval thereon with such modifications, alterations or such conditions as may be specified in that order. Provided that the schedule of charges approved by the Commission shall unless and otherwise amended or revoked, continue to be in force. 17.3 The existing Schedule of Charges of the Distribution Licensee shall continue to be in force until such time as the schedule of charges submitted by the Distribution Licensee under Clause 17.1of these Regulations is approved by the Commission. Chapter 18 ------------ ### 18. Service of Notice. - 18.1 Any order/ notice to the consumer by the licensee including the notice under Section 56 of the Electricity Act, 2003 shall be deemed to be duly served by the licensee if it is: (a) Sent by registered post, under certificate of posting, by courier, or other similar means, or (b) Delivered by hand to the person residing at the address notified to the licensee by the consumer, or (c) Affixed at a conspicuous part of such premises in case there is no person, to whom the same can with reasonable diligence, be delivered. Chapter 19 ------------ ### 19. Information to Consumers. - It shall be duty of the Distribution Licensee to Supply Copy the following. (a) The Electricity Supply Code Regulations. (b) Standards of Performance of Distribution Licensee. (c) Tariff and schedule of charges approved by the Commission. (d) Application Forms for connection, reconnection, etc. (e) Consumer complaints handling rules and procedures of the Distribution Licensee. (f) Safety rules and precautions. (i) To each applicant for new connection along with the application form (ii) To the consumer upon request upon payment of reasonable price approved by the Commission. (iii) By making of available on website of the licensee in downloadable format. Chapter 20 ------------ ### 20. Saving & Interpretation. - These Regulations shall be read and construed in all respects as being subject to the provisions of the Electricity Act 2003, and nothing herein above contained in these Regulations shall affect, abridge or prejudice the rights of the Licensee and the consumer under any other Law for the line being in force including the consumer protections Act, 1986. Chapter 21 ------------ ### 21. Powers to remove difficulties. - If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may be general or special order, direct the Distribution Licensee, the Forum and the Ombudsman to take suitable Action, not being inconsistent with the Electricity Act, 2003, which appears to the Commission to be necessary or expedient for the purpose of removing difficulties. Power to amend:- The Commission may, at any time vary, alter, modify or amend any provision of these Regulations. [ANNEXURE-I [As per Amendment issued by Jharkhand State Gazette Notification No.- 501 Dated - 01/09/2010.] ] Assessment of energy in cases of theft 1.1 The assessment formula for calculation of the consumption due to theft of electricity shall be as under:- Units assessed = L x D x H x F Where, L is load (Connected load found in the consumer's premises during the course of inspection) in kW; D is the period of assessment in days; H is the average number of hours per day of power supply made available in the distribution mains feeding the consumer. It will be based on hours of supply recorded in the meter of the consumer/ check meter of the consumer /meter of the distribution transformer, supplying power to the assessee/ meter on the feeder installed in the power sub-station, supplying power to the assessee/ records available in the power sub-station or grid sub-station; F is load factor, which shall be taken for different categories of use as given below: | | | | | --- | --- | --- | | S. No. | Particulars | Load factor (%) | | 1 | HT (including load above 75 kW for non domestic and above107 HP or 100 kVA for industries on LT) | 100.00% | | 2 | LT Industrial(107 HP or 100 kVA) | 75.00% | | 3 | Non- domestic (upto 75kW) | 50.00% | | 4 | Domestic (upto 75 kW) | 40.00% | | 5 | Domestic HT (including load above 75kW on LT) | 40.00% | | 6 | Agriculture | 50.00% | | 7 | Water supply | 50.00% | | 8 | Street light | 50.00% | | 9 | Direct theft - All categories | 100.00% | Assessment of energy in case of temporary connection 1.2 In the case of temporary connection, the assessment of units consumed for theft of electricity shall be done as under: Units assessed = L x D x H Where, L = Load (found connected at the time of inspection) in kW; D = Period of assessment in days; and H = 6 hours for agriculture connections and 12 hours for others. [As per Amendment issued by Jharkhand State Gazette Notification No.- 501 Dated - 01/09/2010.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 501 Dated - 01/09/2010.]
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State of Meghalaya - Act -------------------------- The Jaintia Hills Autonomous District (Court-Fees) Rules, 1984 ---------------------------------------------------------------- MEGHALAYA India The Jaintia Hills Autonomous District (Court-Fees) Rules, 1984 ================================================================ Rule THE-JAINTIA-HILLS-AUTONOMOUS-DISTRICT-COURT-FEES-RULES-1984 of 1984 -------------------------------------------------------------------------- * Published on 20 June 1985 * Commenced on 20 June 1985 The Jaintia Hills Autonomous District (Court-Fees) Rules, 1984 Published vide Notification No. DCA 95/84/40, dated the 20th June, 1985 Last Updated 19th February, 2020 Received the previous approval of the Governor of Meghalaya on 26th September, 1984, published in the Gazette of Meghalaya on the 7th November, 1985. Notification No. DCA 95/84/40, dated the 20th June, 1985. - In pursuance of paragraph 11 of the Sixth Schedule to the Constitution of India, the following rules made by the Jaintia Hills Autonomous District Council are hereby published for general information: ### 1. Short title, extent and commencement. (1) These Rules may be called the Jaintia Hills Autonomous District Council (Court-Fees) Rules, 1984. (2) They shall extend to the whole of the Jaintia Hills Autonomous District. (3) They shall come into force on such date as the Executive Committee may, by notification in the Gazette, appoint in this behalf. ### 2. Definitions. - In these Rules unless there is anything repugnant or the context otherwise requires- (a) "Court" means a Court constituted by the Jaintia Hills Autonomous District Council under the Sixth Schedule to the Constitution of India. (b) "Executive Committee" means the Executive Committee of the Jaintia Hills Autonomous District Council. (c) "Gazette" means the official Gazette of the State of Meghalaya. (d) "Jaintia Hills Autonomous District Council" means the Jaintia Hills Autonomous District Council as constituted under the Sixth Schedule of the Constitution of India. (e) "Judge" means the Judge of the District Council Court. (f) "Law" means any law, regulation or rules made up by the Jaintia Hills Autonomous District Council under the provisions of the Sixth Schedule to the Constitution of India, or any other Act, regulation or rules in force in the Jaintia Hills Autonomous District. ### 3. Application. - The rules shall apply to all suits, cases, appeal or proceeding before Courts or Tribunals constituted by the Jaintia Hills Autonomous District Council. ### 4. Fees on documents filed, etc. in Court. - No document of any of the kinds specified in the First or Second Schedule to these Rules as chargeable with fees shall be filed, exhibited or recorded in or shall be received or furnished by any Court or Tribunal constituted by the District Council in any suit, case, appeal or proceedings coming before such Court or Tribunal unless in respect of such document there has been paid a fee of an amount not less than that indicated by either of the said Schedule as the proper fee for such document. ### 5. Rate of fees in force or date of presentation to be applicable. - All fees shall be charged and paid under these Rules at the rate in force on the date on which the document chargeable to fee is or was presented. ### 6. Mode of payment of fees. - All fees referred to in Rule 4 or chargeable under those rules shall be collected by stamps or where on account of temporary shortage of stamps, fees cannot be paid, and payment of fees cannot be indicated on documents by means of stamps, the fees may be paid in cash to such officer, as may be authorised by the Executive Committee who shall certify by endorsement on the document in respect of which the fee is paid, that the proper fees have been paid and state in the said endorsement the amount of the fees so paid. ### 7. Stamps to be impressed or adhesive. - The stamps used to denote any fee chargeable under these rules shall be impressed or adhesive, or partly impressed and partly adhesive, as the Executive Committee may by notification in the Gazette from time to time direct. ### 8. Supply, sale, etc., of stamps. - The Executive Committee may, from time to time, make regulations for regulating- (a) the supply of stamps to be used under these rules; (b) the number of stamps to be used for denoting any fees chargeable under these rules; (c) the renewal of damaged or spoiled stamps; (d) the keeping of accounts of all stamps unused under these rules; (e) the sale of stamps to be used under these rules, the person by whom alone such sale is to be conducted, the duties and remuneration of such person; (f) the keeping of accounts and custody in respect of fees paid in cash; (g) all such regulations shall be published in the Gazette and thereupon shall have the force of law. ### 9. Penalty. - Any person appointed to sell stamps who disobeys any of the regulations made under Rule 8 and any person not so appointed who sells or offers for sale any 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. ### 10. Procedure in case of difference as to necessity or amount of fee. - When any difference arises between the officer whose duly it is to see that any fee is paid under these rules and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Court in which the difference arises and its decision thereon shall be final except when the question is in the opinion of such Court one of general importance, in which case it shall refer it to the final decision of the Judge. ### 11. Stamping documents inadvertently received. - No document which ought to bear Court Fee Stamps or for which cash payment of an equivalent amount ought to be paid under these rules shall be of any validity, unless and until it is properly stamped or an equivalent cash payment in lieu thereof is made. In case any such document is through mistake or inadvertence received, filed or used in any Court or Tribunal, without proper fees paid on it such Court or Tribunal, as the case may be, may, if it thinks fit, order that such document be stamped or the equivalent cash payment be made, whichever is applicable, and on such document being stamped or cash payment being made accordingly the same and every proceeding relating thereto shall be as valid as if proper fees on it has been paid in the first instance. ### 12. Amended documents. - When any document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh fee. ### 13. Cancellation of stamp. - No document stamped under these rules shall be filed or acted upon in any proceedings under any law in any Court or Tribunal until the stamp has been cancelled by the officer so declared under Rule 10 or a Certificate endorsed under Rule 6, as the case may be. ### 14. Admission in criminal matters of documents for which proper fee has not been paid. - Whenever the filing or exhibition, on a criminal matter in any Court, of a document of which the proper fee has not been paid is, in the opinion of such Court, necessary to prevent a failure of justice, nothing in these rules shall be deemed to prohibit, such filing or exhibition. ### 15. Power to reduce or remit fees. - The Executive Committee may, from time to time by order notified in the Gazette, reduce or remit in the whole or any part of the Territory under the administration of the Jaintia Hills Autonomous District Council, all or any of the fees mentioned in the First or Second Schedule to these rules, and in like manner cancel or vary such order. ### 16. Process fees. - The Executive Committee may, from time to time by notification in the Gazette, fix the fees chargeable for serving and executing processes issued by the Courts in civil or criminal matters and, until such fixation, the fees now leviable for serving- and executing processes shall continue to be levied arid shall be deemed to be fees leviable under these rules. ### 17. Computation of fees payable in certain suits. - The fee payable under these rules in the suits next hereafter mentioned shall be computed as follows: (1) For money. In suits for money (including suits for damages or compensation or arrears of maintenance of annuities, or other sums payable periodically) according to the amount claimed. (2) For maintenance and annuities. In suits for maintenance and annuities or other sum/sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be ten times the amount claimed to be payable for one year. (3) For movable property having a market value. In suits for moveable property other than money where the subject-matter has a market value according to such value at the date of presenting plaint. (4) In suits- (a) To enforce a right to share in joint family property to enforce the right to share in any property on the ground that it is joint family property; and (b) For easement for the right to some benefits (not herein otherwise provided for) to arise out of land; and (c) For account. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal. (5) In suits- Four houses and gardens. When the subject matter is house or garden according to the market value of the house or garden. (6) To redeem to foreclose- In suits against a mortgage for the recovery of the property mortgaged. And in suits by a mortgagee to foreclose the mortgage or where the mortgage is made by conditional sale, to have the sale declared absolute. (7) For specific performance. According to the principal money expressed to be secured by the instrument of mortgage. In suits for specific performance- (a) of a contract for sale - according to the amount of the consideration; (b) of contract of mortgage - according to the amount agreed to be secured; (c) of contract of lease - according to the aggregate amount of the fine or premium (if any) and of the 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. (8) For possession of lands, houses and gardens. In suits for possession of land, house and garden according to the value of the subject matter; and such value shall be deemed to be- Where the subject matter is land and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits. But where no such net profits have arisen therefrom-the amount at which the Court shall estimate with reference to the value of similar lands in the neighbourhood. For house and garden. Where the subject matter is house or garden according to the market value of the house or garden. (9) Between landlord and tenant. In the following suits between landlord and tenant- (a) for delivery by a tenant of the counterpart of a lease; (b) to enhance the rent of a tenant having a right of an occupancy; (c) for delivery by a landlord of a lease; (d) for the recovery of immovable property from the tenant, including a tenant holding over after determination of a tenancy; (e) to contest a notice of ejectment; (f) to recover the occupancy of immovable property for which a tenant has been illegally ejected by the landlord; and (g) for abatement of rent - according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting of plaint. I --- (See Rule 4) Ad valorem fees | | | | | | | | --- | --- | --- | --- | --- | --- | | | Number | | | | Proper fee | | | (1) | | (2) | | (3) | | 1. | Plaint, written statement pleading a set-off or counterclaim or memorandum of appeal or of cross-objection presented to any Court or Tribunal | | When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value | | Re. 0.30 p. | | | | | and | | | | | | | When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof in excess of one hundred rupees, up to one hundred and fifty rupees | | Re. 0.50 p. | | | | | and | | | | | | | When such amount or value exceeds one hundred and fifty rupees, for every fifty rupees or part thereof up to one hundred rupees | | Re. 1.00 | | | | | and | | | | | | | When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees | | Rs. 5.00 | | | | | and | | | | | | | When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees | | Rs. 10.00 | | | | | and | | | | | | | When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees | | Rs. 15.00 | | | | | and | | | | | | | When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees up to fifty thousand rupees | | Rs. 20.00 | | | | | and | | | | | | | When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees | | Rs. 25.00 | | | | | Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed Rs. 3,000-00. | | | | 2. | Copy of judgment or order not being or having the force of a decree | | (a) If the amount or value of the subject-matter is fifty or less than fifty rupees | | Rs. 2.00 | | | | | (b) If such amount or value of the subject-matter exceeds fifty rupees. | | Rs. 3.00 | | 3. | Copy of a decree or order having the force of a decree | | (a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees | | Rs. 2.00 | | | | | (b) If such amount or value exceeds fifty rupees: | | Rs. 5.00 | | | | | Provided that in case of application or urgent certified copies in respect of (2) and (3) above an additional fee of Rs. 2 (Rupees two) only shall be realised: | | | | | | | Provided further that an additional amount of Rs. 5 (Rupees five) only shall be realised as searching fee in respect of application for copies of judgement/ decree/order etc. disposed of more than a year from the date of the application. | | | | 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 plaint or memorandum of appeal. | | 5. | 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. | | 6. | Certificate under "The Indian Succession Act, 1925". | | In any case up to one thousand rupees | | One per centum. | | | | | When the amount or value exceeds one thousand rupees or part thereof, up to ten thousand rupees | | Two per centum. | | | | | When the amount or value exceeds ten thousand rupees, or part thereof, up to forty thousand rupees | | Three per centum. | | | | | When the amount or value exceeds forty thousand rupees, or part thereof, up to one lakh rupees, | | Four per centum. | | | | | When the amount or value exceeds one lakh rupees; or part thereof; up to fifteen lakh rupees and above. | | Five per centum. | Table of rates ad valorem fees leviable on the institution of suits | | | | | --- | --- | --- | | When the amount or value of the subject-matter exceeds | But does not exceed | Proper fee | | (1) | (2) | (3) | | Rs. | Rs. | Rs. Np. | | 00 | 50 | 5.00 | | 50 | 70 | 5.50 | | 70 | 90 | 6.00 | | 90 | 100 | 7.50 | | 100 | 150 | 9.00 | | 150 | 200 | 10.00 | | 200 | 225 | 12.00 | | 225 | 250 | 14.00 | | 250 | 300 | 15.00 | | 300 | 310 | 17.00 | | 310 | 320 | 19.00 | | 320 | 330 | 21.00 | | 330 | 340 | 23.00 | | 340 | 350 | 25.00 | | 350 | 360 | 26.00 | | 360 | 370 | 28.70 | | 370 | 380 | 29.00 | | 380 | 390 | 30.00 | | 390 | 400 | 31.00 | | 400 | 410 | 32.00 | | 410 | 420 | 32.50 | | 420 | 430 | 33.00 | | 430 | 440 | 33.50 | | 440 | 450 | 34.00 | | 450 | 460 | 34.00 | | 460 | 470 | 35.00 | | 470 | 480 | 36.00 | | 480 | 490 | 36.50 | | 490 | 500 | 37.00 | | 500 | 510 | 38.00 | | 510 | 520 | 39.00 | | 520 | 530 | 40.00 | | 530 | 540 | 40.50 | | 540 | 550 | 41.00 | | 550 | 560 | 42.50 | | 560 | 570 | 42.40 | | 570 | 580 | 43.00 | | 580 | 590 | 44.00 | | 590 | 600 | 45.00 | | 600 | 610 | 46.00 | | 610 | 620 | 46.50 | | 620 | 630 | 47.00 | | 630 | 640 | 48.00 | | 640 | 650 | 48.50 | | 650 | 660 | 49.00 | | 660 | 670 | 50.00 | | 670 | 680 | 51.00 | | 680 | 690 | 51.50 | | 690 | 700 | 52.00 | | 700 | 710 | 53.00 | | 710 | 720 | 54.00 | | 720 | 730 | 55.00 | | 730 | 740 | 55.50 | | 740 | 750 | 56.00 | | 750 | 760 | 57.00 | | 760 | 770 | 58.00 | | 770 | 780 | 58.50 | | 780 | 790 | 59.00 | | 790 | 800 | 60.00 | | 800 | 810 | 60.50 | | 810 | 820 | 61.00 | | 820 | 830 | 62.00 | | 830 | 840 | 63.00 | | 840 | 850 | 64.00 | | 850 | 860 | 64.50 | | 860 | 870 | 65.00 | | 870 | 880 | 66.00 | | 880 | 890 | 67.00 | | 890 | 900 | 67.50 | | 900 | 910 | 68.00 | | 910 | 920 | 69.00 | | 920 | 930 | 70.00 | | 930 | 940 | 70.50 | | 940 | 950 | 71.00 | | 950 | 960 | 72.00 | | 960 | 970 | 73.00 | | 970 | 980 | 73.50 | | 980 | 990 | 74.00 | | 990 | 1,000 | 75.00 | | 1,000 | 1,100 | 80.00 | | 1,100 | 1,200 | 85.00 | | 1,200 | 1,300 | 90.00 | | 1,300 | 1,400 | 95.00 | | 1,400 | 1,500 | 100.00 | | 1,500 | 1,600 | 105.00 | | 1,600 | 1,700 | 110.00 | | 1,700 | 1,800 | 115.00 | | 1,800 | 1,900 | 120.00 | | 1,900 | 2,000 | 125.00 | | 2,000 | 2,100 | 130.00 | | 2,100 | 2,200 | 135.00 | | 2,200 | 2,300 | 140.00 | | 2,300 | 2,400 | 145.00 | | 2,400 | 2,500 | 150.00 | | 2,500 | 2,600 | 155.00 | | 2,600 | 2,700 | 160.00 | | 2,700 | 2,800 | 165.00 | | 2,800 | 2,900 | 170.00 | | 2,900 | 3,000 | 175.00 | | 3,000 | 3,100 | 180.00 | | 3,100 | 3,200 | 185.00 | | 3,200 | 3,300 | 190.00 | | 3,300 | 3,400 | 195.00 | | 3,400 | 3,500 | 200.00 | | 3,500 | 3,600 | 205.00 | | 3,600 | 3,700 | 210.00 | | 3,700 | 3,800 | 215.00 | | 3,800 | 3,900 | 220.00 | | 3,900 | 4,000 | 225.00 | | 4,000 | 4,100 | 230.00 | | 4,100 | 4,200 | 235.00 | | 4,200 | 4,300 | 240.00 | | 4,300 | 4,400 | 245.00 | | 4,400 | 4,500 | 250.00 | | 4,500 | 4,600 | 255.00 | | 4,600 | 4,700 | 260.00 | | 4,700 | 4,800 | 265.00 | | 4,800 | 4,900 | 270.00 | | 4,900 | 5,000 | 275.00 | | 5,000 | 5,250 | 285.00 | | 5,250 | 5,500 | 295.00 | | 5,500 | 5,750 | 305.00 | | 5,750 | 6,000 | 315.00 | | 6,000 | 6,250 | 325.00 | | 6,250 | 6.500 | 335.00 | | 6,500 | 6,750 | 345.00 | | 6,750 | 7,000 | 355.00 | | 7,000 | 7,250 | 365.00 | | 7,250 | 7,500 | 375.00 | | 7,500 | 7,750 | 385.00 | | 7,750 | 8,000 | 395.00 | | 8,000 | 8,250 | 405.00 | | 8,250 | 8,500 | 415.00 | | 8,500 | 8,750 | 425.00 | | 8,750 | 9,000 | 435.00 | | 9,000 | 9,250 | 445.00 | | 9,250 | 9,500 | 455.00 | | 9,500 | 9,750 | 465.00 | | 9,750 | 10,000 | 475.00 | And the fees increases at the rate of Rs. 15 for every five hundred rupees or part thereof, up to a maximum of ten thousand rupees. II ---- (See Rule 11) Fixed Fees | | | | | | | --- | --- | --- | --- | --- | | | Number | | | Proper fee | | | (1) | | (2) | (3) | | 1. | Application or petition | | When presented to the Court in exercise of its civil or criminal jurisdiction for the purpose of obtaining any copy of a document, or order passed by such Court or the deposition of witnesses in any case or suit before such Court. | Rs. 2.00 | | | | | When presented to the tribunal for the purpose of obtaining any copy of a document, or order passed by such tribunal or the deposition of witnesses in any case before such tribunal | Rs. 2.00 | | | | | When presented to the Court in exercise of its civil or criminal jurisdiction for any other purpose as envisaged under the Civil Procedure Code, or the Code of Criminal Procedure | Rs. 2.00 | | | | | When presented to any Court in any matter related to any other law | Rs. 5.00 | | 2. | Application to any Court that records may be called for from an another Court | | When the Court grants the application and is of the opinion that the transmission of such records involves the use of process servers or peon of the Court. | Rs. 10.00 | | 3. | Bail-bond affidavit, or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section has contemplated in the Code of Criminal Procedure or the Civil Procedure Code | | | Rs. 2.00 | | 4. | Affidavit in general | | | Rs. 5.00 | | 5. | Undertaking under Section 49 of the Indian Divorce Act, 1869 | | | Rs. 2.00 | | 6. | Vakalatnama | | | Rs. 20.00 | | 7. | Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented- | | (1) to any Court other than the Court of the Judge, District Council Court | Rs. 3.00 | | | | | (2) to the Court of the Judge, District Council Court | Rs. 5.00 | | 8. | Plaint or memorandum of appeal in each of the following suits- | | (1) to alter to set aside a summary decision or order of any Court other than that of the Court of the Judge, District Council Court | Rs. 17.00 | | | | | (2) to alter or cancel any documents or entry in any register | Rs. 17.00 | | | | | (3) to obtain a declaration decree where no consequential relief is prayed | Rs. 22.00 | | | | | (4) for injunction | Rs. 11.00 | | | | | (5) every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for in these rules. | Rs. 17.00 | | 9. | Agreement in writing stating a question for the opinion of the Court as contemplated under the Code of Civil Procedure, 1908 | | | Rs. 17.00 | | 10. | Every petition where the Indian Divorce Act, 1869 except petition under Section 44 of the same Act | | | Rs. 25.00 | | 11. | Plaint or memorandum of appeal under any law except the Criminal Procedure Code or any matter contemplated under the Code of Civil Procedure or law which have not been otherwise provided for in these rules. | | | Rs. 17.00 |
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acts
Union of India - Act ---------------------- The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 --------------------------------------------------------------- UNION OF INDIA India The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 =============================================================== Rule THE-DEBTS-RECOVERY-APPELLATE-TRIBUNAL-PROCEDURE-RULES-1994 of 1994 ------------------------------------------------------------------------- * Published on 16 November 1994 * Commenced on 16 November 1994 The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 Published vide Notification G.S.R. 815(E) , dated 16.11.1994, published in the Gazette of India, Extraordinary, Part 2, Section 3(i), dated 16.11.1994. ### 21. /940 In exercise of the powers conferred by sub-sections (1) and (2) of section 36 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ( 51 of 1993 ), the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994. (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 Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ( 51 of 1993 ); (b) "agent" means a person duly authorized by a party to present appeal or to give reply on its behalf before the Appellate Tribunal; (c) "appeal" means an appeal made to the Appellate Tribunal under section 20 or section 30 of the Act; (d) "appellant" means a person or a bank or a financial institution making an appeal to the Appellate Tribunal under section 20 or section 30 of the Act; (e) "Appellate Tribunal" means an Appellate Tribunal established by Central Government under section 8 of the Act; (f) "legal practitioner" shall have the same meaning as assigned to it in the Advocates Act, 1961 (25 of 1961); (g) [ 'Chairperson' means Chairperson of an Appellate Tribunal and includes Chairperson of any other Appellate Tribunal established under any other law and authorized by the Central Government to discharge the functions of Chairperson of the Appellate Tribunal under sub-section (1) of section 8 of the Act.] [Substituted ''Presiding Officer' means the Presiding Officer of an Appellate Tribunal;' by Notification No. G.S.R. 1043 (E) , dated 3.11.2016 (w.e.f. 16.11.1994).] (h) "Registrar" means the Registrar of an Appellate Tribunal and includes an officer of such Appellate Tribunal who is authorized by the Presiding Officer to function as Registrar; (i) "Registry" means the Registry of the Appellate Tribunal. ### 3. Sittings of Appellate Tribunal. - An Appellate Tribunal shall hold its sittings either at Headquarters or at such other place falling within its jurisdiction as it may consider convenient. ### 4. Language of Appellate Tribunal. (1) The proceedings of the Appellate Tribunal shall be conducted in English or Hindi. (2) No appeal, reference, application, representation, document or other matters contained in any language other than English or Hindi, shall be accepted by the Appellate Tribunal, unless the same is accompanied by a true copy of translation thereof in English or Hindi. ### 5. Procedure for filing appeals. (1) A memorandum of appeal shall be presented in the Form annexed to these rules by the Appellant either in person to the Registrar of the Appellate Tribunal within whose jurisdiction his case falls or shall be sent by registered post addressed to such Registrar. (2) Where the appellant is a bank or a financial institution, a memorandum of appeal may be preferred,- (a) by one or more legal practitioners authorized by such bank or financial institution or, (b) by any of the officers of such bank or financial institution to act as Presenting Officers; and every person so authorized may present the appeal before the Appellate Tribunal. (3) Where the appellant is other than a bank or a financial institution, he may prefer an appeal in person or by his agent or by a duly authorized legal practitioner. (4) An appeal sent by post under sub-rule (1) shall be deemed to have been presented to the Registrar on the day on which it is received in the office of the Registrar. (5) The appeal under sub-rule (1) shall be presented in four sets in a paper book alongwith an empty file size envelope bearing full address of the respondent and where the number or respondents are more than one, then sufficient number of extra paper books together with empty file size envelopes bearing full addresses of each respondent shall be furnished by the appellant. ### 6. Presentation and scrutiny of memorandum of appeal. (1) The Registrar shall endorse on every appeal the date on which it is presented under rule 5 or deemed to have been presented under that rule and shall sign endorsement. (2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number. (3) If an appeal on scrutiny is found to be defective and the defect noticed is formal in nature, the Registrar may allow the appellant to rectify the same in his presence and if the said defect is not formal in nature, the Registrar, may allow the appellant such time to rectify the defect as he may deem fit. (4) If the concerned appellant fails to rectify the defect within the time allowed in sub-rule (3), the Registrar may by order and for reasons to be recorded in writing, decline to register such memorandum of appeal. (5) An appeal against the order of the Registrar under sub-rule (4) shall be made within fifteen days of making of such order to the Presiding Officer concerned in his chamber, whose decision thereon shall be final. ### 6A. [ [Inserted by Notification No. G.S.R. 119 (E) dated 20.2.2013 (w.e.f. 16.11.1994)] (1) Any party aggrieved by an order passed by the Appellate Tribunal, on account of some mistake or error apparent on the face of the record, desires to obtain a review of such order, may apply for a review to the Appellate Tribunal which passed the order. (2) No application for review shall be made after the expiry of a period of [thirty days] from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. (3) Where it appears to the Appellate Tribunal that sufficient ground for a review does not exist, it shall reject the application, and if it is satisfied with the grounds raised in the application for such review, it shall allow the application for review of the order : Provided that no such application for review shall be allowed without previous notice and an opportunity of being heard is given to the opposite party.] ### 7. Place of filing memorandum of appeal. - The memorandum of appeal shall be filed by the appellant with the Registrar of the Appellate Tribunal having jurisdiction in the matter. ### 8. Fee. (1) Every memorandum of appeal under section 20 of the Act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the Registrar and payable at the station where the Registrar's office is situated or remitted through a crossed Indian Postal Order drawn in favour of the Registrar and payable in Central Post Office of the station where the Appellate Tribunal is located. (2) The amount of fee payable in respect of appeal under section 20 shall be as follows:- | | | | --- | --- | | Amount of debt due | Amount of fees payable | | 1. Less than rupees 10 Lakhs | Rupees 12,000 | | 2. Rupees 10 Lakhs or more but less than rupees 30 lakhs | Rupees 20,000 | | 3. Rupees 30 lakhs or more | Rupees 30,000 | ### 9. [ Deposit of amount of debt due. [Substituted by Notification No. G.S.R. 1043 (E) , dated 3.11.2016 (w.e.f. 16.11.1994).] - Where an appeal is preferred by a person referred to in section 21 of the Act, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal fifty per cent. of the amount of debt so due from him as determined by the Tribunal under section 19 of the Act: Provided that the Appellate Tribunal may, for reasons to be recorded in writing, reduce the amount to be deposited by such amount which shall not be less than twenty five per cent. of the amount of such debt so due.] ### 10. Contents of memorandum of appeal. (1) Every memorandum of appeal filed under rule 5 shall set forth concisely under distinct heads, the grounds of such appeal without any argument or narrative, and such grounds shall be numbered consecutively and shall be typed in double line space on one side of the paper. (2) It shall not be necessary to present separate memorandum of appeal to seek interim order or direction if in the memorandum of appeal, the same is prayed for. ### 11. Documents to accompany memorandum of appeal. (1) Every memorandum of appeal shall be in triplicate and shall be accompanied with two copies (at least one of which shall be certified copy) of the order of the Presiding Officer of Debts Recovery Tribunal or order made by the Recovery Officer under section 30 of the Act, as the case may be, against which the appeal is filed. (2) Where the parties to the appeal are being represented by an agent, documents authorizing him to act as such agent shall also be appended to the appeal: Provided that where an appeal is filed by a legal practitioner, it shall be accompanied by a duly executed Vakalatnama. (3) Where a bank or financial institution is being represented by any of its Officers to act as Presenting Officer before the Appellate Tribunal, the document authorizing him to act as Presenting Officer shall be appended to the memorandum of appeal. ### 12. Plural remedies. - A memorandum of appeal shall not seek relief or reliefs based on more than a single cause of action in one single memorandum of appeal unless the reliefs prayed for are consequential to one another. ### 13. Endorsing copy of appeal to the respondents. - A copy of the memorandum of appeal and paper book shall be served on each of the respondents, as soon as they are filed, by the Registrar by registered post. ### 14. Filing of reply to the appeal and other documents by the respondent. (1) The respondent may file four complete sets containing the reply to the appeal alongwith documents in a paper book form with the registry within one month of the service of the notice on him of the filing of the memorandum of appeal. (2) The respondent shall also endorse one copy of the reply to the appeal alongwith documents as mentioned in sub-rule (1) to the appellant. (3) The Appellate Tribunal may, in its discretion on application by the respondent, allow the filing of reply referred to in sub-rule (1), after the expiry of the period referred to therein. ### 15. Who may be joined as respondents. (1) In an appeal by a person other than bank or financial institution, the bank or financial institution who has to recover any debt from any person under section 19 of the Act, before the Tribunal against whose order the appeal has been preferred, shall be made the respondent to the appeal. (2) In an appeal by the bank or a financial institution the other party shall be made the respondent to the appeal. ### 16. Date and place of hearing to be notified. - The Appellate Tribunal shall notify the parties the date and place of hearing of the appeal in such a manner as the Presiding Officer may by general or special order direct. ### 17. Dress Regulations for the Presiding Officer and for the Representatives of the Parties. (1) Summer dress for the Presiding Officer shall be white pant with black coat and a black tie or a buttoned-up black coat. In winter, striped or black trousers may be worn in place of white trousers. In the case of female Presiding Officers, however, the dress shall be black coat over white saree. (2) The dress for the agent of the parties (other than a relative or regular employee of the appellant or respondent) appearing before the Appellate Tribunal shall be the following, namely:- (a) In the case of a male, a suit with a tie or buttoned-up coat over a pant or national dress, that is, a long buttoned-up coat on dhoti or churidar pyjama. The colour of the coat shall, preferably, be black. (b) In the case of female, black coat over white or any other sober coloured saree. (c) Where, however, the agent belongs to a profession like that of lawyers or a chartered accountants and they have been prescribed a dress for appearing in their professional capacity before any Court, Appellate Tribunal, tribunal or other such authority, they may, at their option, appear in that dress, in lieu of the dress mentioned above. (3) All other persons appearing before the Appellate Tribunal shall be properly dressed. ### 18. Order to be signed and dated. (1) Every order of the Appellate Tribunal shall be in writing and shall be signed and dated by the Presiding Officer of the Appellate Tribunal. (2) The order shall be pronounced in open Court. ### 19. Publication of orders. - The orders of the Appellate Tribunal as are deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Appellate Tribunal may lay down. ### 20. Communication of orders. - Every order passed on an appeal shall be communicated to the appellant and to the respondent and to the Tribunal concerned either in person or by registered post free of cost. ### 21. Fee for inspection of records and obtaining copies thereof. (1) A fee of rupees twenty for every hour or part thereof of inspection subject to a minimum of rupees one hundred shall be charged for inspecting the records of a pending appeal by a party thereto. (2) A fee of rupees five for a folio or part thereof not involving typing and a fee of rupees ten for a folio or part thereof involving typing of statement and figures shall be charged. ### 22. Orders and directions in certain cases. - The Appellate Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. ### 23. Working hours of the Appellate Tribunal. (1) Except on Saturdays, Sundays and other public holidays, the offices of the Appellate Tribunal shall, subject to any other order made by the Presiding Officer, remain open daily from 10 a.m. to 6.00 p.m. but no work, unless of an urgent nature, shall be admitted after 4.30 p.m. on any working day. (2) The sitting hours of the Appellate Tribunal shall ordinarily be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer. ### 24. Holiday. - Where the last day for doing any act falls on a day on which the office of the Appellate Tribunal is closed and by reason thereof the act cannot be done on that day, it may be done on the next day on which that office opens. ### 25. Powers and functions of the Registrar. (1) The Registrar shall have the custody of the records of the Appellate Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Presiding Officer by a separate order in writing. (2) The official seal shall be kept in the custody of the Registrar. (3) Subject to any general or special direction by the Presiding Officer, the seal of the Appellate Tribunal shall not be affixed to any order, summons or other process, save under the authority in writing from the Registrar. (4) The seal of the Appellate Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar. ### 26. Additional powers and duties of Registrar. - In addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special orders of the Presiding Officer, namely:- (1) to receive all appeals and other documents; (2) to decide all questions arising out of the scrutiny of the appeals before they are registered; (3) to require any appeal presented to the Appellate Tribunal to be amended in accordance with the rules; (4) subject to the directions of the Presiding Officer to fix date of hearing of the appeals or other proceedings and issue notices thereof; (5) direct any formal amendment of records; (6) to order grant of copies of documents to parties to proceedings; (7) to grant leave to inspect the record of Appellate Tribunal. (8) dispose of all matters relating to the service of notices or other processes, application for the issue of fresh notice or for extending the time for or ordering a particular method of service on a respondent including a substituted service by publication of the notice by way of advertisements in the newspapers; (9) to requisition records from the custody of any Court or other authority. ### 27. Seal and emblem. - The official seal and emblem of the Appellate Tribunal shall be such as the Central Government may specify. FORM Memorandum Of Appeal Under Section 20, Section 30 Of The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 (51 Of 1993) For use in Appellate Tribunal's office Date of filing.......................................... Date of receipt by post......................... Registration number............................. Signature................................................ Registrar In The Debts Recovery Appellate Tribunal, Between: A.B-APPELLANT C.D. and others-RESPONDENT(S) Details of appeal:- ### 1. Particulars of the appellant :- (i) Name of the appellant (ii) Address of registered office of the appellant (iii) Address for service of all notices ### 2. Particulars of the respondent or respondents: (i) Name of the respondent or respondents (ii) Office address of the respondent or respondents (iii) Addresses or service of all notices ### 3. Jurisdiction of the Appellate Tribunal.- The Appellant declares that the matter of the appeal falls within the jurisdiction of the Appellate Tribunal. ### 4. Limitation.- The appellant further declares that the appeal is within the limitation as prescribed in sub-section (3) of section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ( 51 of 1993 ). ### 5. Facts of the case and the orders passed by the Tribunal Recovery Officer :- The facts of the case are given below :- (Give here a concise statement of facts and grounds of appeal against the specific order of Tribunal or Recovery Officer, as the case may be, in a chronological order, each paragraph containing as neatly as possible as separate issue, fact or otherwise). ### 6. Relief(s) sought.- In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s) (Specify below the relief(s) sought explaining the grounds for relief(s) and the legal provisions (if any) relied upon). ### 7. Interim order, if prayed for.- Pending final decision on the appeal the appellant seeks issue of the following interim order: (Give here the nature of the interim order prayed for with reasons) ### 8. Matter not pending with any other court, etc. - The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or any other Tribunal. ### 9. Particulars of bank draft/postal order in respect of the deposit of debts due in terms of section 21 of the Act applicable or under any other provisions of the Act: (1) Name of the bank on which drawn (2) Demand draft number or (1) Number of Indian Postal Order(s) (2) Name of the issuing post office (3) Date of issue of postal order(s) (4) Post office at which payable ### 10. Particulars of bank draft/postal order in respect of the fee paid in terms of rule 8 of these rules :- (1) Name of the bank on which drawn (2) Demand draft number or (1) Number of Indian Postal Order(s) (2) Name of the issuing post office (3) Date of issue of postal order(s) (4) Post office at which payable. ### 11. Details of index- An index in duplicate containing the details of the documents to be relied upon is enclosed. ### 12. List of enclosures. Verification I,................ (name and full block letters) son/daughter/wife of Shri................................... being the ........ (designation) of.......................................... (name of the company) holding a valid power of attorney from..................................(name of the company) do hereby verify that the contents of paras 1 to 11 are true to my personal knowledge and belief and that I have not suppressed any material facts. Signature of the appellant Place: Date : To The Registrar, ............................................ ............................................ ............................................
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Union of India - Act ---------------------- Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985 -------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985 ================================================================================================================================ Rule LIFE-INSURANCE-CORPORATION-OF-INDIA-CLASS-III-AND-CLASS-IV-EMPLOYEES-REVISION-OF-TERMS-AND-CONDITIONS-OF-SERVICE-RULES-1985 of 1985 ------------------------------------------------------------------------------------------------------------------------------------------ * Published on 11 April 1985 * Commenced on 11 April 1985 Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985 Published vide Notification No. G.S.R. 357(E) , dated 11th April, 1985 Last Updated 1st July, 2019 Notified in Gazette of India dated 11th April, 1985 and came in force from 1st April, 1983 G.S.R. 357(E) . - In exercise of the powers conferred by Section 48 of the Life Insurance corporation Act, 1956 ( 31 of 1956 ) and in supersession of the Life Insurance Corporation of India Class III and Class IV Employees (Bonus and Dearness Allowance) Rules, 1981, the Life Insurance Corporation of India Class III and Class IV Employees (Pay) Rules, 1981 and the Life Insurance Corporation of India Class III and Class IV Employees (Superannuation and Retirement) Rules, 1983, except as respect things done or omitted to be done before such supersession, the Central Government hereby makes the following rules regulating certain terms and conditions of service of Class III and Class IV employees of Life Insurance Corporation of India, namely:- ### 1. Short title, commencement and application. (1) These rules may be called the Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985. (2) The provisions of these rules except rule 14 shall be deemed to have come into force on the 1st day of April, 1983 and rule 14 shall be deemed to have come into force on the 22nd day of February, 1983. (3) Notwithstanding anything contained in sub-rule (2), when any Class-III or Class-IV employee gives a notice in writing to the Corporation within thirty days of the date of publication of these rules in the Official Gazette, expressing his option to be governed by the provisions of these rules, except rule 14, with effect from the 11th day of April, 1985, then the Corporation may, by order, permit such employee to be governed by the said rules with effect from the said date. ### 2. Definitions. - In these rules, unless the context otherwise requires - (a) "Act" means the Life Insurance Corporation Act, 1956 ( 31 of 1956 ); (b) "Employee" means an employee of the Life Insurance Corporation of India and includes any person who became such employee of the Corporation on the appointed day under the Act; (c) "Functional Allowance" means an allowance paid to an employee for the performance of a specified function; (d) [ "Promotion Regulations" means the Life Insurance Corporation of India Class III and Class IV Employees (Promotion) Rules, 1987;] [Notified in Gazette of India dated 12th May, 1989 and came in force from 1st August, 1987.] (e) "Staff Regulations" means the Life Insurance Corporation of India (Staff) Regulations, 1960; (f) Words and expressions used in these rules and not defined but defined in the Staff Regulations shall have the meaning assigned to them in the Staff Regulations. ### 3. Conditions of service of Class III and Class IV Employees. - Notwithstanding anything contained in the Staff Regulations and the Promotion Regulations, the terms and conditions of service of Class III and Class IV employees relating to matters covered by these rules shall be regulated in accordance with the provisions of [these rules as amended from time to time.] [Notified in Gazette of India dated 12th May, 1989 and came in force from 1st August, 1987.] ### 4. [ Scales of pay and other allowances of Class III employees] [Notified in the Gazette of India dated 05.09.2005, came in force from 01.08.2002 GSR No. 561 (E) .] . - (1) The scales of pay of Class III employees shall be as under. - | | | | | --- | --- | --- | | Higher Grade Assistants | : | Rs. 21655-1445(3) -25990-1610(15)-50140 | | Stenographers | : | Rs.18135-1030(4) -22255-1195(2)-24645-1455(3)-29010-1510(2)-32030-1610(8)-44910 | | Assistants, Assistants Appointed as Receiving and Paying Cashiers | : | Rs. 14435-840(1) -15275-915(2)-17105-1030(5)-22255-1195(2)-24645-1455(3)-29010-1510(2)-32030-1610(5)-40080 | | Projectionists and Microprocessor Operators Record Clerks | : | Rs. 13380-475(4) -15280-745(3)-17515-840(2)-19195-850(6)-24295-915(6)-29785 | [(2) In addition to the scales of pay specified in sub-rule (1) the following categories of employees shall receive a special allowance to the extent specified below. - (A) Higher Grade Assistants appointed as Internal Audit Assistants | | | | | | --- | --- | --- | --- | | (a) | For the first five years | - | Rs.1080/- per month | | (b) | For the next five years | - | Rs.1230/- per month | | (c) | For the subsequent years | - | Rs.1330/- per month | (B) Assistants appointed as receiving and paying Cashiers -Rs.2500/- per month: Provided that this allowance shall not count for the purpose of calculation of Dearness Allowance, Provident Fund, Gratuity, House Rent Allowance, Pension, Encashment of PL and it shall not count for fixation of Salary on promotion. (3) Functional Allowance shall be paid to the following categories of Employees in Class III cadre. - | | | | | | --- | --- | --- | --- | | (a) | Banda, Duplicating and Xerox Machine Operators in the scale of Pay of Record Clerks: | - | Rs.150/- per month | | (b) | Microprocessor Operators in the scale of Assistants: | - | Rs.285/- per month | | (c) | Programmers in the scale of pay of Higher Grade Assistants: | - | Rs.900/- per month | Provided that an existing Class-III employee who is in receipt of any Functional Allowance as on the 31st day of July, 2012 shall continue to draw the same so long as he is holding the post to which the Functional Allowance is attached, to be absorbed in future wage revision.] [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] [Provided further that the Programmers in the scale of pay of Higher Grade Assistants governed by the provisions of the Life Insurance Corporation of India, Information Technology Specialist Group (Selection, terms and conditions of service and Payment of Allowance) Rules, 2007, shall not be entitled to any functional allowance.] [Notified in Gazette of India dated 25.04.2007 GSR No. 306(E) .] ### 5. Promotions to the cadre of Section Heads and Superintendents. - There shall be no fresh appointments or promotions to the cadre of Section Heads and Superintendents on or after the 1st July, 1985. ### 6. Scales of pay of Class IV subordinate employees. - 1) The scales of pay of Class-IV subordinate employees shall be as under. - | | | | | --- | --- | --- | | Drivers | : | Rs. 13380-600(6) -16980-620(1)-17600-745(12)-26540 | | Sepoys, Hamals, Head Peons, Liftmen and Watchmen | : | Rs. 11660-475(5) -14035-505(8)-18075-600(1)-18675-620(2)-19915-745(3)-22150 | | Sweepers and Cleaners | : | Rs. 11060-475(5) -13435-505(8)-17475-600(6)-21075. | [(2) In addition to the scales of pay specified in sub-rule(1). - (a) following categories of employees shall receive special allowance to the extent specified below, which shall count as a basic pay for all purposes: Head Peons, Liftmen and Watchmen - Rs.985/- per month. (b) franking Machine Operators in the scale of Sepoy shall be paid a Functional Allowance of Rs.120/- per month.] ### 7. [ Addition to basic pay after reaching maximum of scales] [Substituted vide Notification dated 05.09.2005 GSR No. 561(E) .] . - Subject to the work record being found satisfactory (a) an employee - (i) in the scale of Record Clerk or Assistant or Stenographer in Class-III; or (ii) in any of the scales in Class-IV who has reached the maximum of the scale of pay applicable to him may be granted for every two completed years of service after reaching such maximum, an addition to the basic pay equal to the last increment drawn by him in the scale of pay, subject to a maximum of six such additions: Provided that no employee shall be entitled to such addition to the basic pay before the first day of the month following completion of two years after reaching maximum of the scale of pay or after drawing such additions, as the case may be: (b) An employee in the scale of pay of Section Head and Higher Grade Assistant who has reached the maximum of the scale, may be granted for every three completed years of service after reaching such maximum, an addition to the basic pay equal to the last increment drawn by him in the scale of pay, subject to the maximum of five such additions: Provided that no employee shall be entitled to such addition to the basic pay before the first day of the month following completion of three years after reaching maximum of the scale of pay or after drawing such additions, as the case may be: Provided further that where an employee is not granted such addition to the basic pay referred to in clause (a) or clause (b) on first day of the month following completion of two years or three years of service, as the case may be, from the date of reaching maximum of the scale of pay applicable to him or from the last such addition to die basic pay (such first day of the month following completion of two or three years of service from the date of reaching maximum of the scale of pay or the last such addition to the basic pay being hereinafter referred to as "the relevant date", as the case may be), his case shall fall due for review in each calendar year in the month following that in which he completes twelve months of service as reckoned from the relevant date, or from the date of such review, so long as he has not been allowed such addition to the basic pay, and if it is decided to allow such addition subsequently, it shall take effect from the first of the month in which the review has fallen due in the calendar year in which the decision is taken. Explanation: For the purposes of this rule 'calendar year' means the year from 1st day of January to 31st day of December. ### 8. Dearness Allowances. - [(1) The scale of Dearness Allowance of Class III and Class IV employees shall be determined as under:- (a) Index : All India Average Consumer Price Index Number for Industrial Workers. (b) Base : Index No.4708 in the series 1960=100. (c) Rate : For every four points in the quarterly average of the All India Consumer Price Index above 4708 points, a Class III or a Class IV employee shall be paid dearness allowance at the rate of 0.10 % of Pay. Explanation. - For the purpose of this clause "Pay" means - (i) the basic pay; (ii) additions to basic pay referred to in rule 7; (iii) special allowance referred to in sub-rule (2)(a) of rule 6; (iv) Graduation Allowance payable to the employees in the scale of pay of Assistants and Stenographers as provided in rule 19A; and (v) special allowance referred to in rule 2 or rule 4 of the Life Insurance Corporation of India Class-III Employees (Special Allowance for Passing Examination) Rules, 1988.] (2) [] [As amended vide notification dated 05.09.2005] There shall be an upward revision of the dearness allowance payable for every four points rise in the quarterly average (hereinafter referred to as the "current average figure") of the All India Consumer Price Index above [4708 points in the sequence of 4708-4712-4716-4720] [Substituted words '2944 points in the sequence of 2944-2948-2952-2956' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] and so on, and there shall be downward revision of the dearness allowance payable if the current average figure falls below the index figure in the above sequence with reference to which the dearness allowance has been paid for the last preceding quarter. On the downward revision, the dearness allowance payable shall correspond to the current average figure if such current average figure is a figure in the above sequence and the dearness allowance payable shall correspond to the figure in the above sequence next preceding the current average figure if such current average figure is not a figure in the sequence. For this purpose, quarter shall mean a period of three months ending on the last day of March, June, September or December. The final index figures as published in the Indian Labour Journal or the Gazette of India, whichever publication is available earlier, shall be the index figure which shall be taken for the purpose of calculation of dearness allowance. (3) For the purpose of calculating dearness allowance for a particular month, the quarterly average for the last quarter for which the final index figures are available on the 15th day of that month shall be taken. Actual payment of this revised dearness allowance shall be made in the month following that in which the relevant index figures are available. ### 9. House Rent Allowance. - [(1) The House Rent Allowance of Class III and Class IV employees except those who have been allotted residential accommodation by the Corporation, shall be as under:- | | | | | --- | --- | --- | | Sl. No. | Place of Posting | Rate of House Rent Allowance | | (1) | (2) | (3) | | (1) | Cities of Mumbai, Kolkata, Chennai, New Delhi, Noida, Faridabad, Ghaziabad, Gurgaon, Navi Mumbai, Hyderabad, Bengaluru and other cities with population of 45 lakhs and above. | 10% of Pay, subject to the minimum of Rs.1165/- per month and the maximum of Rs.5320/- per month. | | (2) | Cities with population exceeding 12 lakhs, but less than 45 lakhs and, except those mentioned at Sl. No. (1) and any city in the State of Goa. | 8% of Pay, subject to the minimum of Rs. 1000/- per month and the maximum of Rs. 4490/- per month . | | (3) | Other places | 7% of Pay.subject to the minimum of Rs. 950/- per month and the maximum of Rs. 4320/- per month | Note. - for the purpose of this sub-rule, - (i) the population figures shall be as per the latest Census Report; (ii) cities shall include their urban agglomerations; and (iii) "pay" means - (a) basic pay including additions to basic pay referred to in rule 7; (b) special allowance referred to in sub-rule(2) (a) of rule 6; (c) graduation allowance payable in the scale of pay of Assistant and Stenographers as provided in rule 19A; (d) special allowance referred to in rule 2 or rule 4 of the Life Insurance Corporation of India Class-III Employees (Special Allowance for Passing Examination) Rules, 1988; (e) Fixed Personal Allowance provided under rule 19D.] (2) Employees who are allotted staff quarters shall not be entitled to any house rent allowance but they shall pay the appropriate licence fee for the staff quartern in their possession: Provided that employees who have been allotted staff quarters before the 1st day of April, 1983, shall continue to receive the house rent allowance paid to them as on the date preceding the date of commencement of this rule. ### 10. [ City Compensatory Allowance] [As amended vide Notification dated 05.09.2005 GSR NO. 561(E) .] . - The City Compensatory Allowance payable to Class III and Class IV employees shall be as under:- | | | | | --- | --- | --- | | Sl. No. | Place of Posting | Rate of City Compensatory Allowance | | (1) | (2) | (3) | | (i) | Cities of Mumbai, Kolkata, Chennai, New Delhi, Noida, Faridabad, Ghaziabad, Gurgaon, Navi Mumbai, Hyderabad, Bengaluru and other cities with population of 45 lakhs and above. | 3% of Pay, subject to the minimum of Rs. 345/- per month and the maximum of Rs. 1055/- per month. | | (ii) | Cities with population exceeding 12 lakhs, but less than 45 lakhs and, except those mentioned at Sl. No. (i) and any city in the State of Goa. | 2.5% of Pay, subject to the minimum of Rs. 285/- per month and the maximum of Rs. 990/- per month . | | (iii) | Cities with population of five lakhs and above but not exceeding twelve lakhs, State Capitals with population not exceeding twelve lakhs, Chandigarh, Mohali, Pondicherry, Port Blair, and Panchkula. | 2% of Pay subject to the minimum of Rs. 210/- per month and the maximum of Rs. 850/- per month | Provided that where any Class III or Class IV employee is in receipt of an amount of Rs.20 per month as city compensatory allowance immediately before the first day of April, 1983, such employee shall continue to receive the said amount so long as he is posted at the same place, to be absorbed in future wage revision. Note. - for the purpose of this rule, - [(i) the population figures shall be as per the latest Census Report; (ii) cities shall include their urban agglomerations; and (iii) "pay" means Basic Pay, Additions to Basic Pay under Rule 7 and Special Allowance payable to Class IV under sub-rule(2) (a) of Rule 6.] ### 11. [ Hill Allowance] [As amended vide Notification dated 05.09.2005 GSR NO. 561(E) .] . - [The scales of Hill Allowance payable to Class III and Class IV employees shall be as follows :- | | | | | --- | --- | --- | | Serial Number | Places | Rates | | (1) | (2) | (3) | | 1. | Posted at placed situated at a height of 1,500 meters and over above mean sea level | at the rate of 2.5% of Basic Pay subject to maximum of Rs.615/- per month | | 2. | Posted at places situated at a height of 1,000 meters and over but less than 1,500 meters above mean sea level, at Mercara and at places which are specifically declared as 'Hill Stations' by Central or State Governments for their employees. | at the rate of 2% of Basic Pay subject to maximum of Rs.485/- per month | | 3. | Posted at places situated at a height of not less than 750 meters above mean sea level which are surrounded by and accessible only through hills with height of 1000 meters and over above mean sea level. | at the rate of 2% of Basic Pay subject to maximum of Rs.485/- per month] | [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] ### 12. [ Maximum limit of pay] [Notified in Gazette of India dated 07.12.1987 and came into force w.e.f. 01.11.1986.] . - "Deleted". ### 13. Bonus. (1) No Class III or Class IV employee shall be entitled to the payment of any profit sharing bonus or any other kind of cash bonus. (2) Notwithstanding anything contained in sub-rule (1), every Class III and Class IV employee shall be entitled to a payment in lieu of bonus for every year commencing on the 1st day of April and ending with the 31st day of March of the following year at such rate and subject to such conditions as the Central Government may, by notification in the Official Gazette, determine having regard to the wage level, the financial circumstances and other relevant factors: Provided that - [(i) no payment in lieu of bonus shall be payable to any employee drawing a salary exceeding Rs. 21,000/- per month. (ii) where the salary of an employee exceeds Rs. 7,000/- per month but does not exceed Rs. 21,000/- per month, the maximum payment in lieu of bonus payable to such employees shall be calculated as if his salary were Rs. 7,000/- per month.] Explanation: For the purpose of this sub-rule 'salary' means basic pay, special allowance, if any, dearness allowance. ### 13A. [ Productivity linked Lumpsum Incentive (PLLI) ] [As amended vide Notification Dated 05.09.2005 GSR No. 561(E) .] . - The Class III and Class IV employees of the Corporation shall be paid Productivity Linked Lumpsum Incentive as under: (i) For the period from the 1st April, 2003 to the 31st March, 2005, one time lumpsum payment of 1% of the (pre-revised) wage bill of Class III and Class IV employees as on the 1st August, 2002 shall be paid as ex-gratia in lieu of Productivity Linked Lumpsum Incentive; (ii) For the period from the 1st April, 2005 to the 31st March, 2009 shall be as specified in the Appendix annexed to these rules: Provided that though the next wage revision falls due on the 1st August, 2007 the same Productivity Linked Lumpsum Incentive scheme shall be applicable upto Financial Year 2008-2009. ### 14. Superannuation and retirement. - An employee belonging to the Class III or Class IV, appointed to the service of the Corporation on or after the 22nd February, 1983, shall retire on completion of [60 years] [Notified in Gazette of India dated 22.0.5.1998.] of age: Provided that the competent authority specified in Schedule IV to the Staff Regulations may, having regard to the recommendations of a Committee, constituted for the purpose and consisting of one Officer not below the rank of Zonal Manager and two Officers not below the rank of Deputy Zonal Manager/Sr. Divisional Manager, is of the opinion that it is in the interest of the Corporation to do so, direct such employee to retire on completion of 55 years of age or at any time thereafter on giving him three months' notice or salary in lieu thereof. ### 15. Re-fixation of salary. (1) On appointment on a regular basis to a higher grade the basic pay of a Class III or Class IV employees shall be initially fixed at one stage above that stage in the higher scale which is next above his basic pay in the lower scale. Provided that where the basic pay in the lower scale is a stage in the higher scale, the basic pay shall be fixed at the stage in the higher scale which is next above his basic pay in the lower scale. Provided further that the basic pay shall be fixed at the minimum of the higher scale where such fixation results in an increase in basic pay of at least one grade increment obtaining at the minimum of the higher scale. Provided also that where a Class III (Supervisory or Clerical) employee is promoted as Class I Officer on or after the 1st April, 1983, his basic pay in the higher scale of pay shall be fixed on the basis of the basic pay which he would have drawn on the date of fixation had he continued in the lower scale of pay applicable to him immediately prior to the 1st of April, 1983. (1A) [omitted............] [Omitted vide Notification dated 22.6.2000 GSR No. 552(E) .] (2) Subject to such conditions as may be imposed from time to time, a personal allowance may be granted to employees promoted to a higher cadre in consideration of the loss in remuneration drawn by them in the lower cadre at the time of promotion. Explanation : For the purpose of this rule, the portion of special allowance specified in the proviso to sub-rule (3) of rule 4 and sub-rule (2) of rule 6 shall be treated as part of basic pay. (3) In the case of an employee appointed to officiate in a higher grade, he shall draw officiating allowance, which shall be equal to the difference between the basic pay in the lower scale and the higher scale under sub-rule (1) and (2). Provided that officiating allowance referred to in sub-rule (3) may be reduced by the appointing authority specified in Schedule I to the Staff Regulations if the officiating arrangement is of a temporary nature and the circumstances justify it. ### 16. Sick Leave. - A Class III or a Class IV employee shall be entitled to sick leave on medical certificate at the rate of one month for each completed year of service, subject to a maximum of sixteen months throughout the service in the Corporation. Provided that the casual leave and the additional casual leave admissible to such employee under sub-regulation (1) and (2) of regulation 62 of the Staff Regulations and not availed of by him, shall be converted into additional sick leave on full pay upto a maximum of two months or on half pay upto a maximum of four months, during the entire period of his service to be availed of by him on production of medical certificate. [Provided further that if an employee is suffering from any of the major diseases of Cancer, Leprosy, T.B., Paralysis, Mental Diseases, Brain Tumour, Cardiac Ailments, AIDS or Kidney Diseases, he may be allowed special sick leave on half pay for a period not exceeding six months if he has to his credit no sick leave including additional sick leave admissible to him.] [As amended vide Notification dated 22.6.2000 GSR No. 552(E) .] ### 17. [ Maternity Leave. [Substituted by Notification No. G.S.R. 404(E) , dated 31.5.2019.] - The competent authority may grant maternity leave to a female employee for a period which may extend up to six months at a stretch subject to a maximum of fifteen months during the entire period of her service: Provided that the maternity leave to a female employee having two or more surviving children shall be granted for a maximum period of three months at a stretch. Provided further that the leave may be granted once during the service to a childless female employee for adopting a child who is below one year age through a proper legal process and on submission of a certified true copy of adoption deed to the corporation and the maximum period of leave shall be twelve weeks or till the child attains the age of one year, whichever is earlier. Provided also that leave of maximum twelve weeks may be granted once during the service to a childless female commissioning mother (a biological mother who uses her egg to create an embryo implanted in any other woman) from the date of birth of the child and such leave may be availed for one child till the child attains the age of one year.] [Substituted by Notification No. G.S.R. 1087 (E) , dated 24.11.2016 (w.e.f. 11.4.1985).] ### 18. [ Provident Fund] [As amended vide Notification dated 22.2.1996 and came into force w.e.f. 1.11.1993.] . (1) Every Class III or Class IV employee other than an employee on probation or an employee appointed on a temporary basis or a transferred employee of the Oriental Government Security Life Assurance Company Limited, who is contributing to the Pension Fund of that company, shall contribute every month to the Provident Fund established by the Corporation at the rate of ten per cent of his pay. The Corporation shall contribute to the Provident Fund an amount equal to actual Contribution of each such employee but not exceeding the employees contribution. Provided that the Corporation shall not be required to make any such contribution to the Provident Fund of an employee governed by the Life Insurance Corporation of India (Employees) Pension Rules, 1995. (2) Transferred employees of the Oriental Government Security Life Assurance Company Limited who are contributing to the Pension Fund of that Company, which is being continued with modifications as a separate fund for such employees only, shall be entitled to pension according to the rules applicable to that fund. (3) Employees referred to in sub-rule (2) may, however, be permitted to contribute to the Provident Fund established by the Corporation but the Corporation shall not be required to make any contribution to the Provident Fund in respect of such employees. Explanation: [omitted.......] [Omitted vide Notification dated 22.6.2000 GSR No. 552(E) .] ### 19. Gratuity. (1) (a) A permanent Class III or Class IV employee who has been in continuous service of the Corporation (including service with the insurer) for not less than 15 years (excluding period of probation or temporary service in respect of employees recruited on or after the 1st September, 1956) and - (i) whose services are terminated by the Corporation for any reason whatsoever; OR (ii) who voluntarily resigns from the service of the Corporation; OR (b) a permanent Class III or Class IV employee - (i) who dies while in the service of the Corporation; OR (ii) who retires from the service of the Corporation; OR (iii) whose services are determined either due to continued illness or accident incapacitating him from the proper discharge of his duties; OR (iv) whose services are dispensed with owing to reduction of staff for reorganisation of establishment; shall be eligible for the payment of gratuity. (2) Gratuity admissible to an employee under sub-rule (1) shall be at the rate of one month's terminal basic pay including the portion of special allowance specified in the proviso to sub-rule (3) of rule 4 or sub-rule (2) of rule 6 for each completed year of continuous service (inclusive of regular salaried service with the insurer) in respect of first 15 years and at the rate of half a month's terminal basic pay including the portion of special allowance specified in the proviso to sub-rule (3) of rule 4 and sub-rule (2) of rule 6 for each completed year of further continuous service; so, however, that the total gratuity admissible shall not exceed a maximum of 20 months' terminal basic pay including portion of special allowance specified in the proviso to sub-rule (3) of rule 4 or sub-rule (2) of rule 6. [............deleted] [Notified in Gazette of India dated 11.9.1986. The words and figures Rupees Thirty Six Thousand or whichever is less have been deleted w.e.f. 1.4.1983.] Explanation: For the purpose of computation of gratuity under this sub-rule any period spent by an employee on extra-ordinary leave, exceeding 12 months during the entire period of his service shall be excluded. (3) Gratuity admissible to a Class in or Class IV employee shall be determined in accordance with the provisions of sub-rule (2) or calculated under the Payment of Gratuity Act, 1972 ( 39 of 1972 ), whichever is more favourable to him. [Provided that] [Notified in Gazette of India dated 11.9.1986 and came into force w.e.f. 1.4.1983.] - (a) while calculating the gratuity under the said Act, the monthly salary/ of an employee shall be deemed to be his terminal basic pay, dearness allowance, additional dearness allowance and the special allowance as specified in the proviso in sub-rule (3) of rule 4 and sub-rule (3) of rule 6. (b) [ the provisions of the said Act shall apply notwithstanding that monthly salary of an employee calculated in accordance with clause (a) exceeds [(two thousand five hundred rupees)] [Notified in Gazette of India dated 22.8.88 and came into force w.e.f. 1.10.87.] (c) in the case of an employee who dies while in service of the Corporation after having completed 15 years of continuous service, the gratuity under the said Act shall be calculated at the rate of one month's salary for every completed year of service. (d) the amount of gratuity calculated under the said Act shall in no case exceed [the maximum prescribed under the said Act] [Notified in Gazette of India dated 30.8.1999 and has come into force w.e.f. 24.5.1994.] . (4) Subject to any lien the Corporation may have on the amount of gratuity admissible to an employee, the Corporation shall pay to the employee or to the nominee or nominees of the employees, or if no nomination has been made or is subsisting to the heirs of the employee, the amount of gratuity admissible under this rule, (5) Notwithstanding anything contained in sub-rules (1) and (4) - [(i) where the penalty of dismissal is imposed on an employee for any act involving violence against the management or other employees or any riotous or disorderly behaviour in or near the place of employment or for an offence involving moral turpitude provided that such offence is committed by him in the course of his employment, the gratuity payable to him shall stand wholly forfeited; and (ii) where the penalty of compulsory retirement, removal from service or dismissal is imposed on an employee for any act involving the Corporation in financial loss, the gratuity payable to him shall stand forfeited to the extent of such loss.] ### 19A. [ Graduation Increments and Graduation Allowance] [As amended vide Notification dated 2262000 (GSR No. 552(E) ).] . (a) Graduation Increments - An employee in the scale of Assistant or Stenographer (i) who is graduate of a recognised university at the time of appointment or (ii) who becomes graduate of the recognised university after the date of appointment shall be granted two increments in the scale of pay applicable to him on and from the date of appointment, in case of employee covered under clause (i) and from the first day of the month following the month in which the result of the examination is declared, in case of employee covered under clause (ii). (b) Graduation Allowance - (i) Graduation Allowance payable to the employees in the scale of Record Clerk - an employee in the scale of Record Clerk who is a graduate of a recognised university at the time of his appointment or who becomes a graduate of a recognised university after his appointment to such post, shall be granted graduation allowance of [Rs 535/-] [Substituted 'Rs 320/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] p.m. from the date of his appointment as Record Clerk or from the first day of the month following the month in which the result of the examination is declared respectively, which shall not count for any purposes. (ii) Graduation Allowance payable to the employees in the scale of Assistant and Stenographer - (a) an employee in the scale of Assistant or Stenographer who becomes a graduate of a recognised university after reaching maximum of the scales applicable to him shall be granted graduation allowance of [Rs 1000/-] [Substituted 'Rs 530/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] p.m. from the first day of the month following the month in which the result of the examination is declared. (b) an employee in the scale of pay of Assistant or Stenographer who has received the graduation increments and who reaches the maximum of the scale of pay referred to in sub-rule (1) of rule 4 of the said rules shall be granted graduation allowance of [Rs 510/-] [Substituted 'Rs 270/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] per month from the first day of the month following the completion of one year of service commencing from the date of reaching such maximum: (c) an employee in the scale of pay of Assistant or Stenographer who has received the graduation increments and who reaches the maximum of the scale of pay referred to in sub-rule (1) of rule 4 of the said rules shall be granted graduation allowance at the rate of [Rs 1000/-] [Substituted 'Rs 530/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] per month from the first day of the month following the completion of two years of service commencing from the date of reaching such maximum. (d) the graduation allowance payable to the employees in the scale of Assistant or Stenographer shall not be treated as part of basic pay, provided, however, that the said allowance shall count for the purpose of Dearness Allowance, Provident Fund, Gratuity, Pension, Encashment of Privilege Leave, House Rent Allowance and fixation of salary on promotion; Provided that those who are in receipt of Graduation Allowance under these rules shall continue to get the benefit: Provided further that those who become Graduates after 31st July, 2007 shall not be eligible for Graduation Allowance under these rules. ### 19B. [omitted........... [Omitted vide Notification dated 22.6.2000 (GSR No. 552(E) ).] ] [As amended by Notification dated 12.5.1989.] ### 19C. Personal Allowance. - [Personal Allowance granted to an employee shall be adjusted against any increase in [basic pay] [Amended by Notification dated 4.2.93 and came into force w.e.f. 1.8.87.] which the employee may be entitled to in terms of these rules.] [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] ### 19D. [ Fixed Personal Allowance] [As amended vide Notification dated 22.6.2000 (GSR No. 552(E) ). ] . (1) A Class-III or Class-IV employee who has reached die maximum of the scale of pay applicable to him or who has been in receipt of one or more additions to the basic pay referred to in rule 7 of the these rules on the first day of November, 1993, shall be paid a fixed personal allowance on account of computerisation, which shall be equal to the last increment drawn by him in the scale of pay applicable to him on the first day of November, 1993. (2) A Class-III or a Class-IV employee who is in receipt of an increment on account of computerisation and who has reached the maximum of the scale of pay applicable to him shall be paid the fixed personal allowance referred to in sub-rule (1) on the expiry of a period of one year or reaching the maximum of the scale of pay. (3) Fixed personal allowance shall count for the purposes of House Rent Allowance, Provident Fund, Gratuity, Pension, Encashment of Privilege Leave. (4) Additional Increment for Computerisation for Class-III and Class-IV employees who have joined the services of the Corporation after 1.11.1993 but before the date of the publication of this notification in the official gazette, namely, The Class-III and Class-IV employees who have joined the services of the Corporation after 1.11.1993 but before the date of publication of this notification in the official gazette shall be granted one increment in the scale of pay applicable to them on the date of publication of this notification in die official gazette, with effect from the first day of the month following the date of publication of this notification in the official gazette, subject to the following conditions: (i) Such of those Class-III and Class-IV employees on their first appointment in the corporation's service were on probation on the date of publication of this notification in official gazette shall be granted the said increment only on completion of 365/366 days of service after the date of confirmation; (ii) A Class-III and Class-IV employee who is in receipt of the said increment and who reaches maximum of the scale of pay applicable to him shall be paid the Fixed Personal Allowance, which shall be equal to the last increment in the scale of pay applicable to him, on the first day of the month following die date of publication of this notification in the official Gazette, on the expiry of a period of one year of reaching the maximum of the scale of pay, and such Fixed Personal Allowance shall count for the purposes of House Rent Allowance, Provident Fund, Pension, Gratuity and Encashment of Privilege Leave. (iii) [ Any Class III or Class IV employee who has joined the services of the corporation after the 22nd June, 2000 shall not be eligible for this increment.] [As inserted vide Notification dated 05.09.2005 (GSR No. 561(E) ).] ### 19E. Transport Allowance. - Every Class III or Class IV employee, other than an employee appointed on temporary basis, shall be paid Transport Allowance at the rate of [Rs.460/-] [Substituted 'Rs.275/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] per month. ### 19F. [ Paradeep Port Allowance] [As inserted vide Notification dated 05.09.2005 (GSR No. 561(E) ).] . - Every Class III and Class IV employee working in office(s) at Paradeep shall be paid "Paradeep Port Allowance" of [Rs 185/-] [Substituted 'Rs 110/-' by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] per month with effect from the first of the month following the date of this notification or the date of joining at Paradeep, whichever is later. This allowance shall not rank for any benefits. ### 20. Interpretation. - Where any doubt or difficulty arises as to the interpretation of these rules, it shall be referred to the Central Government for its decision. [Appendix] [As inserted vide Notification dated 05.09.2005 (GSR No. 561(E) ).] Productivity Linked Lump Sum Incentive (PLLI) Scheme (See rule 13A) | | | | --- | --- | | Conditions for grant of Productivity linked Lumpsum incentive | (1) Grant of Productivity Linked Lumpsum Incentive shall depend upon performance of the Corporation as a whole in the following areas: Growth in New Policies: Growth in First Year Premium Income: Growth in Total Premium Income: Early Claim Ratio; and Growth in Income from Real Estate. | | (2) The Productivity Linked Lumpsum Incentive will be calculated on Financial Year basis and will depend upon the level of performance achieved by the Corporation on the five parameters as mentioned above. | | (3) The Productivity Linked Lumpsum Incentive will be payable only if the achievement of Corporation exceeds the threshold level on Total Premium Income as specified in the Table (1) below. | | (4) The calculation of Productivity Linked Lumpsum Incentive shall be based on the Weighted Average Method which shall be calculated on the five parameters given in item (1) above. The percentage so arrived shall be rounded off to nearest integer. Tire eligible Productivity Linked Lumpsum incentive percentage shall be the Productivity Linked Lumpsum Incentive percentage arrived at by applying the Weighted Average Method or the percentage of Productivity Linked Lumpsum Incentive under Total Premium Income whichever is lower. | | (5) The following weightage shall be applied: {| | | | Parameter | Weightage | | (i) | Total Premium Income | 4 | | (ii) | First Year Premium Income | 4 | | (iii) | New Policies | 3 | | (iv) | Early Claims Ratio | 2 | | (v) | Rental Income | 2 | |- | (6) Productivity Linked Lumpsum Incentive shall be payable at the levels of 1%, 2%, 3%, etc. upto a maximum of 6% of the pre-revised wage bill of Class III and Class IV employees as on the 1st August, 2002 depending upon the achievements of the volumes in the above mentioned areas as per the tables appended hereto. |- | (7) The Total Premium Income and First Year Premium Income for the purpose shall be the premium income on individual assurance policies plus 10% of premium in respect of Jeevan Suraksha and other Individual Pension Plans plus 1.25% of premium in respect of Bima Nivesh, Jeevan Akshay and other single premium policies, plus 50% of Bima plus, Future plus and like plans and shall exclude Pension and Group Schemes Premium Income.However a marginal shortfall in any of the five parameters noted above may be condoned by the Chairman. |- | (8) The amount of Productivity Linked Lumpsum Incentive in terms of wage bill shall depend upon the volumes achieved by the Corporation in the areas against the percentages mentioned for each parameter in the tables below provided the amount of Total Premium Income as specified in Table 1, First Year Premium Income as specified in Table 2, number of New Policies as specified in Table 3. Rental Income as specified in Table 4 and Early Claim Ratio as specified in Table 5 Income is not less than the amount of Total Premium Income, First Year Premium Income, number of New Policies, Rental Income and Early Claim Ratio, as specified in the respective tables. |- | (9) The Productivity Linked Lumpsum Incentive shall be distributed as a lump sum annually on or after 1st August each year commencing from the 1st April, 2005 for each Financial Years from 2005-2006 to 2008-2009. |- | (10) The proposed Productivity Linked Lumpsum Incentive shall be distributed among various classes in the ratio of pre-revised salary bill as on the 1st August, 2002 to the total wage bill of the Corporation. |- | (11) The Corporation shall be empowered to formulate the decentralized performance norms and to frame the terms and conditions of the Productivity Linked Lumpsum Incentive for its employees to finally take it to the branch level. The Board shall within a period of six months from the date of this notification make regulations to take the Productivity Linked Lumpsum Incentive scheme to the Zone or Division or Branch level. |- | (12) The weightage assigned to the parameters shall remain the same as given under item (5) . |} Table 1 | | | | --- | --- | | Productivity Linked Lumpsum Incentive in terms of percentage of wage bill | Minimum amount of Total Premium Income required to be achieved (Rs. in crores) | | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | | Threshold | 71047 | 83573 | 98307 | 115638 | | 1.00% | 71626 | 84204 | 98999 | 116402 | | 2.00% | 72207 | 84838 | 99694 | 117169 | | 3.00% | 72790 | 85474 | 100392 | 117939 | | 4.00% | 73375 | 86113 | 101094 | 118713 | | 5.00% | 73963 | 86755 | 101798 | 119490 | | 6.00% | 74554 | 87400 | 102506 | 120272 | Table 2 | | | | --- | --- | | Productivity linked Lumpsum Incentive in terms of percentage of wage bill | Minimum amount of First Year Premium Income required to be achieved (Rs. in crores) | | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | | Threshold | 14454 | 15848 | 17242 | 18636 | | 1.00% | 14571 | 15967 | 17363 | 18759 | | 2.00% | 14690 | 16088 | 17485 | 18883 | | 3.00% | 14808 | 16208 | 17608 | 19007 | | 4.00% | 14927 | 16330 | 17731 | 19131 | | 5.00% | 15047 | 16451 | 17854 | 19257 | | 6.00% | 15167 | 16574 | 17978 | 19383 | Table 3 | | | | --- | --- | | Productivity linked Lumpsum Incentive in terms of percentage of wage bill | Minimum number of new policies required to be achieved | | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | | Threshold | 31222179 | 33452923 | 35683667 | 37914411 | | 1.00% | 31476446 | 33705584 | 35934935 | 38164723 | | 2.00% | 31731728 | 33959299 | 36187299 | 38416176 | | 3.00% | 31988029 | 34214075 | 36440766 | 38668779 | | 4.00% | 32245357 | 34469917 | 36695344 | 38922540 | | 5.00% | 32503716 | 34726833 | 36951039 | 39177467 | | 6.00% | 32763114 | 34984829 | 37207860 | 39433567 | Table 4 | | | | --- | --- | | Productivity Linked Lumpsum Incentive in terms of percentage of wage bill | Minimum amount of Rental Income required to be achieved (Rs. in crores) | | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | | Threshold | 60.58 | 64.41 | 68.24 | 72.07 | | 1.00% | 61.07 | 64.9 | 68.72 | 72.55 | | 2.00% | 61.57 | 65.38 | 69.2 | 73.02 | | 3.00% | 62.07 | 65.88 | 69.69 | 73.5 | | 4.00% | 62.57 | 66.37 | 70.17 | 73.99 | | 5.00% | 63.07 | 66.86 | 70.66 | 74.47 | | 6.00% | 63.57 | 67:36:00 | 71.15 | 74.96 | Table 5 | | | | --- | --- | | Productivity Linked Lumpsum Incentive in terms of percentage of wage bill | Maximum ratio of Early Death Claims to Total Death Claims | | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | | Threshold | 26.00% | 25.40% | 24.80% | 24.20% | | 1.00% | 25.90% | 25.30% | 24.70% | 24.10% | | 2.00% | 25.80% | 25.20% | 24.60% | 24.00% | | 3.00% | 25.70% | 25.10% | 24.50% | 23.90% | | 4.00% | 25.60% | 25.00% | 24.40% | 23.80% | | 5.00% | 25.50% | 24.90% | 24.30% | 23.70% | | 6.00% | 25.40% | 24.80% | 24.20% | 23.60% | Foot Note : The principal rules were published vide G.S.R. No. 357(E) dated the 11th April, 1985 and subsequently amended vide G.S.R. No. 18(E) dated the 7th January, 1986, G.S.R. No. 1076(E) dated the 11th September, 1986, G.S.R. No. 961(E) dated the 7th December, 1987, G.S.R. No. 870(E) and 873(E) both dated the 22nd August, 1988, G.S.R. No. 515(E) dated the 12th May, 1989, G.S.R. No. 509(E) dated the 24th May, 1990, G.S.R. No. 620(E) dated the 6th July, 1990, G.S.R. No. 628(E) dated the 10th July, 1990, G.S.R. No. 338(E) dated the 11th July, 1991, G.S.R. No. 697(E) dated the 25th November, 1991, G.S.R. No. 46(E) and 47(E) both dated the 4th February, 1993, G.S.R. No. 746(E) dated the 13th December, 1993, G.S.R. No. 55(E) dated the 2nd February, 1994, G.S.R. No. 595(E) dated the 30th June, 1995, G.S.R. No. 669(E) dated the 27th September, 1995, G.S.R. No. 102(E) dated the 22nd February, 1996, G.S.R. No. 261(E) dated the 22nd May, 1998, G.S.R. No. 532(E) dated the 27th August, 1998, G.S.R. No. 445(E) dated the 18th June, 1999, G.S.R. No. 611(E) dated the 30th August, 1999, G.S.R. No. 552(E) dated the 22nd June, 2000, G.S.R. No. 289(E) dated the 27th April, 2004, G.S.R. No. 561(E) dated the 5th September, 2005 and GSR No. 306(E) dated 25th April, 2007. [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).] [Substituted by Notification No. G.S.R. 30 (E) , dated 14.1.2016 (w.e.f. 11.4.1985).]
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State of Goa - Act -------------------- The Goa Zilla Panchayat (Payment of salaries, allowances to Adhyaksha and Upadhyaksha and sitting fees and other allowances to members of the Zilla Panchayat other than the Adhyaksha and Upadhyaksha) Rules, 2000 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- GOA India The Goa Zilla Panchayat (Payment of salaries, allowances to Adhyaksha and Upadhyaksha and sitting fees and other allowances to members of the Zilla Panchayat other than the Adhyaksha and Upadhyaksha) Rules, 2000 ===================================================================================================================================================================================================================== Rule THE-GOA-ZILLA-PANCHAYAT-PAYMENT-OF-SALARIES-ALLOWANCES-TO-ADHYAKSHA-AND-UPADHYAKSHA-AND-SITTING-FEES-AND-OTHER-ALLOWANCES-TO-MEMBERS-OF-THE-ZILLA-PANCHAYAT-OTHER-THAN-THE-ADHYAKSHA-AND-UPADHYAKSHA-RULES-2000 of 2000 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * Published on 30 March 2000 * Commenced on 30 March 2000 The Goa Zilla Panchayat (Payment of salaries, allowances to Adhyaksha and Upadhyaksha and sitting fees and other allowances to members of the Zilla Panchayat other than the Adhyaksha and Upadhyaksha) Rules, 2000 Published vide Notification No. 35/DP/PAN/ZP/99, dated 30-3-2000 ### 35. /DP/PAN/ZP/99. - Whereas, the draft of the Goa Zilla Panchayat (Payment of salaries, allowances to Adhyaksha and Upadhyaksha and sitting fees and other allowances to members of the Zilla Panchayat other than the Adhyaksha and Upadhyaksha) Rules, 1999, was published as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994 ), in the Official Gazette, Series I No. 28 dated 7-10-99, under notification No. 35/DP/Pan/ZP/99 dated 30-9-99 of the Department of Panchayat Raj and Community Development, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of fifteen days from the date of publication of the said Notification in the Official Gazette; And whereas, the said Gazette was made available to the public on 7-10-1999; And whereas, no objections and suggestions have been received from the public on the said draft by the Government. Now, Therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 134, read with sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994 ), the Government of Goa hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Goa Zilla Panchayat (Payment of salaries, allowances to Adhyaksha and Upadhyaksha and sitting fees and other allowances to members of the Zilla Panchayat other than the Adhyaksha and Upadhyaksha) Rules, 2000. (2) They shall come into force on such date as the Government may by Notification appoint. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994 ); (b) "member" means a member of the Zilla Panchayat as specified by section 117 of the Act; (c) "section" means a section of the Act; (d) Words and expressions used in these rules and not defined shall have the same meaning as assigned to them in the Act. ### 3. Salaries of Adhyaksha and Upadhyaksha. (1) Adhyaksha and Upadhyaksha shall be entitled to the salary as the Government may, by order, from time to time, determine. ### 4. Motor car amenities. - Adhyaksha shall be entitled to the use of the motor car and services of Chauffeur, for the official work, subject to maximum consumption of 200 litres of petrol/diesel per month. The cost of the petrol/diesel in excess of aforesaid quota shall be borne by the Adhyaksha: Provided that, if no motor car and services of chauffeur is provided, he shall be entitled to travelling allowance at the rate of Rs. 2,500/- per month: Provided further that no travelling allowance shall be admissible under this rule if it is claimed under rule 5 hereto. ### 5. Travelling and daily allowance to Adhyaksha. - The Adhyaksha shall be entitled to travelling and daily allowances as admissible to the Officers of Group 'A' of the Government, in the pay scale of Rs. 12,000/- - 16,500/- while touring on duty connected with his/her official work: Provided that no daily allowance shall be admissible for days of half exceeding 30 days at a time, unless specially permitted by the Government. ### 6. Sumptuary allowance. - The Adhyaksha shall be entitled to sumptuary allowance of Rs. 500/- per month. ### 7. Daily and travelling allowances to Upadhyaksha. (1) Upadhyaksha shall be entitled to daily and travelling allowances as admissible to Group 'A' officers of the Government in the pay scale of Rs. 10,000-15,200 while touring on duty connected with his/her official work. (2) The provisions of proviso to rule 5 of these rules shall, mutatis mutandis, apply for the purpose of daily allowances to the Upadhyaksha. ### 8. Travelling and daily allowances to the elected members. (1) The elected members of the Zilla Panchayat shall be entitled to travelling and daily allowances as admissible to Group 'A' officers, of the Government in the pay scale of Rs. 8,000-13,500, while touring on assigned duty connected with their official work. (2) The provision of proviso to rule 5 of these rules, shall mutatis mutandis, apply for the purpose of daily allowances, to the elected members. ### 9. Travelling and daily allowances to members of the Parliament who are members of the Zilla Panchayat. - The members of the Parliament who are the members of the Zilla Panchayat, shall be entitled to daily allowances and travelling allowances from residence to the Head-quarters of the Zilla Panchayat, as admissible to them by virtue of members of the Parliament. ### 10. Travelling and daily allowances to members of the State Legislative Assembly who are the members of the Zilla Panchayat. - The members of the State Legislative Assembly who are the members of the Zilla Panchayat shall be entitled to daily allowances and travelling allowances from residence to the Head Quarters of the Zilla Panchayat, as admissible to them by virtue of being members of the State Legislative Assembly. ### 11. Travelling and daily allowances to Chairpersons of Village Panchayat who are the members of Zilla Panchayat. (1) The Chairpersons of the Village Panchayat who are members of the Zilla Panchayat shall be entitled to draw travelling and daily allowances as admissible to them by virtue of members of Village Panchayat. (2) The provisions of proviso to rule 5 of these rules shall mutatis mutandis, apply to this rule. ### 12. Sitting fees. (1) Every member of the Zilla Panchayat other than the Adhyaksha and the Upadhyaksha shall be entitled to sitting fees of Rs. 200/- per sitting for attending the meeting of the Zilla Panchayat: Provided that the members who elect to draw sitting fees shall not be entitled to any daily allowances for attending the meetings. (2) No claim is required to be submitted in writing for the sitting fees, the sitting fees shall be paid on the date of the meeting after due acknowledgement. ### 13. Non-entitlement of sitting fees and allowances. (1) No sitting fees or travelling allowances or daily allowances, as the case may be, shall be paid to any member of the Zilla Panchayat, during the absence of such member for the meeting. (2) No travelling allowance shall be paid to any member or Adhyaksha or Upadhyaksha if a journey is less than 8 kilometers. (3) No travelling allowance or daily allowance shall be admissible if the travelling allowance or the daily allowance have been claimed from any other source. ### 14. Medical allowance. - The Adhyaksha and Updhyaksha shall be entitled to the medical reimbursement as laid down from time to time under the Central Service (Medical Attendance) Rules, 1944, as in force. ### 15. Countersignature on daily and travelling allowance bills. (1) The daily and travelling allowance bills of the Adhyaksha shall not require the countersignature of any authority. He shall be his own controlling officer. (2) The daily and travelling allowance bills of Updhyaksha shall be countersigned by the Adhyaksha. (3) The daily and travelling allowance bills of the members of the Parliament and members of the State Legislative Assembly, who are the members of the Zilla Panchayat, shall not require the countersignature by any authority and they shall be their own controlling authority. (4) The daily and travelling allowance bills of other elected members of the Zilla Panchayat shall be countersigned by the Chief Executive Officer. ### 16. Time limit for submission of claims. - The claim for travelling allowance shall be admitted during the financial year in which the journey is made, provided that,- (i) such claim may normally be preferred before the 15th day of the following month in which the journey is made and not later than three months of its becoming due; (ii) a claim for travelling allowance for a journey performed in the month of February or March, if preferred before the end of the following month of April, be admitted for payment in the following financial year; (iii) a claim preferred within three months of its becoming due but not paid during the same financial year due to any reasons, may be paid during the next financial year or thereafter; (iv) no claim preferred after the expiry of three months of its becoming due shall be admitted, except for sufficient and valid reasons to be approved by the Zilla Panchayat. ### 17. Conditions and documents to be furnished alongwith claims for allowances. - A claim for daily and travelling allowances admissible under these rules shall be made in writing subject to conditions and alongwith the following certificates,- (i) that he/she was not provided with any transport at the expenses of the Zilla Panchayat or Village Panchayat or the Government; (ii) daily and travelling allowances claimed is in accordance with the rules and that the amount claimed is correct; (iii) that he/she has not received any amount in respect of the claim from any other source; (iv) he/she has actually performed the journey. ### 18. General. - In respect of amounts not provided for under these rules, the provisions relating to the travelling and daily allowances as admissible to the Government servants under the relevant rules in force shall respectively apply.
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State of Maharashtra - Act ---------------------------- The Maharashtra Felling Of Trees (Regulation) Act 1964 -------------------------------------------------------- MAHARASHTRA India The Maharashtra Felling Of Trees (Regulation) Act 1964 ======================================================== Act 34 of 1964 ---------------- * Published in Gazette 34 on 10 March 2017 * Assented to on 10 March 2017 * Commenced on 10 March 2017 The Maharashtra Felling Of Trees (Regulation) Act 1964 ACT NO. 34 OF 1964 [4th September, 1964] An Act to make better provision for regulating the felling of certain trees in the State of Maharashtra, for the purpose of the preservation thereof. WHEREAS, it is expedient to make better provision for regulating the felling of certain trees in the State of Maharashtra, for the purpose of the preservation thereof, and for the protection of the soil against erosion and to provide for matters connected therewith; It is hereby enacted In the Fifteenth Year of the Republic of India as follows, namely:— ### 1. Short title and commencement. (1) This Act may be called the Maharashtra Felling of Trees (Regulation) Act, 1964. (2) It extends to the whole of the State of Maharashtra but excluding an urban area. ### 2. Definitions. In this Act, unless the context otherwise requires,— (a) "Code" means the Maharashtra Land Revenue Code, 1966; (b) "Collector" includes a Revenue Officer appointed by the State Government to exercise the powers and perform the functions of the Collector under this Act; (c) "Forest Officer" means a Forest Officer within the meaning of the Indian Forest Act, 1927; (d) "Revenue Officer" means a Revenue Officer within the meaning of the Code; (e) "to fell a tree" includes burning or cutting or lopping a tree to cause substantial damage or destruction thereto; (f) "tree" means any tree specified in the Schedule; and the State Government may, by notification in the official Gazette, add to or modify the Schedule, after considering the necessity for the protection of any variety of trees; and the provisions of sub-section (2) of Sec. 15 in so far as they relate to laying before, and modification by the State Legislature shall apply in relation to such notification as they apply in relation to any rule made under that section; (g) "Tree Officer" means a "Forest Officer" not below the rank of a Range Forest Officer; (h) "urban area" means the area within the limits of a municipality, Municipal Corporation, Municipal Committee, Town Committee, or Notified area committee, or Cantonment constituted under any law for the time being in force; and includes a local area which is specified by the State Government in the official Gazette, being an area which has a population of not less than five thousand and has not less than three-fourths of male workers engaged in non-agricultural pursuits; (i) words and expressions used but not defined in this Act shall have the meanings respectively, assigned to them in the Code. ### 3. Restriction on felling of trees. (1) Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, no person shall fell any tree or cause such tree to be felled in any land, whether of his ownership or otherwise except with the previous permission in writing of a Tree Officer duly empowered by the State Government in that behalf. (1A) If any person wishes to fell a tree, he shall apply in writing to the Tree Officer empowered under sub-section (1) for permission in that behalf. (1B) The Tree Officer on receipt of an application— (a) shall acknowledge the application within seven days; (b) may, after due enquiry, either grant or refuse the permission applied for in accordance with the provisions of rules made under Sec. 15: Provided that, no such permission shall be refused if the tree is dead, diseased or wind fallen, or if it has silver-culture matured, or if it constitutes obstruction to traffic, or if it is substantially damaged or destroyed by fire, lightning, rain, or other natural causes, or if it constitutes an obstruction to efficient cultivation. Provided further that such permission shall be granted subject to the condition that the applicant shall plant equal number of tree of the same or any other species as the Tree Officer may direct on the same site or other suitable place in the vicinity in the ensuing planting season. (1C) If the Tree Officer fails to inform the applicant of his decision within [hundred days] from the date of acknowledgment of the application, or from the date of receipt of the application if not acknowledged, the permission applied for shall deemed to have been granted. (2) Any person aggrieved by an order of the Revenue Officer refusing to grant permission under sub-section (1B) may, within thirty days of the receipt of such order, appeal to the Collector. Subject to such rules of procedure as may be prescribed, the Collector may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper. ### 3A. Power of Tree Officer to order planting of trees. (1) If in the opinion of the Tree Officer the number of trees in any land (other than the land falling in any permanent drought prone area identified by the State Government) is not adequate according to the standards prescribed by rules made under Sec. 15, the Tree Officer may, by order, after giving a reasonable opportunity to the owner or occupier of the land of being heard, require him to plant such trees or additional trees, as the case may be, at such places in the land as may be specified in the order, and the owner or occupier of the land shall comply with the order by planting such trees or additional trees in the ensuing planting season. (2) It shall be the duty of the owner or occupier of the land who is required by an order made under sub-section (1) to plant a tree or trees to ensure that they grow properly and are well preserved. (3) Where the owner or occupier fails to comply with an order made under sub¬section (1) the Tree Officer may, after giving a reasonable opportunity to such owner or occupier of making representation and without prejudice to any other action which may be taken against the defaulter under this Act take necessary action himself and recover the expenditure incurred therefore from the owner or occupier, as the case may be, after giving a notice of demand for the amount payable by him. If the amount is not paid within the time specified by the Tree Officer in the notice, it shall be recovered along with interest at six per cent., per annum and other incidental expenses, if any. ### 4. Penalty for felling trees in contravention of Sec. 3. Any person who, without permission being granted or deemed to have been granted to fall any tree, falls any such tree or causes it to be felled, shall be liable to such penalty not exceeding one thousand rupees as the Tree Officer empowered under Sec. 3 may, after holding an inquiry and giving such person an opportunity of being heard, deem fit to impose; and the Tree Officer may further order that any such tree so felled (which is not the property of Government) shall be forfeited to the State Government along with the tools, boats, vehicles or other conveyances used in felling and removing, any such tree. ### 5. Contravention of Sec. 3 to be reported by certain officers. (1) Every Revenue Officer, Forest Officer and Police Officer shall be bound— (a) to give immediate information of any contravention of Sec. 3 to the officer empowered under that section and of the intention or preparation to commit such contravention which may come to him knowledge; (b) to take all reasonable measures in his power to prevent such contravention which he may know or have reason to believe is about or likely to be committed. (2) Any Revenue Officer, not below the rank of an Aval Karkun or Naib Tehsildar, Forest Officer not below the rank of a Range Forest Officer and Police Officer not below the rank of A Sub-Inspector may enter upon any land, where he has reason to believe that any tree has been or is being felled, in contravention of Sec. 3 and seize such felled tree or any lopping thereof, together with its produce and tools, boats, vehicles and other conveyances used in committing such contravention, place on such property a mark indicating that the same has been so seized and shall make a report of such seizure to the Tree Officer empowered] under Sec. 3. (3) Where any property is seized under sub-section (2), the officer seizing it shall keep the property in his own custody, or in the custody of any of his subordinates, and shall be responsible for the due custody thereof; Provided that, where the property seized is subject to speedy and natural decay, or when the expenses of keeping it in custody are likely to exceed its value, the officer seizing it may sell it at once: Provided further that, where such property cannot conveniently be removed, the officer seizing it may, at the instance of the person interested in the property, leave it at the place where it has been seized in the charge of the person interested in the property, or in the charge of any respectable person as will undertake to keep such property, on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property, and produce it when called for. (4) If the property so seized is not ordered to be forfeited to the State Government under Sec. 4, that property shall be returned to the person from whom it was seized. (5) If any claim is set up by a third person to the property seized as aforesaid, the '[Tree Officer] empowered under Sec. 3 shall inquire into the claim and may admit or reject it, after hearing such person in respect thereof. ### 6. Procedure in cases to be dealt with under this Act. Subject to the provisions of this Act and the rules made there under, the provisions of Chapters XII and XIII of the Code shall apply in relation to cases dealt with under this Act as those provisions apply in relation to cases of unauthorised felling of trees dealt with under the Code. ### 7. Award of penalty or confiscation not to interfere with other punishments. The award of any penalty or confiscation of any property under this Act shall not prevent the inflicting of any punishment to which the person affected thereby is liable under any other law. ### 8. Inquiries and proceedings to be Judicial proceedings. All inquiries and proceedings before any Tree Officer shall be deemed to be judicial proceedings within the meaning of Sees. 193, 219 and 228 of the Indian Penal Code. ### 9. Officers to be public servants. The officers exercising powers or discharging any duties or functions under this Act shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Penal Code. ### 10. Execution of order for payment of money. Any sum the payment of which has been directed by any Tree Officer or State Government under this Act shall be recoverable from the person ordered to pay the same as an arrear of land revenue. ### 11. Bar of proceedings. No suit or proceedings shall lie against the State Government or against any person empowered to exercise powers or to perform duties or discharge functions under this Act, for anything in good faith done or purporting to be done under this Act. ### 12. Exemption. Subject to such conditions (if any) as may be imposed, the State Government may, if it is necessary so to do in the public interest, by notification in the official Gazette, exempt any local area from all or any of the provisions of this Act. ### 13. Savings. Nothing in Sec. 3 shall apply to the felling of any tree for preventing damage to person or property or for abating any nuisance on one's own land. ### 14. Provisions of this Act to be in addition to any other law for the time being in force. The provisions of this Act shall be in addition to the provisions of any other law for the time being in force prohibiting or regulating the felling of trees. ### 15. Power to make rules. (1) The State Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the official Gazette, the rule shall, from the date of such notification, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. [See section 2(f) ] -------------------- (1) Terminalia Chebula (Hirda). (2) Teak (3) Madhuca Latifolia (Mahua, Mhowra or Mahu) (4) Tamarindus Indica (Temarind, Chinch or Imli). (5) Mangifera Indica (Mango) (6) Artocerpus Integrifolia (Jack). (7) Acacia Catechu (Khair). (8) Santalum (Sandal). (9) Pterocarpus marsupium (Bija). (10) Adina cordofolia (Haldu). (11) Ougelnia dalbergioidies (Tiwas). (12) Terminalia tomentosa (Ain). (13) Terminalia Peniculata (Kinjal or Kindal). (14) Hardwickia binata (Anjan). (15) Syzigium cumini, (Jambhul). (16) Mangrove. Explanation:- For the purposes of this entry, "Mangrove" includes Rhizophora mucronata (Lamk) , Rhizophora apiculata (Biam), Ceriops candolleana (Ara), Kandelia rheedei (Wight), Bruguicra gymnorhiza (Lamk), Lumnitzera recemosa (Willd), Sonneratia apetala (Buch Ham), Sonneratia acida (Dinn), Avicenia officinalis (Linn). Avicenia marina (Linn), Acanthus rlicifolius, Aegiceras majus and Salvadora persica (Linn).
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State of Tamilnadu- Act ------------------------- Tamil Nadu Panchayats (Constitution of Committees of Village Panchayats and Delegation of Functions To Such Committees) Rules, 1999 ------------------------------------------------------------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Panchayats (Constitution of Committees of Village Panchayats and Delegation of Functions To Such Committees) Rules, 1999 ===================================================================================================================================== * Published on 10 August 1999 * Commenced on 10 August 1999 Tamil Nadu Panchayats (Constitution of Committees of Village Panchayats and Delegation of Functions To Such Committees) Rules, 1999 Published vide Notification No. G.O. Ms. No. 168, Rural Development (C-4) dated the 10th August 1999 - No. SRO A-59(fa) /99 G.O. Ms. No. 168. - In exercise of the powers conferred by clause (vi) of sub-section (2) of section 242 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and in supersession of the rules relating to the Constitution of Committees of Village Panchayats and the delegation of functions to such Committees, the Governor of Tamil Nadu hereby makes the following rules: - ### 1. Short title. - These rules may be called the Tamil Nadu Panchayats (Constitution of Committees of Village Panchayats and Delegation of Functions to such Committees) Rules, 1999. ### 2. Definition. - In these rules, unless the context otherwise requires, "Act" means the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). ### 3. Constitution of Committees. (1) Every village panchayat shall constitute the following committees, namely: - (i) Appointments Committee. (ii) Welfare Committee. (iii) Health, Water and Sanitation Committee. (iv) Public Distribution System Committee. (v) Agricultural Production Committee. (vi) Works Committee. (vii) Education Committee. (2) The village panchayat concerned shall select members for each committee and the total strength of each committee shall not exceed five and of which not more than two shall be persons other than the members of the village panchayat concerned nominated by the village panchayat from out of persons representing Non-Government Organisations, Social Workers who can contribute ideas in the field concerned for the betterment of villagers. The president and members of the village panchayat may serve in one or more committees: Provided that the appointment committee of the village panchayat shall consist of only the members of village panchayat concerned. Published in Part III-Section 1(a) , of the Tamil Nadu Government Gazette Extraordinary, dated the 16th August 1999. (3) The Chairman for each committee except Appointment Committee shall be selected by the members of the respective committee among themselves. The Chairman of the Welfare Committee, Health, Water and Sanitation Committee and Public Distribution System Committee shall be selected from among the women members of the village panchayat concerned. No such member shall act as Chairman for more than three committees. ### 4. Appointments Committee. - The Appointments Committee shall consist of the president of village panchayat and its two members elected from among its members annually. Every person for appointment to any of the posts sanctioned in the village panchayat as prescribed in section 101 of the Act (except the post those, which is specifically excluded from the purview of the provisions of the Act or the rules made thereunder) and the pay of which is debitable to the funds of the village panchayat shall be selected by the Appointments Committee. ### 5. Welfare Committee. - The Welfare Committee shall look after the welfare of women, children, physically handicapped, destitutes, widows, aged people, bonded labourers, Scheduled Castes and Scheduled Tribes with particular reference to (i) formation of self-help groups, (ii) eradication of child labour, (iii) prohibition of liquor, (iv) female infanticide prevention, (v) anti-dowry promotion, (vi) communal harmony promotion, and (vii) eradication of untouchability. ### 6. Health, Water and Sanitation Committee. (1) The Health, Water and Sanitation Committee shall promote community maintenance of assets in the field of health, drinking water and sanitation, supervise the protected drinking water supply to all the areas of the panchayat village, to ensure prevention of communicable diseases, organise immunisation and vaccination camps and promote better health care and creation of awareness to promote, organise and participate in campaigns, relating to public health, water and rural sanitation. The Committee shall inspect sub-health centres and health centres located in panchayat village, submit its observations and suggestions for discussion in village panchayat. The Committee shall promote participation of the users of drinking water in maintenance of water supply system. The committee shall also promote individual household toilets, group toilets, school and community sanitation. (2) The committee shall assist the village panchayat in the maintenance of hand pumps, power pumps, overhead tanks and any other means of drinking water supply in the panchayat village. ### 7. Public Distribution System Committee. - The Public Distribution System Committee shall assist the village panchayat to watch the functioning of ration shop under public distribution system in the panchayat village. The committee shall monitor timely supply of goods in prescribed quantity and quality, display of daily stock position in retail shop, price of each commodity sold, supply among the card holders and suggest steps to redress the public grievances. ### 8. Agricultural Production Committee. - The Agricultural Production Committee shall plan and assist for the implementation of programmes relating to agriculture, horticulture, sericulture, floriculture, pisciculture, dairy development, poultry development, drought prone area development, watershed, waste land development, social forestry, soil conservation, water management. The Committee shall organise farmers forum in panchayat village to promote application of latest technologies. ### 9. Works Committee. - The works committee shall assist the village panchayat to execute centrally and State sponsored schemes where the guidelines prescribed for the execution of works through public and monitor other works executed in the panchayat village including works related to Government departments and organisations to ensure quality and timely execution. The Committee shall also assist the village panchayat in the preparation of village development plan based on the requirements and local resources. ### 10. Education Committee. - Notwithstanding anything contained in sub-rule (2) of rule 3, the Education Committee shall consist of the members of the village panchayat, public and representatives of Parents Teachers Association It shall monitor the functioning of all schools in its area. The Committee shall plan and organise public participation to develop school infrastructure including building. It shall organise campaign for universal education, non-formal education, maintenance of libraries and promote the literacy and reading habit among public. ### 11. Constitution of Temporary Committee. (1) A village panchayat may constitute any committee other than the Committee specified in sub-rule (1) of rule 3 for any specific purpose of exercising such powers discharging such duties and performing such functions as it may delegate (except irrigation) to such committee, and may also constitute any committee as and when required to inquire into and report or advise on any matter which may be referred to it. The tenure of such committees shall not exceed six months from the date of its constitution. If a committee needs to function for a period longer than six months, prior sanction of the Inspector of Panchayats shall be obtained. (2) The president shall be ex-officio member of all the committees constituted under sub-rule (1) of this rule. ### 12. Inspection. - Every committee may visit and inspect such centre, establishment or institution within the area of the panchayat village. The Chairman of the committee shall intimate in writing to the head of the centre, establishment, institute, as the case may be, three days in advance clearly indicating the date, time and purpose of visit or inspection. ### 13. Notice and agenda for Committee. - The chairman of the committee shall fix the date, time and venue of the meeting of the committee and circulate the agenda for discussion at least three days in advance. ### 14. Periodicity of meeting. - Every committee, except the Appointments Committee, shall meet once in two months. The Appointments Committee shall meet whenever selection for any post in the village panchayat is to be made. ### 15. Plan preparation. - Every committee shall prepare respective sectoral annual and perspective development plan for panchayat village. The chairman of each committee shall submit such plan to the village panchayat for discussion and decision. ### 16. Approval of panchayat. - Every observation, suggestion or recommendation of each committee shall be placed in the meeting of the village panchayat for consideration and decision. ### 17. Grama Sabha to be appraised about the recommendations of the committee. - The village panchayat shall compile the recommendations of the committee every year and appraise the Gram Sabha during its meeting to be held in the quarter of January to March.
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Bombay Presidency - Act ------------------------- Indian Electricity (Bombay Amendment) Act, 1946 ------------------------------------------------- BOMBAY PRESIDENCY India Indian Electricity (Bombay Amendment) Act, 1946 ================================================= Act 18 of 1946 ---------------- * Published on 30 September 1946 * Not commenced An Act to amend the Indian Electricity Act, 1910, in its application to the Province of Bombay. WHEREAS it is expedient to amend the Indian Electricity Act, 1910, in its 1910, application to the Province of Bombay for the purposes hereinafter appearing ; It is hereby enacted as follows : — ### 1. Short title. This Act may be ealied the Indian Electficity (Bombay Amendment) Act, 1946. ### 2. Amendment of sections 5 and 7 of Act IX of 1910. To clause (d) of section 5 and sub-section (2) of section 7 of the Indian Electricity Act, 1910, hereinafter called the said Act, in its application to the province of Bombay, the following proviso shall be added, namely : — “Provided that where the undertaking Vests in the Provincial Government under the provisions of section 7-A for the purposes of valuation, the time of such vesting sliall be deemed to be the time of purchase.” ### 3. Insertion of new section 7-A in Act IX of 1910- After section 7 of the said Act, the following new section shall be inserted namely : — “7-A. (1) Notwithstanding anything contained in any law for the time being in force, the Provincial Government may, — (a) Provincial Government may take possession and control of undertaking before purchase is effected- when it elects under clause (d) of section 5 to purchase an under-taking, or (b) If it elects under Bub-section (2) of section 7 to purchase an undertaking, on the expiry of the period of notice required to be given under sub-section (4) thereof pending the purchase of the undertaking, at any time by order require the licensee to deliver possession of such undertaking to such officer as the Provincial Government may appoint iu that behalf on or before such day as may be specified in the order, and the licensee shall comply with buch order. On failure of the licensee to comply with such order, the Provincial Government may forthwith enter into possession of such undertaking. (2) On the date of compliance with the order, or the day specified therein whichever is earlier the provisions of clause (e) of section 5 or sub-section (3) of section 7, as the case may be, shall, without prejudice to the right of the licensee to payment of the value of the undertaking, apply to such undertaking as if the purchase had been effected.” ### 4. Amendment of section 42 of Act IX of 1910. In section 42 of the 6 aid A.ct, clauses (a) , ( b ) and ( c ) shall be re-lettered as “ (b) ” “ (c) ” and “ (d) ” respectively and before clause (b) as so redettered the following new clause shall be inserted, namely- “ (a) fails to comply with a requisition under section 7-A ; or ” ### 5. . Possession taken before the coming into force of this Act deemed to be possession taken under new section 7-A- Where the Provincial Government has before the conning into force of this Act taken possession of any undertaking pending the purchase thereof by it under the said Act, such possession shall.be deemed to have been taken- in pursuance of an order issued under section 7-A of the said Act.
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State of Uttar Pradesh - Act ------------------------------ U.P. Plastic and Other Non-Biodegradable Garbage Regulation Act, 2000 ----------------------------------------------------------------------- UTTAR PRADESH India U.P. Plastic and Other Non-Biodegradable Garbage Regulation Act, 2000 ======================================================================= Act 29 of 2000 ---------------- * Published on 7 September 2018 * Commenced on 7 September 2018 U.P. Plastic and Other Non-Biodegradable Garbage Regulation Act, 2000 (U.P. Act No. 29 of 2000 ) Statement of Objects and Reasons. - The Uttar Pradesh Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2000 (U.P. Act 29 of 2000 ) has been enacted to provide for regulation of use and disposal of plastic and other non-biodegradable garbage. The polythene/plastic carry bags and thermocol/plastic articles having one time use such as disposable thermocol/plastic cups, glasses and plates are being used widely by the shop keepers, vendors, rehriwalas and others within the State of Uttar Pradesh. Since the said articles are non-biodegradable, they choke drains and sewarage. It also causes health hazards for human being and stray animals like cows and other milch animals due to indiscriminate littering of said articles. In order to deal with the aforesaid problem it has been decided to amend the said Act mainly to provide for,- (a) substituting the word "Regulation" for the words "Regulation of use and disposal" appearing in Section 1 including heading and long title of the said Act; (b) empowering the officers authorised by the State Government to enter and inspect in any place; (c) empowering the State Government to impose by notification, restriction or prohibition on the use, manufacture, sale, distribution, storage, transport, import or export of such plastic or other non-biodegradable material; (d) making penal provisions more stringent; (e) empowering the officers of State Government also for compounding of offences under the Act; (f) empowering the State Government to confer, by notification, such powers and duties of a local authority on a body or an authority constituted by the State Government; (g) bringing the "Thermocol" under the ambit of the said Act. This Bill is introduced to replace the aforesaid Ordinance. An Act to provide for, regulation of use and disposal of plastic and other non-biodegradable garbage and for matters connected therewith or incidental thereto. It is Hereby enacted in the Fifty-first Year of the Republic of India as follows:- ### 1. Short title and commencement. (1) This Act may be called the Uttar Pradesh Plastic and Other Non-Biodegradable Garbage [Regulation] [Substituted '(Regulation of Use and Disposal)' by U.P. Act No. 35 of 2018, dated 7.9.2018.] Act, 2000. (2) It shall be deemed to have come into force on July 11, 2000. ### 2. Definition. - In this Act,- (a) "bio-degradable garbage" means the garbage or waste material capable of being decomposed or destroyed by bacteria or other living beings; (b) "food" means any article used as food or drink for human consumption and includes drug, water, milk, milk product, meat, fish, fruit, vegetable, any article which ordinarily enters into, or is used in the composition, or preparation of, human food and any flavouring matter Or condiments; (c) "house gully" means a passage ox strip of land constructed, set apart or uttlized for the purpose of serving as a drain or of affording access, to a latrine urinal, cesspool or other receptacle for (Sic) or other polluted matter, to persons employed in the cleansing thereof or in the removal of such matter therefrom; (d) "local authority" means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, a Zila Panehayat, a Kshettra Panchayat or a Gram Panchayat constituted, under any law for the time being in force; (e) "market" includes any place where persons assemble for sale or purchase of meat, fish, fruits, vegetable, food or any other edible or non-edible articles or goods for human use or consumption; (f) "non-bio-degradable garbage" means the garbage or waste material which is not bio-degradable garbage and includes plastic; (g) "occupier"includes- (i) any person who, for the time being, is Paying, or is liable to pay, to the owner, the rent or any portion of the rent of the land or building in respect of which such rent is paid or is Payable; (ii) an owner in occupation of, or otherwise using his land or building; (iii) a rent free tenant of any land or building; (iv) any person Who is liable to pay to the owner damages for the use or occupation of any land or building; or (v) a licensee in occupation of any land or building; (h) "owner" means-- (i) 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,- (a) an agent or trustee who receive such rent on account of, the owner; (b) an agent or trustee who receives the rent of, or is entrusted with or is concerned with any premises devoted to religious or charitable purposes; (c) a receiver, sequestrator or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; and (d) a mortgagee in possession. (ii) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat; (i) "place" means any land or building or part of a building and includes the gardens, ground and out-houses, if any, pertaining to a building or part of building; (j) "place open to public view" includes any private, place or building monument, fence or balcony visible to a person being in, or passing along any public place; (k) "Plastic" means a synthetic polymeric substance and includes any material specified in the Schedule; (l) "Public Analyst" means the person appointed or recognised to be the Government Analyst in relation to any environmental laboratory established or recognised in the State, under the provisions of the Environment (Protection) Act, 1986; (m) "public place" means any place which is open to use a and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house gully or way, whether a thoroughfare or not, and any other place to which public are granted access or have a right to resort or over which they have a right to pass. ### 3. Prohibition throw non-biodegradable garbage in public drains and sewage system. (1) No person, himself or through another person or by any means, shall knowingly or otherwise throw or cause to be thrown in any public place, drain, gully, pit, ventilation shaft, pipe and fittings connected with the private or public drainage works, any non-biodegradable garbage or any biodegradable garbage in a non-biodegradable bag or container likely to; (i) injure the drainage and sewage system; (ii) interfere with the free flow or affect the treatment and disposal of drain and sewage contents; and (iii) be dangerous or cause a nuisance or be prejudicial to public health. (2) No person shall, knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safe guards as may be prescribed, any biodegradable or non-biodegradable garbage in any public place or in a place open to public view, unless- (a) the garbage is placed in a garbage receptacle, provided for the same; or (b) the garbage is deposited in a location designated by a local authority having jurisdiction or an area for the disposal of the garbage. ### 4. Provision for placement of receptacles and places for deposit of non-biodegradable garbage. - It shall be the duty of the local authority or any officer authorized by it, in this behalf to, - (a) place or provide at proper and convenient situation public receptacles, depots or places for temporary deposit or collection of non-biodegradable garbage; (b) provide separate dustbins for temporary deposit of non-biodegradable garbage other than those kept and maintained for deposit of biodegradable garbage; (c) provide for the removal of contents of receptacles, depots and of the accumulation at all places provided or appointed by it under clause (a) of this section; and (d) arranges for recycling of the non-biodegradable garbage collected. ### 5. Duty of owners and occupiers to collect and deposit non-biodegradable garbage etc. - It shall be the duty of the owners and occupiers of all lands and buildings,- (a) to collect or cause to be collected from their respective land and building the non-biodegradable garbage and to deposit, or cause to be deposited, in public receptacles, depots or places provided for temporary deposit or collection of the non-biodegradable garbage by the local,authority in the time; (b) to provide separate receptacles or dustbins, other than those kept and maintained for deposit of biodegradable Garbage, of the type and in the manner prescribed by the local authority or for collection therein of all the non-biodegradable waste from such land and building and to keep such receptacles and dustbins in good condition and repair. ### 6. Power of local authorities for removal at non-biodegradable garbage. - The local authority may, by notice in writing, require the owner or occupier or part-owner, or person claiming to be the owner or Part owner of any land or building, which has become a place of unauthorised stacking or deposit of non-biodegradable garbage and is likely to occasion a nuisance, remove or cause to be removed the said garbage so stocked or collected, and if, in its option, such stacking or collection of non-biodegradable waste is likely to obstruct the drainage and sewage system or is likely to be dangerous to life and health, it shall forthwith take such steps at the cost of such persons as it may think necessary. ### 6A. [ Power of entry and inspection. [Inserted by U.P. Act No. 35 of 2018, dated 7.9.2018.] (1) Subject to the provisions of this section, any person empowered by notification by the State Government, in this behalf, shall have the right to enter, at all reasonable times with such assistance as he considers necessary, any place,- (a) for the purpose of performing any of the functions entrusted to him by the State Government; or (b) for the purpose of determining whether and if so in what manner, any such function is to be performed or whether any provision of this Act or the rules made thereunder or any notice, order or direction served, made or, given under this Act is being or has been complied with; or (c) for the purpose of examining any record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing such record, register, document or other material, object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder. (2) Every person handling any non-biodegradable plastic material or non-biodegradable garbage shall be bound to render all assistance to the person empowered under sub-section (1) for carrying out the functions under that sub-section and if he fails, he shall be liable to be punished under this Act. (3) If any person willfully delays or obstructs any person empowered under subsection (1), in the performance of his functions, he shall be liable to be punished under this Act. (4) The provisions of Code of Criminal Procedure, 1973, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of the said Code. (5) Any non-biodegradable garbage, plastic or non-biodegradable material seized under this section shall be disposed of in the manner as the State Government may, by notification, specify.] ### 7. [ [Substituted by U.P. Act No. 35 of 2018, dated 7.9.2018.] The State Government may, by notification, impose restriction or prohibition on the use, manufacture, sale, distribution, storage, transport, import or export of such plastic or other non-biodegradable material or its like as it thinks fit within the State of Uttar Pradesh. ### 8. (1) Whoever uses in contravention or abets the use in contravention of Section 7, shall be punished, in the event of first conviction with imprisonment for a term, which may extend to one month or with fine which shall not be less than one thousand rupees and which may extend to ten thousand rupees and in the event of second or subsequent conviction, with imprisonment for a term which may extend to six months or with fine which shall not be less than five thousand rupees and which may extend to twenty five thousand rupees. (2) Whoever manufactures, sales, distributes, stores, transports, imports or exports or abets the manufacture, sale, distribution, storage, transport, import or export in contravention of Section 7, shall be punished in the event of first conviction with imprisonment for a term which may extend to six months or with fine which shall not be less than ten thousand rupees and which may extend to fifty thousand rupees and in the event of second or subsequent conviction with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty thousand rupees and which may extend to one lakh rupees. (3) Whoever contravenes or abets the contravention of Section 3 or Section 3-A shall be punished in the event of first conviction with fine which shall not be less than one thousand rupees and which may extend to twenty five thousand rupees and in the event of second or subsequent conviction with imprisonment for a term which may extend to one month or with fine which shall not be less than five thousand rupees and which may extend to fifty thousand rupees.] ### 9. Offences by companies. (1) If the person committing an offence under this Act is a company, the company as well as every person, in charge of, or responsible to the company for the conduct of its, business at the time of the commission on the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation :- For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of individual; and (b) "directer" in relation to a firm means a partner in the firm. ### 10. Cognizence of offence. - No court shall take cognizance of an offence under this Act except on complaint in writing made by such officer of the local authority are as may be specified by the State Government by notification. ### 11. Procedure. (1) All offences under this, Act shall be cognizable and bailable. (2) All offences punishable under this Act shall be tried summarily by a Judicial Magistrate of the first class or a Metropolitan Magistrate and the provisions of section 262 to 265 both inclusive of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply to such trial. ### 12. Composition of offence. (1) An offence punishable under this Act may be compounded either before or after the institution of the prosecution [by such officers of the State Government or the local authority] [Substituted 'by such officer of the local authority' by U.P. Act No. 35 of 2018, dated 7.9.2018.] as may be notified by the State Government from time to time, on realisation of such amount of composition fee [as may be specified by notification by the State Government] [Substituted 'as he thinks fit' by U.P. Act No. 35 of 2018, dated 7.9.2018.] not exceeding the miximum amount of fine fixed for the offence and where the offence is so compounded. (a) before the institution of the prosecution, the offender shall not be laible to prosecution, for such offence and shall, if in custody be set at liberty; (b) after the institution of the prosecution the composition shall amount to acquittal of the offender. ### 13. Power of the State Government to give direction. - The State Government may give to a local authority such direction not inconsistent with this Act, as it considers necessary of expedient for carrying out the purposes of this Act and the local authority shall comply with such direction. ### 13A. [ [Inserted by U.P. Act No. 35 of 2018, dated 7.9.2018.] For carrying out the purposes of this Act, in any area, the State Government may, by notification, confer such powers and duties of a local authority as provided in this Act, on a body or an authority constituted by the State Government and such body or authority shall be deemed to be a local authority under this Act for such area.] ### 14. Power to amend the Schedule. - The State Government may give to a local authority such direction not in consistent with this Act, as it considers necessary of expedient for carrying out the purposes of this Act and the local authority shall comply with such direction; ### 15. Power of delegate. - The State Government may by general or special order, direct that any power exercisable by it under this Act except the, power to make rules, may also be exercised by such officer in such cases and subject to such conditions, if any, as may be specified therein. ### 16. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government, the local authority or any other person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule nude thereunder. ### 17. Other law not affected. - The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. ### 18. Power to remove difficulties. (1) if any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient; for removing the difficulty. (2) No order under sub-section (1) shall be made after the, expiration of a period of two years from the commencement of this Act. (3) Every order made under sub-section (1) shall be laid, as soon as may be, before both the houses of 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 Uttar Pradesh Act. ### 19. Power to make rules. - The State Government may by notification, make rules for carrying out the purposes of this Act. ### 20. Repeal and Saving. (1) The Uttar Pradesh Plastic and other Non-biodegradable Garbage (Regulation of use and Disposal) Ordinance, 2000 is hereby repealed. (2) Notwithstanding such repeal any thing 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, as if this Act were in force at all material times. Schedule ---------- [(See section 2(k) ] [Plastic and Other Non-Biodegradable Material] [Substituted 'Plastic' by U.P. Act No. 35 of 2018, dated 7.9.2018.] ### 1. Polythene ### 2. Nylon ### 3. P.V.C. ### 4. Poly-propylene ### 5. Poly styrene ### 6. [ Thermocol] [Inserted by U.P. Act No. 35 of 2018, dated 7.9.2018.]
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State of Maharashtra - Act ---------------------------- Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973 --------------------------------------------------------------------------------- MAHARASHTRA India Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973 ================================================================================= Act 33 of 1973 ---------------- * Published on 8 September 1973 * Commenced on 8 September 1973 Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973 Maharashtra Act No. 33 of 1973 Statement of Objects and Reasons. - The new education system of 10+2+3 was approved by the State and Central Government at the level of Chief Ministers conference. Introduction of this system involved the colleges only as in-charge of the three or more years Bachelors Degree Courses and POst-Graduate education. With this new system, a certain number of lecturers and teachers were likely to be rendered surplus, resulting into joining higher secondary schools or classes run by the colleges, as higher secondary school teachers. But according to statutes and rules of the some of the Universities in the State, a tutor, lecturer or a professor in the non-Government affiliated colleges is confirmed automatically after completion of two years of service. After the introduction of 10+2+3 system, as the surplus teachers were likely to be retrenched or persuaded to be absorbed in the staff of higher secondary classes, the postponement of confirmation of the teachers already serving became incumbent. As the academic year was to begin since June, and the House of Legislatures were not in session the Ordinances was promulgated. [Dated 8th September, 1973] For Statements of Objects and Reasons, see Maharashtra Government Gazette, 1973, Part V, page 208. An Act to provide for the postponement of confirmation in service of teachers in affiliated and constituent colleges if certain Universities in view of proposed revision of the pattern of education Whereas at present courses for the degree of Bachelor of Arts, Science, Commerce or Engineering take four years and courses in the school in the State ten or eleven years. And Whereas it is proposed to revise the pattern of education in schools and colleges in the State, so as to have a ten years course for secondary education, two years course for higher secondary education, and three or more years courses for the degrees of Bachelor of Arts, Science, Commerce or Engineering; And Whereas it is proposed to introduce in colleges and selected higher secondary schools, a two years course of higher secondary education; And Whereas as a consequence of the aforesaid the number of teachers in the affiliated or constituent colleges under certain Universities may have to be reduced, and it is necessary to provide for the postponement of the confirmation in service of teachers of colleges ; And Whereas it is expedient to make a law for the purposes aforesaid and for matters connected therewith or incidental thereto; It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows :- ### 1. Short title and commencement. (1) This Act may be called the Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973. (2) It shall be deemed to have come into force on the 31st day of May 1973. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "college" means an affiliated or constituent college (but does not include a Government college) ; (b) "relevant Act" means the Poona University Act, 1948, the Shreemati Nathibai Damodar Thackersey Women's University Act, 1949, the Bombay University Act, 1953, the Marathwada University Act, 1958, the Shivaji University Act, 1962 or the Nagpur University Act, 1963, as the case may be, under which the particular University is established ; (c) "University", in relation to a college, means the University of Poona, the Shreemati Nathibai Damodar Thackersey Women's University, the University of Bombay, the Marathwada University, the Shivaji University or the Nagpur University, as the case may be, to which it is affiliated or of which it is a constituent college; (d) words and expressions used in this Act and not defined shall have the meanings assigned to them in the relevant Act. ### 3. Temporary postponement of confirmation of teachers in colleges. - Notwithstanding anything contained in the relevant Act (and in the Statutes, Ordinances, Regulations and Rules made thereunder), or in any other law for the time being in force, or in any contract, a teacher of a college, who is a temporary employee or on probation and not confirmed immediately before the commencement of the Maharashtra College Teachers (Temporary Postponement of Confirmation) Ordinance, 1973, shall not be confirmed until such date as the State Government may by notification in the Official Gazette appoint; and his services shall be liable to be terminated at any time by the management of the college by giving him one month's notice, or salary in lieu thereof : Provided that, where the confirmation of any teacher is postponed or the services of any teacher are terminated, any such teacher shall be given first preference when any equivalent or lower post of a teacher, to the post held by him immediately before the commencement of the said Ordinance, is to be filled in the college or under the same management for higher secondary education. If the teacher accepts such offer, he shall be appointed by the management to such post on a salary, which shall be not less than the salary he was drawing immediately before the commencement of the said Ordinance, but the scale of pay and other conditions of service (including workload) shall be as attached to the post accepted by him : [Provided further that, as soon as may be after the date aforesaid is appointed by the State Government by notification in the Official Gazette, a teacher of a college, who was a temporary employee or on probation and not confirmed immediately before the commencement of the said Ordinance and whose services were continued upto that date, shall be confirmed by the management of the college from the date on which he would have been otherwise confirmed, but for the provisions of this Act.] [This proviso was deemed always to have been added by Maharashtra 25 of 1975, section 2.] ### 4. Repeal of Maharashtra Ordinance IX of 1973 and saving. (1) The Maharashtra College Teachers (Temporary Postponement of Confirmation) Ordinance, 1973, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken by or under the said Ordinance, shall be deemed to have been done or taken by or under the corresponding provisions of this Act.
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Union of India - Act ---------------------- The Information Technology (Certifying Authorities) Rules, 2000 ----------------------------------------------------------------- UNION OF INDIA India The Information Technology (Certifying Authorities) Rules, 2000 ================================================================= Rule THE-INFORMATION-TECHNOLOGY-CERTIFYING-AUTHORITIES-RULES-2000 of 2000 --------------------------------------------------------------------------- * Published on 17 October 2000 * Commenced on 17 October 2000 The Information Technology (Certifying Authorities) Rules, 2000 Published Vide Notification G.S.R. 789(E) , dated 17-10-2000, published in the Gazette of India, Extraordinary Part 2, Section 3(i), dated 17-10-2000 Last Updated 11th March, 2019 [13/633] G.S.R. 789(E) , dated 17th October, 2000. - In exercise of the powers conferred by section 87 of the Information Technology Act, 2000 ( 21 of 2000 ), the Central Government hereby makes the following rules regulating the application and other guidelines for Certifying Authorities, namely :- ### 1. Short title and commencement. (1) These rules may be called The Information Technology (Certifying Authorities) Rules, 2000. (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 Information Technology Act, 2000 ( 21 of 2000 ); (b) "applicant" means Certifying Authority applicant; (c) "auditor" means any internationally accredited computer security professional or agency appointed by the Certifying Authority and recognized by the Controller for conducting technical audit of operation of Certifying Authority; (d) "Controller" means Controller of Certifying Authorities appointed under sub-section (1) of section 17 of the Act; (e) "Digital Signature Certificate" means Digital Signature Certificate issued under sub-section (4) of section 35 of the Act; (f) "information asset" means all information resources utilized in the course of any organisation's business and includes all information, applications (software developed or purchased), and technology (hardware, system software and networks); (g) "licence" means a licence granted to Certifying Authorities for the issue of Digital Signature Certificates under these rules; (h) "licensed Certifying Authority" means Certifying Authority who has been granted a licence to issue Digital Signature Certificates; (i) "person" shall include an individual, or a company or association or body of individuals, whether incorporated or not, or Central Government or a State Government or any of the Ministries or Departments, Agencies or Authorities of such Governments; (j) "Schedule" means a Schedule annexed to these rules; (k) "subscriber identity verification method" means the method used to verify and authenticate the identity of a subscriber; (l) "trusted person" means any person who has- (i) direct responsibilities for the day-to-day operations, security and performance of those business activities that are regulated under the Act or these Rules in respect of a Certifying Authority; or (ii) duties directly involving the issuance, renewal, suspension, revocation of Digital Signature Certificates (including the identification of any person requesting a Digital Signature Certificate from a licensed Certifying Authority), creation of private keys or administration of a Certifying Authority's computing facilities. (m) words and expressions used herein and not defined but defined in Schedule IV shall have the meaning respectively assigned to them in that Schedule. ### 3. The manner in which information be authenticated by means of Digital Signature. - A Digital Signature shall,- (a) be created and verified by cryptography that concerns itself with transforming electronic record into seemingly unintelligible forms and back again; (b) use what is known as "Public Key Cryptography", which employs an algorithm using two different but mathematical related "keys" one for creating a Digital Signature or transforming data into a seemingly unintelligible form, and another key for verifying a Digital Signature or returning the electronic record to original form, the process termed as hash function shall be used in both creating and verifying a Digital Signature. Explanation. - Computer equipment and software utilizing two such keys are often termed as "asymmetric cryptography". ### 4. Creation of Digital Signature. - To sign an electronic record or any other item of information, the signer shall first apply the hash function in the signer's software; the hash function shall compute a hash result of standard length which is unique (for all practical purposes) to the electronic record; the signer's software transforming the hash result into a Digital Signature using signer's private key; the resulting Digital Signature shall be unique to both electronic record and private key used to create it; and the Digital Signature shall be attached to its electronic record and stored or transmitted with its electronic record. ### 5. Verification of Digital Signature. - The verification of a Digital Signature shall be accomplished by computing a new hash result of the original electronic record by means of the hash function used to create a Digital Signature and by using the public key and the new hash result, the verifier shall check- (i) if the Digital Signature was created using the corresponding private key; and (ii) if the newly computed hash result matches the original result which was transformed into Digital Signature during the signing process. The verification software will confirm the Digital Signature as verified if- (a) the signer's private key was used to digitally sign the electronic record, which is known to be the case if the signer's public key was used to verify the signature because the signer's public key will verify only a Digital Signature created with the signer's private key; and ### 5A. [ Verification of Digital Signature Certificate. [Inserted by Notification No. G.S.R. 782 (E) dated 25.10.2011 (w.e.f. 17.10.2000)] (a) The self signed certificate generated by the Controller, which begins the trust chain for the public key infrastructure, shall be used to verify the authenticity of the public key certificate of the licensed Certifying Authorities; (b) the public key certificate of the licensed Certifying Authorities shall be used to verify the authenticity of the digital signature certificate issued to the subscribers; (c) the certificate revocation list maintained by the licensed Certifying Authorities shall be checked to confirm whether the certificate is valid or whether it has been revoked under section 38 of the Act; (d) while verifying the validity of a digital signature the corresponding digital signature certificate should chain up through the public key certificate of the issuing Certifying Authority to the self signed certificate of the Controller and if any of the certificates in the trust chain is not trusted the signature will not be verified.] (b) the electronic record was unaltered, which is known to be the case if the hash result computed by the verifier is identical to the hash result extracted from the Digital Signature during the verification process. ### 6. Standards. - The Information Technology (IT) architecture for Certifying Authorities may support open standards and accepted de facto standards; the most important standards that may be considered for different activities associated with the Certifying Authority's functions are as under:- | | | | --- | --- | | THE PRODUCT | The Standard | | Public Key infrastructure | PKIX | | Digital Signature Certificates and Digital Signature revocation list | S.509,Version 3 certificates as specified in ITU RFC 1422. | | Directory (DAP and LDAP) | X.500 for publication of certificates and Certification Revovation Lists (CRLs) . | | Database Management Operations | Use of generic SQL. | | Public Key algorithm | [DSA, RSA and Curves NIST P-256, P-384, or P-521] [Substituted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] | | Digital Hash Function | [SHA-2] [Substituted for the words "SHA-l and SHA-2" by Notification No. G.S.R. 783 (E) dated 25.10.2011 (w.e.f. 17.10.2000)] | | RSA Public Key Technology | PKCS # 1 RSA Encryption Standard[2048, 4096 bit] [Substituted for the words "512, 1024, 2048 bit" by Notification No. G.S.R. 783 (E) dated 25.10.2011 (w.e.f. 17.10.2000)] | | | PKCS # 5 Password Based Encryption Standard | | | PKCS #7 Cryptographic Message Syntax Standard. | | | PKCS#8 Private Key Information Syntax Standard | | | PKCS# 9 Selected Attribute Types | | | PKCS# 10 RSA Certification Request | | | PKCS# 12 Portable Format for storing/transporting a user's private keys and certificates. | | Distinguished name | X.520. | | Digital Encryption and Digital Signature | PKCS# 7. | | [Explanation. [Substituted by Notification No. G.S.R. 783 (E) dated 25.10.2011 (w.e.f. 17.10.2000)] | The Digital signature certificate granted before the commencement of the Information Technology (Certifying Authorities Amendment) Rules, 2011 using SHA-1, digital hash function standard shall continue to be valid till the date of expiry of such certificate.] | ### 7. [ Digital Signature Certificate Standard. [Substituted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] - All Digital Signature Certificates and Certificate Revocation List issued by the Certifying Authorities shall conform to Interoperability Guidelines for Digital Signature Certificates issued by Controller under the Information Technology Act.] | | | --- | | 7. Digital Signature Certificate Standard.- All Digital Signature Certificates issued by the Certifying Authorities shall conform to ITU X .509 Version 3 standard as per rule 6 and shall,inter alia,contain the following data, namely:- (a) Serial Number (assigning of serial number to the Digital Signature Certificate by Certifying Authority to distinguish it from other certificate); (b) Signature Algorithm Identifier (which identifies the algorithm used by Certifying Authority to sign the Digital Signature Certificate); (c) Issuer Name (name of the Certifying Authority who issued the Digital Signature Certificate); (d) Validity period of the Digital Signature Certificate; (e) Name of the subscriber (whose public key the Certificate identifies); and (f) Public Key information of the subscriber. | ### 8. Licensing of Certifying Authorities. (1) The following persons may apply for grant of a licence to issue Digital Signature Certificates, namely:- (a) an individual, being a citizen of India and having a capital of five crores of rupees or more in his business or profession; (b) a company having- (i) paid-up capital of not less than five crores of rupees; and (ii) net worth of not less than fifty crores of rupees: Provided that no company in which the equity share capital held in aggregate by the Non-resident Indians, Foreign Institutional Investors, or foreign companies, exceeds forty-nine per cent of its capital, shall be eligible for grant of licence: Provided further that in a case where the company has been registered under the Companies Act, 1956 ( 1 of 1956 ) during the preceding financial year or in the financial year during which it applies for grant of licence under the Act and whose main object is to act as Certifying Authority, the net worth referred to in sub-clause (ii) of this clause shall be the aggregate net worth of its majority shareholders holding at least 51% of paid equity capital, being the Hindu undivided family, firm or company: Provided also that the majority shareholders referred to in the second proviso shall not include Non-resident Indian, foreign national, Foreign Institutional Investor and foreign company: Provided also that the majority shareholders of a company referred to in the second proviso whose net worth has been determined on the basis of such majority shareholders, shall not sell or transfer its equity shares held in such company- (i) unless such a company acquires or has its own net worth of not less than fifty crores of rupees; (ii) without prior approval of the Controller; (c) a firm having- (i) capital subscribed by all partners of not less than five crores of rupees; and (ii) net worth of not less than fifty crores of rupees: Provided that no firm, in which the capital held in aggregate by any Non-resident Indian, and foreign national, exceeds forty-nine per cent of its capital, shall be eligible for grant of licence: Provided further that in a case where the firm has been registered under the Indian Partnership Act, 1932 ( 9 of 1932 ) during the preceding financial year or in the financial year during which it applies for grant of licence under the Act and whose main object is to act as Certifying Authority, the net worth referred to in sub-clause (ii) of this clause shall be the aggregate net worth of all of its partners: Provided also that the partners referred to in the second proviso shall not include Non-resident Indian and foreign national: Provided also that the partners of a firm referred to in the second proviso whose net worth has been determined on the basis of such partners, shall not sell or transfer its capital held in such firm- (i) unless such firm has acquired or has its own net worth of not less than fifty crores of rupees; (ii) without prior approval of the Controller; (d) Central Government or a State Government or any of the Ministries or Departments, Agencies or Authorities of such Governments. Explanation. - For the purpose of this rule,- (i) "company" shall have the meaning assigned to it in clause 17 of section 2 of the Income-tax Act, 1961 ( 43 of 1961 ); (ii) "firm" , "partner" and "partnership" shall have the meanings respectively assigned to them in the Indian Partnership Act, 1932 ( 9 of 1932 ), but the expression "partner" shall also include any person who, being a minor, has been admitted to the benefits of partnership; (iii) "foreign company" shall have the meaning assigned to it in clause (23-A) of section 2 of the Income-tax Act, 1961 ( 43 of 1961 ); (iv) "net worth" shall have the meaning assigned to it in clause (ga) of sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 ( 1 of 1986 ); (v) "Non-resident" shall have the meaning assigned to it as in clause (26) of section 2 of the Income-tax Act, 1961 ( 43 of 1961 ). (2) The applicant being an individual, or a company, or a firm under sub-rule (1), shall [furnish a performance bond in the form of a banker's guarantee] [ Substituted by G.S.R. 902(E) , dated 21.11.2003, for " submit a performance bond or furnish a banker's guarantee" (w.e.f. 27.11.2003).] from a scheduled bank in favour of the Controller in such form and in such manner as may be approved by the Controller for an amount of not less than [fifty lakhs] [ Substituted by G.S.R. 902(E) , dated 21.11.2003, for " five crores" (w.e.f. 27.11.2003).] of rupees and the [performance bond in the form of banker's guarantee] [ Substituted by G.S.R. 902(E) , dated 21.11.2003, for " performance bond or banker's guarantee" (w.e.f. 27.11.2003).] shall remain valid for a period of six years from the date of its submission: Provided that the company and firm referred to in the second proviso to clause (b) and the second proviso to clause (c) of sub-rule (1) shall [furnish a performance bond in the form of a banker's guarantee] [Substituted by G.S.R. 902(E) , dated 21.11.2003, for " submit a performance bond or furnish a banker's guarantee" (w.e.f. 27.11.2003). ] for [one crore] [Substituted by G.S.R. 902(E) , dated 21.11.2003, for " ten crores" (w.e.f. 27.11.2003). ] of rupees: Provided further that nothing in the first proviso shall apply to the company or firm after it has acquired or has its net worth of fifty crores of rupees. (3) Without prejudice to any penalty which may be imposed or prosecution may be initiated for any offence under the Act or any other law for the time being in force, the [performance bond in the form of banker's guarantee] [Substituted by G.S.R. 902(E) , dated 21.11.2003, for " performance bond or banker's guarantee" (w.e.f. 27.11.2003). ] may be invoked- (a) when the Controller has suspended the licence under sub-section (2) of section 25 of the Act; or (b) for payment of an offer of compensation made by the Controller; or (c) for payment of liabilities and rectification costs attributed to the negligence of the Certifying Authority, its officers or employees; or (d) for payment of the costs incurred in the discontinuation or transfer of operations of the licensed Certifying Authority, if the Certifying Authority's licence or operation is discontinued; or (e) any other default made by the Certifying Authority in complying with the provisions of the Act or rules made thereunder. Explanation. - "Transfer of operation" shall have the meaning assigned to it in clause (47) of section 2 of the Income-tax Act, 1961 ( 43 of 1961 ). ### 9. Location of the facilities. - The infrastructure associated with all functions of generation, issue and management of Digital Signature Certificate as well as maintenance of Directories containing information about the status, and validity of Digital Signature Certificate shall be installed at any location in India. ### 10. Submission of application. - Every application for a licensed Certifying Authority shall be made to the Controller,- (i) in the form given at Schedule I; and (ii) in such manner as the Controller may, from time to time, determine, supported by such documents and information as the Controller may require and it shall inter alia include- (a) a Certification Practice Statement (CPS); (b) a statement including the procedures with respect to identification of the applicant; (c) a statement for the purpose and scope of anticipated Digital Signature Certificate technology, management, or operations to be outsourced; (d) certified copies of the business registration documents of Certifying Authority that intends to be licensed; (e) a description of any event, particularly current or past insolvency, that could materially affect the applicant's ability to act as a Certifying Authority; (f) an undertaking by the applicant that to its best knowledge and belief it can and will comply with the requirements of its Certification Practice Statement; (g) an undertaking that the Certifying Authority's operation would not commence until its operation and facilities associated with the functions of generation, issue and management of Digital Signature Certificate are audited by the auditors and approved by the Controller in accordance with rule 20; (h) an undertaking to submit a performance bond or banker's guarantee in accordance with sub-rule (2) of rule 8 within one month of Controller indicating his approval for the grant of licence to operate as a Certifying Authority; (i) any other information required by the Controller. ### 11. Fee. (1) The application for the grant of a licence shall be accompanied by a non-refundable fee of twenty-five thousand rupees payable by a bank draft or by a pay order drawn in the name of the Controller. (2) The application submitted to the Controller for renewal of Certifying Authority's licence shall be accompanied by a non-refundable fee of five thousand rupees payable by a bank draft or by a pay order drawn in the name of the Controller. (3) Fee or any part thereof shall not be refunded if the licence is suspended or revoked during its validity period. ### 12. Cross certification. (1) The licensed Certifying Authority shall have arrangement for cross certification with other licensed Certifying Authorities within India which shall be submitted to the Controller before the commencement of their operations as per rule 20: Provided that any dispute arising as a result of any such arrangement between the Certifying Authorities, or between Certifying Authorities or Certifying Authority and the subscriber, shall be referred to the Controller for arbitration or resolution. (2) The arrangement for Cross Certification by the licensed Certifying Authority with a Foreign Certifying Authority along with the application, shall be submitted to the Controller in such form and in such manner as may be provided in the regulations made by the Controller; and the licensed Certifying Authority shall not commence cross certification operations unless it has obtained the written or digital signature approval from the Controller. ### 13. Validity of licence. (1) A licence shall be valid for a period of five years from the date of its issue. (2) The licence shall not be transferable. ### 14. Suspension of licence. (1) The Controller may by order suspend the licence in accordance with the provisions contained in sub-section (2) of section 25 of the Act. (2) The licence granted to the persons referred to in clauses (a) to (c) of sub-rule (1) of rule 8 shall stand suspended when the [performance bond in the form of banker's guarantee furnished] [ Substituted by G.S.R. 902(E) , dated 21.11.2003, for " performance bond submitted or the banker's guarantee furnished" (w.e.f. 27.11.2003).] by such persons is invoked under sub-rule (2) of that rule. ### 15. Renewal of licence. (1) The provisions of rule 8 to rule 13, shall apply in the case of an application for renewal of a licence as it applies to a fresh application for licensed Certifying Authority. (2) A Certifying Authority shall submit an application for the renewal of its licence not less than forty-five days before the date of expiry of the period of validity of licence. (3) The application for renewal of licence may be submitted in the form of electronic record subject to such requirements as the Controller may deem fit. ### 16. Issuance of licence . -(1) The Controller may, within four weeks from the date of receipt of the application, after considering the documents accompanying the application and such other factors, as he may deem fit, grant or renew the licence or reject the application: Provided that in exceptional circumstances and for reasons to be recorded in writing, the period of four weeks may be extended to such period, not exceeding eight weeks in all as the Controller may deem fit. (2) If the application for licensed Certifying Authority is approved, the applicant shall- (a) [furnish a performance bond in the form of a banker's guarantee ] [ Substituted by G.S.R. 902(E) , dated 21.11.2003, for " submit a performance bond or furnish a banker's guarantee" (w.e.f. 27.11.2003).] within one month from the date of such approval to the Controller in accordance with sub-rule (2) of rule 8; and (b) [give an undertaking to the Controller] [ Substituted by G.S.R. 535(E) , dated 20.8.2004 (w.e.f. 20.9.2004).] binding himself to comply with the terms and conditions of the licence and the provisions of the Act and the rules made thereunder. ### 17. Refusal of licence. - The Controller may refuse to grant or renew a licence if- (i) the applicant has not provided the Controller with such information relating to its business, and to any circumstances likely to affect its method of conducting business, as the Controller may require; or (ii) the applicant is in the course of being wound-up or liquidated; or (iii) a receiver has, or a receiver and manager have, been appointed by the Court in respect of the applicant; or (iv) the applicant or any trusted person has been convicted, whether in India or out of India, of an offence the conviction for which involved a finding that it or such trusted person acted fraudulently or dishonestly, or has been convicted of an offence under the Act or these rules; or (v) the Controller has invoked performance bond or banker's guarantee; or (vi) a Certifying Authority commits breach of, or fails to observe and comply with, the procedures and practices as per the Certification Practice Statement; or (vii) a Certifying Authority fails to conduct, or does not submit, the returns of the audit in accordance with rule 31; or (viii) the audit report recommends that the Certifying Authority is not worthy of continuing Certifying Authority's operation; or (ix) a Certifying Authority fails to comply with the directions of the Controller. ### 18. Governing Laws. - The Certification Practice Statement of the Certifying Authority shall comply with, and be governed by, the laws of the country. ### 19. Security guidelines for Certifying Authorities. (1) The Certifying Authorities shall have the sole responsibility of integrity, confidentiality and protection of information and information assets employed in its operation, considering classification, declassification, labelling, storage, access and destruction of information assets according to their value, sensitivity and importance of operation. (2) Information Technology Security Guidelines and Security Guidelines for Certifying Authorities aimed at protecting the integrity, confidentiality and availability of service of Certifying Authority are given in Schedule II and Schedule III, respectively. (3) The Certifying Authority shall formulate its Information Technology and Security Policy for operation complying with these guidelines and submit it to the Controller before commencement of operation: Provided that any change made by the Certifying Authority in the Information Technology and Security Policy shall be submitted by it within two weeks to the Controller. ### 20. Commencement of operation by Licensed Certifying Authorities. - The licensed Certifying Authority shall commence its commercial operation of generation and issue of Digital Signature only after- (a) it has confirmed to the Controller the adoption of Certification Practice Statement; (b) it has generated its key pair, namely, private and corresponding public key, and submitted the public key to the Controller; (c) the installed facilities and infrastructure associated with all functions of generation, issue and management of Digital Signature Certificate have been audited by the accredited auditor in accordance with the provisions of rule 31; and (d) it has submitted the arrangement for cross certification with other licensed Certifying Authorities within India to the Controller. ### 21. Requirements prior to Cessation as Certifying Authority. - Before ceasing to act as a Certifying Authority, a Certifying Authority shall,- (a) give notice to the Controller of its intention to cease acting as a Certifying Authority: Provided that the notice shall be made ninety days before ceasing to act as a Certifying Authority or ninety days before the date of expiry of licence; (b) advertise sixty days before the expiry of licence or ceasing to act as Certifying Authority, as the case may be, the intention in such daily newspaper or newspapers and in such manner as the Controller may determine; (c) notify its intention to cease acting as a Certifying Authority to the subscriber and Cross Certifying Authority of each unrevoked or unexpired Digital Signature Certificate issued by it: Provided that the notice shall be given sixty days before ceasing to act as a Certifying Authority or sixty days before the date of expiry of unrevoked or unexpired Digital Signature Certificate, as the case may be; (d) the notice shall be sent to the Controller, affected subscribers and Cross Certifying Authorities by digitally signed e-mail and registered post; (e) revoke all Digital Signature Certificates that remain unrevoked or unexpired at the end of the ninety days notice period, whether or not the subscribers have requested revocation; (f) make a reasonable effort to ensure that discontinuing its certification services causes minimal disruption to its subscribers and to persons duly needing to verify digital signatures by reference to the public keys contained in outstanding Digital Signature Certificates; (g) make reasonable arrangements for preserving the records for a period of seven years; (h) pay reasonable restitution (not exceeding the cost involved in obtaining the new Digital Signature Certificate) to subscribers for revoking the Digital Signature Certificates before the date of expiry; (i) after the date of expiry mentioned in the licence, the Certifying Authority shall destroy the certificate-signing private key and confirm the date and time of destruction of the private key to the Controller. ### 22. Database of Certifying Authorities. - The Controller shall maintain a database of the disclosure record of every Certifying Authority, Cross Certifying Authority and Foreign Certifying Authority, containing, inter alia, the following details:- (a) the name of the person/names of the Directors, nature of business, Income-tax Permanent Account Number, web address, if any, office and residential address, location of facilities associated with functions of generation of Digital Signature Certificate, voice and facsimile telephone numbers, electronic mail address(es), administrative contacts and authorized representatives; (b) the public key(s), corresponding to the private key(s) used by the Certifying Authority and recognized foreign Certifying Authority to digitally sign Digital Signature Certificate; (c) current and past versions of Certification Practice Statement of Certifying Authority; (d) time stamps indicating the date and time of- (i) grant of licence; (ii) confirmation of adoption of Certification Practice Statement and its earlier versions by Certifying Authority; (iii) commencement of commercial operations of generation and issue of Digital Signature Certificate by the Certifying Authority; (iv) revocation or suspension of licence of Certifying Authority; (v) commencement of operation of Cross Certifying Authority; (vi) issue of recognition of foreign Certifying Authority; (vii) revocation of suspension of recognition of foreign Certifying Authority. ### 23. Digital Signature Certificate. - The Certifying Authority shall, for issuing the Digital Signature Certificates, while complying with the provisions of section 35 of the Act, also comply with the following, namely:- (a) the Digital Signature Certificate shall be issued only after a Digital Signature Certificate application in the form provided by the Certifying Authority has been submitted by the subscriber to the Certifying Authority and the same has been approved by it: Provided that the application form contains, inter alia, the particulars given in the model Form given in Schedule IV; (b) no interim Digital Signature Certificate shall be issued; (c) the Digital Signature Certificate shall be generated by the Certifying Authority upon receipt of an authorised and validated request for- (i) new Digital Signature Certificates; (ii) Digital Signature Certificates renewal; (d) the Digital Signature Certificate must contain or incorporate, by reference such information, as is sufficient to locate or identify one or more repositories in which revocation or suspension of the Digital Signature Certificate will be listed, if the Digital Signature Certificate is suspended or revoked; (e) the subscriber identity verification method employed for issuance of Digital Signature Certificate shall be specified in the Certification Practice Statement [in accordance with the Identity Verification Guidelines issued by the Controller] [Inserted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] and shall be subject to the approval of the Controller during the application for a licence; (ea) [ subsequent to initial approval of Certification Practice Statement by the Controller during the application for a licence, all the changes in the subscriber identity verification method or guidelines employed for issuance of Digital Signature Certificate shall be in accordance with the Identity Verification Guidelines issued by the Controller and the changes shall be incorporated in the Certification Practice Statement periodically and shall be approved by the Controller.] [Inserted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] (f) where the Digital Signature Certificate is issued to a person (referred to in this clause as a New Digital Signature Certificate) on the basis of another valid Digital Signature Certificate held by the said person (referred in this clause as an Originating Digital Signature Certificate) and subsequently the Originating Digital Signature Certificate has been suspended or revoked, the Certifying Authority that issued the new Digital Signature Certificate shall conduct investigations to determine whether it is necessary to suspend or revoke the new Digital Signature Certificate; (g) the Certifying Authority shall provide a reasonable opportunity for the subscriber to verify the contents of the Digital Signature Certificate before it is accepted; (h) if the subscriber accepts the issued Digital Signature Certificate, the Certifying Authority shall publish a signed copy of the Digital Signature Certificate is a repository; (i) where the Digital Signature Certificate has been issued by the licensed Certifying Authority and accepted by the subscriber, and the Certifying Authority comes to know of any fact, or otherwise, that affects the validity or reliability of such Digital Signature Certificate, it shall notify the same to the subscriber immediately; (j) all Digital Signature Certificates shall be issued with a designated expiry date. ### 24. Generation of Digital Signature Certificate. - The generation of the Digital Signature Certificate shall involve: (a) receipt of an approved and verified Digital Signature Certificate request; (b) creating a new Digital Signature Certificate; (c) binding the key pair associated with the Digital Signature Certificate to a Digital Signature Certificate owner; (d) issuing the Digital Signature Certificate and the associated public key for operational use; (e) a distinguished name associated with the Digital Signature Certificate owner; and (f) a recognized and relevant policy as defined in Certification Practice Statement [in accordance with the X.509 Certificate Policy for India PKI (CP) issued by the Controller.] [Inserted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] ### 25. Issue of Digital Signature Certificate. - Before the issue of the Digital Signature Certificate, the Certifying Authority shall- (i) confirm that the user's name does not appear in its list of compromised users; (ii) comply with the procedure as defined in his Certification Practice Statement including verification of identification and/or employment [in accordance with the Identity Verification Guidelines issued by the Controller;] [Inserted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] (iii) comply with all privacy requirements; (iv) obtain a consent of the person requesting the Digital Signature Certificate, that the details of such Digital Signature Certificate can be published on a directory service. ### 26. Certificate lifetime. (1) A Digital Signature Certificate,- (a) shall be issued with a designated expiry date; (b) which is suspended shall return to the operational use, if the suspension is withdrawn in accordance with the provisions of section 37 of the Act; (c) shall expire automatically upon reaching the designated expiry date at which time the Digital Signature Certificate shall be archived; (d) on expiry, shall not be re-used. (2) The period for which a Digital Signature Certificate has been issued shall not be extended, but a new Digital Signature Certificate may be issued after the expiry of such period. ### 27. Archival of Digital Signature Certificate. - A Certifying Authority shall archive- (a) applications for issue of Digital Signature Certificates; (b) registration and verification documents of generated Digital Signature Certificates; (c) Digital Signature Certificates; (d) notices of suspension; (e) information of suspended Digital Signature Certificates; (f) information of revoked Digital Signature Certificates; (g) expired Digital Signature Certificates, for a minimum period of seven years or for a period in accordance with legal requirement. ### 28. Compromise of Digital Signature Certificate. - Digital Signature Certificates in operational use that become compromised shall be revoked in accordance with the procedure defined in the Certification Practice Statement of Certifying Authority. Explanation. - Digital Signature Certificates shall,- (a) be deemed to be compromised where the integrity of- (i) the private key associated with the Digital Signature Certificate is in doubt; (ii) the Digital Signature Certificate owner is in doubt, as to the use, or attempted use of his key pairs, or otherwise, for malicious or unlawful purposes; (b) remain in the compromised state for only such time as it takes to arrange for revocation. ### 29. Revocation of Digital Signature Certificate. (1) Digital Signature Certificate shall be revoked and become invalid for any trusted use, where- (a) there is a compromise of the Digital Signature Certificate owner's private key; (b) there is a misuse of the Digital Signature Certificate; (c) there is a misrepresentation or errors in the Digital Signature Certificate; (d) the Digital Signature Certificate is no longer required. (2) The revoked Digital Signature Certificate shall be added to the Certificate Revocation List (CRL). ### 30. Fees for issue of Digital Signature Certificate. (1) The Certifying Authority shall charge such fee for the issue of Digital Signature Certificate as may be prescribed by the Central Government under sub-section (2) of section 35 of the Act. (2) Fee may be payable in respect of access to Certifying Authority's X. 500 directory for certificate downloading. Where fees are payable, Certifying Authority shall provide an up-to-date fee schedule to all its subscribers and users, this may be done by publishing fee schedule on a nominated website. (3) Fees may be payable in respect of access to Certifying Authority's X. 500 directory service for certificate revocation or status information. Where fees are payable, Certifying Authority shall provide an up-to-date fee schedule to all its subscribers and users, this may be done by publishing the fee schedule on a nominated website. (4) No fee is to be levied for access to Certification Practice Statement via Internet. A fee may be charged by the Certifying Authority for providing printed copies of its Certification Practice Statement. ### 31. Audit. (1) The Certifying Authority shall get its operations audited annually by an auditor and such audit shall include inter alia,- (i) security policy and planning; (ii) physical security; (iii) technology evaluation; (iv) Certifying Authority's services administration; (v) relevant Certification Practice Statement; (vi) compliance to relevant Certification Practice Statement; (vii) contracts/agreements; (viii) regulations prescribed by the Controller; (ix) policy requirements of Certifying Authorities Rules, 2000. (x) [ compliance to relevant X.509 Certificate Policy for India PKI issued by the Controller; [Inserted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] (xi) compliance to guidelines issued by the Controller for other services like Time Stamping and OCSP service; (xii) compliance to Identity Verification Guidelines issued by the Controller; (xiii) compliance to "Digital Signature Certificates Interoperability Guidelines" issued by the Controller.] (2) [ The Certifying Authority shall conduct half yearly internal audit of the security policy, physical security, planning of its operations and the repository.] [ Substituted by G.S.R. 32(E) , dated 18.1.2006 (w.e.f. 18.1.2006).] (3) The Certifying Authority shall submit copy of each audit report to the Controller within four weeks of the completion of such audit and where irregularities are found, the Certifying Authority shall take immediate appropriate action to remove such irregularities. ### 32. Auditor's relationship with Certifying Authority. (1) The auditor shall be independent of the Certifying Authority being audited and shall not be a software or hardware vendor which is, or has been providing services or supplying equipment to the said Certifying Authority. (2) The auditor and the Certifying Authority shall not have any current or planned financial, legal or other relationship, other than that of an auditor and the audited party. ### 33. Confidential information. - The following information shall be confidential, namely:- (a) Digital Signature Certificate application, whether approved or rejected; (b) Digital Signature Certificate information collected from the subscriber or elsewhere as part of the registration and verification record but not included in the Digital Signature Certificate information; (c) subscriber agreement. ### 34. Access to confidential information. (1) Access to confidential information by Certifying Authority's operational staff shall be on a "need-to-know" and "need-to-use" basis. (2) Paper based records, documentation and backup data containing all confidential information as prescribed in rule 33 shall be kept in secure and locked container or filing system, separately from all other records. (3) The confidential information shall not be taken out of the country except in a case where a properly constitutional warrant or other legally enforceable document is produced to the Controller and he permits to do so. I --- (See rule 10) Form For Application For Grant Of Licence To Be A Certifying Authority For Individual ### 1. Full Name\* ........................................................................................................................................ Last Name/Surname ............................................................................................................ First Name .............................................................................................................................. Middle Name ........................................................................................................................... ### 2. Have you ever been known by any other name? If Yes,-- Last Name/Surname ........................................................................................................... First Name ............................................................................................................................. Middle Name .......................................................................................................................... ### 3. Address A. Residential Address \* Flat/Door/Block No .......................................................................................................... Name of Premises/Building/Village ............................................................................... Road/Street/Lane/Post Office ................................................................................................ Area/Locality/Taluka/Sub-Division Town/City/District ................................................................................................................. State/Union Territory ...................................................Pin................................................ Telephone No. ..................................................................................................................... Fax ......................................................................................................................................... Mobile Phone No ................................................................................................................ B. Office Address \* Name of Office ........................................................................................................................ Flat/Door/Block No. .............................................................................................................. Name of Premises/Building/Village ............................................................................... Road/Street/Lane/Post Office .......................................................................................... Area/Locality/Taluka/Sub-Division ............................................................................... Town/City/District ............................................................................................................ State/Union Territory ................................................... Pin................................................ Telephone No. ....................................................................................................................... Fax ......................................................................................................................................... ### 4. Address for Communication\* Tick --- as applicable A  or B  ### 5. Father's Name \* Last Name/Surname ........................................................................................................... First Name ............................................................................................................................. Middle Name ....................................................................................................................... ### 6. Sex \*(For Individual Applicant only) Tick ' as applicable : Male/Female ### 7. Date of Birth (dd/mm/yyyy)\*. ### 8. Nationality \*.............................................................................................................................. ### 9. Credit Card Details Credit Card Type ....................................................................................................................... Credit Card No. ........................................................................................................................... Issued By ................................................................................................................................... ### 10. E-Mail Address ......................................................................................................................... ### 11. Web URL address ### 12. Passport Details# Passport No .......................................................................................................................... Passport issuing authority .................................................................................................. Passport expiry date (dd/mm/yyyy) ### 13. Voter's Identity Card No. # ........................................................................................................ ### 14. Income Tax PAN No. # ............................................................................................................... ### 15. ISP Details ISP Name\* ............................................................................................................................. ISP's Website Address, if any ............................................................................................... Your User Name at ISP, if any ........................................................................................... ### 16. Personal Web page URL address, if any ............................................................................... ### 17. Capital in the business or profession \* Rs ................................................................................ (Attach documentary proof) For Company/Firm/Body Of Individuals/Association Of Persons/Local Authority ### 18. Registration Number \* ............................................................................................................. ### 19. Date of Incorporation/Agreement/Partnership \* -/-/ ### 20. Particulars of Business, if any:\* Head Office ........................................................................................................................... N acne of Of f ice ............................................................................................................................ Flat/Door/Block No ................................................................................................................ Name of Premises/Building/Village ...................................................................................... Road/Street/Lane/Post Office .......................................................................................... Area/Locality/Taluka/Sub-Division .................................................................................... Town/City/District .......................................................Pin................................................ State/Union Territory ......................................................................................................... Telephone No ....................................................................................................................... Fax ......................................................................................................................................... Web page URL address, if any ........................................................................................... No. of Branches .................................................................................................................... Nature of Business .................................................................................................................... ### 21. Income Tax PAN No.\* ............................................................................................................. ### 22. Turnover in the last financial year Rs ................................................................................... ### 23. Net Worth \* .............................................................................................................................. (Attach documentary proof) ### 24. Paid-up Capital\* ........................................................................................................................ (Attach documentary proof) ### 25. Insurance Details Insurance Policy No. \* .............................................................................................................. Insurer Company .......................................................................................................................... ### 26. Names, Addresses, etc., of Partners/Members/Directors (For information about more persons, please add separate sheet(s) in the format given in the next page) \* No. of Partners/Members/Directors .......................................................................................... Details of Partners/Members/Directors A. Full Name Last Name/Surname ................................................................................................................. First Name ............................................................................................................................. Middle Name ....................................................................................................................... B. Address Flat/Door/Block No ................................................................................................................. Name of Premises/Building/Village ............................................................................... Road/Street/Lane/Post Office ......................................................................................... Area/Locality/Taluka/Sub-Division ............................................................................... Town/City/District .................................................................................................................. State/Union Territory .......................................................... Pin............................................. Telephone No ...................................................................................................................... Fax ......................................................................................................................................... Mobile/Phone No ........................................................................................................................ C. Nationality ............................................................................................................................ In case of foreign national, Visa details ................................................................................... D. Passport Details# Passport No ........................................................................................................................... Passport issuing authority .................................................................................................. Passport expiry date ............................................................................................................. E. Voter's Identity Card No .................................................................................................... F. Income Tax PAN No ............................................................................................................ G. E-mail Address ..................................................................................................................... H. Personal Web page URL, if any ....................................................................................... ### 27. Authorised Representative\* Name ..................................................................................................................................... Flat/Door/Block No. ........................................................................................................... Name of Premises/Building/Village ............................................................................... Road/Street/Lane/Post Office ........................................................................................... Area/Locality/Taluka/Sub-Division ............................................................................... Town/City/District ...........................................................Pin............................................ State/Union Territory .......................................................................................................... Telephone No .......................................................................................................................... Fax ......................................................................................................................................... Nature of Business ............................................................................................................... For Government Ministry/Department/Agency/Authority ### 28. Particulars of Organisation:\* Name of Organisation ........................................................................................................ Administrative Ministry/Department ............................................................................. UnderState/Central Government ..................................................................................... Flat/Dour/Block No .............................................................................................................. Name of Premises/Building/Village ............................................................................... Road/Street/Lane/Post Office .......................................................................................... Area/Locality/Taluka/Sub-Division ............................................................................... Town/City/District ...........................................................Pin............................................ State/Union Territory .......................................................................................................... Telephone No ......................................................................................................................... Fax ......................................................................................................................................... Web page URL Address ...................................................................................................... Name of the Head of Organisation ................................................................................... Designation .......................................................................................................................... E-mail Address ..................................................................................................................... ### 29. Bank Details Bank Name\* ................................................................................................................................ Branch\* ................................................................................................................................. Bank Account No• ............................................................................................... :................. Type of Bank Account\* ........................................................................................................... ### 30. Whether bank draft/Pay Order for licence fee enclosed\* : Y/N. If yes, Name of Bank ....................................................................................................................... Draft/Pay Order No .............................................................................................................. Date of Issue .............................................................................................................................. Amount ........................................................................................... ### 31. Location of facility in India for generation of Digital Signature Certificate\* .................... .................................................................................................................................................... ### 32. Public Key @ ....................................................................................... .............................................................................................................................................. .................................................................................................................................. ### 33. Whether undertaking or [performance bond in the form of banker's guarantee] [Substituted by G.S.R. 902(E) , dated 21.11.2003, for "Bank Guarantee/Performance Bond" (w.e.f. 27.11.2003)] attached\* : Y/N (Not applicable if the applicant is a Government Ministry/Department/Agency/Authority) ### 34. Whether Certification Practice Statement is enclosed\* : Y/N ### 35. Whether certified copies of business registration document are enclosed: Y/N (For Company/Firm/Body of Individuals/Association of Persons/Local Authority) If yes, the documents attached :- (ii) ......................................................................................................................................... (iii) ......................................................................................................................................... (iv) ........................................................................................................................................ ### 36. Any other information .................................................................................................................................................................................................................................. Signature of the Applicant Date : Instructions: 1. Columns marked with\* are mandatory. ### 2. For the columns marked with#, details for at least one is mandatory. ### 3. Column Nos. 1 to 17 are to be filled up by individual applicant. ### 4. Column Nos. 18 to 27 are to be filled up if applicant is a Company/Firm/Body of Individuals/Association of Persons/Local Authority. ### 5. Column No. 28 is to be filled up if applicant is a Government Organisation. ### 6. Column Nos. 29, 30, 31 and 34 are to be filled up by all applicants. ### 7. @Column No. 32 is applicable only for application for renewal of licence. ### 8. Column No. 33 is not applicable if the applicant is a Government Organisation. II ---- [See rule 19(2) ] Information Technology (It) Security Guidelines Index ### 1. Introduction.-This document provides guidelines for the implementation and management of Information Technology Security. Due to the inherent dynamism of the security requirements, this document does not provide an exact template for the organizations to follow. However, appropriate suitable samples of security process are provided for guidelines. It is the responsibility of the organizations to develop internal processes that meet the guidelines set forth in this document. The following words used in the Information Technology Security Guidelines shall be interpreted as follows :- • shall: The guideline defined is a mandatory requirement, and therefore must be complied with. • should: The guideline defined is a recommended requirement. Non-compliance shall be documented and approved by the management. Where appropriate, compensating controls shall be implemented. • must: The guideline defined is a mandatory requirement, and therefore must be complied with. • may: The guideline defined is an optional requirement. The implementation of this guideline is determined by the organisation's requirement. ### 2. Implementation of an Information Security Programme.-Successful implementation of a meaningful Information Security Programme rests with the support of the top management. Until and unless the senior managers of the organization understand and concur with the objectives of the information security programme its ultimate success is in question. The Information Security Programme should be broken down into specific stages as follows: (a) Adoption of a security policy; (b) Security risk analysis; (c) Development and implementation of a information classification system; (d) Development and implementation of the security standards manual; (e) Implementation of the management security self-assessment process; (f) On-going security programme maintenance and enforcement; and (g) Training. The principal task of the security implementation is to define the responsibilities of persons within the organization. The implementation should be based on the general principle that the person who is generating the information is also responsible for its security. However, in order to enable him to carry out his responsibilities in this regard, proper tools, and environment need to be established. When different pieces of information at one level are integrated to form higher value information, the responsibility for its security needs also should go up in the hierarchy to the integrator and should require higher level of authority for its access. It should be absolutely clear with respect to each information as to who is its owner, its custodian, and its users. It is the duty of the owner to assign the right classification to the information so that the required level of security can be enforced. The custodian of information is responsible for the proper implementation of security guidelines and making the information available to the users on a need to know basis. ### 3. Information Classification.-Information assets must be classified according to their sensitivity and their importance to the organization. Since it is unrealistic to expect managers and employees to maintain absolute control over all information within the boundaries of the organization, it is necessary to advise them on which types of information are considered more sensitive, and how the organization would like the sensitive information handled and protected. Classification, declassification, labelling, storage, access, destruction and reproduction of classified data and the administrative overhead this process will create must be considered. Failure to maintain a balance between the value of the information classified and the administrative burden the classification system places on the organization will result in long-term difficulties in achieving success. Confidential is that classification of information of which unauthorized disclosure/use could cause serious damage to the organization, e.g., strategic planning documents. Restricted is that classification of information of which unauthorized disclosure/use would not be in the best interest of the organization and/or its customers, e .g., design details, computer software (programs, utilities), documentation, organization personnel data, budget information. Internal use is that classification of information that does not require any degree of protection against disclosure within the company, e.g., operating procedures, policies and standards inter office memorandums. Unclassified is that classification of information that requires no protection against disclosure, e.g., published annual reports, periodicals. While the above classifications are appropriate for a general organization view point, the following classifications may be considered: Top Secret: It shall be applied to information unauthorized disclosure of which would be expected to cause exceptionally grave damage to the national security or national interest. This category is reserved for Nation's closest secrets and to be used with great reserve. Secret: This shall be applied to information unauthorized disclosure of which could be expected to cause serious damage to the national security or national interest or cause serious embarrassment in its functioning. This classification should be used for highly important information and is the highest classification normally used. Confidentiality: This shall be applied to information unauthorized disclosure of which could be expected to cause damage to the security of the organisation or could be prejudicial to the interest of the organisation, or could affect the organisation in its functioning. Most information will on proper analysis be classified no higher than confidential. Restricted: This shall be applied to information which is essentially meant for official use only and which would not be published or communicated to anyone except for official purpose. Unclassified: This is the classification of information that requires no protection against disclosure. ### 4. Physical and Operational Security. 4.1 Site Design.-(1) The site shall not be in locations that are prone to natural or man-made disasters, like flood, fire, chemical contamination and explosions. (2) Asper nature of the operations, suitable floor structuring, lighting, power and water damage protection requirements shall be provided. (3) Construction shall comply with all 4pplicable building and safety regulations as laid down by the relevant Government agencies. Further, the construction must be tamper-evident. (4) Materials used for the construction of the operational site shall be fire-resistant and free of toxic chemicals. (5) External walls shall be constructed of brick or reinforced concrete of sufficient thickness to resist forcible attack. Ground level windows shall be fortified with sturdy mild steel grills or impact-resistant laminated security glass. All internal walls must be from the floor to the ceiling and must be tamper-evident. (6) Air-conditioning system, power supply system and uninterrupted power supply unit with proper backup shall be installed depending upon the nature of operation. All ducting holes of the air-conditioning system must be designed so as to prevent intrusion of any kind. (7) Automatic fire detection, fire suppression systems and equipment in compliance with requirement specified by the Fire Brigade or any other agencies of the Central or State Government shall he installed at the operational site. (8) Media library, electrical and mechanical control rooms shall be housed in separate isolated areas, with access granted only to specific, named individuals on a need basis. (9) Any facility that supports mission-critical and sensitive applications must be located and designed for repairability, relocation and reconfiguration. The ability to relocate, reconstitute and reconfigure these applications must be tested as part of the business continuity/disaster recovery plan. 4.2 Fire Protection.-(l) Combustible materials shall not be stored within hundred meters of the operational site. (2) Automatic fire detection, fire suppression systems and audible alarms as prescribed by the Fire Brigade or any other agency of the Central or State Government shall be installed at the operational site. (3) Fire extinguishers shall be installed at the operational site and their locations clearly marked with appropriate signs. (4) Periodic testing, inspection and maintenance of the fire equipment and fire suppression systems shall be carried out. (5) Procedures for the safe evacuation of personnel in an emergency shall be visibly pasted/displayed at prominent places at the operational site. Periodic training and fire drills shall be conducted. (6) There shall be no eating, drinking or smoking in the operational site. The work areas shall be kept clean at all times. 4.3 Environmental Protection.-(1) Water detectors shall be installed under the raised floors throughout the operational site and shall be connected to audible alarms. (2) The temperature and humidity condition in the operational site shall be monitored and controlled periodically. (3) Personnel at the operational site shall be trained to monitor and control the various equipment and devices installed at the operational site for the purpose of fire and environment protection. (4) Periodic inspection, testing and maintenance of the equipment and systems shall be scheduled. 4.4 Physical Access-(1) Responsibilities round the clock, seven days a week, three hundred sixty-five days a year for physical security of the systems used for operation and also actual physical layout at the site of operation shall be defined and assigned to named individuals. (2) Biometric physical access security systems shall be installed to control and audit access to the operational site. (3) Physical access to the operational site at all times shall be controlled and restricted to authorised personnel only. Personnel authorized for limited physical access shall not be allowed to gain unauthorized access to restricted area within operational site. (4) Dual control over the inventory and issue of access cards/keys during normal business hours to the Data Centre shall be in place. An up-to-date list of personnel who possess the cards/keys shall be regularly maintained and archived fora period of three years. (5) Loss of access cards/keys must be immediately reported to the security supervisor of the operational site who shall take appropriate action to prevent unauthorised access. (6) All individuals, other than operations staff, shall sign in and sign out of the operational site and shall be accompanied by operations staff. (7) Emergency exits shall be tested periodically to ensure that the access security systems are operational. (8) All opening of the Data Centre should be monitored round the clock by surveillance video cameras. ### 5. Information Management. 5.1 System Administration.-(1) Each organization shall designate a properly trained "System Administrator" who will ensure that the protective security measures of the system are functional and who will maintain its security posture. Depending upon the complexity and security needs of a system or application, the System Administrator may have a designated System Security Administrator who will assume security responsibilities and provide physical, logical and procedural safeguards for information. (2) Organisations shall ensure that only a properly trained System Security Administrator is assigned the system security responsibilities. (3) The responsibility to create, classify, retrieve, modify, delete or archive information must rest only with the System Administrator. (4) Any password used for the system administration and operation of trusted services must not be written down (in paper or electronic form) or shared with any one. A system for password management should be put in place to cover the eventualities such as forgotten password or changeover to another person in case of System Administrator (or System Security Administrator) leaving the organization. Every instance of usage of administrator's passwords must be documented. (5) Periodic review of the access rights of all users must be performed. (6) The System Administrator must promptly disable access to a user's account if the user is identified as having left the Data Centre, changed assignments, or is no longer requiring system access. Reactivation of the user's account must be authorized in writing by the System Administrator (Digitally signed e-mail may be acceptable). (7) The System Administrator must take steps to safeguards classified information as prescribed by its owner. (8) The System Administrator must authorize privileged access to users only on a need-to-know and need-to-do basis and also only after the authorization is documented. (9) Criteria for the review of audit trails/access logs, reporting of access violations and procedures to ensure timely management action/response shall be established and documented. (10) All security violations must be recorded, investigated, and periodic status reports compiled for review by the management. (11) The System Administrator together with the system support staff, shall conduct a regular analysis of problems reported to and identify any weaknesses in protection of the information. (12) The System Administrator shall ensure that the data, file and Public Key Infrastructure (PKI) servers are not left unmonitored while these systems are powered on. (13) The System Administrator should ensure that no generic user is enabled or active on the system. 5.2 Sensitive Information Control.-(1) Information assets shall be classified and protected according to their sensitivity and criticality to the organization. (2) Procedures in accordance with Para 8.3 of these Guidelines must be in place to handle the storage media, which has sensitive and classified information. (3) All sensitive information stored in any media shall bear or be assigned an appropriate security classification. (4) All sensitive material shall be stamped or labelled accordingly. (5) Storage media (i.e. floppy diskettes, magnetic tapes, portable hard disks, optical disks, etc.) containing sensitive information shall be secured according to their classification. (6) Electronic communication systems, such as router, switches, network device and computers, used for transmission of sensitive information should be equipped or installed with suitable security software and if necessary with an encryptor or encryption software. The appropriate procedure in this regard should be documented. (7) Procedures shall be in place to ensure the secure disposal of sensitive information assets on all corrupted/damaged or affected media both internal (e.g. hard disk/optical disk) and external (e.g. diskette, disk drive, tapes, etc.) to the system. Preferably such affected/corrupted/damaged media both internal and external to the system shall be destroyed. 5.3 Sensitive Information Security.-(1) Highly sensitive information assets shall be stored on secure removable media and should be in an encrypted format to avoid compromise by unauthorized persons. (2) Highly sensitive information shall be classified in accordance with Para 3. (3) Sensitive information and data, which are stored on the fixed disk of a computer shared by more than one person, must be protected by access control software (e.g., password). Security packages must be installed with partition or provide authorization to segregated directories/files. (4) Removable electronic storage media must be removed from the computer and properly secured at the end of the work session or workday. (5) Removable electronic storage media containing sensitive information and data must be clearly labelled and secured. (6) Hard disks containing sensitive information and data must be securely erased prior to giving the computer system to another internal or external department or for maintenance. 5.4 Third Party Access.-(1) Access to the computer systems by other organisations shall be subjected to a similar level of security protection and controls as in these Information Technology security guidelines. (2) In case the Data Centre uses the facilities of external service/facility provider (outsourcer) for any of their operations, the use of external service/facility providers (e.g. outsourcer) shall be evaluated in light of the possible security exposures and risks involved and all such agreements shall be approved by the information asset owner. The external service or facility provider shall also sign non-disclosure agreements with the management of the Data Centre/operational site. (3) The external service/facility provider (e.g. outsourcer) shall provide an equivalent level of security controls as required by these Information Technology Security Guidelines. 5.5 Prevention of Computer Misuse.-(1) Prevention, detection, and deterrence measures shall be implemented to safeguard the security of computers and computer information from misuse. The measures taken shall be properly documented and reviewed regularly. (2) Each organization shall provide adequate information to all persons, including management, systems developers and programmers, end-users, and third party users warning them against misuse of computers. (3) Effective measures to deal expeditiously with breaches of security shall be established within each organisation. Such measures shall include: (i) Prompt reporting of suspected breach; (ii) Proper investigation and assessment of the nature of suspected breach; (iii) Secure evidence and preserve integrity of such material as relates to the discovery of any breach; (iv) Remedial measures. (4) All incidents related to breaches shall be reported to the System Administrator or System Security Administrator for appropriate action to prevent future occurrence. (5) Procedure shall beset-up to establish the nature of any alleged abuse and determine the subsequent action required to be taken to prevent its future occurrence. Such procedures shall include: (i) The role of the System Administrator, System Security Administrator and management; (ii) Procedure for investigation; (iii) Areas for security review; and (iv) Subsequent follow-up action. ### 6. System integrity and security measures. 6.1 Use of Security Systems or Facilities.-(1) Security controls shall be installed and maintained on each computer system or computer node to prevent unauthorised users from gaining entry to the information system and to prevent unauthorised access to data. (2) Any system software or resource of the computer system should only be accessible after being authenticated by access control system. 6.2 System Access Control.-(1) Access control software and system software security features shall be implemented to protect resources. Management approval is required to authorise issuance of user identification (ID) and resource privileges. (2) Access to information system resources like memory, storage devices, etc., sensitive utilities and data resources and programme files shall be controlled and restricted based on a "need-to-use" basis with proper segregation of duties. (3) The access control software or operating system of the computer system shall provide features to restrict access to the system and data resources. The use of common passwords such as "administrator" or "president" or "game", etc., to protect access to the system and data resources represent a security exposure and shall be avoided. All passwords used must be resistant to dictionary attacks. (4) Appropriate approval for the request to access system resources shall be obtained from the System Administrator. Guidelines and procedures governing access authorisations shall be developed, documented and implemented. (5) An Access Control System manual documenting the access granted to different level of users shall be prepared to provide guidance to the System Administrator for grant of access. (6) Each user shall be assigned a unique user ID. Adequate user education shall be provided to help users in password choice and password protection. Sharing of user IDs shall not be allowed. (7) Stored passwords shall be encrypted using internationally proven encryption techniques to prevent unauthorised disclosure and modification. (8) Stored passwords shall be protected by access controls from unauthorised disclosure and modification. (9) Automatic time-out for terminal inactivity should be implemented. (10) Audit trail of security-sensitive access and actions taken shall be logged. (11) All forms of audit trail shall be appropriately protected against unauthorised modification or deletion. (12) Where a second level access control is implemented through the application system, password controls similar to those implemented for the computer system shall be in place. (13) Activities of all remote users shall be logged and monitored closely. (14) The facility to login as another user from one user's login shall be denied. However, the system should prohibit direct login as a trusted user (e.g., root in Unix, administrator in Windows NT or Windows 2000). This means that there must be a user account configured for the trusted administrator. The system requires trusted users to change their effective username to gain access to root and to re-authenticate themselves before requesting access to privileged functions. (15) The startup and shutdown procedure of the security software must be automated. (16) Sensitive Operating System files, which are more prone to hackers must be protected against all known attacks using proven tools and techniques. That is to say no user will be able to modify them except with the permission of System Administrator. 6.3 Password Management.-(1) Certain minimum quality standards for password shall be enforced. The quality level shall be increased progressively. The following control features shall be implemented for passwords: (i) Minimum of eight characters without leading or trailing blanks; (ii) Shall be different from the existing password and the two previous ones; (iii) Shall be changed at least once every ninety days; for sensitive system, password shall be changed at least once every thirty days; and (iv) Shall not be shared, displayed or printed. (2) Password retries shall be limited to a maximum of three attempted logons after which the user ID shall then be revoked; for sensitive systems, the number of password retries should be limited to a maximum of two. (3) Passwords which are easy-to-guess (e.g., user name, birth date, month, standard words, etc.) should be avoided. (4) Initial or reset passwords must be changed by the user upon first use. (5) Passwords shall always be encrypted in storage to prevent unauthorized disclosure. (6) All passwords used must be resistant to dictionary attacks and all known password cracking algorithms. 6.4 Privileged User's Management.-(1) System privileges shall be granted to users only on a need-to-use basis. (2) Login privileges for highly privileged accounts should be available only from Console and terminals situated within Console room. (3) An audit trail of activities conducted by highly privileged users shall be maintained for two years and reviewed periodically at least every week by operator who is independent of System Administrator. (4) Privileged user shall not be allowed to log in to the computer system from remote terminal. The usage of the computer system by the privilege user shall be allowed during a certain time period. (5) Separate user IDs shall be allowed to the user for performing privileged and normal (non-privileged) activities. (6) The use of user IDs for emergency use shall be recorded and approved. The passwords shall be reset after use. 6.5 User's Account Management.-(1) Procedures for user account management shall be established to control access to application systems and data. The procedures shall include the following: (i) Users shall be authorised by the computer system owner to access the computer services. (ii) A written statement of access rights shall be given to all users. (iii) All users shall be required to sign an undertaking to acknowledge that they understand the conditions of access. (iv) Where access to computer services is administered by service providers, ensure that the service providers do not provide access until the authorization procedures have been completed. This includes the acknowledgement of receipt of the accounts by the users. (v) A formal record of all registered users of the computer services shall bemaintained. (vi) Access rights of users who have been transferred, or left the organisation shall be removed immediately. (vii) A periodic check shall be carried out for redundant user accounts and access rights that are no longer required. (viii) Ensure that redundant user accounts are not re-issued to another user. (2) User accounts shall be suspended under the following conditions: (i) when an individual is on extended leave or inactive use of over thirty days. In case of protected computer system, the limit of thirty days may be reduced to fifteen days by the System Administrator. (ii) immediately upon the termination of the services of an individual. (iii) suspended or inactive accounts shall be deleted after a two months period. In case of protected computer systems, the limit of two months may be reduced to one month. 6.6 Data and Resource Protection.-(1) All information assets shall be assigned an "owner" responsible for the integrity of that data/resource. Custodians shall be assigned and shall be jointly responsible for information assets by providing computer controls to assist owners. (2) The operating system or security system of the computer system shall: (i) Define user authority and enforce access control to data within the computer system; (ii) Be capable of specifying, for each named individual, a list of named data objects (e.g., file, programme) or groups of named objects, and the type of access allowed. (3) For networked or shared computer systems, system users shall be limited to a profile of data objects required to perform their needed tasks. (4) Access controls for any data and/or resources shall be determined as part of the systems analysis and design process. (5) Application Programmer shall not be allowed to access the production system. ### 7. Sensitive Systems Protection.-(1) Security tokens/smart cards/bio-metric technologies such as Iris recognition, finger print verification technologies, etc., shall be used to complement the usage of passwords to access the computer system. (2) For computer system processing sensitive data, access by other organisations shall be prohibited or strictly controlled. (3) For sensitive data, encryption of data in storage shall be considered to protect its confidentiality and integrity. ### 8. Data Centre Operations Security. 8.1 Job Scheduling.-(l) Procedures shall he established to ensure that all changes to the job schedules are appropriately approved. The authority to approve changes to job schedules shall be clearly assigned. (2) As far as possible, automated job scheduling should be used. Manual job scheduling should require prior approval from the competent authority. 8.2 System Operations Procedure.-(1) Procedures shall be established to ensure that only authorised and correct job stream and parameter changes are made. (2) Procedures shall be established to maintain logs of system activities. Such logs shall be reviewed by a competent independent party for indications of dubious activities. Appropriate retention periods shall be set for such logs. (3) Procedures shall be established to ensure that people other than well-trained computer operators are prohibited from operating the computer equipment. (4) Procedures shall be implemented to ensure that secure storage or distribution of all outputs/reports, in accordance with procedures defined by the owners for each system. 8.3 Media Management.-(1) Responsibilities for media library management and protection shall be clearly defined and assigned. (2) All media containing sensitive data shall be stored in a locked room or cabinets, which must be fire resistant and free of toxic chemicals. (3) Access to the media library (both on-site and off-site) shall be restricted to the authorized persons only. A list of personnel authorised to enter the library shall be maintained. (4) The media containing sensitive and backup data must be stored at three different physical locations in the country, which can be reached in few hours. (5) A media management system shall be in place to account for all media stored on-site and off-site. (6) All incoming/outgoing media transfers shall be authorised by management and users. (7) An independent physical inventory check of all media shall be conducted at least every six months. (8) All media shall have external volume identification. Internal labels shall be fixed; where available. (9) Procedures shall be in place to ensure that only authorised addition/removal of media from the library is allowed. (10) Media retention periods shall be established and approved by management in accordance with legal/regulatory and user requirements. 8.4 Media Movement.-(1) Proper records of all movements of computer tapes/disks between on-site and off-site media library must be maintained. (2) There shall be procedures to ensure the authorized and secure transfer to media to/from external parties and the off-site location. A means to authenticate the receipt shall be in place. (3) Computer media that are being transported to off-site data backup locations should be stored in locked carrying cases that provide magnetic field protection and protection from impact while loading and unloading and during transportation. ### 9. Data Backup and Off-site Retention.-(1) Backup procedures shall be documented, scheduled and monitored. (2) Up-to-date backups of all critical items shall be maintained to ensure the continued provision of the minimum essential level of service. These items include: (i) Data files (ii) Utilities programmes (iii) Databases (iv) Operating system software (v) Applications system software (vi) Encryption keys (vii) Pre-printed forms (viii) Documentation (including a copy of the business continuity plans) (3) One set of the original disks for all operating system and application software must be maintained to ensure that a valid, virus-free backup exists and is available for use at any time. (4) Backups of the system, application and data shall be performed on a regular basis. Backups should also be made for application under development and data conversion efforts. (5) Data backup is required for all systems including personal computers, servers and distributed systems and databases. (6) Critical system data and file server software must have full backups taken weekly. (7) The backups must be kept in an area physically separate from the server. If critical system data on the LAN represents unique versions of the information assets, then the information backups must be rotated on a periodic basis to an off-site storage location. (8) Critical system data and file server software must have incremental backups taken daily. (9) Systems that are completely static may not require periodic backup, but shall be backed up after changes or updates in the information. (10) Each LAN/system should have a primary and backup operator to ensure continuity of business operations. (11) The business recovery plan should be prepared and tested on an annual basis. ### 10. Audit Trails and Verification.-(1) Transactions that meet exception criteria shall be completely and accurately highlighted and reviewed by personnel independent of those that initiate the transaction. (2) Adequate audit trails shall be captured and certain information needed to determine sensitive events and pattern analysis that would indicate possible fraudulent use of the system (e.g., repeated unsuccessful logons, access attempts over a series of days) shall be analyzed. This information includes such information as who, what, when, where, and any special information such as :- (i) Success or failure of the event. (ii) Use of authentication keys, where applicable. (3) Automated or manual procedures shall be used to monitor and promptly report all significant security events, such as accesses, which are out-of-pattern relative to time, volume, frequency, type of information asset, and redundancy, Other areas of analysis include: (i) Significant computer system events (e.g., configuration updates, system crashes). (ii) Security profile changes. (iii) Actions taken by computer operations, system administrators, system programmers, and/or security administrators. (4) The real time clock of the computer system shall be set accurately to ensure the accuracy of audit logs, which may be required for investigations or as evidence in legal or disciplinary cases. (5) The real time clock of the computer or communications device shall be set to Indian Standard Time (IST). Further there shall be a procedure that checks and corrects drift in the real time clock. (6) Computer system access records shall be kept fora minimum of two years, in either hard copy or electronic form. Records, which are of legal nature and necessary for any legal or regulation requirement or investigation of criminal behaviour, shall be retained as per laws of the land. (7) Computer records of applications transactions and significant events must be retained for a minimum period of two years or longer depending on specific record retention requirements. ### 11. Measures to Handle Computer Virus.-(1) Responsibilities and duties shall be assigned to ensure that all file servers and personal computers are equipped with up-to-date virus protection and detection software. (2) Virus detection software must be used to check storage drives both internal and external to the system on a periodic basis. (3) All diskettes and software shall be screened and verified by virus detection software before being loaded onto the computer system. No magnetic media like tape cartridge, floppies, etc., brought from outside shall be used on the data, file, PKI or computer server or personal computer on Internet and Internet without proper screening and verification by virus detection software. (4) A team shall be designated to deal with reported or suspected incidents of computer virus. The designated team shall ensure that latest version of anti-virus software is loaded on all data, file, PKI servers and personal computers. (5) Procedures shall be established to limit the spread of viruses to other organization information assets. Such procedures inter alia shall include-- (i) Communication to other business partners and users who may be at risk from an infected resource; (ii) Eradication and recovery procedures; (iii) Incident report must be documented and communicated per established procedures. (6) An awareness and training programme shall be established to communicate virus protection practices, available controls, areas of high risk to virus infection and responsibilities. ### 12. Relocation of Hardware and Software.-Whenever computers or computer peripheras is are relocated (e.g., for maintenance, installation at different sites or storage), the following guidelines shall apply: (i) All removable media will be removed from the computer system and kept at secure location. (ii) Internal drives will be overwritten, reformatted or removed as the situation maybe. (iii) If applicable, ribbons will be removed from printers. (iv) All paper will be removed from printers. ### 13. Hardware and Software Maintenance.-Whenever, the hardware and software maintenance of the computer or computer network is being carried out, the following should be considered: (1) Proper placement and installation of Information Technology equipment to reduce the effects of interference due to electromagnetic emanations. (2) Maintenance of an inventory and configuration chart of hardware. (3) Identification and use of security features implemented within hardware. (4) Authorization, documentation, and control of change made to the hardware. (5) Identification of support facilities including power and air-conditioning. (6) Provision of an uninterruptible power supply. (7) Maintenance of equipment and services. (8) Organisation must make proper arrangements for maintenance of computer hardware, software (both system and application) and firmware installed and used by them. It shall be the responsibility of the officer in charge of the operational site to ensure that contract for annual maintenance of hardware is always in place. (9) Organisation must enter into maintenance agreements, if necessary, with the supplier of computer and communication hardware, software (both system and application) and firmware. (10) Maintenance personnel will sign non-disclosure agreements. (11) The identities of all hardware and software vendor maintenance staff should be verified before allowing them to carry out maintenance work. (12) All maintenance personnel should be escorted within the operational site/computer system and network installation room by the authorized personnel of the organisation. (13) After maintenance, any exposed security parameters such is passwords, users IDs, and accounts will be changed or reset to eliminate any potential security exposures. (14) If the computer system, computer network or any of its devices is vulnerable to computer viruses as a result of performing maintenance, system managers or users shall scan the computer system and its devices and any media affected for viruses as a result of maintenance. ### 14. Purchase and Licensing of Hardware and Software.-(1) Hardware and software products that contain or are to be used to enforce security, and intended for use or interface into any organisation system or network, must be verified to comply with these Information Technology Security Guidelines prior to the signing of any contract, purchase or lease. (2) Software, which is capable of bypassing or modifying the security system or operating system, integrity features, must be verified to determine that they conform to these Information Technology Security Guidelines. Where such compliance is not possible, then procedures shall be in place to ensure that the implementation and operation of that software does not compromise the security of the system. (3) There shall be procedures to identify, select, implement and control software (system and application software) acquisition and installation to ensure compliance with the Indian Copyright Act and Information Technology Security Guidelines. (4) It is prohibited to knowingly install on any system whether test or production, any software which is not licensed for use on the specific systems or networks. (5) No software will be installed and used on the system when appropriate licensing agreements do not exist, except during evaluation periods for which the user has documented permission to install and test the software tinder evaluation. (6) Illegally acquired or unauthorized software must not be used on any computer, computer network or data communication equipment. In the event that any illegally acquired or unauthorized software is detected by the System Administrator Network Administrator, the same must be removed immediately. ### 15. System Software.-(1) All system software options and parameters shall be reviewed and approved by the management. (2) System software shall be comprehensively tested and its security functionality validated prior to implementation. (3) All vendor supplied default user IDs shall be deleted or password changed before allowing users to access the computer system. (4) Versions of system software installed on the computer system and communication devices shall be regularly updated. (5) All changes proposed in the system software must be appropriately justified and approved by an authorised party. (6) A log of all changes to system software shall be maintained, completely documented and tested to ensure the desired results. (7) Procedures to control changes initiated by vendors shall be in accordance with Para 21 pertaining to "Change Management". (8) There shall be no standing "Write" access to the system libraries. All "Write" access shall be logged and reviewed by the System Administrator for dubious activities. (9) System Programmers shall not be allowed to have access to the application system's data and programme files in the production environment. (10) Procedures to control the use of sensitive system utilities and system programmes that could bypass intended security controls shall be in place and documented. All usage shall be logged and reviewed by the System Administrator and another person independent of System Administrator for dubious activities. ### 16. Documentation Security.-(1) All documentation pertaining to application software and sensitive system software and changes made therein shall be updated to the current time, accurately and stored securely. An up-to-date inventory list of all documentation shall be maintained to ensure control and accountability. (2) All documentation and subsequent changes shall be reviewed and approved by an independent authorised party prior to issue. (3) Access to application software documentation and sensitive system software documentation shall be restricted to authorised personnel on a "need-to-use" basis only. (4) Adequate backups of all documentation shall be maintained and a copy of all critical documentation and manuals shall be stored off-site. (5) Documentation shall be classified according to the sensitivity of its contents/implications. (6) Organisations shall adopt a clean desk policy for papers, diskettes and other documentation in order to reduce the risks of unauthorised access, loss of and damage to information outside normal working hours. ### 17. Network Communication Security.-(1) All sensitive information on the network shall be protected by using appropriate techniques. The critical network devices such as routers, switches and modems should be protected from physical damage. (2) The network configuration and inventories shall be documented and maintained. (3) Prior authorization of the Network Administrator shall be obtained for making any changes to the network configuration. The changes made in the network configuration shall be documented. The threat and risk assessment of the network after changes in the network configuration shall be reviewed. The network operation shall be monitored for any security irregularity. A formal procedure should be in place for identifying and resolving security problems. (4) Physical access to communications and network sites shall be controlled and restricted to authorized individuals only in accordance with Para 4.4 pertaining to "Physical Access". (5) Communication and network systems shall be controlled and restricted to authorized individuals only in accordance with Para 6.2-System Access Control. (6) As far as possible, transmission medium within the Certifying Authority's operational site should be secured against electro magnetic transmission. In this regard, use of Optical Fibre Cable and armoured cable may be preferred as transmission media as the case may be. (7) Network diagnostic tools, e.g., spectrum analyzer, protocol analyzer should be used on a need basis. ### 18. Firewalls.-(1) Intelligent devices generally known as "Firewalls" shall be used to isolate organisation's data network with the external network. Firewall device should also be used to limit network connectivity for unauthorized use. (2) Networks that operate at varying security levels shall be isolated from each other by appropriate firewalls. The internal network of the organization shall be physically and logically isolated from the Internet and any other external connection by a firewall. (3) All firewalls shall be subjected to thorough test for vulnerability prior to being put to use and at least half-yearly thereafter. (4) All web servers for access by Internet users shall be isolated from other data and host servers. ### 19. Connectivity.-(I) Organisation shall establish procedure for allowing connectivity of their computer network or computer system to non-organisation computer system or network. The permission to connect other networks and computer system shall be approved by the Network Administrator and documented. (2) All unused connections and network segments should be disconnected from active networks. The computer system/personal computer or outside terminal accessing art organisation's host system must adhere to the general system security and access control guidelines. (3) The suitability of new hardware/software particularly the protocol compatibility should be assessed before connecting the same to the organisation's network. (4) As far as possible, no Internet access should be allowed to database server/file server or server hosting sensitive data. (5) The level of protection for communication and network resources should be commensurate with the criticality and sensitivity of the data transmitted. ### 20. Network Administrator.-(1) Each organization shall designate a properly trained "Network Administrator" who will be responsible for operation, monitoring security and functioning of the network. (2) Network Administrator shall regularly undertake the review of network and also take adequate measures to provide physical, logical and procedural safeguards for its security. Appropriate follow up of any unusual activity or pattern of access on the computer network shall be investigated promptly by the Network Administrator. (3) System must include a mechanism for alerting the Network Administrator of possible breaches in security, e.g., unauthorized access, virus infection and hacking. (4) Secure Network Management System should be implemented to monitor functioning of the computer network. Broadcast of network traffic should be minimized. (5) Only authorized and legal software shall be used on the network. (6) Shared computer systems, network devices used for business applications shall comply with the requirement established in Para 6-System Integrity and Security Measures. ### 21. Change Management. 21.1 Change Control.-(1) Procedures for tracking and managing changes in application software, system software, hardware and data in the production system shall be established. Organisational responsibilities for the change management process shall be defined and assigned. (2) A risk and impact analysis, classification and prioritisation process shall be established. (3) No changes to a production system shall be implemented until such changes have been formally authorised. Authorisation procedures for change control shall be defined and documented. (4) Owners/Users shall be notified of all changes made to production system which may affect the processing of information on the said production system. (5) Fall-back procedures in the event of a failure in the implementation of the change process shall be established and documented. (6) Procedures to protect, control access and changes to production source code, data, execution statements and relevant system documentation shall be documented and implemented. (7) Version changes of application software and all system software installed on the computer systems and all communication devices shall be documented. Different versions of application software and system software must be kept in safe custody. 21.2 Testing of Changes to Production System.-(1) All changes in computer resource proposed in the production system shall be tested and the test results shall be reviewed and accepted by all concerned parties prior to implementation. (2) All user acceptance tests in respect of changes in computer resource in production system shall be performed in a controlled environment which includes: (i) Test objectives, (ii) A documented test plan, and (iii) Acceptance criteria. 21.3 Review of Changes.-(1) Procedures shall be established for an independent review of programme changes before they are moved into a production environment to detect unauthorised of malicious codes. (2) Procedures shall be established to schedule and review the implementation of the changes in computer resource in the production system so as to ensure proper functioning. (3) All emergency changes/fixes in computer resource in the production system shall be reviewed and approved. (4) Periodic management reports on the status of the changes implemented in the computer resource in the production system shall be submitted for management review. ### 22. Problem Management and Reporting.-(1) Procedures for identifying, reporting and resolving problems, such as non-functioning of Certifying Authority's system; breaches in Information Technology security; and hacking, shall be established and communicated to all personnel concerned. It shall include emergency procedures. Periodic reports shall be submitted for management review. (2) A help desk shall be set up to assist users in the resolution of problems. (3) A system for recording, tracking and reporting the status of reported problems shall be established to ensure that they are promptly managed and resolved with minimal impact on the user of the computing resources. ### 23. Emergency Preparedness.-(1) Emergency response procedures for all activities connected with computer operation shall be developed and documented. These procedures should be reviewed periodically. (2) Emergency drills should be held periodically to ensure that the documented emergency procedures are effective. ### 24. Contingency Recovery Equipment and Services.-(1) Commitment shall be obtained in writing from computer equipment and supplies vendors to replace critical equipment and supplies with a specified period of time following a destruction of the computing facility. (2) The business continuity plan shall be developed which inter alia include the procedures for emergency ordering of the equipment and availability of the services. (3) The need for backup hardware and other peripherals should be evaluated in accordance to business needs. ### 25. Security Incident Reporting and Response.-(1) All security related incidents must be reported to a central coordinator, appointed by the management to coordinate and handle security related incidents. This central coordinator shall be the single point of contact at the organization. (2) All incidents reported, actions taken, follow-up actions, and other related information's shall be documented. (3) Procedures shall be defined for dealing with all security related incidents, including malicious software, break-ins from networks, software bugs which compromised the security of the system. ### 26. Disaster Recovery/Management.-(1) Disaster recovery plan shall be developed, properly documented, tested and maintained to ensure that in the event of a failure of the information system or destruction of the facility, essential level of service will be provided. The disaster recovery framework should include :- (a) emergency procedures, describing the immediate action to be taken in case of a major incident; (b) fall back procedure, describing the actions to be taken to relocate essential activities or support services to a backup site; (c) restoration procedures, describing the action to be taken to return to normal operation at the original site. (2) The documentation should include :- (a) definition of a disaster; (b) condition for activating the plan; (c) stages of a crisis; (d) who will make decisions in the crisis; (e) role of individuals for each component of the plan; (f) composition of the recovery team; and (g) decision making process for return to normal operation. (3) Specific disaster management plan for critical applications shall be developed, documented, tested and maintained on a regular basis. (4) Responsibilities and reporting structure shall be dearly defined which will take effect immediately on the declaration of a disaster. (5) Each component/aspect of the plan should have a person and a backup assigned to its execution. (6) Periodic training of personnel and uses associated with computer system and network should be conducted defining their roles and responsibilities in the event of a disaster. (7) Test plan shall be developed, documented and maintained. Periodic tests shall be carried out to test the effectiveness of the procedures in the plan. The results of the tests shall be documented for management review. (8) Disaster recovery plan should be updated regularly to ensure its continuing effectiveness. III ----- [See rule 19(2) ] Security Guidelines For Certifying Authorities ### 1. Introduction.-This document prescribes security guidelines for the management and operation of Certifying Authorities (CAs) and is aimed at protecting the integrity, confidentiality and availability of their services, data and systems. These guidelines apply to Certifying Authorities that perform all the functions associated with generation, issue and management of Digital Signature Certificate such as: (1) Verification of registration, suspension and revocation request; (2) Generation, issuance, suspension and revocation of Digital Signature Certificates; and (3) Publication and archival of Digital Signature Certificates, suspension and revocation of information. ### 2. Security Management.-The Certifying Authority shall define information Technology security policies for its operation on the lines defined in Schedule II and Schedule III. The policy shall be communicated to all personnel and widely published throughout the organisation to ensure that the personnel follow the policies. ### 3. Physical Controls-Site location, Construction and Physical access.-(1) The site location, design, construction and physical security of the operational site of Certifying Authority shall be in accordance with Para 4 of the Information Technology Security Guidelines given at Schedule II. (2) Physical access to the operational site housing computer servers, I'KI server, communications and network devices shall be controlled and restricted to the authorized individuals only in accordance with Para 4.4 of the Information Technology Security Guidelines given at Schedule II. (3) A Certifying Authority must-- (i) ensure that the operational site housing PKI servers, communications and networks is protected with fire suppression system in accordance with Para 4.2 of the information Technology Security Guidelines given at Schedule II. (ii) ensure that power and air-conditioning facilities are installed in accordance with Para 4.1 of the Information Technology Security Guidelines given at Schedule II. (iii) ensure that all removable media and papers containing sensitive or plain text information are listed, documented and stored in a container properly identified. (iv) ensure unescorted access to Certifying Authority's server is limited to those personnel identified on an access list. (v) ensure that the exact location of Digital Signature Certification System shall not be publicly identified. (vi) ensure that access security system is installed to control and audit access to the Digital Signature Certification System. (vii) ensure that dual control over the inventory and access cards/keys are in place. (viii) ensure that up-to-date list of personnel who possess the access cards/keys is maintained at the Certifying Authority's operational site. Loss of access cards/keys shall be reported immediately to the Security Administrator; who shall take appropriate actions to prevent unauthorised access. (ix) ensure personnel not on the access list are properly escorted and supervised. (x) ensure a site access log is maintained at the Certifying Authority's operational site and inspected periodically. (4) Multi-tiered access mechanism must be installed at the Certifying Authority's operational site. The facility should have clearly laid out security zones within its facility with well-defined access rights to each security zone. Each security zone must be separated from the other by floor to ceiling concrete reinforced walls. Alarm and intrusion detection system must be installed at every stage with adequate power backup capable of continuing operation even in the event of loss of main power. Electrical/Electronic circuits to external security alarm monitoring service (if used) must be supervised. No single person must have complete access to PKI Server, root keys or any computer system or network device on his/her own. (5) Entrance to the main building where the Certifying Authority's facilities such as Data Centre, PKI Server and Network devices are housed and entrance to each security zone must be video recorded round the clock. The recording should be carefully scrutinized and maintained for at least one year. (6) A Certifying Authority site must be manually or electronically monitored for unauthorised intrusion at all times in accordance with the information Technology Security Guidelines given at Schedule If. (7) Computer System/PKI Server performing Digital Signature Certification function shall be located in a dedicated room or partition to facilitate enforcement of physical access control. The entry and exit of the said room or partition shall be automatically locked with time stamps and shall be reviewed daily by the Security Administrator. (8) Access to infrastructure components essential to operation of Certifying Authority such as power control panels, communication infrastructure, Digital Signature Certification system, cabling, etc. shall be restricted to authorised personnel. (9) By-pass or deactivation of normal physical security arrangements shall be authorised and documented by security personnel. (10) Intrusion detection systems shall be used to monitor and record physical access to the Digital Signature Certification system during and after office hours. (11) Computer System or PKI Server performing the Digital Signature Certification functions shall be dedicated to those functions and should not be used for any other purposes. (12) System software shall he verified for integrity in accordance with Para 15 of the information Technology Security Guidelines given at Schedule II. ### 4. Media storage.-A Certifying Authority must ensure that storage media used by his system are protected from environment threats such as temperature, humidity and magnetic and are transported and managed in accordance with Para 8.3 and Para 8.4 of the Information Technology Security Guidelines given at Schedule II. ### 5. Waste Disposal.-All media used for storage of information pertaining to all functions associated with generation, production, issue and management of Digital Signature Certificate shall be scrutinized before being destroyed or released for disposal. ### 6. Off-site Backup.-A Certifying Authority must ensure that facility used for off-site backup, if any, shall be within the country and shall have the same level of security as the primary Certifying Authority site. ### 7. Change and Configuration Management.-(1) The components of the Certifying Authority infrastructure (e.g. cryptographic algorithm and its key parameters, operating system, system software, computer system, PKI server, firewalls, physical security, system security etc.) shall be reviewed every year for new technology risks and appropriate action plan shall be developed to manage the risks identified for each component. (2) The application software, system software and hardware, which are procured from questionable sources, shall not he installed and used for any function associated with generation and management of Digital Signature Certificate. (3) Software updates and patches shall be reviewed for security implications before being implemented on Certifying Authority's system. (4) Software updates and patches to rectify security vulnerability in critical systems used for Certifying Authority's operation shall be promptly reviewed and implemented. (5) Information on the software updates and patches and their implementation on Certifying Authority's system shall be clearly and properly documented. ### 8. Network and Communications Security.-(1) Certifying Authority's systems shall be protected to ensure network access control to critical systems and services from other systems in accordance with Para 17, Para 18, Para 19 and Para 20 of the Information Technology Security Guidelines given at Schedule II. (2) Network connections from the Certifying Authority's system to external networks shall be restricted to only those connections which are essential to facilitate Certifying Authority's functional processes and services. Such network connections to the external network shall be properly secured and monitored regularly. (3) Network connections should be initiated by the systems performing the functions of generation and management of Digital Signature Certificate to connect those systems performing the registration and repository functions but not vice versa. If this is not possible, compensating controls (e.g., use of proxy servers) shall be implemented to protect the systems performing the function of generation and management of Digital Signature Certificate from potential attacks. (4) Systems performing the Digital Signature Certification function should be isolated to minimise their exposure to attempts to compromise the confidentiality, integrity and availability of the certification function. (5) Communication between the Certifying Authority systems connected on a network shall be secure to ensure confidentiality and integrity of the information. For example, communications between the Certifying Authority's systems connected on a network should be encrypted and digitally signed. (6) Intrusion detection tools should be deployed to monitor critical networks and perimeter networks and alert administrators of network intrusions and penetration attempts in a timely manner. ### 9. System Security Audit Procedures. 9.1 Types of event recorded.-(I) The Certifying Authority shall maintain record of all events relating to the security of his system. The records should be maintained in audit log file and shall include such events as: (i) System start-up and shutdown; (ii) Certifying Authority's application start-up and shutdown; (iii) Attempts to create,remove, set passwords or change the system privileges of the PKI Master Officer, PKI Officer, or PKI Administrator; (iv) Changes to keys of the Certifying Authority or any of his other details; (v) Changes to Digital Signature Certificate creation policies, e.g. validity period; (vi) Login and logoff attempts; (vii) Unauthorised attempts at network access to the Certifying Authority's system; (viii) Unauthorised attempts to access system files; (ix) Generation of own keys; (x) Creation and revocation of Digital Signature Certificates; (xi) Attempts to initialize, remove, enable, and disable subscribers, and update and recover their keys; (xii) Failed read-and-write operations on the Digital Signature Certificate and Certificate Revocation List (CRL) directory. (2) Monitoring and Audit Logs (i) A Certifying Authority should consider the use of automated security management and monitoring tools providing an integrated view of the security situation at any point in time. Records of the following application transactions shall be maintained: (a) Registration; (b) Certification; (c) Publication; (d) Suspension; and (e) Revocation. (ii) Records and log files shall be reviewed regularly for the following activities:- (a) Misuse; (b) Errors; (c) Security violations; (d) Execution of privileged functions; (e) Change in access control lists; (f) Change in system configuration. (3) All logs, whether maintained through electronic or manual means, should contain the date and time of the event, and the identity of the subscriber/subordinate/entity which caused the event. (4) A Certifying Authority should also collect and consolidate, either electronically or manually, security information which may not be generated by his system, such as: (i) Physical access logs; (ii) System configuration changes and maintenance; (iii) Personnel changes; (iv) Discrepancy and compromise reports; (v) Records of the destruction of media containing key material, activation data, or personal subscriber information. (5) To facilitate decision-making, all agreements and correspondence relating to services provided by Certifying Authority should be collected and consolidated, either electronically or manually, at a single location. 9.2 Frequency of Audit Log Monitoring.-The Certifying Authority must ensure that its audit logs are reviewed by its personnel at least once every two weeks and all significant events are detailed in an audit log summary. Such reviews should involve verifying that the log has not been tampered with, and then briefly inspecting all log entries, with a more thorough investigation of any alerts or irregularities in the logs. Action taken following these reviews must be documented. 9.3 Retention Period for Audit Log.-The Certifying Authority must retain its audit logs on site for at least twelve months and subsequently retain them in the manner described in Para 10 of the Information Technology Security Guidelines as given in Schedule II. 9.4 Protection of Audit Log.-The electronic audit log system must include mechanisms to protect the log files from unauthorized viewing, modification, and deletion. Manual audit information must be protected from unauthorised viewing, modification and destruction. 9.5 Audit Log Backup Procedures.-Audit logs and audit summaries must be backed up or copied if in manual form. 9.6 Vulnerability Assessments.-Events in the audit process are logged, in part, to monitor system vulnerabilities. The Certifying Authority must ensure that a vulnerability assessment is performed, reviewed and revised, if necessary, following an examination of these monitored events. ### 10. Records Archival.-(1) Digital Signature Certificates stored and generated by the Certifying Authority must be retained for at least seven year aft( r the date of its expiration. This requirement does not include the backup of private signature keys. (2) Audit information as detailed in Para 9, subscriber agreements, verification, identification and authentication information in respect of subscriber shall be retained for at least seven years. (3) A second copy of all information retained or backed up must be stored at three locations within the country including the Certifying Authority site and must be protected either by physical security alone, or a combination of physical and cryptographic protection. These secondary sites must provide adequate protection from environmental threats such as temperature, humidity and magnetism. The secondary site should be reachable in few hours. (4) All information pertaining to Certifying Authority's operation, Subscriber's application, verification, identification, authentication and Subscriber agreement shall be stored within the country. This information shall be taken out of the country only with the permission of Controller and where a properly constitutional warrant or such other legally enforceable document is produced. (5) The Certifying Authority should verify the integrity of the backups at least once every six months. (6) Information stored off-site must be periodically verified for data integrity. ### 11. Compromise and Disaster Recovery. 11.1 Computing Resources, Software and/or Data are Computed.-The Certifying Authority must establish business continuity procedures that outline the steps to be taken in the event of the corruption or loss of computing and networking resources, nominated website, repository, software and/or data. Where a repository is not under the control of the Certifying Authority, the Certifying Authority must ensure that any agreement with the repository provides for business continuity procedures. 11.2 Secure facility after a natural or other hype of disaster.-The Certifying Authority must establish a disaster recovery plan outlining the steps to be taken to re-establish a secure facility in the event of a natural or other type of disaster. Where a repository is not under the control of the Certifying Authority, the Certifying Authority must ensure that any agreement with the repository provides that a disaster recovery plan be established and documented by the repository. 11.3 Incident Management Plan.-An incident management plan shall be developed and approved by the management. The plan shall include the following areas :- (i) Certifying Authority's certification key compromise; (ii) Hacking of systems and network; (iii) Breach of physical security; (iv) Infrastructure availability; (v) Fraudulent registration and generation of Digital Signature Certificates; and (vi) Digital Signature Certificate suspension and revocation information. An incident response action plan shall be established to ensure the readiness of the Certifying Authority to respond to incidents. The plan should include the following areas :- (i) Compromise control; (ii) Notification to user community; (if applicable) (iii) Revocation of affected Digital Signature Certificates; (if applicable) (iv) Responsibilities of personnel handling incidents; (v) Investigation of service disruption; (vi) Service restoration procedure; (vii) Monitoring and audit trail analysis; and (viii) Media and public relations. ### 12. Number of Persons Required Per Task.-The Certifying Authority must ensure that no single individual may gain access to the Digital Signature Certificate server and the computer server maintaining all information associated with generation, issue and management of Digital Signature Certificate and private keys of the Certifying Authority. Minimum two individuals, preferably using a split-knowledge technique, such as twin passwords, must perform any operation associated with generation, issue, and management of Digital Signature Certificate and application of private key of the Certifying Authority. ### 13. Identification and Authentication for Each Role.-All Certifying Authority personnel must have their identity and authorization verified before they are :- (i) included in the access list for the Certifying Authority's site; (ii) included in the access list for physical access to the Certifying Authority's system; (iii) given a certificate for the performance of their Certifying Authority role; (iv) given an account on the PKI system. Each of these certificates and accounts (with the exception of Certifying Authority's signing certificates) must :- (i) be directly attributable to an individual; (ii) not be shared; (iii) be restricted to actions authorized for that role; and (iv) procedural controls. Certifying Authority's operations must be secured using techniques of authentication and encryption, when accessed across a shared network. ### 14. Personnel Security Controls.-The Certifying Authority must ensure that all personnel performing duties with respect to its operation must :- (i) be appointed in writing; (ii) be bound by contract or statute to the terms and conditions of the position they are to fill; (iii) have received comprehensive training with respect to the duties they are to perform; (iv) be bound by statute or contract not to disclose sensitive Certifying Authority's security related information or subscriber information; (v) not be assigned duties that may cause a conflict of interest with their Certifying Authority's duties; and (vi) be aware and trained in the relevant aspects of the Information Technology Security Policy and Security Guidelines framed for carrying out Certifying Authority's operation. ### 15. Training Requirements.-A Certifying Authority shall ensure that all personnel performing duties with respect to its operation, must receive comprehensive training in:- (i) relevant aspects of the Information Technology Security Policy and Security Guidelines framed by the Certifying Authority; (ii) all PKI software versions in use on the Certifying Authority's system; (iii) all PKI duties they are expected to perform; and (iv) disaster recovery and business continuity procedures. ### 16. Retraining Frequency and Requirements.-The requirements of Para 15 must be kept current to accommodate changes in the Certifying Authority's system. Refresher training must be conducted as and when required, and the Certifying Authority must review these requirements at least once a year. ### 17. Documentation Supplied to Personnel.-A Certifying Authority must make available to his personnel the Digital Signature Certificate policies it supports, its Certification Practice Statement, Information Technology Security Policy and any specific statutes, policies or contracts relevant to their position. ### 18. Key Management. 18.1 Generation.-(1) The subscriber's key pair shall be generated by the subscriber or on a key generation system in the presence of the subscriber. (2) The key generation process shall generate statistically random key values that are resistant to know attacks. 18.2 Distribution of Keys.-Keys shall be transferred from the key generation system to the storage device (if the keys are not stored on the key generation system) using a secure mechanism that ensures confidentiality and integrity. 18.3 Storage.-(1) Certifying Authority's keys shall be stored in tamper-resistant devices and can only be activated under split-control by parties who are not involved in the set-up and maintenance of the systems and operations of the Certifying Authority. The key of the Certifying Authority may be stored in a tamper-resistant cryptographic module or split into sub-keys stored in tamper-resistant devices under the custody of the key custodians. (2) The Certifying Authority's key custodians shall ensure that the Certifying Authority's key component or the activation code is always under his sole custody. Change of key custodians shall be approved by the Certifying Authority's management and documented. 18.4 Usage.-(1) A system and software integrity check shall be performed prior to Certifying Authority's key loading. (2) Custody of and access to the Certifying Authority's keys shall be under split control. In particular, Certifying Authority's key loading shall be performed under split control. 18.5 Certifying Authority's Public key delivery to users.-The Certifying Authority's public verification key must be delivered to the prospective Digital Signature Certificate holder in an on-line transaction in accordance with PKIX-3 Certificate Management Protocol, or via an equally secure manner. ### 19. Private Key Protection and backup.-(1) The Certifying Authority must protect its private keys from disclosure. (2) The Certifying Authority must back-up its private keys. Backed-up keys must be stored in encrypted form and protected at a level no lower than those followed for storing the primary version of the key. (3) The Certifying Authority's private key backups should be stored in a secure storage facility, away from where the original key is stored. ### 20. Method of Destroying Private Key.-Upon termination of use of a private key, all copies of the private key in computer memory and shared disk space must be securely destroyed by overwriting. Private key destruction procedures must be described in the Certification Practice Statement or other publicly available document. Substituted by Notification No. G.S.R. 783 (E) dated 25.10.2011 (w.e.f. 17.10.2000) | | | --- | | 21. Usage periods for the public and private keys. 21.1 Key Change.-(1) Certifying Authority and Subscriber keys shall be changed periodically. (2) Key change shall be processed as per Key Generation guidelines. (3) The Certifying Authority shall provide reasonable notice to the Subscriber's relying parties of any change to a new key pair used by the Certifying Authority to sign Digital Signature Certificates. (4) The Certifying Authority shall define its key change process that ensures reliability of the process by showing how the generation of key interlocks-such as signing a hash of the new key with the old key. All keys must have validity periods of no more than five years. Suggested validity period: (a) Certifying Authority's root keys and associated certificates-five years; (b) Certifying Authority's private signing key-two years; (c) Subscriber Digital Signature Certificate key-three years; (d) Subscriber Private Key-three years. Use of particular key lengths should be determined in accordance with departmental Threat-Risk Assessments. 21.2 Destruction.- Upon termination of use of a Certifying Authority signature private key, all components of the private key and all its backup copies shall be securely destroyed. 21.3 Key Compromise.-(1) A procedure shall be pre-established to handle cases where a compromise of the Certifying Authority's Digital Signature private key has occurred. In such case, the Certifying Authority shall immediately revoke all affected Subscriber Digital Signature Certificates. (2) The Certifying Authority should immediately revoke the affected keys and Digital Signature Certificates in the case of Subscriber private key compromise. (3) The Certifying Authority's public keys shall be archived permanently to facilitate audit or investigation requirements. (4) Archives of Certifying Authority's public keys shall be protected from unauthorised modification. | [21. Usage period for keys - (1) Certifying Authority and subscriber keys shall be changed periodically. (2) Key change shall be processed as per Key Generation guidelines. (3) The certifying Authority shall provide reasonable notice to the Subscriber's relying parties of any change to a new key pair used by the Certifying authority to sign Digital Signature Certificates. (4) All Certifying Authorities key pairs and associated certificates must have validity period of no more than ten years. (5) All subscriber's key pairs and associated certificates must have validity period of no more than three years.] ### 22. Confidentiality of Subscriber's Information.-(1) Procedures and security controls to protect the privacy and confidentiality of the subscribers' data under the Certifying Authority's custody shall be implemented. Confidential information provided by the subscriber must not be disclosed to a third party without the subscribers consent, unless the information is required to he disclosed under the law or a Court order. (2) Data on the usage of the Digital Signature Certificates by the subscribers and other transactional data relating to the subscribers' activities generated by the Certifying Authority in the course of its operation shall be protected to ensure the subscribers' privacy. (3) A secure communication channel between the Certifying Authority and its subscribers shall be established to ensure the authenticity, integrity and confidentiality of the exchanges (e.g. transmission of Digital Signature Certificate, password, private key) during the Digital Signature Certificate issuance process. IV ---- (See rule 23) [Form A] [Amendend by G.S.R. 285(E) , dated 23-4-2004.] Application Form For Issue Of Digital Certificate For Subscriber Of Government And Banking Sector | | | | | | --- | --- | --- | --- | | Class of certificate applied | : | Certificate required | Individual/Server/Web server | | Certificate validity | : | ….............................................................................................................. | | Name | : | ….............................................................................................................. | | E-mail address | : | ….............................................................................................................. | | Office address | : | ….............................................................................................................. | | (With Designation and Department) (Optional) | : | ….............................................................................................................. | | | : | Telephone.................................................................................................. | | Identification Details | : | Employee Identification No….................................................................... | | | : | Passport No............................................................................................. | | | : | Any other.................................................................................................. | | | : | (Passport No./PAN Card No./Voter's ID Card No./Driving Licence No./PF No.) | | In case the application is for a device, then details of Server/Device for which the certificate is being applied for must be filled : | : | Web Server................................................................................................ | | : | Services..................................................................................................... | | : | IP address................................................................................................. | | : | URL/Domain Name................................................................................... | | : | Physical Location....................................................................................... | Date ............................................... Place .............................................. (Signature of the Applicant) For Head of Office or IS (Admin.) for Government Sector/Superior Authority for Banking Sector of Applicant This is to certify that Mr./Ms .....................................has provided correct information in the "Application from for issue of Digital Certificate for subscriber of Government and Banking Sector" to the best of my knowledge and belief. I hereby authorise him/her, on behalf of my organisation to apply for obtaining Digital Certificate from CA for the purpose specified above. Date ........................... Place .......................... Name of Officer with Designation (Signature of Officer with Stamp or Org./Office) Office E-mail: Important Notice: "This application form is to be [signed] [Substituted 'filled' by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] by the applicant. \*All subscribers are advised to read Certificate Practice Statement of CA. "All documents specified in CPS for each Certificate Class should be submitted with this application form. "[\* \* \*] [Ommitted 'Application form must be submitted in person.' by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] \*Incomplete/Inconsistent application is liable to be rejected. Form B Application Form For Issue Of Digital Signature Certificate For Subscribers Other Than Government And Banking Sector | | | | | | --- | --- | --- | --- | | Class of certificate applied | : | Certificate required | Individual/Server/Web server | | Certificate validity | : | ….............................................................................................................. | | Name | : | ….............................................................................................................. | | E-mail address | : | ….............................................................................................................. | | Office address | : | ….............................................................................................................. | | (With Designation and Department) (Optional) | : | ….............................................................................................................. | | | : | Telephone.................................................................................................. | | Residential address | : | ….............................................................................................................. | | | : | ….............................................................................................................. | | | : | ….............................................................................................................. | | | : | Telephone................................................................................................. | | In case the application is for a device, then details of Server/Device for which the certificate is being applied for must be filled : | : | Web Server................................................................................................ | | : | Services..................................................................................................... | | : | IP address................................................................................................. | | : | URL/Domain Name................................................................................... | | : | Physical Location....................................................................................... | Date ........................................ Place ....................................... (Signature of the Applicant) Authentication of Identity and Proof of Residence [The identity verification methods and proof of residence requirements shall be as per Certification Practice Statement (CPS) of the CA and Identity Verification Guidelines issued by the Controller.] [Substituted by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] [Substituted by Notification No. G.S.R. 783 (E) dated 25.10.2011 (w.e.f. 17.10.2000)] | | | --- | | Copies of one or more of the following must be provided, as required by the Certifying Authority. Identity verification methods for the certificate applicant will be as per the procedure specified in the Certification Practice Statement (CPS) of the CA. 1. Passport 2. Election Card (Voter's ID) 3. Ration Card 4. Bank Accounts Details 5. Driving Licence 6. Any Other | Important Notice: \*This application form is to be [signed] [Substituted 'filled' by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] by the applicant. \*All subscribers are advised to read Certificate Practice Statement of CA. \*All document specified in CPS for each Certificate Class must be accompanied with this application form. \*[\* \* \*] [Ommitted 'Application form must be submitted in person.' by Notification No. G.S.R. 662(E) , dated 25.8.2015 (w.e.f. 17.10.2000).] \*Incomplete/Inconsistent application is liable to be rejected. [[Form C] [Inserted by Notification No. G.S.R. 62 (E) , dated 27.1.2015 (w.e.f. 17.10.2000)] ] Application Form For Issue of Digital Signature Certificate Through e-KYC Based Identity Verification of Digital Signature Certificate Applicant | | | | --- | --- | | | PHOTO\* | | | | | | --- | --- | --- | | Class of certificate applied : | Individual | | | eKYC No | : | ....................................................................................... | | Name | : | ....................................................................................... | | E-mail address | : | ....................................................................................... | | Residential Address | : | ....................................................................................... | | Mobile Phone Number | : | ....................................................................................... | Date ............ Authenticated by e-KYC services ref. No. (response code) Note 1. - This is an electronic application form automatically generated through e-KYC based electronic authentication of applicant. Note 2. - \* Denotes mandatory fields. V --- Glossary Accept (A Digital Signature Certificate)-To demonstrate approval of a Digital Signature Certificate by a Digital Signature Certificate applicant while knowing or having notice of its informational contents. Access-Gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. Access Control-The process of limiting access to the resources of a computer system only to authorized users, programs or other computer systems. Accreditation-A formal declaration by the Controller that a particular information system, professional or other employee or contractor, or organization is approved to perform certain duties and to operate in a specific security mode, using a prescribed set of safeguards. Authority Revocation List (ARL) -A list of revoked Certifying Authority certificates. An ARL is a CRL for Certifying Authority cross certificates. Addressee-A person who is intended by the originator to receive the electronic record but does not include any intermediary. Affiliated Certificate-A certificate issued to an affiliated individual. (See also affiliated individual) Affirm/Affirmation-To state or indicate by conduct that data is correct or information is true. Affixing Digital Signature-With its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature; Alias-A pseudonym. Applicant-(See CA applicant; Certificate Applicant). Application Software-A software that is specific to the solution of an application problem. It is the software coded by or for an end user that performs a service or relates to the user's work. Application System-A family of products designed to offer solutions for commercial data processing, office, and communications environments, as well as to provide simple, consistent programmer and end user interfaces for businesses of all sizes. Archive-To store records and associated journals for a given period of time for security, backup, or auditing purposes. Assurances-Statements or conduct intended to convey a general intention, supported by a good-faith effort, to provide and maintain a specified service. "Assurances" does not necessarily imply a guarantee that the services will be performed fully and satisfactorily. Assurances a re distinct from insurance, promises, guarantees, and warranties, unless otherwise expressly indicated. Asymmetric Crypto System-A system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature. Audit-A procedure used to validate that controls are in place and adequate for their purposes. Includes recording and analyzing activities to detect intrusions or abuses into an information system. Inadequacies found by an audit are reported to appropriate management personnel. Audit Trail-A chronological record of system activities providing documentary evidence of processing that enables management staff to reconstruct, review, and examine the sequence of states and activities surrounding or leading to each event in the path of a transaction from its inception to output of final results. Authenticated Record-A signed document with appropriate assurances of authentication or a message with a digital signature verified by a relying party. However, for suspension and revocation notification purposes, the digital signature contained in such notification message must have been created by the private key corresponding to the public key contained in the Digital Signature Certificate. Authentication-A process used to confirm the identity of a person or to prove the integrity of specific information. Message authentication involves determining its source and verifying that it has not been modified or replaced in transit. (See also verify (a digital signature)) Authorization-The granting of rights, including the ability to access specific information or resources. Availability-The extent to which information or processes are reasonably accessible and usable, upon demand, by an authorized entity, allowing authorized access to resources and timely performance of time-critical operations. Backup-The process of copying critical information, data and software for the purpose of recovering essential processing back to the time the backup was taken. Binding-An affirmation by a Certifying Authority of the relationship between a named entity and its public key. Certificate-A Digital Signature Certificate issued by Certifying Authority. Certificate Chain-An ordered list of certificates containing an end-user subscriber certificate and Certifying Authority certificates. (See Valid Certificate). Certificate Expiration-The time and date specified in the Digital Signature Certificate when the operational period ends, without regard to any earlier suspension or revocation. Certificate Extension-An extension field to a Digital Signature Certificate which may convey additional information about the public key being certified, the certified subscriber, the Digital Signature Certificate issuer, and/or the certification process. Standard extensions are defined in Amendment 1 to ISO/IEC 9594-8:1995 (X. 509). Custom extensions can also defined by communities of interest. Certificate Issuance-The actions performed by a Certifying Authority in creating a Digital Signature Certificate and notifying the Digital Signature Certificate applicant (anticipated to become a subscriber) listed in the Digital Signature Certificate of its contents. Certificate Management (Management of Digital Signature Certificate)-Certificate management includes, but is not limited to, storage, distribution, dissemination, accounting, publication, compromise, recovery, revocation, suspension and administration of Digital Signature Certificates. A Certifying Authority undertakes Digital Signature Certificate management functions by serving as a registration authority for subscriber Digital Signature Certificates. A Certifying Authority designates issued and accepted Digital Signature Certificates as valid by publication. Certificate Policy-A specialized form of administrative policy tuned to electronic transactions performed during Digital Signature Certificate management. A Certificate Policy addresses all aspects associated with the generation, production, distribution, accounting, compromise recovery and administration of digital certificates. Indirectly, a certificate policy can also govern the transactions conducted using a communications system protected by a certificate-based security system. By controlling critical certificate extensions, such policies and associated enforcement technology can support provision of the security services required by particular applications. Certificate Revocation-(See Revoke a Certificate). Certificate Revocation List (CRL) -A periodically (or exigently) issued list, digitally signed by a Certifying Authority, of identified Digital Signature Certificates that have been suspended or revoked prior to their expiration dates. The list generally indicates the CRL issuer's name, the date of issue, the date of the next scheduled CRL issue, the suspended or revoked Digital Signature Certificates' serial numbers, and the specific times and reasons for suspension and revocation. Certificate Serial Number-A value that unambiguously identifies a Digital Signature Certificate generated by a Certifying Authority. Certificate Signing Request (CSR) -A machine-readable form of a Digital Signature Certificate application. Certificate Suspension (See Suspend a Certificate) Certification/Certify-The process of issuing a Digital Signature Certificate by a Certifying Authority. Certifying Authority (CA) -A person who has been granted a licence to issue a Digital Signature Certificate under section 24 of Information Technology Act, 2000. Certifying Authority Software-The cryptographic software required to manage the keys of end entities. Certifying Authority System-All the hardware and software system (e.g., Computer, PKI servers, network devices etc.) used by the Certifying Authority for generation, production, issue and management of Digital Signature Certificate. Certification Practice Statement (CPS) -A statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing Digital Signature Certificates. Certifier-(See Issuing Authority). Challenge Phrase-A set of numbers and/or letters that are chosen by a Digital Signature Certificate applicant, communicated to the Certifying Authority with a Digital Signature Certificate application, and used by the Certifying Authority to authenticate the subscriber for various purposes as required by the Certification Practice Statement. A challenge phrase is also used by a secret shareholder to authenticate himself, herself, or itself to a secret share issuer. Certificate Class-A Digital Signature Certificate of a specified level of trust. Client Application-An application that runs on a personal computer or workstation and relies on a server to perform some operation. Common Key-Some systems of cryptographic hardware require arming through a secret-sharing process and require that the last of these shares remain physically attached to the hardware in order for it to stay armed. In this case, "common key" refers to this last share. It is not assumed to be secret as it is not continually in an individual's possession. Communication/Network System-A set of related, remotely connected devices and communications facilities including more than one computer system with the capability to transmit data among them through the communications facilities (covering ISDN, lease lines, dial-up, LAN, WAN, etc.). Compromise-A violation (or suspected violation) of a security policy, in which an unauthorized disclosure of, or loss of control over, sensitive information may have occurred. (Cf., data integrity). Computer-Any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network. Computer Centre-(See Data Centre). Computer Database-Means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network. Computer Network-Interconnection of one or more computers through-- (i) the use of satellite, microwave, terrestrial line or other communication media; and (ii) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained. Computer Peripheral-Means equipment that works in conjunction with a computer but is not a part of the main computer itself, such as printer, magnetic tape reader, etc. Computer Resource-Means computer, computer system, computer network, data, computer database or software. Computer System-A device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions. Computer Virus-(See Virus). Confidentiality-The condition in which sensitive data is kept secret and disclosed only to authorized parties. Confirm-To ascertain through appropriate inquiry and investigation. (See also authentication; verify a digital signature). Confirmation of Digital Signature Certificate Chain-The process of validating a Digital Signature Certificate chain and subsequently validating an end-user subscriber Digital Signature Certificate. Contingency Plans-The establishment of emergency response, backup operation, and post-disaster recovery processes maintained by an information processing facility or for an information system. Establish the strategy for recovering from unplanned disruption of information processing operations. The strategy includes the identification and priority of what must be done, who performs the required action, and what tools must be used. A document, developed in conjunction with application owners and maintained at the primary and backup computer installation, which describes procedures and identifies the personnel necessary to respond to abnormal situations such as disasters. Contingency plans help managers ensure that computer application owners continue to process (with or without computers) mission-critical applications in the event that computer support is interrupted. Controls-Measures taken to ensure the integrity and quality of a process. Correspond-To belong to the same key pair. (See also public key; private key). Critical Information-Data determined by the data owner as mission critical or essential to business purposes. Cross-Certificate-A Certificate used to establish a trust relationship between two Certifying Authorities. Cryptographic Algorithm-A clearly specified mathematical process for computation; a set of rules that produce a prescribed result. Cryptography-(See also Public Key Cryptography). (i) The mathematical science used to secure the confidentiality and authentication of data by replacing it with a transformed version that can be reconverted to reveal the original data only by same one holding the proper cryptographic algorithm and key. (ii) A discipline that embodies the principles, means, and methods for transforming data in order to hide its information content, prevent its undetected modification, and/or prevent its unauthorized uses. Damage-Means to destroy, alter, delete, add, modify or rearrange any computer resource by any means. Data-Means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer. Database-(See Computer Database). Data Centre (as also Computer Centre)-The facility covering the computer room, media library, network area, server area, programming and administration areas, other storage and support areas used to carry out the computer processing functions. Usually refers to the computer room and media library. Data Confidentiality-(See Confidentiality). Data Integrity-A condition in which data has not been altered or destroyed in an unauthorized manner. (See also threat; compromise). Data Security-The practice of protecting data from accidental or malicious modification, destruction, or disclosure. Demo Certificate-A Digital Signature Certificate issued by a Certifying Authority to be used exclusively for demonstration and presentation purposes and not for any secure or confidential communications. Demo Digital Signature Certificates maybe used by authorized persons only. Digital Certificate Applicant-A person that requests the issuance of a public key Digital Signature Certificate by a Certifying Authority. (See also CA applicant; subscriber) Digital Certificate Application-A request from a Digital Signature Certificate applicant (or authorized agent) to a Certifying Authority for the issuance of a Digital Signature Certificate. (See also certificate applicant; certificate signing request) Digital Signature-Means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 of the Information Technology Act, 2000. Digital Signature Certificate-Means a Digital Signature Certificate issued under sub-section (4) of section 35 of the Information Technology Act, 2000. Distinguished Name-A set of data that identifies a real-world entity, such as a person in a computer-based context. Document-A record consisting of information inscribed on a tangible medium such as paper rather than computer-based information. (See also message; record) Electronic Form-With reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro-film, computer generated microfiche or similar device. Electronic Mail ("E-Mail")-Messages sent, received or forwarded in digital form via a computer-based communication mechanism. Electronic Record-Means data, record or date generated, image 'or sound stored, received or sent in an electronic form or microfilm or computer generated microfiche. Encryption-The process of transforming plain text data into an unintelligible form (cipher text) such that the original data either cannot be recovered (one-way encryption) or cannot be recovered without using an inverse decryption process (two-way encryption). Extensions-Extension fields in X. 509 v3 certificates. (See X.509) Firewall/Double Firewall-One of several types of intelligent devices (such as routers or gateways) used to isolate networks. Firewalls make it difficult for attackers to jump from network to network. A double firewall in two firewalls connected together. Double firewalls are used to minimise risk if one firewall gets compromised or provide address translation functions. File Transfer Protocol (FTP) -The application protocol that offers file system access from the Internet suite of protocols. Function-In relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer. Gateway-Hardware or software that is used to translate protocols between two or more systems. Generate a Key Pair-A trustworthy process of creating private keys during Digital Signature Certificate application whose corresponding public keys are submitted to the applicable Certifying Authority during Digital Signature Certificate application in a manner that demonstrates the applicant's capacity to use the private key. Hard Copy-A copy of computer output that is printed on paper in a visually readable form, e.g., printed reports, listing, and documents. Hash (Hash Function)-An algorithm that maps or translates one set of bits into another (generally smaller) set in such a way that: (i) A message yields the same result every time the algorithm is executed using the same message as input. (ii) It is computationally infeasible fora message to be derived or reconstituted from the result produced by the algorithm. (iii) It is computationally infeasible to find two different messages that produce the same hash result using the same algorithm. High Security Zone-An area to which access is controlled through an entry point and limited to authorized, appropriately screened personnel and properly escorted visitors. High-Security Zones should be accessible only from Security Zones, and are separated from Security Zones and Operations Zones by a perimeter. High Security Zones are monitored 24 hours a day a week by security staff, other personnel or electronic means. Identification/Identify-The process of confirming the identity of a person. Identification is facilitated in public key cryptography by means of certificates. Identity-A unique piece of information that marks or signifies a particular entity within a domain. Such information is only unique within a particular domain. Information-Includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro-film or computer generated microfiche. Information Assets-Means all information resources utilized in the course of any organisation's business and includes all information, application software (developed or purchased), and technology (hardware, system software and networks). Intermediary-With respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message. Information Technology Security-All aspects related to defining, achieving, and maintaining confidentiality, integrity, availability, accountability, authenticity, and reliability. Information Technology Security Policy-Rules, directives and practices that govern how information assets, including sensitive information, are managed, protected and distributed within an organization and its Information Technology systems. Key-A sequence of symbols that controls the operation of a cryptographic transformation (e.g. encipherment, decipherment, cryptographic check function computation, signature generation, or signature verification). Key Generation-The trustworthy process of creating a private key/public key pair. Key Management-The administration and use of the generation, registration, certification, deregistration, distribution, installation, storage, archiving revocation, derivation and destruction of keying material in accordance with a security policy. Key Pair-in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key. Licence-Means a licence granted to a Certifying Authority. Local Area Network (LAN) -A geographically small network of computers and supporting components used by a group or department to share related software and hardware resources. Low-Sensitive-Applies to information that, if compromised, could reasonably be expected to cause injury outside the national interest, for example, disclosure of an exact salary figure. Management of Digital Signature Certificate-(See Certificate Management). Media-The material or configuration on which data is recorded. Examples include magnetic taps and disks. Message-A digital representation of information; a computer-based record. A subset of record. (See also record). Name-A set of identifying attributes purported to describe an entity of a certain type. Network-A set of related, remotely connected devices and communications facilities including more than one computer system with the capability to transmit data among them through the communications facilities. Network Administrator-The person at a computer network installation who designs, controls, and manages the use of the computer network. Node-In a network, a point at which one or more functional units connect channels or data circuits. Nominated Website-A website designated by the Certifying Authority for display of information such as fee schedule, Certification Practice Statement, Certificate Policy etc. Non-Repudiation-Provides proof of the origin or delivery of data in order to protect the sender against a false denial by the recipient that the data has been received or to protect the recipient against false denial by the sender that the data has been sent. Note: Only a trier of fact (someone with the authority to resolve disputes) can make an ultimate determination of non-repudiation. By way of illustration, a digital signature verified pursuant to this certification practice statement can provide proof in support of a determination of non-repudiation by a trier of fact, but does not by itself constitute non-repudiation. Notary-A natural person authorized by an executive governmental agency to perform notarial services such as taking acknowledgements, administering oaths or affirmations, witnessing or attesting signatures, and noting protests of negotiable instruments. On-Line-Communications that provide a real-time connection. Operations Zone-An area where access is limited to personnel who work there and to properly escorted visitors. Operations Zones should be monitored at least periodically, based on a threat risk assessment (TRA) , and should preferably be accessible from a Reception Zone. Operational Certificate-A Digital Signature Certificate which is within its operational period,i t the present date and time or at a different specified date and time, depending on the context. Operational Management-Refers to all business/service unit management (i.e. the user management) as well as Information Technology management. Operational period-The period starting with the date and time a Digital Signature Certificate is issued (or on a later date and time certain if stated in the Digital Signature Certificate) and ending with the date and time on which the Digital Signature Certificate expires or is earlier suspended or revoked. Organization-An entity with which a user is affiliated. An organization may also be a user. Originator-A person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary. Password (pass phrase; pin number)-Confidential authentication information usually composed of a string of characters used to provide access to a computer resource. Particularly Sensitive-Applies to information that, if compromised, could reasonably be expected to cause serious injury outside the national interest, for example loss of reputation or competitive advantage. PC Card (See also Smart Card)-A hardware token complaint with standards promulgated by the Personal Computer Memory Card International Association (PCMCIA) providing expansion capabilities to computers, including the facilitation of information security. Person-Means any company or association or individual or body of individuals, whether incorporated or not. Personal presence-The act of appearing (physically rather than virtually or figuratively) before a Certifying Authority or its designee and proving one's identity as a prerequisite to Digital Signature Certificate issuance under certain circumstances. PKI (Public Key Infrastructure)/PKI Server-A set of policies, processes, server platforms, software and workstations used for the purpose of administering Digital Signature Certificates and public-private key pairs, including the ability to generate, issue, maintain, and revoke public key certificates. PKI Hierarchy-A set of Certifying Authorities whose functions are organized according to the principle of delegation of authority and related to each other as subordinate and superior Certifying Authority. Pledge-(Ste Software Publisher's Pledge). Policy-A brief document that states the high-level organization position, states the scope, and establishes who is responsible for compliance with the policy and the corresponding standards. Following is an abbreviated example of what a policy man contain- -Introduction -Definitions -Policy Statement identifying the need for "something" (e.g. data security) -Scope -People playing a role and their responsibilities -Statement of Enforcement, including responsibility Private Key-The key of a key pair used to create a digital signature. Procedure-A set of steps performed to ensure that a guideline is met. Program-A detailed and explicit set of instructions for accomplishing some purpose, the set being expressed in some language suitable for input to a computer, on if machine language. Proxy Server-A server that sits between a client application such as a web browser and a real server. It intercepts all requests to the real server to see if it can fulfil the request itself. If not, it forwards the request to the real server. Public Access Zone-Generally surrounds or forms part of a government facility. Examples include the grounds surrounding a building, and public corridors and elevator lobbies in multiple-occupancy buildings. Boundary designators such as signs and direct or remote surveillance may be used to discourage unauthorized activity. Public Key-The key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate. Public Key Certificate-(Ste Certificate). Public Key Cryptography (See Cryptography)-A type of cryptography that uses a key pair of mathematically related cryptographic keys. The public key can be made available to anyone who wishes to use it and can encrypt information or verify a digital signature; the private key is kept secret by its holder and can decrypt information or generate a digital signature. Public Key Infrastructure (PKI) -The architecture, organization, techniques, practices, and procedures that collectively support the implementation and operation of a certificate-based public key cryptographic system. It includes a set of policies, processes, server platforms, sot;ware and work stations, used for the purpose of administering Digital Signature Certificates and keys. Public/Private Key Pair-(Ste Public Key; Private Key; Key Pair). Recipient (of a Digital Signature)-A person who receives a digital signature and who is in a position to rely on it, whether or not such reliance occurs. (See also relying party). Record-Information that is inscribed on a tangible medium (a document) or stored in an electronic or other medium and retrievable in perceivable form. The term "record" is a superset of the two terms "document" and "message". (See also document; message). Re-Enrolment-(Set also Renewal). Rely/Reliance (on a Certificate and Digital Signature)-To accept a digital signature and act in a manner t hat could be detrimental to oneself were the digital signature to be ineffective. (Set also relying party; recipient). Relying Party-A recipient who acts in reliance on a certificate and digital signature. (See also recipient; rely or reliance (on a certificate and digital signature)) Renewal-The process of obtaining a new Digital Signature Certificate of the same class and type for the same subject once an existing Digital Signature Certificate has expired. Repository-A database of Digital Signature Certificates and other relevant information accessible on-line. Repudiation (See also Non-Repudiation)-The denial or attempted denial by an entity involved in a communication of having participated in all or part of the communication. Revoke a Certificate-The process of permanently ending the operational period of a Digital Signature Certificate from a specified time forward. Risk-The potential of damage to a system or associated assets that exists as a result of the combination of security threat and vulnerability. Risk Analysis-The process of identifying security risks, determining their magnitude, and identifying areas needing safeguards. Risk Assessment-An analysis of system assets and vulnerabilities to establish an expected loss from certain events based on estimated probabilities of the occurrence of those events. Risk Management-The total process of identifying, controlling, and eliminating or minimizing uncertain events that may affect Information Technology system resources. RSA-A public key cryptographic system invented by Rivest, Shamir & Adelman. Secret Share-A portion of a cryptographic secret split among a number of physical tokens. Secret Shareholder-An authorized holder of a physical token containing a secret share. Secure Channel-A cryptographically enhanced communications path that protects messages against perceived security threats. Secure System-Means computer hardware, software, and procedure that- (a) are reasonably secure from unauthorised access and misuse (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions; and (d) adhere to generally accepted security procedures. Security Procedure-Means the security procedure prescribed under section 16 of the Information Technology Act, 2000. Security-The quality or state of being protected from unauthorized access or uncontrolled losses or effects. Absolute security is impossible to achieve in practice and the quality of a given security system is relative. Within a state-model security system, security is a specific "state" to be preserved under various operations. Security Policy-A document which articulates requirements and good practices regarding the protections maintained by a trustworthy system. Security Services-Services provided by a set of security frameworks and performed by means of certain security mechanisms. Such services include, but are not limited to, access control, data confidentiality, and data integrity. Security Zone-An area to which access is limited to authorised personnel and to authorised and properly escorted visitors. Security Zones should preferably be accessible from an Operations Zone, and through a specific entry point. A Security Zone need not be separated from an Operations Zone by a secure perimeter. A Security Zone should be monitored 24 hours a day and 7 weeks by security staff, other personnel or electronic means. Self-Signed public key-A data structure that is constructed the same as a Digital Signature Certificate but that is signed by its subject. Unlike a Digital Signature Certificate, a self-signed public key cannot be used in a trustworthy manner to authenticate a public key to other parties. Serial Number-(See certificate serial number). Server-A computer system that responds to requests from client systems. Sign-To create a digital signature for a message, or to affix a signature to a document, depending upon the context. Signature-(See Digital Signature). Signer-A person who creates a digital signature for a message, or a signature for a document. Smart Card-A hardware token that incorporates one or more integrated circuit (IC) chips to implement cryptographic functions and that possesses some inherent resistance to tampering. S/MIME-A specification for E-mail security exploiting a cryptographic message syntax in an Internet mime environment. Subject (of a Certificate)-The holder of a private key corresponding to a public key. The term "subject" can refer to both the equipment or device that holds a private key and to the individual person, if any, who controls that equipment or device. A subject is assigned an unambiguous name, which is bound to the public key contained in the subject's Digital Signature Certificate. Subject Name-The unambiguous value in the subject name field of a Digital Signature Certificate, which is bound to the public key. Subscriber-A person in whose name the Digital Signature Certificate is issued. Subscriber Agreement-The agreement executed between a subscriber and a Certifying Authority for the provision of designated public certification services in accordance with this Certification Practice Statement. Subscriber Information-Information supplied to a certification authority as part of a Digital Signature Certificate application. (See also certificate application). Suspend a Certificate-A temporary "hold" placed on the effectiveness of the operational period of a Digital Signature Certificate without permanently revoking the Digital Signature Certificate. A Digital Signature Certificate suspension is invoked by, e.g., a CRL entry with a reason code. (See also revoke a certificate). System administrator-The person at a computer installation who designs, controls, and manage' the use of the computer system. System Security-A system function that restricts the use of objects to certain users. System Software-Application-independent software that supports the running of application software. It is a software that is part of or made available with a computer system and that determines how application programs are run; for example, an operating system. Test Certificate-A Digital Signature Certificate issued by a Certifying Authority for the limited purpose of internal technical testing. Test certificates may be used by authorized persons only. Threat-A circumstance or event with the potential to cause harm to a system, including the destruction, unauthorized disclosure, or modification of data and/or denial of service. Time-out-A security feature that logs off a user if any entry is not made at the terminal within a specified period of time. Time Stamp-A notation that indicates (at least) the correct date and time of an action, and identity of the person or device that sent or received the time stamp. Token-A hardware security token containing a user's private key(s) , public key certificate, and, optionally, a cache of other certificates, including all certificates in the user's certification chain. Transaction-A computer-based transfer of business information, which consists of specific processes to facilitate communication over global networks. Trust-Generally, the assumption that an entity will behave substantially as expected. Trust may apply only for a specific function. The key role of this term in an authentication framework is to describe the relationship between an authenticating entity and a Certifying Authority. An authenticating entity must be certain that it can trust the Certifying Authority to create only valid and reliable digital Signature Certificates, and users of those Digital Signature Certificates rely upon the authenticating entity's determination of trust. Trusted Position-A role that includes access to or control over cryptographic operations that may materially affect the issuance, use, suspension, or revocation of Digital Signature Certificates, including operations that restrict access to a repository. Trusted Third Party-In general, an independent, unbiased third party that contributes to the ultimate security and trustworthiness of computer-based information transfers. A trusted third party dies not connote the existence of a trustor-trustee or other fiduciary relationship. (Cf. trust). Trustworthy System-Computer hardware, software, and procedures that are reasonably secure from intrusion and misuse; provide a reasonable level of availability, reliability, and correct operation; are reasonably suited to performing their intended functions; and enforce the applicable security policy. A trustworthy system is not necessarily a "trusted system" as recognized in classified government nomenclature. Type (of Certificate)-The defining properties of a Digital Signature Certificate, which limit its intended purpose to a class of applications uniquely, associated with that type. Unambiguous name (See Distinguished Name). Uniform Resource Locator (URL) -A standardized device for identifying and locating certain records and other resources located on the World Wide Web. User-An authorized entity that uses a certificate as applicant, subscriber, recipient or relying party, but not including the Certifying Authority issuing the Digital Signature Certificate. (See also certificate applicant; entity; person; subscriber). Valid Certificate-A Digital Signature Certificate issued by a Certifying Authority and accepted by the subscriber listed in it. Validate a Certificate (i.e., of an End-User Subscriber Certificate)-The process performed by a recipient or relying party to confirm that an end-user subscriber Digital Signature Certificate is valid and was operational at the date and time a pertinent digital signature was created. Validation (of Certificate Application)-The process performed by the Certifying Authority or its agent following submission of a Digital Signature Certificate application as a prerequisite to approval of the application and the issuance of a Digital Signature Certificate. (See also authentication; software validation) Validation (of Software)-(See Software Validation). Verify (A Digital Signature)-In relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether- (a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber; (b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature. Virus-Means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource. Vulnerability-A weakness that could be exploited to cause damage to the system or the assets it contains. Web Browser-A software application used to locate and display web pages. World Wide Web (WWW) -A hypertext-based, distributed information system in which user may create, edit, or browse hypertext documents. A graphical document publishing and retrieval medium; a collection of linked documents that reside on the Internet. Writing-Information in a record that is accessible and usable for subsequent reference. X.509 The ITU-T (International Telecommunications Union-T) standard for Digital Signature Certificates. X.509 v3 refers to certificates containing or capable of containing extensions. | | | --- | | ACRONYMES | | ARL | Authority Revocation List | | CA | Certification Authority | | CP | Certificate Policy | | CPS | Certification Practice Statement | | CRL | Certificate Revocation List | | CSR | Certificate Signing Request | | DN | Distinguished Name | | e-mail | Electronic Mail | | FTP | File Transfer Protocol | | ISDN | Integrated Service Digital Network | | ITU | International Telecommunications Union | | LAN | Local Area Network | | PIN | Personal Identification Number | | PKI | Public Key Infrastructure | | PKIX | Public Key Infrastructure X.509 | | URL | Uniform Resource Locator | | WAN | Wide Area Network |
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acts
State of Odisha - Act ----------------------- The Orissa Evacuee Interest (Separation) (Amendment) Act, 1960 ---------------------------------------------------------------- ODISHA India The Orissa Evacuee Interest (Separation) (Amendment) Act, 1960 ================================================================ Act 20 of 1960 ---------------- * Published on 1 January 1960 * Commenced on 1 January 1960 The Orissa Evacuee Interest (Separation) (Amendment) Act, 1960 Orissa Act No. 20 of 1960 Published vide Orissa Gazette Extraordinary 4.12.1960. For Statement of Objects and Reasons see Orissa Gazette Extraordinary 11.11.1960. An Act to amend the Evacuee Interest (Separation) Act, 1951. Be it enacted by the Legislature of the State of Orissa in the Eleventh Year of the Republic of India as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Orissa Evacuee Interest (Separation) (Amendment) Act, 1960. (2) It shall extend to the whole of the State of Orissa. (3) It shall come into force on the date appointed by the Central Government under Sub-section (2) of Section 1 of the Evacuee Interest (Separation) (Amendment) Act, 1960. ### 2. Application of Evacuee Interests (Separation) (Amendment) Act, 1960 to the State of Orissa. - The Amendments made to the Evacuee Interest (Separation) Act, 1951, by the Evacuee Interest (Separation) (Amendment) Act, 1960, shall, in so far as they relate to any matter enumerated in List 11 of the Seventh Schedule to the Constitution be as valid in the State of Orissa as if the provisions contained therein had been enacted by the Legislature of the State. ### 3. Repeal and savings. (1) The Orissa Evacuee Interest (Separation) (Amendment) Ordinance, 1960, is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken in exercise of any of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.
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acts
NCT Delhi - Act ----------------- The Delhi Police (Appointment & Recruitment) Rules, 1980 ---------------------------------------------------------- DELHI India The Delhi Police (Appointment & Recruitment) Rules, 1980 ========================================================== Rule THE-DELHI-POLICE-APPOINTMENT-RECRUITMENT-RULES-1980 of 1980 ------------------------------------------------------------------ * Published on 31 December 1980 * Commenced on 31 December 1980 The Delhi Police (Appointment & Recruitment) Rules, 1980 Published vide Notification No. F.10(52) /80-HP/Estt/Volume dated 31st December, 1980 Notification No. F.10(52) /80-HP/Estt/Volume dated 31st December, 1980. - In exercise of the POWERS conferred by Section 147(1) and (2) of the Delhi Police Act (Act 34 of 1978 ), 1978 the Administrator of Delhi is pleased to make the following rules, namely- ### 1. Short title. - These Rules shall be called "The Delhi Police (Appointment and Recruitment) Rules, 1980." ### 2. Applicability. (a) They shall apply to all non-gazetted employees of the Delhi Police. (b) They shall come into force with effect from the date of their publication in the Delhi Gazette. ### 3. Definitions. - (i) "Appointing Authority" in relation to Inspector of Police means the Additional Commissioner of Police and in relation to the subordinate police officers below the rank of Inspector means the Deputy Commissioner of Police including the Additional Deputy Commissioner of Police, Principal/P.T.S. or any other officer or equal rank. (ii) Competent authority means the Commissioner of Police or any other police officer specially authorised by him under these rules to appoint a police officer of subordinate rank of Delhi Police. (ii-a) "Employees" means non-gazetted employees of the Delhi Police Force. (iii) Probation means of period of trial of a person appointed temporarily or in an officiating capacity against temporary or permanent post of a police of subordinate rank. ### 4. General. - (i) Appointing authorities-The following authorities shall be competent to make appointment to various subordinate ranks of Delhi Police- | | | | | --- | --- | --- | | Class of Police Officers | Authority to whom the power of appointment is delegated | The extent of delegation | | (i) | Inspector | | Addl. C.P. | Full powers subject to the rules framed hereunder. | | (ii) | Sub-inspr. | (i) | DCP | Do | | | | (ii) | Addl.DCP | | | | | (iii) | Principal/PTS | | | | | (iv) | Any other officer of equivalent rank. | | | (iii) | ASI | | Do | Do | | (iv) | H.C. | | Do | Do | | (v) | Constables | | Do | Do | (ii) Substantive appointments-The power to confirm the officers of subordinate rank appointed temporarily or on probation shall vest in the prescribed appointing authority. (iii) All subordinate ranks i.e. constable to Inspector of Delhi Police shall be allotted permanent enrolment numbers. These numbers shall not change with the posting of the individual from one Unit to another. A permanent record of such numbers serial-wise shall be kept in Police Headquarters in the subjoined proforma- | | | | | | | --- | --- | --- | --- | --- | | No. | Name | Parentage | Rank | Date/year of Appointment | | ................................................................................................ ................................................................................................ | (iv) No number shall be allotted to a civilian employee. (v) An alphabetical index of all subordinate ranks in Form-A shall be maintained at P.FI.O for Asst. Sub-Inspectors to Inspectors by Confidential Branch and for Head Constables, Constables, and other categories by the Character Roll Branch. ### 5. Recruitment. (a) Save in the case of Ministerial Cadre, Women Police and other specialised appointments, as hereinafter provided in these rules, direct recruitment to subordinate ranks (executive) of Delhi Police shall be made only at two levels viz. Sub-Inspectors and Constables. (b) [ In rule 5 of the Delhi Police (Amendment and Recruitment) Rules, 1980, hereinafter referred to as the "Principal Rules" for the existing sub-rule (b) the following shall be substituted "(b) Other things being equaL, in the recruitment for various tests in Delhi Police, sons/daughters of serving/retired/deceased Police personnel including the Class IV employees of Delhi Police, shall be given preference over other candidates subject to their fulfilling the prescribed educational and physical standards and also subject to such appointment not exceeding 5% of the total number of vacancies in a year.] [Substituted by Noti. No. F/5/67/83-Home (P) /Estt. dated 15-11-1985.] (c) Appointments to the force shall be subject to the orders, issued by the Govt, of India from time to time regarding special representation in the service for Schedule Castes, Scheduled Tribes, Ex-servicemen, [Outstanding sportsmen, departmental] [Added by Notification No. F. 5/67/83-H(P) Estt. dated 15-11-1985.] candidates, etc. (d) [ "Notwithstanding the above rules, the Commissioner of Police shall be the competent authority to appoint in relaxation of the procedure of recruitment through the Employment exchange and without subjecting to competitive test, the sons/daughters of Delhi Police personnel who die in harness leaving their families in immediate need of assistance, in terms of the instructions issued by the Govt, of India. MHA regarding such compassionate appointments.] [Substituted by Notification No. F. 5/67/83-Home (P) Estt. dated 15-11-1985.] (e) [ (i) All direct appointments of employees shall be made initially on purely temporary basis. All employees appointed to the Delhi Police shall be on probation for a period of two years:] [Substituted by Notification No. F.5/15/82-H (P) Estt. dated 2-5-1983.] Provided that the competent authority may extend the period of probation but in no case shall the period of probation extend beyond three years in all. (ii) The services of an employee appointed on probation- are liable to be terminated without assigning any reason. (iii) After successful completion of period of probation, the employee shall be confirmed in the Delhi Police by the competent authority, subject to the availability of permanent post. - (f) 'All direct recruits (Non-gazetted officers) in Delhi Police shall, before appointment, be required to execute a bond for the refund of capitation charges for the training imparted to them, in full, in lump sum, if they leave without completing 5 years' service from the date of appointment in the Delhi Police: Provided that the said charges may not be recovered from those who leave the service of the Delhi Police to secure employment under a state Government/Central Government or a public sector undertaking. Standing instruction for working out such charges for various courses shall be determined by the Commissioner of Police. (g) All enrolled police officers shall have to take on oath of allegiance to the Union of India and the Constitution. (h) [ Notwithstanding anything contained in these Rules, where the administrator/Commissioner of Police is of opinion that it is necessary or expedient in the interest of work so to do, he may make appointments to all non-gazetted categories of both executive and ministerial cadres of Delhi Police on deputation basis by drawing suitable persons from any other State(s) or Union territory or Central Police Organisation or any other force. Where each appointments are made by the Commissioner of Police, the same shall be reported to the administrator forthwith. Such appointments on deputation basis shall also be subject to orders issued by the Govt, of India/Delhi Administration from time to time governing the deputation of government servants.] [Added by Notification No. F. 5/46/84-H (P) Estt., dated 23-11-1984.] ### 6. Ineligibility. - (i) No person who is not a citizen of India shall except with the consent of the central Government to be obtained in writing in advance, be appointed, enrolled or employed in Delhi Police. (ii) No person, who has more than one wife living or who having a spouse living marries in any case in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment, enrolment or employment in Delhi Police. (iii) Every candidate shall make a declaration in form No.B about his martial status before he is enlisted. (iv) No person shall be appointed to any post in Delhi Police unless he has been certified on as physically fit for police service by form D&F by a medical authority to be appointed for the purpose by the Commissioner of Police. ### 7. Recruitment of Sub-inspectors (Executive) . - Fifty per cent of vacancies in the rank of Sub-Inspector (Executive) shall be filled by direct recruitment and 50% by promotion out of 50% direct quota, 10% of the post shall be filled by limited department competitive tests from amongst constables, Head constables, and Asstt. Sub-Inspectors with minimum 5 years of service who shall not be more than 35 years (40 years for Scheduled Castes/Scheduled Tribes candidates) of age on the first day of January of the year if the examination is held in the first half of the year and on the first day of July of the year if the examination is held in the later half of the year. The educational qualifications and other physical standards for the test shall be the same as prescribed in the Rules for direct recruitment's to such posts. The unfilled vacancies reserved for the departmental candidates will be carried forward for 3 recruitment years as in the case of vacancies for the scheduled tribe candidate where after the unfilled vacancies will be filed by direct recruitment. Education, physical and other standards for the post of Sub-Inspector (direct recruited) shall be as under: | | | | | | --- | --- | --- | --- | | (1) | Age.. | 20-25 | Relaxable by 5 years only for Scheduled Castes/Scheduled Tribes & departmental candidates. | | (2) | Height... | 170 centimetres | Relaxable by 5 centimetres only for residents of hill areas e.g. Gurukhas, Garhwalis. | | (3) | Chest... | 81 centimetres to 85 centimetres. | Relaxable by 5 centimetres for residents of hill areas. | | | | | [Note-"The relaxation in physical standards once granted at the time of initial appointments in Delhi Police will hold good till the individual concerned remains in Delhi Police."] [Added by Notification No. F.5/67/83/Home (P) Estt, dated 15-11-1985.] | | (4) | Educational Qualification | Degree from a recognised University. | No relaxation | | (5) | Physical standard | Sound health free from defect/deformity disease, both eyes vision 6/12 (Without glasses, No Colour blindness.) | No relaxation | | (6) | Reservation | (1) For Scheduled Castes, Scheduled Tribes & Ex-Servicemen etc., as per order issued by government from time to time.(2) For departmental candidates 10% of vacancies. | ### 8. Constitution of selection boards of appointments/recruitments to posts other than Sub-Inspectors (Executive) . - Selection of candidates for categories other than Sub-Inspector (Executive) shall be made by Departmental Selection Boards to be constituted by the Commissioner of Police as under- | | | | | --- | --- | --- | | (i) | For Upper Subordinates | One Additional Commissioner of Police & two Deputy Commissioner of Police. | | (ii) | For Lower Subordinates | Deputy Commissioner of Police and two Asstt. Commissioners of Police. | | (iii) | For Class IV staff | Deputy Commissioner of Police and two Asstt. Commissioners of Police. | ### 9. Recruitment of Constables. - (i) Delhi being a cosmopolitan city, it is imperative to attract candidates from all parts of the country. (ii) The recruitment of constables shall be done twice a year in the months of January and July by the Board to be nominated by Commissioner of Police as per Rule 8. (iii) The Commissioner of Police may also order special recruitment at any time if there are sufficient number of vacancies and the panels prepared earlier have exhausted. (iv) A panel shall be drawn up of selected candidates on the basis of existing and anticipated vacancies. This panels shall be valid till the next recruitment is held. (v) Physical, educational, age and other standards for recruitment to the rank of constables shall be as under- | | | | | | --- | --- | --- | --- | | (a) | Age. | 18-21 | Relaxable by 5 years for- | | | | | (i) Scheduled Castes/Scheduled Tribes candidates. | | | | | (ii) Sportsmen of distinction. | | | | | (iii) Ex-servicemen as per Rule 28 of these rules. | | (b) | Height | 170 centimetres. | Relaxable by 5 centimetres for residents of Hill areas e.g. Gurkhas, Garthwalis. | | (c) | Chest | 81 centimetres to 85 centimetres | Relaxable by 5 centimetres for residents of hill areas. | | (d) | Educational Qualification | Matric/Higher Secondary or 10th of 10 plus 2 | Relaxable upto 9th pass only for- | | (i) Bandsmen, buglers, mounted constables, drivers, despatch riders, etc. | | (ii) [ For sons/daughters of deceased/ retired police personnel including category ‘D’ employees of Delhi Police.] [Substituted by Notification No. F/5/67/83-Home (P) /Estt. dated 15-11-1985.] | | (e) | Physical standard | Sound state of health, free from defect/deformity disease, vision 6/12 without glasses both eyes, free from colour blindness. | No relaxation permissible | | (f) | Reservation | | (i) For Scheduled Castes, Scheduled vacancies. Tribes, Ex-servicemen etc. as per orders issued by Government from time to time. | | (ii) [ For sons/daughters of serving/retired deceased police personnel, not more than 5% of vacancies in that recruitment year.] [Substituted by Notification No. F/5/67/83-Home(P) /Estt. dated 15-11-1985.] | (vi) The Commissioner of Police shall frame standing orders prescribing application forms and detailed procedure to be followed for conducting physical efficiency, physical measurement written tests and viva-voce for regulating the above- mentioned recruitment. (vii) [ "Relaxation. Addi. Commissioner of Police (Armed Police & Training) can grant relaxation to the sons/daughters of either serving, retired or deceased police personnel and category 'D' employees of Delhi Police who do not fulfil the general conditions of physical standard, age and educational qualifications-Relaxation of maximum of 5 centimetres in height and chest measurement, one standard in educational qualification and maximum age limit upto 25 years. Any candidate of this category can take the test with prior approval of the Dy. Commissioner of Police concerned. Proper sanction for relaxation shall be obtained from Addl. C.P. (AP&T), Delhi in case of these candidates who qualify in the test and come within the selection range. Their names will be included in the panel of qualifying candidates subject to requisite relaxation being granted by Addl. C.P. (AP&T), Delhi."] [Sub-rule (vii) , added by Notification No. F-5/67/83 Home (P) Estt, dated 15-11-1985.] ### 10. Appointments to Ministerial Cadre. - Direct recruitment to ministerial cadre shall be made only in the rank of Head Constable (Ministerial) and of Stenographers in the rank, of Assistant sub-inspector. Competitive examinations for the purpose shall be held once or more frequently every year as the Commissioner of Police may decide depending upon the number of vacancies. Candidates from open market as well as from the department shall be eligible. Detailed standing orders prescribing subjects to tests, marks assigned for each, for shorthand/typewriting (English/Hindi) Separately & procedure for conducting tests shall be issued by the Commissioner of Police. Physical, education, age and other standards for appointment to the rank of Head Constable (Ministerial) and Assistant sub-inspector (Stenogrpaher) shall be as under- Head constables (Ministerial) /Assistant Sub-Inspectors (Stenogrpahers). | | | | | --- | --- | --- | | 1. | Per cent of direct recruitment. | 100% | | 2. | Age...... 18 to 25 years. | Relaxable by 5 years in the case of- | | | | (a) Scheduled castes/Scheduled Tribes and departmental candidates. | | | | (b) Ex-servicemen as per rules prescribed by the Government of India. | | 3. | Academic Qualification | Higher Secondary or equivalent | | 4. | Professional attainments | Speed in Typing. | | | (a) For Head Constables | English-30 words per minute.Hindi-25 words per minute. | | | (b) [ For assistant sub-inspectors (Stenographers) [Substituted by Notification No. F. 5/67/83 Home (P) Estt, dated 15/11-1985.] | Speed in short-hand and typing 80/40 words per minute (English) .] | | 5. | Preference | Working knowledge of: | (a) Accounts and office procedure. | | | | (i) For Head Constables (Ministerial) | | | | | (ii) for Stenographers (Assistant sub-Inspectors) | (b) Knowledge of drafting and office procedure. | | 6. | Physical standard | Sound state of health free from defect/deformity/disease vision 6/12 with or without glasses both eyes, free from colour blindness. | No relaxation permissible. | | 7. | Reservation of vacancies & other requirements | Same as for constables (Executive) . | [\* \* \* \* \* \*] [Clause 6 (a) and (b) relating to physical (standards including the footnote shall be deleted by Notification No. F. 5/67/83 Home (P) Estt, dated 15-11-1985.] ### 11. Appointment of shorthand reporters. (1) Shorthand reporters shall be in two ranks Sub-Inspectors and Assistant Sub- Inspectors. All the vacancies of Assistant Sub-Inspectors (Shorthand reporters) shall be filled by direct recruitment whereas 50% of the vacancies of shorthand reporters (Sub-Inspectors) shall be filled by direct recruitment. The remaining 50% shall be filled by promotion as per rules. (2) Age, educational & other standards for direct appointment in respect of the two categories shall be as under- | | | | | | --- | --- | --- | --- | | (a) | Age... | 18-25 years on date of appointment. | Relaxable by 5 years for- | | | | | (i) Scheduled Castes/Scheduled Tribes & departmental candidates. | | | | | (ii) for ex-servicemen as per rules as Government of India. | | | No height/chest standard is prescribed for this category, this being a technical post. The candidates should be sound in health. | | (b) | Educational Qualification: | | | (a) | For sub-inspector' shorthand reporters: | | | | Graduate from a recognised university. | | | (b) | For assistant Sub-Inspectors shorthand reporters: | | | | Higher Secondary or equivalent. | | (c) | Professional attainments | | | (a) For sub-inspectors shot-hand reporters: | | | Hindi Shorthand | 100 words per minute. | | | Hindi typing | 30 words per minute. | | | (b) For Assistant sub-inspectors shorthand reporters: | | | Hindu shorthand | 80 Words per minute. | | | Hindi typing | 25 Words per minute. | ### 12. Appointment of E.D.P. Programme Assistant/Console operator (Inspector) . (1) E.D.P. Programme Assistant/Console operator is a technical selection post and shall be filled firstly by promotion, failing which by direct recruitment and lastly by transfer/deputation. The promotion shall be made on the recommendations of a Departmental Promotion Committee, consisting of Additional Commissioner of Police, Deputy Commissioner of Police/Communication and Transport and one more member to be nominated by the Commissioner of Police. (2) For promotion and deputation. There shall be no age limit as prescribed for direct appointment in these Rules but the candidates must possess other qualifications as prescribed for direct recruits for the rank/category. (3) For promotion from the post of Machine Room Programmer, the officer should have at least six years in that grade and for deputation the officer should have at least 3 years service in programming/console operation in any State/Central Government E.D.P. organisation, in a post carrying pay scale not below the scale and sub-inspector. (4) Direct appointments in this category shall be made on temporary basis and no applicant shall be accepted as a candidate for direct appointment unless he has been certified as physical fit by the police surgeon or a medical officer to be detailed by the Commissioner of Police and of good character. The candidates must further possess age and other qualifications as under- | | | | | | | --- | --- | --- | --- | --- | | (a) | Age | 18-30 years | | Relaxable upto 40 years from candidates with special merit and experience. | | (b) | Academic qualifications & other | (i) | Bachelors' degree in Art/Science/Commerce with one paper in mathematics or statistics or both from a recognised university. | | | | (ii) | Must posses three months training in computer programming/console operations. | | (c) | Desirable | (i) | Three years experience in data processing work in any E.D.P. organisation. | | | | (ii) | Candidates working on Crime/Criminal information system in police organisations will be preferred. | | (d) | Medical fitness | | Of sound health, free from defect/deformity/disease better eye 6/6 without glasses, worse eye 6/36 corrected with glasses upto 6/9 or 6/12 without glasses both eyes. Free from colour blindness. | ### 13. Appointment of Libraries Statistician (Sub-Inspector). - Selection for direct appointment to the posts of Librarian and Statistician shall be made by the Board of Officers to be nominated by Commissioner of Police under rule 8 of these Rules. No candidate shall be accepted for appointment unless he has been certified as physically fit and of good character for police service. The candidates must further possess qualifications for their respective categories as under: | | | | | | --- | --- | --- | --- | | (a) | Age | 18-25 years on the date of appointment | Relaxable by 5 years for- | | | | (i) Schedule Castes/Scheduled Tribes and departmental candidates. | | | | (ii) Ex-servicemen as per rules and orders of Government issued from time to time. | | (b) | Health | Sound state of health free from defect/deformity/disease. Vision better eye 6/6 without glasses, worse eye 6/36 correct with glasses upto 6/9. Free from colour blindness. | | (c) | Qualification | | | | A. Librarian | (i) Bachelor's degree from a recognised university. | | | | (ii) Diploma in Library Science from a recognised university of at least 9 month's duration. | | | B. For Statistician | (i) Bachelor's degree in Mathematics, science or economics with one paper in statistics. | | | | (ii) Working knowledge of Hindi. | | (d) | Physical Standard | A strong flawless physique, free from deformity and colour blindness 6/12 without or with glasses (both eyes). | The Commissioner of Police shall prescribe the details of tests etc., if any, required to be conducted for selecting men for appointment to these posts by means to a standing order. ### 14. Women Police. (1) Direct recruitment of women Police shall be made in the rank of Sub-Inspector and Assistant Sub- Inspector only. Wives and daughters of subordinate ranks, who die in service and whose families are left in indigent circumstances may, however, be considered by the Commissioner of Police for appointment as lady constables against vacancies of male constables subject to their possessing the requisite age and educational standards as prescribed for male constables and medical fitness, in exceptional circumstances. (2) 50% of the total sanctioned posts for women police in the ranks of Sub-Inspector and 75% in the ranks of Assistant Sub-Inspector (till constables/Head Constables continue to exist on the cadre of lady policy after that the percentage of direct recruitment in the rank of lady Assistant Sub-Inspector shall be cent per cent) shall be filled by direct appointment. (3) Qualifications, physical standard, age etc., for recruitment to women police shall be as under- | | | --- | | (A) Sub-Inspectors (Women) | | 1. | Age on date of appointment | 20 years in 25 years relaxable upto 30 Years for | | | | (i) Scheduled Castes/Scheduled Tribes and widows, divorced and judicially separated women. | | | | (ii) for departmental candidates. | | 2. | Qualifications | Degree from a recognised University. | | 3. | Height | 157 centimetres. | | | | Relaxable by 5 centimetres in case of | | | | (i) Scheduled Castes/Scheduled Tribes Candidates. | | | | (ii) for candidates from Hill areas. | | | | (iii) [ In case of compassionate appointments.] [Added by Notification No. F. 5/67/83/Home (P) ESH, Dated 15-11-1985.] | | 4. | General Physical Standard | Sound state of health, free from disease defect/deformity and vision 6/12 without glasses (both eyes), should be free from colour blindness. | | (B) Assistant Sub-Inspectors (Women) | | 1. | Age on date of appointment | 18 years to 25 years. Relaxation as for Sub-Inspectors (Women) . | | 2. | Qualifications | Higher Secondary or equivalent or 10+2 years course. | | 3. | Height | 157 centimetres, relaxation as for Sub-Inspectors (Women) . | | 4. | General Physical Standards | Sound state of health, free from disease/defect/deformity and vision 6/12 without glasses (both eyes) should be free from colour blindness. | | (C) [ LADY CONSTABLES [Substituted by Notification No. F. 10/41/83-Home(P) Estt, dated 20-1-1984.] | | 1. | Age | 18-25 years, relaxable for- | | | | (i) Scheduled Castes/Scheduled Tribes, divorced and judicially separated women, upto 30 years; | | | | (ii) Compassionate appointment upto 50 years | | 2. | Height | 157 centimetres relaxable by 2 cms. for- | | | | (i) Scheduled estates/Scheduled Tribes candidates; | | | | (ii) Candidates from hill areas; and | | | | (iii) Compassionate appointment. | | 3. | Education | Matriculation or its equivalent, relaxable upto 9th class for compassionate appointment. | | 4. | Physical standard | Sound state of health, free from defect/ deformity / disease, without coloured eyes blindness and visual acuity as for male constables.] | | 5. [ [Added by Notification No. F. 5/67/83/Home (P) Estt, dated 15-11-1985.] | Other conditions | Subject to above provisions all the conditions of rule 9 regarding male constables including power to relax standard and reservation of post of certain categories will be applicable in the case of lady constable also.] | ### 15. Recruitment of Armourers. - There shall be no direct recruitment to the rank of Head Constables or Sub-Inspectors (Armourers) and all vacancies shall be filled by promotion in accordance with the rules. (1) A select list of matriculate/equivalent Constables with not less tan three years of service, having an aptitute to work as armourers shall be prepared by the Board of officers consisting of Deputy Commissioner of Police/1st Battalion, Deputy Commissioner of Police/Lines and Inspector (Arms) for training as armourers. Their names shall be placed on the approved list in order of seniority based on date of appointment and date of bringing name on the list. The approved candidates will work as helpers and remain under training with qualified armourers for familiarizing themselves with various components of arms sanctioned for Delhi Police. (2) After the training of 6 months, they shall be tested by a board of officers to be nominated by additional Commissioner of Police (Armed Police and Training) for training in 48 weeks Basic Armourers Course of Armoury School of Instructions according to the number of seats allotted by the army authorities. On successfully completing the Armourers Basic Training Course, they shall be appointed as Armourers against sanctioned posts according to their seniority, reckoned from the date of passing the course. Those qualifying on the same date shall have inter- seniority on the basis of their original seniority in the rank of constable. ### 16. Recruitment to the Mounted Police. (1) Direct recruitment to the Mounted Police shall be made only in- the rank of Constables. Vacancies in other ranks shall be filled by promotion from the lower ranks in the Mounted Police according to the rules governing promotion. (2) Vacancies in the rank of Constables (Mounted) may also be filled in by transfer of men from the executive, for which volunteers may be called for from all the Districts/Units from amongst constables with at least 3 years of service, physically fir and with aptitude for riding and maintenance of mounts. The volunteers shall be tested in riding by a Board of Officers to be appointed by Additional Commissioner of Police (Armed Police and Training) in order to judge their suitability. The Board shall select suitable candidates after considering their services record, experience and general suitability for Mounted Police. An approved list shall be maintained in the office of Deputy Commissioner of Police/Lines, in order of seniority reckoned from the date of their enlistment in the Police Department and date of bringing of their names on the approved list. Vacancies shall be filled in from the list as and when the same occur. Transfer of Constables from Mounted Police to general duty in case of general unsuitability or on administrative grounds shall be ordered by the Deputy Commissioner of Police/Old Police Lines only with the prior approval of Additional Commissioner of Police (Armed Police and Training). (3) For candidates registered with the employment Exchange or from open market physical educational and other standards for appointment to the rank of Constable (Mounted Police) shall be as under- | | | | | --- | --- | --- | | 1. | Age | 18-21 years relaxable by 5 years for Scheduled Castes/Scheduled Tribes Candidates and for ex-servicemen as per rule 27. | | 2. | Height | 170 centimetres relaxable by 5 centimetres for residents of hill areas. | | 3. | Chest | 81 to 85 cm. relaxable by 5 centimetres for residents of hill areas. | | 4. | Educational Standard | Matric/Higher Secondary 10th of 10+2. | | 5. | Physical Standard | Sound health, free from defect/ deformity disease, vision 6/6 without glasses both eyes/free from colour blindness. | ### 17. Appointment of Radio (Wireless) & MT Staff. (1) Appointments to the various specialist posts in the Radio (Wireless) and M.T. staff (listed below) shall generally be made by promotion, by the competent authority as prescribed in the Rules. In case, however, suitable men conforming to the standards as prescribed in the rules are not available, the posts may be filled by direct recruitment by a board of officers to be nominated by the Commissioner of Police as provided in rule 7 of these rules. Age, educational and other standards for these posts shall be as under : | | | | --- | --- | | (I) | Radio Technicians (Assistant Sub-Inspectors) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years in case of Scheduled Castes/Scheduled Tribes and departmental candidates. | | 2. | Qualifications | (a) Matriculation or 10th of 10+2. | | | | (b) Diploma in Radio Technology issued by a recognised Institute or have passed grade II proficiency test of Radio technician conducted by Directorate of Coordination Police Wireless. | | | | (c) At least 3 years practical experience in the Armed Forces or in any commercial Organisation (Recognised) . | | 3. | Health | The candidates should be of sound health free from disease/defect/ debility | | 4. | General Physical standard | Better eye: 6/6 without glasses: worse eye 6/26 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (II) | Wireless Operations (Assistant Sub-Inspectors) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years for Scheduled Castes/Scheduled Tribes and departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent; | | | | (b) Second Class certificate of competence as wireless operator issued by Ministry of Transport and Communication or having passed grade II proficiency test of Wireless Operations conducted by Directorate of Coordination Police Wireless. | | | | (c) 2 years practical experience in the operation of wireless sets preferably Very High Frequency (VHF) . | | 3. | Health | Sound health free from disease/defect and debility. | | 4. | General Physical Standard | Better eye: 6/6 without glasses worse eye : 6/36 corrected with glasses to 6/9 or 6/12 without glasses (Both eyes). | | (III) | Storemen Technical (Assistant Sub-Inspector) | | 1. | Age on date of appointment | 25-35 years relaxable upto 40 years for Scheduled Castes/Scheduled Tribes and for department candidates. | | 2. | Qualification | (a) Matriculation or equivalent. | | | | (b) 5 years practical experience in store works. | | 3. | Health | Should be of sound health free from disease, defect and debility. | | 4. | General Physical Standard | Better eye: 6/6 without glasses 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (IV) | Store Clerk (Head Constable) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years for | | | | (i) Scheduled Castes/Scheduled Tribes. | | | | (ii) for departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) 2 years practical experience in store keeping. | | 3. | Health | Should be of sound health, free from disease/defect/deformity. | | 4. | General Physical Standard | Better eye: 6/6 without glasses. Worse eye: 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) | | (V) | Fitter (Battery Charger) (Head Constable) | | 1. | Age on date appointment | 25-35 years. Relaxable upto 40 years for | | | | (i) Scheduled Castes/Scheduled Tribes | | | | (ii) Departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) Fitter (Battery charger) diploma/certificate from a recognised Institute. | | 3. | Health | Should be of sound health, free from disease/defect and deformity. | | 4. | General physical standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (VI) | Draftsman (Tracer) (Head Constable) | | 1. | Age on date of appointment | 25-35 Years (i) Relaxable upto 40 years for Scheduled castes/ Scheduled tribes | | | | (ii) for departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) Draftsman's diploma from a recognised institution. | | 3. | Health | Should be of sound health free from disease/defect and deformity. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (VII) | M.T. Electrician (Head Constable) | | 1. | Age on date of appointment | 25-35 Years. Relaxable upto 40 years. | | | | (i) for Scheduled Castes/ Scheduled Tribes | | | | (ii) for departmental candidates. | | 2. | Qualifications | (a) Middle pass. | | | | (b) 3 years experience of repairing electric system of automobiles including armature rewinding. | | 3. | Health | Should be of sound health, free from disease/defect/deformity. | | 4. | General Physical Standard | Better 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (VIII) | Carpenter (Head Constable) | | 1. | Age on date of appointment | 21-35 years. Relaxable upto 40 years (i) in case of Scheduled Castes/Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualification | (a) Middle Pass | | | | (b) 3 years experience in the trade or I.T.I. Certificate holder with both one year experience. | | 3. | Health | Should be of sound health, free from disease/defect/deformity. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (IX) | Mast Lasker (Head Constable) | | 1. | Age on date of Appointment | 25-35 years. Relaxable upto 40 years in case of (i) Scheduled Castes/Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualification | (a) Middle pass, practical knowledge of erection and maintenance of wireless Mast. | | | | (b) 2 years practical experience in the trade | | 3. | Health | Should be of sound health, free from disease/defect/deformity. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (X) | Workshop Assistant | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years in case of (i) Scheduled Castes/Scheduled Tribes (ii) for departmental candidates | | 2. | Qualifications | (a) Matriculation or equivalent (b) Fitters certificate from recognised institute. (c) Ability to operate lathe & Mechanical tools for manufacture & working of parts of workshop equipment and fittings of machines. (d) Five years workshop experience in at least 2 of the following fields (i) Lathe working, (ii) Carpentry, (iii) Electrical Wiring/Soldering etc., (iv) Internal combustion engines & (v) Fitting plumbing. | | 3. | Health | Should be of sound health, free from disease/defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 3/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XI) | M.T. Chargemen (Inspector) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years for Scheduled Castes/Scheduled Tribes and for departmental candidates. | | 2. | Qualification | (a) Degree in automobile engineering with 2 years experience or Diploma in automobile engineering from a recognised institution of Engineering with 5 years practical experience in any automobile workshop of repute. | | | | (b) Experience or work connected with workshop records preparation of parts local purchase of parts material & general correspondence. | | 3. | Health | Should be of sound health, free from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 Corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XII) | M.T. Fitter Grade I (Assistant Sub-Inspector) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years for Scheduled Castes/ Scheduled Tribes. | | 2. | Qualifications | (a) Middle Pass | | | | (b) Experience of working in different types of vehicles for 4 years as fitter in an automobile workshop of repute. Current driving license for heavy vehicle. | | 3. | Health | Should be of sound health, free from disease/defect and debility. | | 4. | General physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (Both eyes). | | (XIII) | M.T. Store Clerk (Head Constable) | | 1. | Age on date of appointment | 25-35 years. Relaxable Upto 40 years for (i) Scheduled Caste/ Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) 2 years practical experience of stores work procedure/accounting connected with M.T. Parts, material and lubricants. | | 3. | Health | Should be of sound health, free from disease, defect & debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XIV) | M.T. Fitter Grade II (Head Constable) | | 1. | Age on date of appointment | 25-35 years. Relaxable upto 40 years for (i) Scheduled Caste/Scheduled Tribes (ii) for departmental candidates. | | 2. | Educational Qualifications | (a) Middle pass | | | | (b) 3 years experience as fitter in an automobile workshop of repute. | | | | (c) Current driving licence of heavy vehicles. | | 3. | Health | Should be of sound state of health free from disease/defect and deformity. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 to 6/12 without glasses (both eyes). | | (XV) | M.T. Upholster (Head Constable) | | 1. | Age on date of appointment | 25 years to 35 years. Relaxable by 5 years in case of (i) Scheduled Caste/Scheduled Tribes (ii) for departmental candidates. | | 2. | Educational Qualification | (a) Middle Pass | | | | (b) 3 years experience of repairing renovation of upholstery of automobiles in workshop repute. | | 3. | Health. | Should be of sound state of health, free from disease/defect and deformity. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) | | (XVI) | M.T. Workshop Clerk (Head Constable) | | 1. | Age on date of appointment | 25-35 years. Relaxable by 5 years in case of (i) Scheduled Caste/Scheduled Tribe, (ii) for departmental candidates. | | 2. | Qualification | (a) Matriculation or equivalent. | | | | (b) 2 years experience of maintaining automobiles workshop documents (job cards. M.T. parts/materials requisition forms etc.) | | 3. | Health | Should be sound state of health, free, from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) | | (XVII) | M.T. Helper (Constable Selection Grade) | | 1. | Age on date of appointment | 18-25 years. Relaxable by 5 years (i) in case of Scheduled caste/Scheduled tribes. | | | | (ii) for departmental candidates. | | 2. | Qualification | (a) Middle Pass | | | | (b) One year experience as mate to fitter/ welder/blacksmith/ electrician/painter/carpenter/up hoster in an automobiles garage of repute. | | 3. | Health | Should be of sound health, free from disease, defect and debility. | | (XVIII) | M.T. Storeman (Constable) | | 1. | Age on date of appointment | 18-25 years, relaxable upto 30 years | | | | (i) in case of Scheduled Caste/Scheduled Tribes, (ii) for departmental candidates. | | 2. | Qualifications | (a) Middle pass. | | | | (b) Experience as sotreman (Desirable) | | 3. | Health | Should be of sound state of health, free from disease, defect, debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XIX) | Welder-Cum-Blacksmith (Head Constable) | | 1. | Age on date of appointment | 21 years to 35 years relaxable upto 4 year. | | | | (i) in case of Scheduled Caste/ Scheduled Tribes | | | | (ii) for departmental candidates. | | 2. | Qualification | (a) Middle pass | | | | (b) 3 years experience in the trade of I.T.I. certificate holder with one year experience. | | 3. | Health | Should be of sound state of health, free from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XX) | M.T. Coach Painter (Head Constable) | | 1. | Age on date of appointment | 21 years to 35 years relaxable upto 40 years (i) in case of Scheduled Caste Scheduled Tribes (ii) for departmental candidates. | | 2. | Educational Qualifications | (a) Middle pass. | | | | (b) 3 years experience in the trade or ITI certificate holder with one year experience. | | 3. | Health | Should be of sound state of health, free from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XXI) | M.T. Store Keeper (Assistant Sub-Inspector) | | 1. | Age on date of appointment | 25 to 35 years. Relaxable upto 40 years (i) in case of Scheduled caste/Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualification | (a) Matriculation or equivalent. | | | | (b) 5 years practical experience in handling M.T. store in a reputed firm/Organisation/Government Deptt. | | 3. | Health | Should be of sound health free from disease defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XXII) | M.T. Inspector | | 1. | Age on date of appointment | Upto 35 years. Relaxable upto 40 years (i) in case of Scheduled Caste/Scheduled Tribes, (ii) for departmental candidate. | | 2. | Qualifications | (a) Matriculation or equivalent, | | | | (b) M.T. Supervisory Course from BSF Army or ITI trained Motor | | 3. | Health | Mechanics with 10 years experience of Diploma in automobile. | | 4. | General Physical Standard | Should be of sound health, free from disease, defect and debility. Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) | | (XXIII) | M.T. Sub-Inspector (Operational) | | 1. | Age on date of appointment | Upto 30 years. Relaxable upto 35 years (i) in case of Scheduled Caste/Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) M.T. Supervisory course from BSF army or ITI trained Motor Mechanic with 7 years experience. | | 3. | Health | Should be of sound health, free from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | (XXIV) | M.T. Sub-Inspector (Technical) | | 1. | Age on date of appointment | Upto 30 years, Relaxable upto 35 years (i) in case of scheduled Castes/Scheduled Tribes (ii) for departmental candidates. | | 2. | Qualifications | (a) Matriculation or equivalent. | | | | (b) M.T. Supervisory course from BSF /army of ITI trained Motor Mechanic with 7 years experience | | 3. | Health | Should be of sound health, free from disease, defect and debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 Corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | (a) Vacancies of M.T. Drivers and despatch Riders shall be. filled by direct recruitment at the level of Constables only. The Head Constable shall be appointed by promotion as per rules. For appointment to the post-of constables (drivers) volunteers shall be invited from amongst serving constables along with the candidates from open market. These candidates shall be tested in driving/maintenance of vehicles etc. as per procedure to be prescribed by the Commissioner of Police in a Standing Order. The Selected candidates will then be go medically examined by the Police Surgeon (particularly in respect of eye-sight) in order to ensure that they have a standard vision for the post of driver. The names of the selected candidate shall be brought on select list. Appointment shall be made out of the said select list. They shall be absorbed in M.T. cadre in strict order of seniority which shall be determined on the basis of dates of appointment and date of bringing their names on the M.T. lists, as and when vacancies occur. Efforts shall be made to ensure that atleast 50 names remain on the select list of approved drivers at all time, so that vacancies occurring from time to time can be filled in without any loss of time. (b) The candidates selected for enlistment as constable (Drivers/Despatch Riders) from the open marked will undergo full recruitment training course which will also include training in driving/maintenance of vehicles. Candidates selected from amongst serving constables will only undergo 3 months training in driving maintenance of vehicles. However, ex-servicemen candidate will only be put through a short re-orientation course before posting them as a driver. (c) "The education standard for MT Drivers/Despatch Riders shall be as for Constables mentioned in Rule 9. As for age, they shall be between Constable and the candidates belonging to Scheduled Caste/Scheduled Tribes. In addition they should hold a valid driving licence for heavy vehicles and motor-cycle or auto risckshaw." | | | | --- | --- | | (XXVI) | Assistant Wireless Operator/Tele-Printer Operators (Head Constable) | | 1. | Age | 20-30 years relaxable upto- | | | | (i) 35 years for SCs/STs. | | | | (ii) 35 years for departmental candidates. | | | | (iii) 40 years for SC/ST departmental candidates. | | | | (iv) Ex-servicemen as per instructions issued by the Govt, of India from time to time. | | 2. | Educational & other qualifications | (a) Secondary/Metric Examination or its equivalent. | | | | (b) Passed Grade III proficiency test of Wireless Operator Course conducted by Deputy Commissioner of Police (Communication) or equivalent Govt. Authority with one year's minimum practical experience as Radio Operator or one year's minimum experience as class HI Operator in armed force BSF/CRPF. | | | | (c) Preferably should know typing with a speed of 25 w.p.m in English | | 3. | Health | (i) Should be of sound health, free from any disease, defect and deformity. | | | | (ii) General physical standard. Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) and free from colour blindness. | | 4. | Method of recruitment | By promotion, failing which by direct recruitment, failing which by deputation. | | 5. | In case of recruitment by promotion, grade from which promotion to be made | Confirmed Constables (Secondary/Metric or its equivalent of Delhi police after passing Wireless Operator's Course, Grade III conducted by the Deputy Commissioner of Police (Communication) or any State Wireless Organisation and having one year's experience as Wireless operator. | [Appendix-A] [Inserted by Notification No. F5/4684-(H) (P)/Estt. dated 31.7.1986.] ### 17A. Recruitment Rules for the Post of M.T. Cadre of Delhi Police 17-A. | | | | | --- | --- | --- | | 17-A (I) | | | | 1. | Name of the post | | M.T. Inspector | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of Pay | | Rs. 6,500-200-10,500 | | 5. | Whether selection post or non-selection post | | Non-selection | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972 | | Not applicable | | 7. | Age limit for direct recruits | | Not applicable | | 8. | Educational and other qualifications required for direct recruits. | | Not applicable | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees | | Not applicable | | 10. | Period of probation, if any | | Not applicable | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation, transfer and percentage of the vacancies to be filled by various methods | | By promotion, failing which by transfer on deputation | | 12. | In case of recruitment by promotion/ transfer/ deputation grades from which promotion/deputation/transfer to be made | | Promotion:From amongst confirmed M.T. Sub-Inspectors. (Operational) with 6 years service in the grade having current driving licence for heavy vehicles. | | | | | Transfer of deputation from amongst serving Govt, servants in any Central/State/U.T. Police Organisation/Deptt. or Armed Forces: | | | | | (i) holding analogous post, | | | | | OR | | | | | (ii) with 6 yrs. service in the M.T. Cadre in the pay scales of Rs. 5500-175-9000 having current driving licence for heavy vehicles. | | 13. | If a DPC exists what is it composition? | | Group 'C' DPC (List 'F Technical) provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of DPC is as under- Chairman-Commr. of Police Members-2 Addl. Commissioners of Police. (To be nominated by the C.P. Delhi) | | 14. | Circumstances in which U.P.S.C. is to be consulted in making recruitment | | Not applicable. | | 17-A(II) | | | | 1. | Name of the post | | M.T. Chargeman (Inspector) | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of Pay | | Rs. 6500-200-10500 | | 5. | Whether selection post or non-selection post. | | (i) "Non-Selection" if the post is filled by promotion, and | | | (ii) "Not applicable" wen the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | Yes | | 7. | Age limit for direct recruits | | 25-35 years, relaxable upto 40 years for SC/ST and Govt, servants. For Ex-serviceman as per GOI's instruction issued from time to time. | | 8. | Educational and other qualification required for direct recruits. | | (a) Degree in Automobiles Engineering with two years experience or diploma in Automobile Engineering from a recognised institution of Engineering with 5 years practical experience in any Automobile Workshop of repute. | | | | | (b) Experience of work connected with. Workshop records, preparation of parts, local purchase of parts material and general correspondence. | | | | | (c) Should be of sound health free from disease/defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | 2 (Two) years. | | 11. | Method of recruitment whether by direct rectt. or by promotion or by deputation, transfer and percentage of the vacancies to be filled by various method. | | By promotion, failing which by transfer deputation failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer on deputation grades from which promotion/deputation/transfer to be made | | Promotion:From amongst confirmed S.Is. (M.T.) (Technical) with 6yrs. service in the rank, having current driving licence for heavy vehicles. | | | | | Transfer on deputation:From amongst serving Govt, servant in any Central/State/U.T. Police Organisation/Deptts. or Armed Forces- | | | | | (i) Holding analogous post,.. | | | | | OR . | | | | | (ii) with 6 yrs. service in M.T. Cadre in. the pay scale of Rs. 5500-175-9000 having current driving licence for heavy vehicles. | | 13. | If a DPC exists what is its compositions | | (i) Group 'C DPC List' 'F' Technical provided in rule 8 of the Delhi Police (Promotion & Confirmation), Rules 1980 in case of promotion. | | | | | (ii) Selection Board-as under | | | | | 1. Chairman: C.P. Delhi | | | | | 2. Members : Two Addl Cs.P. | | | | | (To be nominated by C.P./Delhi). | | | | | 3. One Technical Officer of MT Workshop of the Status of Addl. C.P. From out-side deptt. i.e. DTC, Civil Aviation, Vehicle Depot and Armed forces will be co-opted as Ex-Officio-member. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A(III) | | | | 1. | Name of the post | | M.T. sub-inspector (Operational) | | 2. | Number of posts | | Five | | 3. | Classification | | Group 'C' (Non-granted) (Technical) | | 4. | Scale of pay | | Rs. 5500-175-9000 | | 5. | Whether selection post or non-selection post | | (i) Non-selection, if the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filed through direct recruitment | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits | | 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For ex-servicemen according to GOI's orders issued from time to time. | | 8. | Educational and other qualifications requires for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) M.t. Supervisory course or M.T. Class-I, Course from BSF/Army or I.T.I. or equivalent Institution. | | | | | (c) Current driving licence for heavy vehicle. | | | | | (d) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (e) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various method. | | By promotion falling which by direct recruitment. | | 12. | In case of recruitment by- Promotion/ transfer/ deputation grades from which promotion/ deputation transfer to be made | | Promotion from amongst confirmed M.T. ASI (Operational) with 5 years service in the grade, having current driving licence for heavy vehicles. | | 13. | If a DPC Exists, what is its composition. | | (i) Group (C) CPC (List 'E' Technical) provided in rule 8 of the Delhi Police (Promotion Confirmation) Rules, 1980, in case of promotion. | | | | | (ii) Selection Board as provided in rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable. | | 17-A(IV) | | | | 1. | Name of the post | | M.T. Sub-Inspector (Technical) | | 2. | Number of posts | | Two | | 3. | Classification | | Group 'C' (Non Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5500-175-9000 | | 5. | Whether selection post or non-selection post | | (i) 'Non-selection' when if the post is filled by promotion, and (ii) 'Not applicable' when it is filled by direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the CCS (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits | | 18-30 years, relaxable up to 35 years for SC/ST and departmental candidates. For ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) M.T. Supervisory Course or M.T. Class-I, course from BSF/Army or ITI or equivalent institution. | | | | | OR | | | | | Trained Motor Mechanic with 5 years experience. | | | | | (c) Current driving licence for heavy vehicles. | | | | | (d) The candidate should be of should health, free from disease, defect or deformity. | | | | | (e) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and education qualification prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by- Promotion / transfer /deputation, grades from which promotion /deputation/ transfer to be made. | | Promotion- | | (a) From amongst confirmed M.T. Fitter Grade-I (ASI) with 6 years service in the grade. | | (b) should be capable of organising routine maintenance of vehicles. | | (c) Current driving licence for heavy vehicle. | | 13. | If a DPC exists what is its composition | | (i) Group 'C' DPC (List 'E' Technical) Provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules 1980, in case of promotion | | | | | (ii) Selection Board; as provided in rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A(V) | | | | 1. | Name of the post | | M.T. store Supervisor (Sub-Inspector) | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5500-175-9000 | | 5. | Whether selection post or non-selection post | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S (Pension) Rides, 1972. | | Yes | | 7. | Age limit for direct recruits | | Between 18-35 years, relaxable upto 40 years of SC/ST and departmental candidates. For ex-servicemen as per GOI's orders issued form time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculation or equivalent. | | | | | (b) 6 years practical experience of procurement storage, issue and accounting of M.T. Store, in a reputed firm of Govt. Organisation department. | | | | | (c) should understand inventory control and be acquainted with fire fighting. | | | | | (d) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (e) Better eye 6/6 without glasses, Worse eye 6/36 correctly with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualification prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two (2) years | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer/deputation, trades from which promotion / deputation/ transfer to be made. | | Promotion from amongst confirmed M.T. Store Keeper (ASIs) with 6 years service in the grade. | | 13. | If a DPC exists what is its composition | | (i) Group 'C' (List 'E' Technical) provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board, as provided in rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable | | 17-A(VI) | | | | 1. | Name of the post | | [M.T. Fitter Grade-I (ASI) Vehicle Machine] [[Added vide Notification No. F. 5/46/84W) Estt, dt-13-5-1988]] | | 2. | Number of posts | | 21 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post | | (i) Non Selection if the post is filled by promotion, and | | | | | (ii) "Not applicable" when the post filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972 | | Yes | | 7. | Age limit for direct recruits | | Between 18-35 years, relaxable upto 40 years for SC/ST/ and departmental candidates, For ex-servicemen, as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculation or equivalent. | | | | | (b) ITI diploma/certificate holder for Motor Mechanic for different type of vehicle with experience as fitter in automobile workshop of repute for 3 years. | | | | | (c) Current driving licence for heavy vehicle. | | | | | (d) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (e) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promoters. | | No | | 10. | Period of probation, if any | | Two (2) Years | | 11. | Method of recruitment, whether by direct recruitment or b promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer/deputation, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed M.T. Fitter Grade-II (Head Constable) vehicle Machine with 5 years service in the grade. | | 13. | If a DPC exists what is its composition? | | (i) Group 'C' DPC (list D-Technical) provided in rule 8 of the Delhi Police (Promotion & Conformation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable | | 17-A(VII) | | | | 1. | Name of the post | | M.T. Storekeeper (ASI) | | 2. | Number of posts | | Two. | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post | | (i) 'Non-selection' if the post is filled by promotion and | | | | | (ii) Not applicable, when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of Service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits | | Between 18-35 years, relaxable upto 40 years of SC/ST and departmental candidates. For ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculation or equivalent. | | | | | (b) 5 years practical experience in handling of M.T. Store & documentation connected with M.T. store in reputed firm/organisation/ government department. | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glassed to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualification prescribed for direct recruitment will apply in the case of promotees. | | No | | 10. | Period of probation, if any. | | Two years | | 11. | Method of recruitment whether by direct recruitment or by promotion/deputation/ transfer & percentage of the vacancies to be filled be various methods. | | By promotion, failing which by transfer failing which by direct recruitment. | | 12. | In case of recruitment by promotion / transfer / deputation grades from which promotion/ deputation/ transfer to be made | | Promotion-From amongst confirmed M.T. (Store clerk) HC with 5 years service in the grade | | | | | Transfer-From amongst M.T. Workshop (clerk) (Head Constables) with 5 years service in the grade, failing which M.T. Fitter Grade-II with 7 yrs, service in the grade. | | | | | OR | | | | | Personnel of Delhi Police (Matriculate) upto the rank of ASI (inclusive) with 5 years practical experience in Store work. | | 13. | If a DPC exists what is its composition | | (i) Group 'C DPC List 'D' (Technical) as provided in rule 8 of the Delhi Police (Promotion & Confirmation Rules, 1980, in case of promotion. | | | | | (ii) Selection Board as provided in rules 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (VIII) | | | | 1. | Name of the post | | M.T. Assistant Sub-Inspector (Operational) | | 2. | Number of posts | | [04] [[Substituted by Notification No. F.13/4/2001/HP/Estt/3009-3012, dated 8.7.2004.]] | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | [Rs. 4000-100-6000] [[Substituted by Notification No. F. 13/4/2001/HP-1/Estt/3009-3012, dated 8.7.2004.]] | | 5. | Whether selection post or non-selection post. | | Non selection | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Not applicable. | | 7. | Age limit for direct recruits | | Not applicable. | | 8. | Educational and other qualification required for direct recruit | | Not Applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation if any. | | Not applicable | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods | | By promotion. | | 12. | In case of recruitment by Promotion/transfer/deputation, grades from which/promotion/deputation/transfer to be made. | | [Promotion Confirmed HC/MT (Ops) with five years service in the grade having current driving licence for HMV and MC] [[Substituted by Notification No. F. 13/4/2001/HP-1/Estt/3009-3021, dated 8.7.2004.]] | | 13. | If a DPC exists what is its composition | | Group 'C' DPC List-D (Technical) as provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable. | | 17-A(IX) | | | | 1. | Name of the post | | M.T. Fitter Grade II (Head Constable) (Carpenter) substituted vide Notification No. F.5/46/84-H(P) /Estt.,dt. 13-5-88. | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post. | | (i) Non-Selection if the post is filled by promotion, and | | | | | (ii) Not applicable when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits | | 18-30 years, relaxable upto 35 years for SC/STs and departmental candidates. For ex-servicemen as per GOI's Orders issued from time to time. | | 8. | Education and other qualification required for direct recruits. | | (a) Middle pass. | | | | | (b) Three years experience in the trade | | | | | or | | | | | ITI certificate holder with one year experience | | | | | (c) The candidate should be sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) Years. | | 11. | Methods of recruitment whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion, falling which by direction recruitment. | | 12. | In case of recruitment by Promotion/ transfer / deputation, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed M.T. Helper (Constable) (Carpenter) with 5 years service in the Grade. | | 13. | If a DPC exists what is its composition. | | (i) Group 'C' DPC, List B (Technical) as provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulated in making recruitment. | | Not applicable. | | 17-A(X) | | | | 1. | Name of the post | | M.T. Fitter Grade-II (Head Const.) Vehicle Mechanic (Added vide Notification No. F 5/46/84-H(P) Estt. dated 13.5.88. | | 2. | Number of posts | | 29 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non-selection post | | (i) Non-selection if the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | Between 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle passed | | | | | (b) Trade certificate from ITI for Motor Mechanic with 3 years experience as Fitter in a reputed automobile workshop. | | | | | (c) Current driving licence for heavy vehicle. | | | | | (d) should be of sound health, free from disease/defect or deformity. | | | | | (e) Better bye 6/6, without glasses, worse eye 6/36, corrected with glasses to 6/9 or 6/12, without glasses (both eyes) | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two (2) Years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion failing which by direct recruitment. | | 12. | In case of recruitment by promotion transfer/ deputation grades from which promotion /deputation / transfer to be made. | | Promotion from amongst confirmed M.T. Helper/constables with 5 years service in the rank, working as helpers to M.T. Fitters. | | 13. | If a DPC exists what is its composition? | | (i) Group 'C' DPC (List-B Technical) as provided in rule 8 of the Delhi (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board, as provided in rule 8 of these rules. In case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable | | 17-A (XI) | | | | 1. | Name of the post | | M.T. Store Clerk (Head Constable). | | 2. | Number of posts | | 6. | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) . | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non-selection post. | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable' wen the post is filed through direct recruitment. | | 6. | Whether benefit of added years of service admissible under rule 30 of the C.C.S. (Pension) Rules, 1972. | | Yes. | | 7. | Age limit direct recruits | | Between 18-30 years, relaxable upto 35 years SC/ST/and departmental candidates for Ex-servicemen as per GOI's orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) Minimum 2 years practical experience of M.T. stores work procedure including identing accounting, payment of bills and important returns should have knowledge of M.T. spare parts, oil and lubricants. | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational No qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any. | | Two (2) Years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer/deputation, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed M.T. Storemen (Constable) with 5 years service in the rank. | | 13. | If a DPC exists what is its composition | | (i) Group 'C' DPC, List 'B' (Technical) as provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules 1980, in case of promotion. | | | | | (ii) Selection Board as provided in rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable | | 17-A (XII) | | | | 1. | Name of the post | | [M.T. Fitter Grade-II (Head Const.) Welder] [[Substituted vide Notification No. F.5/46/84-PI(P) /Estt. dated 13-5-88.]] | | 2. | Number of posts | | One. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non selection post | | Not applicable. | | 6. | Whether benefit of added years of service admissible under rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | Between 18 & 30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Middle pass. | | | | | (b) I.T.I. or Apprenticeship Certificate in the trade of welding with one year experience | | | | | OR | | | | | 3 years experience of welding in an Automobile garage or workshop of repute | | | | | (c) the candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promote | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/ transfer and percentage of the vacancies to be filed by various methods | | By direct recruitment. | | 12. | In case of recruitment by- Promotion/ transfer deputation grades from which promotion / deputation/transfer to be made. | | Not applicable. | | 13. | If a DPC exists what is its composition. | | Selection Board as provided in Rule 8 of these Rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XIII) | | | | 1. | Name of the post | | [M.T. Fitter Grade-II (H.D. Constable (Electrician) .] [[Added vide N. No. F-5/46/84-H(P) Estt. dated 13-5-88.]] | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non-selection post | | (i) 'Non-selection', if the post is filled by promotion, and | | | | | (ii) Not applicable, when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits | | Between 18 to 30. years, relaxable upto 35 years for SC/ST and departmental candidates. for Ex-servicemen, as per GOI's orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) I.T.I. or Apprentice-ship certificate in the trade of Auto-Electrician with one year experience in a Automobile Garrage or workshop of repute. | | | | | OR | | | | | 3 years experience of repairing electric system of automobile including Armature re-winding in a Automobile Garage or workshop of repute. | | | | | (c) The candidate should be of sound health, free from disease/defect & Deformity. | | | | | (d) Better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any | | (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by Promotion / transfer / deputation, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed M.T. Helper/Constable with 5 years service in the particular trade/craft. | | 13. | If a DPC exists what is its composition. | | (i) Group 'C' DPC, List-B (Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XIV) | | | | 1. | Name of the post | | M.T. Workshop Clerk (Head Constable) | | 2. | Number of posts | | Two | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post | | (i) Non-selection if the post is filled by promotion and | | | | | (ii) Not applicable, when the post is filled through direct recruitment. | | 6. | Whether benefit of added years service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits | | Between 18 to 30 years relaxable upto 35 years for SC/ST and departmental candidates. for Ex-servicemen as per GOI's orders, issued from time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculation or equivalent | | | | | (b) 2 years experience of maintaining automobile workshop documents (Job cards, MT parts/Materials requisition form | | | | | (c) The candidate should be of sound health free from disease, defect & deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glass to 6/9 to 6/12 Without glasses (both eyes). | | 9. | Whether age and educational qualification prescribed for direct recruits will apply in the. case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by Promotion / transfer / deputation, grades from which promotion/deputation/transfer to be made. | | Promotion from a amongst Matriculate confirmed M.T. Constables (Drivers with 5 years service as driver. | | 13. | If a DPC exists what is its composition | | (i) Group 'C' DPC List 'B' (Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable | | 17-A (XV) . | | | | 1. | Name of the post | | M.T. Head Constable (Operational) | | 2. | No. of posts | | One | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or Non-selection post. | | Non-Selection | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Not applicable | | 7. | Age limit for direct recruits | | Not applicable | | 8. | Educational and other qualifications required for direct recruitment's. | | Not applicable | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable | | 10. | Period of probation, if any | | Not applicable | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By transfer | | 12. | In case of. recruitment by promotion/transfer/deputation, grades from which promotion/deputation/transfer to be made. | | Transfer from amongst Matriculate confirmed Constables with 5 years service in the grade. | | 13. | If a DPC exists what is its composition. | | Ground 'C' DPC List (Technical) as provided in Rule 6 of the Delhi Police (Promotion and confirmation) Rules, 1980. | | 14. | Circumstances in which UPSC is to be consulted in making1 recruitment. | | Not applicable. | | 17-A (XVI) | | | | 1. | Name of the post | | M.T. Driver (Head Constable). | | 2. | Number of posts | | 265 | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post | | Non selection. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Not applicable. | | 7. | Age limit for direct recruit | | Not applicable. | | 8. | Education and other qualification required for direct recruits | | Not applicable. | | 9. | Whether age and educational qualification prescribed for direct reqruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Not applicable. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion. | | 12. | In case of recruitment by promotion/transfer/deputation/grades from which promotion deputation/ transfer to be made. | | Promotion from amongst confirmed M.T. Constable (Driver) with 5 years service as driver in the Grade. | | 13. | If a DPC exists what is its composition | | Group 'C DPC List- B, Technical as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. | | | | | (Note: Promotion list shall be framed on the recommendation of the DPC keeping in view the vacancies in the rank of Hd. Const). Likely to occur in the following one year. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable | | 17-A (XVII) | | | | 1. | Name of the post | | M.T. Fitter-Grade-II (Head Constable) (Painter) | | 2. | Number of posts | | One | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post. | | (i) Non-selection, if the post is filled by promotion and, | | | | | (ii) Not applicable when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | Between 18 & 30 years, relaxable upto 35 years for SC/ST and departmental candidates, for ex-servicemen as per GOI's orders issued from time to time. | | 8. | Educational and other qualification required for direct recruits | | (a) Middle pass | | | | | (b) 3 years experience in the trade. | | | | | OR | | | | | ITI certificate holder with one year experience. | | | | | (c) the candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by: Promotion/ transfer/ deputation, grades from which promotion/ deputation transfer to be made. | | Promotion from amongst confirmed Cts with 3 years experience as painter. | | | | | OR | | | | | ITI certificate in the trade with one year experience. | | 13. | If a DPC exists what is its composition. | | (i) Group 'C' DPC list B Technical, as provided in Rule 8 of the Delhi police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XVIII) | | | | 1. | Name of the post | | M.T. Helper (Constable) (Mechanical) | | 1. | Designation | | [M.T. Fitter Grade (II) (HC) (Painter)] [[Added vide. N. No. F 5/46/84 (H)(P)/Estt. dated 13.5.88.]] | | 2. | Number of posts | | 48 Posts. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4000 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates, for Ex-servicemen, as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) [ ITI certificate in the Trade Motor Mechanic or Apprenticeship Certificate in the trade of Mechanic (Motor vehicle).] [[Added vide N. No. F. 5/46/84/H(P) /Estt. dated 13.5.88.]] | | | | | (Preference will be given to ITI certificate holder in JFitter Motor Mechanic or Electrician or Upholster). | | | | | (c) The candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses, Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (Both eyes). | | 9. | Whether age and educational qualification prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By transfer failing which by direct recruitment. | | 12. | In case of recruitment by Promotion/transfer/deputation, grades from which promotion/deputation/transfer to be made. | | Transfer:From amongst constable of Delhi Police possessing qualifications prescribed for direct recruits, in column No. 8. | | 13. | If a DPC exists what is its composition | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XIX) | | | | 1. | Name of the post | | M.T. Storeman (Constable) | | 2. | Number of posts | | Two | | 3. | Classification | | Group 'C (Non-gazetted (Technical) | | 4. | Scale of pay | | Rs. 3050-75-3950-80-4590 | | 5. | Whether selection post or non selection post | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits | | Between 18 & 25 years, relaxable upto 30 years for. SC/ST and departmental candidate. For ex-servicemen as per GOI's instructions issued from time to time. | | 8. | Education and other qualification required for direct recruits. | | (a) Matriculate or equivalent. | | | | | (b) should have worked as a storemen of MT stores for atleast one year in any private workshop of repute/Govt. automobile workshop. | | | | | (c) The candidate should be of sound health free from disease defect or deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glass to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruit will apply in the case of promotees. | | Not applicable | | 10. | Period of probation, it any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percent age of the vacancies to be filled by various methods. | | By transfer, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/deputation/transfer to be made. | | Transfer-Form amongst constables of Delhi Police possessing the qualification prescribed for direct recruits in Col. No. 8. | | 13. | If a DPC exists what is its composition. | | Selection Boards as provided in rule 8 of these rules. | | 14. | Circumstances in which UPSC Is to be consulted in making recruitment. | | Not applicable. | | 17-A (XX) | | | | 1. | Name of the post | | M.T. Driver/Despatch Rider (Constable) | | 2. | Number of posts. | | 955 | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3050-75-3950-80-4590 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | Between 18 & 30 years, relaxable upto 36 years for SC /ST and departmental candidates. For ex-servicemen as per GOI instructions issued from time to time. | | 8. | Education and other qualifications required for direct recruits. | | (a) Matriculate or equivalent. | | | | | (b) Should be able to drive heavy vehicle with confidence. | | | | | (c) Current driving licence for Heavy/Light vehicles. | | | | | (d) Possesses knowledge of maintenance of vehicles. | | | | | (e) The candidate should be of sound health, free from disease, defect/deformity. | | | | | (f) Better eye 6/6 without glasses. Worse eye 6/12 without glasses. Free from colour blindness. No relaxation permissible. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any. | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By transfer and by direct recruitment | | Note-Volunteers shall be invited from amongst serving constables alongwith candidates from the open market and tested in driving maintenance of vehicles etc. | | 12. | In case of recruitment by promotion-transfer / deputation, grades from which promotion/ deputation transfer to be made. | | Transfer:From amongst Constable of Delhi Police possessing current driving licence for light and heavy vehicle. | | 13. | If a DPC exists what is its composition? | | Selection Board as Provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | | In the principal rule of Delhi Police (Aptt. & Rectt). Ruled 1980 after Rules 17-A (1) to 17-A (2) the following new rule 17(A) (21) to 17-A(46) shall be inserted vide N. No. F-5/46/84-(H) (P)/Estt. dated 16.5.88. | | 17-A (XXI) | | | | 1. | Name of the post | | Inspector, MT (Stores) | | 2. | No. of profits | | 1\* (One) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 6500-200-10500 | | 5. | Whether selection post or non-selection post. | | Non-Selection. | | 6. | Age limit for the direct recruits | | Not applicable. | | 7. | Whether benefit of added years of service admissible under the Rules 30 of the CCS (Pension) Rules, 1972. | | Not applicable. | | 8. | Educational & other qualifications required for direct recruits. | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of Promotees. | | Age: NoQualification: No. | | 10. | Period of probation, if any | | Not applicable. | | 11. | Method of rectt. whether by direct rectt. or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by transfer on deputation. | | 12. | In case of rectt. by promotion / deputation/ transfer grades from which promotion/ deputation/ transfer to be made. | | Promotion:From amongst confirmed MT Store Supervisor (SI) with 6 years in the rank. | | | | | Transfer on Deputation.From amongst serving Government servants in Central/ State/ UT/ Police Organisation/ Departments or Armed Forces- | | | | | (i) Holding analogous post, or | | | | | (ii) with 6 years service in the rank of SI or equivalent. (Having suitable background & experience of dealing with MT Stores). | | 13. | If a DPC exits, what is its composition. | | Group 'C' DPC (List 'F') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of DPC is as under- | | | | | Chairman- Commissioner of Police.Member-Two Addl. Cap (To be nominated by CP/Delhi). | | 14. | Circumstances in which U.P.S.C. is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXII) | | | | 1. | Name of post | | M.T. Fitter Grade I (ASI) (Electrician) | | 2. | No. of post | | 10\* (Ten) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) . | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post. | | (1) 'Non- selection' if the post is filled by promotion, and | | | | | (2) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-35 years relaxable upto 40 years for SC/ST & departmental candidates, for Ex- servicemen as per GOI's Orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes | | 8. | Educational & other qualifications required for direct recruits | | (a) Matriculation or equivalent. | | | | | (b) ITI certificate or Apprenticeship certificate holder in the trade of Auto Electrician with 3 years experience as Electrician in Automobile workshop or repute. | | | | | OR | | | | | Five years experience as Electrician in an Automobile workshop of repute. | | | | | (c) Valid driving licence for heavy vehicles. | | | | | (d) The candidate should be of should health, free from disease, defect & deformity. | | | | | (e) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualification: No 2 | | 10. | Period of probation, if any | | (Two years). | | 11. | Method of rectt. whether by direct rectt. or by promotion or by deputation/transfer % of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of rectt. by promotion/deputation/ transfer, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed MT Fitter Gr-II (ITd. Const. (Hd. Const), (Electrician) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition | | (1) Group 'C' DPC (List 'D') Technical) provided in Rule 8 of Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (2) Selection Board as provided in Rule 8 of these Rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-A (XXIII) | | | | 1. | Name of the post | | MT Fitter Grade-I (ASI) (Battery Chargeman) | | 2. | No. of post | | 1 \*(one) \*Subject to variation dependent on the sanction of new post by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000. | | 5. | Whether Selection post or on-selection post | | (1) 'Non- selection' if the post is filled by promotion, and | | | | | (2) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-35 years relaxable upto 40 years for SC/ST & departmental candidates. For Ex- servicemen, as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 8. | Educational & other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) Five experience of work relating to Battery charging in a Automatic Garage or Workshop of repute. | | | | | (c) Valid driving licence for heavy vehicles. | | | | | (d) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (e) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age & educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualification: No. | | 10. | Period of probation, if any | | 2 (Two years). | | 11. | Method of recruitment whether by direct rectt. or by promotion/or by deputation/ transfer & % of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of rectt. by promotion/deputation/ transfer, grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed MT Fitter Grade-II (Hd. Const). (Battery chargemen) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition? | | (1) Group 'C' DPC (List 'D') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. | | | | | (2) Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-A (XXIV) | | | | 1. | Name of the post | | M.T. Fitter Grade-I (ASI) (Turner). | | 2. | No. of post | | 1 \*(one) \*Subject to variation dependent on the sanction of new posts of GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or e non-selection post | | (1) 'Non selection' if the post is filled by promotion, and | | | | | (2) 'Not applicable when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits. | | Between 18-35 years, relaxable upto. 40 years for SC.ST & departmental candidates. For Ex-serviceman as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 8. | Educational & other qualifications required for direct recruits | | (a) Matriculation or equivalent. | | | | | (b) ITI or Apprenticeship Certificate in the trade of turner with 3 years experience in the trade of turner in a workshop of repute. | | | | | OR | | | | | 5 years experience as Turner in a workshop of repute. | | | | | (c) Valid driving licence for heavy vehicles. | | | | | (d) Candidates should have sound health free from disease, defect and deformity. | | | | | (e) better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age & educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age No.Qualification: No | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment whether by direct rectt. or by promotion or by deputation/transfer & % of the vacancies to be filled by various | | By promotion, failing which by direct recruitment. | | 12. | In case of rectt. by promotion/ deputation/transfer, grades from which promotion/deputation / transfer to be made | | Promotion from amongst confirmed MT Fitter Gr-II, (Head) , Constable (Turner) with 5 years in the grade. | | 13. | If a DPC exists what is its composition? | | (1) Group 'C' DPC (List 'D' Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. | | | | | (2) Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17A-(XXV) | | | | 1. | Name of post | | M.T. Fitter Grade-I (ASI) (Welder) | | 2. | No. of post | | 1 (One) \* (1987) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of Pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post. | | (1) 'Non- selection', if the post is filled by promotion, and | | | | | (2) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-35 years, relaxable upto 40 years for SC/ST & departmental candidates. For Ex-servicemen as per GOI orders issued from to time to time. | | 7. | Whether benefit of added years of service admission under Rule, 1972. | | Yes | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculate or equivalent. | | | | | (b) ITI or Apprenticeship Certificate in the trade of Welder with 3 years experience as Welder in a workshop of repute. | | | | | OR | | | | | 5 years experience, in the trade of welder in a workshop of repute. | | | | | (c) The candidate should be of sound health & free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses, Worse eye 6/36 corrected with glasses to 6/9 or 6/12 (without glasses) (Both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualification: No | | 10. | Period of probation, if any | | Two (2) Years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion / deputation / transfer, grades from which promotion/ deputation / transfer to be made. | | Promotion from amongst confirmed MT Fitter Grade-II Hd. Const. (Welder) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition? | | (1) Group 'C' PPC (List 'D' Technical) provided in Rule 8 of Delhi Police (Promotion and Confirmation) Rules, 1980. | | | | | (2) Selection Board as provided in Rule 8 of these in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable. | | 17-A (XXVI) | | | | 1. | Name of post | | M.T. Fitter Grade-I, ASI (Painter) . | | 2. | No of post | | 1 \*(One) \*Subject to'" variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post | | (1) 'Non- selection' if the post is filled by promotion, and | | | | | (2) 'Not applicable', when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-35 years relaxable upto 40 years; for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 etc. | | "Yes". | | 8. | Educational- and other qualifications required for direct recruits. | | (a) Matriculate or equivalent | | | | | (b) ITI or Apprenticeship certificate in the trade of Dent Beating and Spray painting with 3 years experience as painter in a workshop of repute. | | | | | OR | | | | | 5 years experience as Painter in a workshop of repute. | | | | | (c) Candidate should be of sound health,- free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: No.Qualification: No. | | 10. | Period of probation, if any | | (Two) 2 years. | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion failing which by direct recruitment. | | 12. | In case of recruitment by promotion/deputation/transfer, grades from which promotion / deputation / transfer to be made. | | Promotion from amongst confirmed MT Fitter, Grade-II (Hd. Constable) (Painter) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition. | | (1) Group 'C DPC (List 'D' Technical) provided in Rule 8 of Delhi Police (Promotion and Confirmation) Rules, 1980. | | | | | (2) Selection Board as provided in Rule 8 of these rules In case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXVII) | | | | 1. | Name of post | | M.T. Fitter Grade-I (ASI) (Upholster) | | 2. | No. of post | | 1 (One) \*Subject to variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | 5. | Whether selection post or non-selection post. | | (1) 'Non- selection' if the post is filled, by promotion, and | | | | | (2) 'Not applicable' when the post filled through direct recruitment's. | | 6. | Age limit for direct recruits. | | Between 18-25 years relaxable upto 40 years for SC /ST and departmental candidates, for Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | “Yes.” | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculate or equivalent. | | | | | (b) 5 years experience as Upholster in a workshop of repute. | | | | | (c) Candidate should be of sound health free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotes | | Age: NoQualification: No | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment whether by direct recruitment or. by promotion or by deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer, grades from which promotion/to be made. | | Promotion from amongst confirmed M.T. Fitter, Grade-II (Head Constable) Upholster with 5 years service in the grade. | | 13. | If the DPC exists, what is its composition. | | (1) Group 'C" DPC (List 'D') (Technical provided in Rule 8 of the Delhi Police (Promotion and Confirmation) Rules, 1980 in case of promotion. | | | | | (2) Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable | | 17-A (XXVIII) | | | | 1. | Name of post | | M.T. Fitter Grade-II (Head Constable) (Battery chargemen). | | 2. | No. of posts | | 5 (Five) Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post. | | (i) Non-selection, if the post if file by promotion, and | | | | | (ii) Not applicable,, when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits. | | Between 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years so service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes" | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) 3 years experience of work relating to Battery Charging in a Automobile Garrage or workshop of a repute. | | | | | (c) The candidates should be of sound health; free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for s direct recruits will apply in the case of promotees | | Age: No.Qualification: No. | | 10. | Period of probation, if-any | | (Two) 2 years | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion / deputation / transfer, grades from which promotion/deputation transfer to be made. | | Promotion from amongst confirmed M.T. Helper Constable (Battery chargemen) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition | | (1) Group 'C DPC (List 'B') (Technical) provided in Rule 8 of the Delhi Police (promotion and confirmation) Rules, 1980 in case of promotion | | | | | (2) Selection Board as provided in Second Rule 8 of these rules in case of direct recruitment | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable | | 17-A (XXIX) | | | | 1. | Name of post | | M.T. Fitter Grade-II (Head Constable) (Turner) | | 2. | No. of post | | 1 (One) \* Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post | | (i) Non-selection if the post is filled by promotion. | | | | | (ii) Not-applicable, when the p is filled by direct recruitment. | | 6. | Age limit for direct recruits. | | Between 18-30 years relaxable upto 35 years for SC/ST & departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) ITI or Apprenticeship Certificate in the Trade of Turner with one years experience. | | | | | OR | | | | | 3 years experience as a Turner in a Workshop of repute. | | | | | (c) Should be sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 correct with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: No.Qualification: No | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed MT Helper Constables (Turner) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition | | 1. Group 'C DPC (List 'B' Tech. (as provided in Rule 8 of the Delhi Police (Promotion and Confirmation) Rules, 1980. | | | | | 2. Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXX) | | | | 1. | Name of post | | M.T. fitter Grade-II (Head Constable) (Denter) . | | 2. | No. of post | | 5 (Five) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection | | (1) 'Non- selection' if the post is filled by promotion, and | | | | | (2) 'Not applicable', when the post is filled by direct recruitment. | | 6. | Age limit for direct recruitment | | Between 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits | | (a) Middle pass. | | | | | (b) ITI Certificate in the trade of Dent Beating and Spray painting with one year experience. | | | | | OR | | | | | 3 years experience in the trade in a workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eye). | | 9. | Whether age and educational qualification prescribed for direct recruits will apply in the case of promotees. | | Age: No.Qualification: No | | 10. | Period of probation, if any | | 2 (Two) years. | | 11. | Method of recruitment. Whether by direct rectt. or by promotion or by deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/deputation / transfer, grades from which promotion / deputation / transfer to be made | | Promotion from amongst confirmed MT Helper, Constable (Denter) with 5 years service in the grade. | | 13. | If a DCP exists, what is its composition | | (1) Group 'C' DPC (List 'B') (Technical) as provide in Rule 8 of the Delhi Police (Promotion and Confirmation Rules, 1980, in case of promotion | | | | | (2) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXI) | | | | 1. | Name of post | | M.T. Fitter-Grade-II Head Constable (Upholster) | | 2. | No. of post | | \*4(Four) \*Subject to variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post | | (1) 'Non- selection', if the post is filled by promotion, and | | | | | (2) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-35 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle, pass. | | | | | (b) 3years experience in the trade of Upholster in a Workshop of repute. | | | | | (c) Candidate should be of sound health, fee from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses, Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: No.Qualification: No. | | 10. | Period of probation, if any | | 2 (Two) years. | | 11. | Method of recruitment. Whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/deputation/ transfer, grades from which promotion/deputation/ transfer to be made. | | Promotion from amongst confirmed MT Helper, Constable (Upholster) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition. | | (1) Group 'C' DPC (List 'B' Technical) as provided in Rule 8 of the Delhi Police (Promotion and Confirmation) Rules, 1980, in case of promotion. | | | | | (2) Selection Board as provided in the Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable. | | 17-A (XXXII) | | | | 1. | Name of post | | M.T. Fitter Grade-II, Head Constable (Valcum/Tyremen). | | 2. | No. of post | | \*5 (Five) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) . | | 4. | Sales of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post | | (1) 'Non-selection/ if the post is filled by promotion, and | | | | | (2) 'Not applicable', when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits. | | Between 18-30 years, relaxable upto 35 years for SC/ST & departmental candidates. For Ex-servicemen as per GOI's order issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | "Yes". | | 8. | Education and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) ITI Certificate or Apprenticeship Certificate holder in the trade of Motor Mechanic having experience of valcum tyreman. | | | | | OR | | | | | 3 years experience in the trade of Valcum/Tyreman in a workshop of repute. | | | | | (c) The candidate should have sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualification: No | | 10. | Period of probation, if any. | | Two (2) years | | 11. | Method of recruitment. Whether by recruitment or by promotion or by deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer, grades from which promotion/deputation/transfer to be made. | | Promotion from amongst confirmed MT Helper, Constable (Valcum/ Tyreman) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition. | | (1) Group 'C' DPC (List 'B' Technical) as provided in Rule, 1980 in case of promotion. | | | | | (2) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXIII) | | | | 1. | Name of post | | M.T. Fitter Grade-II, Head Constable (Blacksmith) . | | 2. | No. of post | | \*Two (2) \*Subject to variation dependent on the sanction of hew posts by the GOI. | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non-selection post. | | (1) Non-selection/ if the post is filled by promotion, and | | | | | (2) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-30 years, relaxable upto 35 years for SC/ST and department a candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1979 | | "Yes". | | 8. | Educational and other qualifications required for direct recruits | | (a) Middle Pass. | | | | | (b) ITI Certificate of Apprenticeship Certificate in the trade of Blacksmith with one year experience | | | | | OR | | | | | 3 years experience in the trade of Blacksmith, in a workshop of repute. | | | | | (c) Candidate should be of sound health free from disease, defect and deformity | | | | | (d) Better eye 6/6 without glasses, Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualification: No | | 10. | Period of probation, if any. | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment, by promotion/deputation/transfer, grades from which promotion/deputation/ transfer to be made. | | Promotion from amongst confirmed MT Helper, Constable (Blacksmith) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition. | | (1) Group 'C DPC (List 'B') Technical) as provided in Rule 8 of the Delhi Police (Promotion and Confirmation) Rules, 1980, in case of promotion. | | | | | (2) Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXIV) | | | | 1. | Name of post | | M.T. Fitter Grade-II (Head Constable) (T.C. Smith). | | 2. | No. of post | | \*(One) \*Subject to variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-100-4900 | | 5. | Whether selection post or non-selection post | | (1) 'Not' selection', if the post is filled by promotion, and | | | | | (2) 'Not-applicable' when the post is filled through direct recruitment. | | 6. | Age limit for direct recruits | | Between 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For-servicemen as per GOI's order issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) ITI or Apprenticeship certificate in the trade of Sheet Metal Worker having knowledge of T.C. Smith. | | | | | OR | | | | | 3 years experience in the trade of T.C. Smith in a workshop of repute. | | | | | (c) The candidate should be of sound health, free from defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Age: NoQualifications: No. | | 10. | Period of probation, if any | | Two (2) Years. | | 11. | Method of recruitment, whether by direct deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer, grades from which promotion/deputation / transfer to be made. | | Promotion from amongst confirmed M.T. Helper, Constable (Door-Lock-smith) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition. | | (1) Group 'C' DPC (List 'B' Technical) as provided in Rule 8 of Delhi Police (Promotion and Confirmation) Rules, 1980 in case of promotion. | | | | | (2) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXVI) | | | | 1. | Name of post | | M.T. Helper Constable (Electrician) | | 2. | No. of post | | \*(Five) \*Subject to variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted' (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post ,or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates. for Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle Pass. | | | | | (b) ITI Certificate or Apprenticeship Certificate in the Trade of Auto Electrician. | | | | | OR | | | | | Minimum one year experience as Helper to Electrician in a Automobile Garrage/Workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses, (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By transfer, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer, grades, from which promotion/deputation/transfer to be made. | | Transfer:From amongst Constables of Delhi Police possessing the qualifications prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition? | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXVII) | | | | 1. | Name of post | | M.T. Helper, Constable (Battery Charge-man) | | 2. | No. of posts | | \*3 (Three) \*Subject to variation dependent or the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates. for Ex-servicemen as per GOI's order issued from time to time. | | 7. | Whether benefit of added years of service admissible under rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass | | | | | (b) Minimum one year experience as Helper to Battery chargemen in a Automobile Garrage/Work-shop of repute. | | | | | (c) The candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (Both eyes). | | 9. | Whether age, and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment. Whether by direct recruitment or by promotion or by deputation/ transfer and percentage of the vacancies to be filled by various methods | | By transfer, failing which by direct recruitment. | | 12. | In case, if recruitment by t promotion/ deputation/ transfer, grades from which promotion/ deputation/ transfer to be made. | | Transfer:From amongst Constables of Delhi Police possessing the qualifications prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition? | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXVIII) | | | | 1. | Name of post | | M.T. Helper, Constable (Welder) | | 2. | No. of post | | 4\* (Four) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle Pass. | | | | | (b) ITI or Apprenticeship certificate holder in the trade of Welder. | | | | | OR | | | | | Minimum one year experience as helper to Welder in. a Workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | 2 (Two) years | | 11. | Method of recruitment. Direct recruitment or whether by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By transfer failing which by direct recruitment. | | 12. | In case of recruitment by promotion/deputation/transfer grades from which promotion/deputation/ transfer to be made. | | Transfer:From amongst constables of Delhi Police possessing the qualification prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition? | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XXXIX) | | | | 1. | Name of post | | M.T. Helper, Constable (Painter) | | 2. | No. of post | | 2\* (Two) \*Subject to variation dependent on the sanction of new post by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits | | Between 18-25 years, relaxable upto 30 . years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the-CCS (Pension) Rules, 1972. | | 'YES". | | 8. | Educational and other qualification required for direct recruits | | (a) Middle Pass. | | | | | (b) ITI or Apprenticeship certificate holder in the trade of Dent-beating and Spray Painting. | | | | | OR | | | | | Minimum one year experience as helper to MT, Painter in a workshop of repute. | | | | | (c) Candidate should be of sound health free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 correct with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of Promotees. | | Not applicable | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Method of recruitment. Whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various method?. | | By transfer, failing which by direct recruitment. | | 12. | In case, of recruitment by promotion/ deputation/ transfer, grades from which promotion/ deputation/ transfer to be made. | | Transfer :From amongst constables of Delhi Police possessing the qualification prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition | | Selection Board as provided in Rule 8 of these Rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-A (XL) | | | | 1. | Name of post | | M.T. Helper, Constable (Valcum/Tyreman). | | 2. | No. of post | | 2\* (Two) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 , years, for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "YES". | | 8. | Educational and other qualifications required for direct recruits | | (a) Middle Pass. | | | | | (b) ITI Certificate holder in the trade of Denter Beating and spray painting. | | | | | OR | | | | | Minimum one year experience as helper to Denter in a Workshop of repute. | | | | | (c) Candidate should be of sound health free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of Promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two (2) Years. | | 11. | Method of recruitment. Whether by direct recruitment or by promotion or deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By transfer, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ deputation/ transfer, grades from which promotion/ deputation/ transfer to be made. | | Transfer:From amongst constables of Delhi Police, possessing the qualifications prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to. be consulted in making recruitment. | | Not applicable | | 17-A (XLIII) | | | | 1. | Name of post | | MT Helper, Constable (Blacksmith) | | 2. | No. of post | | 2\* (Two) \*Subject to Variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI-s orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | "Yes" | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle Pass. | | | | | (b) ITI or Apprenticeship certificate in the trade of Blacksmith. | | | | | OR | | | | | One year experience as Helps to Blacksmith in a workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of Promotees. | | Not applicable. | | 10. | Period of probation, if any. | | 2 (Two) years. | | 11. | Method of recruitment whether by direct rectt. or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By transfer, failing which by direct recruitment. | | 12. | In case of rectt. deputation/ transfer, grades from which promotion / deputation / transfer to be made. | | Transfer:From amongst Constables of Delhi Police possessing the qualifications prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition | | Selection Board as provided in Rule 8 of those rules. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-A (XLIV) | | | | 1. | Name of post | | M.T. Helper, Constable (Carpenter) . | | 2. | No. of post | | Two \*(2) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-400 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years from SC /ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | "Yes". | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle Pass. | | | | | (b) ITI or apprenticeship certificate holder in the trade of Carpenter. | | | | | OR | | | | | One year experience as helper to Carpenter in a Workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any. | | Two (2) years. | | 11. | Method of rectt. Whether by direct rectt. or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By transfer, failing which by direct recruitment. | | 12. | In case of rectt. by promotion/ deputation/transfer, grades from which promotion/ deputation/ transfer to be made. | | Transfer:From amongst constables of Delhi Police possessing the qualifications prescribed for direct recruit in column No. 8. | | 13. | If a DPC exists, what is its composition. | | Selection board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-A (XLV) | | | | 1. | Name of post | | M.T. Helper, Constable (T.C. Smith) | | 2. | No. of post | | 2 (Two) \*Subject to variation dependent on the sanction of new posts by the GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400. | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/ST & departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle Pass. | | | | | (b) ITI or Apprenticeship certificate in the trade of Sheet Metal Worker having knowledge of T.C. Smith | | | | | OR | | | | | One year experience as Helper to T.C. Smith in a workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye. 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12. without glasses (both eyes). | | 9. | Whether age & educational qualifications prescribed for direct recruits will apply in the case of promotees | | Not applicable. | | 10. | Period of probation, if any | | Two (2) years. | | 11. | Methods of rectt. whether by direct rectt. or by promotion/ or by deputation/transfer & % of the vacancies to be filled by various methods | | By transfer, failing which by rectt. | | 12. | In case of rectt. by promotion/ deputation/transfer grades from which promotion/deputation/transfer to be made. | | Transfer:From amongst constable of Police possessing the qualifications prescribed for direct recruits in column No. 8. | | 13. | If a DPC exists, what is its composition | | Selection Board as provided in Rule 8 of these Rules. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-A (XLVI) | | | | 1. | Name of post | | M.T. Helper Constable (Door Lock-smith) | | 2. | No. of post | | 2 \*(Two) \*Subject to variation dependent on the sanction of new posts by GOI. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400 | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/ST and departmental candidates. For ex-servicemen as per GOI's, orders issued from time to time. | | 7. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | Yes. | | 8. | Educational and other., qualifications required for direct recruits | | (a) Middle Pass: | | | | | (b) ITI or Apprenticeship certificate in the trade of Fitter having know-ledge of door lock-smith. | | | | | OR | | | | | One year experience as Helper to Door-look-smith in a workshop of repute. | | | | | (c) Candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better and 6/6 without glasses Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age & educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation if any | | Two (2) Years. | | 11. | Method of rectt. whether by direct rectt. or by promotion or by deputation/transfer & % of the vacancies to be filled by various methods. | | By transfer, failing which by direct rectt. | | 12. | In case of rectt. by promotion/ deputation/transfer grades from which promotion / deputation/ transfer to be made. | | Transfer:From amongst Constables of Delhi Police possession the qualifications prescribed for direct recruits in Column No. 8. | | 13. | If a DPC exists, what is its composition. | | Selection Board as provided in Rule 8 of these Rules. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | Annexure B ### 17B. Recruitment Rules for the posts of Communication Cadre of Delhi Police | | | | | --- | --- | --- | | [17-B(I) | | | | 1. | Number of the Post | | Inspector (Communication Operational). | | 2. | Number of Posts. | | Twelve. | | 3. | Classification | | Group 'C' (Non-Gazetted) Technical | | 4. | Scale of pay | | Rs. 6500-200-10500. | | 5. | Whether selection post or Non-selection-Post | | Non-Selection | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rule, 1972. | | No. | | 7. | Age limit for direct recruits. | | Not applicable. | | 8. | Educational and other qualifications required for direct recruits. | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Not applicable. | | 11. | Method of recruitment/ whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion. | | 12. | In case of recruitment by promotion/ transfer/ deputation/ grades from which promotion/ deputation transfer to be made | | Promotion from amongst confirmed Sub-Inspectors (Supervisor Operational) Grade-I with 6 years service in the grade. | | 13. | If a DPC exists, what is its composition | | Group 'C' D.P.C. (List 'F') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of D.C.P. is as under- Chairman - C.P. / Delhi. Member-Two Addl. C.P.A. (to be nominated by C.P. Delhi). | | 14. | Circumstances in which U.P.S.C. is to be consulted in making recruitment. | | Not applicable. | | 17-B(II) | | | | 1. | Name of Post | | Sub-Inspector (Supervisor) (Operational) (Communication) | | 2. | Number of Posts | | Twenty-None. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of Pay | | Rs. 5500-175-9000 | | 5. | Whether selection Posts or Non-selection post | | Non-Selection. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | No. | | 7. | Age limit for direct recruits. | | Not applicable. | | 8. | Educational and other qualifications required for direct recruits | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Not applicable. | | 11. | Method of recruitment/ whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed Asstt. Sub Inspector (W.O.) Grade-I with 6 years service in the Grade, failing, which: | | | From amongst confirmed Sub-Inspector (Wireless Opr.) Grade-II, with 8 years' service in the grade, subject to the condition that they shall pass the Grade-I Wireless Operator Course conducted/ approved by the DCPW, within a period of 3 years from the date of promotion, otherwise they shall be reverted to their substantive rank of Wireless Operator. | | | Note: ASI (Wireless Operator) Grade-II already promotion to the of S.I. (Supervisor) Operational shall pass the Grade-I Wireless Operator Course, within 3 years from the date of Notification of the rules, failing which they shall be reverted. | | 13. | If a DPC exists, what is its composition? | | Group 'C' D.P.C. (List 'E') (Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of the DPC is as under- | | | | | Chairman-One Addl. C.P. Members-Two DCs.P. (to be nominated by C.P. Delhi). | | 14. | Circumstances in which U.PS.C. is to be consulted in making recruitment | | Not applicable. | | 17-B (III) | | | | 1. | Name of the Post | | Wireless Operator (ASI/SI) | | 2. | Number of Posts | | 206. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5000-150-8000 | | | | | ASI till they draw their pay less than Rs. 1560 and S.I. as and when their pay reaches the stage of Rs. 1560). | | 5. | Whether Selection Post or Non-selection post. | | (i) 'Non-Selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable', when the post is filled up through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | 25-35 years, relaxable up to 40 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruitment's. | | (a) Matriculation or equivalent. | | | | | (b) Second class certificate of competency as Wireless Opr. issued by the Min. of Transport and Communications or having passed Grade-II Proficiency test of Wireless Operator Conducted/approved by the DCPW. | | | | | (c) 2 years practical experience in the actual operation of radio sets, preferably the VHF, in Civil Aviation, P & T Deptt., Rlys. or any govt, agency. | | | | | (d) The candidate should be of sound health, free from diseases, defect and deformity. | | | | | (e) Better eye 6/6 without glasses, Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (Both eyes). | | | | | Retention Test- Directly appointed Wireless Operator will have to pass a Retention Test within a period of 2 years from the date of appointment. They may take the test after 6 months of their service. Those who do not qualify in a maximum of three chances, at an interval of 6 months before the completion of 2 years, their service are liable to be terminated. | | 9. | Whether Age & educational qualification prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any | | 2 years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ transfer/ deputation and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation grades from which promotion/deputation and transfer to be made | | Promotion: From amongst confirmed H.Cs. (AWOs) TPOs. with 5 years service in the grade who have passed Gr-II proficiency Test for Wireless Operators conducted/approved by the dte. of Co- ordination Police Wireless. | | | | | OR | | | | | From amongst Telephone Exchange Operators with 5 years service in the Grade and having passed Grade-IIIrd and thereafter Grade-IInd Proficiency Test of Wireless Oprs. Course conducted/approved by D.C.P.W. Failing which from amongst confirmed H.Cs. (AWO/TPOs) and Telephone Exchange Operators having passed Grade-III Course, conducted by DCP/Comn. Delhi with 8 years service in the grade, subject to the condition that they shall pass Grade-II (Wireless Oprs.) Course conducted/approved by DCPW, within a period of 3 years from the date of promotion otherwise they shall be reverted to their substantive rank of Head Constable. | | | | | Note-Those who are Grade-III and already promoted to the rank of ASI (Wireless Operator), they shall pass the Grade-II course within 3 years from the date of notification of the rules, otherwise they shall be reverted to their substantive rank | | 13. | If a D.P.C. exists, what is its composition. | | (i) Group 'C' D.P.C. (List 'D') (Tech. as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. The composition of DPC is as under- | | | | | Chairman-One Addl. C.P. Members-Two DCsP. | | | | | (To be nominated by CP/Delhi). | | | | | (ii) Selection Board, as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (IV) | | | | 1. | Name of the Post | | Assistant Wireless Operator/ Tele-Printer Operator (H.C.) | | 2. | Number of Posts | | 1119 | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post. | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruitment | | Between 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-servicemen as per G.O. Is. orders issued from time to time. | | 8. | Educational & other Qualification required for direct recruits. | | (a) Matriculation or Equivalent. | | | | | (b) 2 years experience as Radio Key Board/Lines Operator in the Armed Forces, Govt. Tele-communication Deptt. (P&T), Civil Aviation, Rlys. Para Military Forces or recognised commercial organisation. | | | | | (c) Preference will be given to those having knowledge of English typing. | | | | | OR | | | | | Higher Secondary or 10+2 pass with Physics & Mathematics as subject upto 10th class and an English Typing speed of 30 w.p.m.' | | | | | (a) [ Relaxable for candidates belonging to Scheduled Caste/Scheduled Tribe upto 20 w.p.m. subject to the condition that they have to pass typing test with 30 w.p.m. speed within two years from the date of appointment in three chances of an interval of six months, failing which their services shall be liable for termination. [[Substituted vide Notification No. F. 5/36/89-Home (P) /Estt. dt. 22.8.89.]] | | | | | (b) They have to undergo 3 months wireless training in theory, practical & procedure including one month police trg. side by side conducted by the DCP/Comn. Delhi and pass within a period of 2 years, in 3 chances, failing which their service shall be liable to be terminated under CCS (Temporary Service) Rules, 1965. | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse Eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both Eyes).] | | 9. | Whether age & Educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment whether by direct recruitment or by promotion/transfer/ deputation or percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment, failing which by transfer on deputation. | | 12. | In case of recruitment by promotion / transfer/ deputation, grades from which promotion/deputation/transfer to be made | | Promotion: From amongst confirmed (Matriculate) Constables after passing VHF R.T. Courses Grade-III, conducted by the DCP/Communication and having 6 months experience as Radio Operator. | | | | | (Promotion will be made from amongst those whose names exists on promotion List 'B' (Technical) Transfer on Deputation: From amongst serving Govt, servants in any Central/State/UT Police Orgns./Deptt. or Armed Forces holding analogous post. | | 13. | If a DPC exists, hat is its composition? | | (i) Group 'C DPC (List 'B') (Tech.) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. The composition of DPC is as under. | | | | | Chairman: One Addl. C.P. | | | | | Members: Two DCsP | | | | | (To be nominated by C.P. Delhi). | | | | | (ii) Selection Board as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (V) | | | | 1. | Name of the post | | Inspector (Comn.) (Technical) . | | 2. | Number of posts. | | Nine. | | 3. | Classification | | Group 'C' (Non-Gazetted) Tech.) | | 4. | Scale of Pay | | Rs. 6500-200-10500 | | 5. | Whether selection post or non-selection post. | | Non-selection. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | No. | | 7. | Age limit for direct recruits. | | Not applicable | | 8. | Educational & other qualifications required for direct recruits. | | Not applicable | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable | | 10. | Period of probation, if any. | | Not applicable | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion. | | 12. | In case of recruitment by promotion/ transferred/ deputation, grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed Sub-Inspector (Supvr) . Technical/Supervisor (Stores) with 6 years service in the grade. | | 13. | In a DPC exists, what is its composition? | | Group 'C' DPC (List 'F') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of DPC is as under: | | | | | Chairman: C.P. Delhi. | | | | | Members: Two Addl. C.P. | | | | | (To be nominated by C.P. Delhi). | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (VI) | | | | 1. | Name of the post | | Sub-Inspector (Supervisor) (Technical) | | 2. | Number of posts | | Twenty. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5500-175-9000 | | 5. | Whether selection post or non-selection post. | | Non-selection. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | No | | 7. | Age limit for direct recruits. | | Not applicable. | | 8. | Educational and other qualifications required for direct recruits. | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotee. | | Not applicable. | | 10. | Period of probation, if any. | | Not applicable. | | 11. | Method of recruitment whether by direct recruitment or by promotion/ deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion. | | 12. | In case of recruitment of by promotion/ transfer/ deputation grades from which promotion/deputation/transfer to be made | | Promotion:From amongst confirmed Asst. Sub-Insprs. Radio Tech. having pass grade-I Courses, with 6 years service in the grade, failing which from amongst confirmed A.S.Is. (Radio Technicians) Grade-II, with 8 years service in the grade, subject to the condition that they shall pass the Grade-I (Radio Tech.) Course, conducted approved by the DGPW. Within a period of 3 years from the date of promotion, otherwise they shall be reverted to their substantive rank of A.S.I. (Radio Technician). | | | | | Note: ASI. (Radio Technician) Grade-II already promoted to the post of S.I. (Supervisor Technical) shall pass the Grade-I (Radio Technician) Course, within 3 years from the date of notification of the rules, failing which they shall be reverted. | | 13. | If a DPC exists, what is its composition | | Group 'C' (List 'E') (Technical as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980. The composition of the DPC is as under: | | | | | Chairman-One Addl. C.P. Members-Two DCsP. | | | | | (To be nominated by CP/Delhi). | | 14. | Circumstances in which USC is to be consulted in making recruitment. | | Not applicable. | | 17-B (VII) | | | | 1. | Name of the post | | Radio Technician (ASI/SI). | | 2. | No. of posts | | 131 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5000-150-8000 | | | | | A.S.I. till they draw their pay less than Rs. 1560 and S.I. as and when their pay reaches at the stage of Rs. 1580 | | 5. | Whether selection post or non-selection post | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) Not applicable, when tire post is filled through direct recruitment. | | 6. | Whether benefit of added Yrs. of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | Yes. | | 7. | Age limit for direct recruitment | | Between 20-35 years, relaxable upto 40 years for SC/ST and departmental candidates and for Ex-Servicemen, as per G.O.Is. instructions issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or 10th of 10+2 | | | | | (b) Diploma in Radio Technology/ Electronics /Tele-Communication issued by a recognised Institute. | | | | | OR | | | | | Having passed Gr-II proficiency Test of Radio Techn. Conducted/ approved by DCPW with 3 years practical experience in the Armed Forces/ Govt. Deptt. or in any other commercial Communication Organisations (Recognised) . | | | | | OR | | | | | Two years certificate course passed from ITI in the subject of Radio/ Electronic/ Telecommunication, having atleast 5 years practical, experience in the Armed Forces/ Govt. Deptt. or in any other commercial Communication orgn. (Recognised) . | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glass or 6/9 or 6/12 without glasses (both eyes). | | | | | (e) Directly recruited Radio Technician will be required to pass a 'Retention Test' within a period of 2 years from the date of appointment. They may take the test after 6 months service. Those who do not qualify in a maximum of 3 chances, at an interval of 6 months within a period of 2 years, are liable to termination of their services. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer/ deputation grades from which promotion/ deputation / transfer to be made. | | Promotion from amongst workshop assistants having promoted from the cadre of Fitter Electrician, Fitter Engine, Fitter Bty., with BRT Course conducted by DCPW, New Delhi. | | | | | OR | | | | | From amongst confirmed Fitter Battery (Head Const.) Fitter Engine (HC) & Fitter Electn. (HC) with 5 years service in the grade and having passed BRT Course conducted b DCPW and Mast Lasker (HC) and Draftsman (HC) with 5 years service in the grade and having passed, BRT Course from DCPW, New Delhi. | | 13. | If a DPC exists, what is its composition? | | (i) Group 'C' DPC (List 'D') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980, in case of promotion. The composition of DPC is as under- | | | | | Chairman-One Addl. C.P. Member-Two DCsP. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making rectt. | | Not applicable. | | 17-B (VIII) | | | | 1. | Name of the post | | Workshop Assistant (ASI/SI) | | 2. | Number of posts | | 26 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | | | | (ASI till they draw pay less than Rs. 1560 and S.I. when their pay reaches the stage of Rs. 1560). | | 5. | Whether selection post or non-selection post. | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits | | Between 25-35 years, relaxable upto 40 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) Fitter's certificate from recognised Institute. | | | | | (c) Ability to operate lathe and Mechanical tools for manufacture and working of parts of workshop equipments, and fittings of machines equipment and fittings of machines. | | | | | (d) Five years workshop experience in at least 2 of the following fields- | | | | | (i) Carpentary | | | | | (ii) Lathe working. | | | | | (iii) Electrical wiring, soldering etc. | | | | | (iv) Internal combustion engines & (u) Fittings plumbing. | | | | | (vi) Tracing. | | | | | (vii) Draftsman work. | | | | | (e) The candidates should be of sound health, free from disease, defect or deformity. | | | | | (f) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation grades from which promotion/ deputation/ transfer to be made. | | From amongst confirmed Fitter Electrician (HC) Fitter battery (HC) Fitter Engine (HC) Draftsman (HC) Mast Lasker (HC), Carpenter (HC) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition? | | (i) Group 'C DPC (List D) (Technical) as provided in Rule 8 of the Delhi Police (Promotion & Conformation) Rules, 1980, in case of promotion. The composition of the DPC is as under- | | | | | Chairman-One Addl. C.P. Members-DCsP. | | | | | (To be nominated by C.P. Delhi). | | | | | (ii) Selection Board, as provided in Rule 8 of these rules in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XI) | | | | 1. | Name of the post | | Fitter (Battery) (Head Constable) | | 2. | No. of posts | | 17 | | 3. | Classification | | Group 'C (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900 | | 5. | Whether selection post or non-selection post. | | (i) Non-selection if the post is filled by promotion, and | | | | | (ii) "Not applicable", when the post is filled through direct recruitment | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972 | | Yes | | 7. | Age limit for direct. | | Between 25-35 years, relaxable upto 40 years for SC/ST and departmental candidates, and for Ex- servicemen, as per G.O.I's. orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruitment's. | | (a) Matriculation or equivalent. | | | | | (b) Fitter (Battery Charger) Diploma/certificate of a recognised Institute, with at least, one year practical experience in case of diploma holders and 2 years experience for certificate holders. | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses, worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion | | 12. | In case of recruitment by promotion/ transfer / deputation grades from which promotion / deputation / transfer to be made. | | Promotion from amongst confirmed workshop Head Const, with 5 years service in the grade. | | 13. | If a DPC exits, what is its composition. | | (i) Group 'C' DPC (List 'B' (Technical) as provided in Rule 8 of the Delhi Police, Promotion & Confirmation Rules, 1980, in case of promotion. The composition of the DPC is as under- | | | | | Chairman-One Addl. C.P. Members-Two DCsP. | | | | | To be nominated by CP/Delhi | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which U.P.S.C is to be consulted in making recruitment. | | Not applicable. | | 17-B (X) | | | | 1. | Name of the post | | Fitter (Engine) (Head Constable). | | 2. | No. of posts | | 1 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non-selection post | | (i) Non-selection when the post is filled by promotion, and | | | | | (ii) 'Not applicable' when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruitment | | Between 25-35 years, relaxable upto 40 yrs. for SC/ST and departmental candidates, for Ex-servicemen as per GOI's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruitment | | (a) Matriculation or equivalent. | | | | | (b) Fitter's Diploma from any Govt, recognised Technical Institute, with one year practical experience. | | | | | OR | | | | | Certificate from a Govt, technical Institute with 2 years practical experience in the maintenance/ Charging of Engine and Generator. | | | | | (c) The candidate should be of sound health free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruitment's will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment-whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/transfer/deputation grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed Workshop Head (Constable) with 5 years service in the grade. | | 13. | If a DPC exists, what is its composition? | | (i) Group 'C' DPC (List 'B' Technical) as provided in rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XI) | | | | 1. | Name of the post | | Fitter Electrician (Head Constable) | | 2. | Number of posts | | 24 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non-selection post. | | (i) 'Non-selection' if the post is filled by promotion, and | | | | | (ii) 'Not applicable' if the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | Between 25-35 years, relaxable upto 40 years for SC/ST and departmental candidates. For Ex-servicemen as per Govt, of India's order issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | OR | | | | | Grade II Electrician from any Govt, department, with minimum 2 years practical experience. | | | | | (c) The candidate should be of sound health free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | 10. | Period of probation, if any | | Two years | | 11. | Method of recruitment whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled b various methods. | | By promotion failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/ deputation or transfer to be made. | | Promotion from amongst confirmed Workshop Head (Constables) with 5 yrs. experience in the grade. | | 13. | If a DPC exists what is its composition? | | (i) Group 'C' DPC (List 'B') (Technical) as provided in Rule 8 of the Delhi Police promotion and confirmation Rules, 1980.The composition of DPC is as under- | | | | | Chairman-One Addl. C.P. Members-Two DCsP | | | | | (To be nominated by C.P. Delhi). | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B(XII) | | | | 1. | Name of the post | | Draftsman (Head Constable) (Tracer) | | 2. | Number of post | | One | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 32000-85-4900. | | 5. | Whether selection post or non-selection-post | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972? | | No | | 7. | Age limit for direct recruits. | | Between 18-25 years, relaxable upto 30 years for SC/STs and departmental candidates. for Ex-servicemen, as per GOI's orders issued from time to time | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) Draftsman diploma from a recognised Institution. | | | | | (c) The candidates should for sound health free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees | | Not applicable. | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment, whether by direct, recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/ deputation transfer to be made. | | Not applicable. | | 13. | If a DPC exists, what is its composition. | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XIII) | | | | 1. | Name of the post | | Mask Lasker (Head Constable). | | 2. | Number of posts | | Two | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non selection post or non-selection post. | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits | | Between 25-35 years, relaxable upto 40 yrs. for SC/STs and departmental candidates, for Ex-servicemen, as per GOI Orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Middle pass. | | | | | (b) Minimum 2 yrs. experience in the assembly or erection, repair & painting of high steel structures. | | | | | (c) The candidate should have good physique and trg. and capacity to climb high masts, carry out erection/repair work etc. | | | | | (d) Mechanical sense in respect of assembly and installation of mast. | | | | | (e) Sufficient knowledge about handling of mast installation and erection etc. | | | | | (f) Knowledge of alignment procedure determination and adjustment of guy tension. | | | | | (g) The candidate should be of sound-health, free from disease, defect or deformity. | | | | | (h) Better eye 6/6 without glasses, Worse eye 6/-36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruitment will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two years | | 11. | Method of recruitment whether by direct recruitment or by promotion/ deputation/ transfer and percentage of vacancies to be filled by various methods. | | By direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/ deputation/ transfer to be made. | | Not applicable. | | 13. | If a DPC exists what is its composition | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XIV) | | | | 1. | Name of the post | | Telephone Exchange Operator (Head Constable.) | | 2. | Number of posts | | 17 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non-selection post | | (i) Non-selection, is the post if filled by promotion, and Not applicable, when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | No. | | 7. | Age limit for direct recruits | | Between 18-25 years, relaxable upto 30 years for SC/STs and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruits | | (a) Matriculate. | | | | | (b) Certificate holder of P & T Departmental having passed Telephone Exchange Operators Course. | | | | | OR | | | | | At least 2 yrs. practical experience on 50/100 lines PBX/PABX Boards. | | | | | (c) The candidates should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/38 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruitment's will apply in the case of promotees. | | No. | | 10. | Period of probation, if any. | | Two years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ deputation/ transfer and percentage of the vacancies to be filled by various methods. | | By promotion failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation grades from which promotion/ deputation / transfer to be made. | | Promotion from amongst confirmed Constable,s with 5 years' service/ experience on 50/100 lines PBX/PABX Board as on Operator. | | 13. | If a DPC exists, what is its composition. | | (i) Group 'C' DPC (List 'B' Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980, in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XV) | | | | 1. | Name of the post | | Workshop Head (Constable) | | 2. | No. of posts | | 10 | | 3. | Classification | | Group 'C (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 2750-70-3800-75-4400. | | 5. | Whether selection post or non-selection post | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Not applicable. | | 7. | Age limit for direct recruits. | | Not applicable. | | 8. | Educational and other qualifications required for direct recruits. | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any. | | Not applicable. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By transfer. | | 12. | In case of recruitment by promotion/ transfer/ deputation grades from which promotion/ deputation/ transfer to be made | | From amongst Matriculate Constables of Delhi Police Deptt. | | 13. | If a DPC exists, what is its composition. | | Not applicable. | | 14. | Circumstances in which UPSC i to be consulted in making recruitment. | | Not applicable. | | 17-B (XVI) | | | | 1. | Name of the post. | | Supervisor (Stores) (Sub-Inspector) | | 2. | Number of posts | | Four. | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 5500-175-9000. | | 5. | Whether selection post or non-selection post. | | Non-selection. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Not applicable. | | 7. | Age limit for direct recruits. | | Not applicable. | | 8. | Educational and other qualifications required for direct recruits. | | Not applicable. | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Not applicable. | | 11. | Method of recruitment, whether by direct recruitment or by promotion/ transfer/ deputation and percentage of the vacancies to be filled by various methods. | | Not applicable. | | 12. | In case of recruitment by promotion / transferred / deputation, grades from which promotion/deputation transfer. | | Promotion from amongst confirmed Storeman (Tech) . (A.S.I.) with 6 yrs. service in the grade. | | 13. | If a DPC exists, what is its composition. | | Group 'C' DPC (List 'E') (Technical) provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980.The composition of DPC is as under- | | | | | Chairman-One Addl. C.P. | | | | | Members-Two DCsP | | | | | (To be nominated by CP/Delhi) | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable. | | 17-B (XVII) | | | | 1. | Name of the post | | Storeman (Technical) (ASI) | | 2. | Number of posts | | 17 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 4000-100-6000 | | | | | (ASI till they draw their pay less than Rs. 1560 and SI as and when their, pay reaches at the stages of Rs. 1560) | | 5. | Whether selection post or non-selection post | | (i) Non-selection post, if the post is filled by promotion, and | | | | | (ii) Not-applicable when the post is filled through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruitment's. | | Between 25-35 yrs. relaxable upto 40 yrs. for SC/STs and deptt. candidates For Ex-serviceman as per GOI's orders issued from the time time. | | 8. | Educational and other qualifications required for direct recruitments. | | (a) Matriculation or equivalent. | | | | | (b) 5 years practical experience in indenting, accounting, storage and issue of Radio Stores of all types. | | | | | (c) The candidate should be of sound health, free from disease, defect and deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 636 corrected with glasses to - 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruitment will apply in the case of promotees. | | No | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment whether by direct recruitment or by promotion/deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer-deputation, grades from which promotion transfer/ deputation to be made. | | Promotion from amongst confirmed Store Clerk (HC) with 5 years service in the grade. | | 13. | If a DPC exists what is its composition | | (i) Group 'C' DPC (List 'D') (Technical) as provided in Rule 8 of the Delhi Rule Police (Promotion & Confirmation) Rules, 1980, in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules, in case of direct recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XVIII) | | | | 1. | Name of the post | | Store-Clerk (Head Constable) | | 2. | Name of Posts | | 26 | | 3. | Classification | | Group 'C' (Non-gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non-selection post. | | Not applicable. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes | | 7. | Age limit for direct recruits. | | Between 20-35 years relaxable upto 40 years for SC/ST and departmental candidates. For Ex-servicemen as per GOI's orders issued from time to time. | | 8. | Educational and other qualifications required for direct recruits. | | (a) Matriculation or equivalent. | | | | | (b) Minimum 2 years experience in accounting and indenting radio spare parts. | | | | | (c) Should preferably be able to type @ 25 words per minute in English typewriting. | | | | | (d) The candidate should be of sound, health, free from disease, defect or deformity. | | | | | (e) Better, eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two years. | | 11. | Method of recruitment, whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various methods. | | By direct recruitment | | 12. | In case of recruitment by promotion / transfer / deputation, grades from which promotion / transfer / deputation to be made. | | Not applicable. | | 13. | If a DPC exists, what is its composition. | | Selection Board as provided in Rule 8 of these rules. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment. | | Not applicable. | | 17-B (XIX) | | | | 1. | Name of the post | | Head Const. (Carpenter) (Communication). | | 2. | Number of posts | | One. | | 3. | Classification | | Group 'C' (Non-Gazetted) (Technical) | | 4. | Scale of pay | | Rs. 3200-85-4900. | | 5. | Whether selection post or non-selection post. | | (i) Non-selection, if the post is filled by promotion, and | | | | | (ii) Not applicable, when the post is filed through direct recruitment. | | 6. | Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972. | | Yes. | | 7. | Age limit for direct recruits. | | 18-30 years, relaxable upto 35 years for SC/ST and departmental candidates. For Ex-serviceman as per GOI's order issued from time to time. | | 8. | Educational and other qualification required for direct recruits. | | (a) Middle pass. | | | | | (b) Three years experience in the trade | | | | | OR | | | | | ITI Certificate holder with one year experience. | | | | | (c) The candidate should be of sound health, free from disease, defect or deformity. | | | | | (d) Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | | 9. | Whether age and edu. qualifications prescribed for direct recruits will apply in case of promotees. | | Not applicable. | | 10. | Period of probation, if any | | Two years. | | 11. | Methods of recruitment whether by direct recruitment or by promotion or by deputation/ transfer & percentage of the vacancies to be filled by various method. | | By promotion, failing which by direct recruitment. | | 12. | In case of recruitment by promotion/ transfer/ deputation, grades from which promotion/ deputation/ transfer to be made. | | Promotion from amongst confirmed constable of Delhi Police with 3 years experience as carpenter or ITI certificate in the trade with 1 year experience. | | 13. | If a DPC exists, what is its composition. | | (i) Group 'C' DPC (List-B) (Technical) as provided in Rule 8 of the Delhi Police (Promotion & Confirmation) Rules, 1980 in case of promotion. | | | | | (ii) Selection Board as provided in Rule 8 of these rules in case of direct-recruitment. | | 14. | Circumstances in which UPSC is to be consulted in making recruitment | | Not applicable.] | [Substituted by Notification No. F5/46/84 Home (P) Estt, dated 31-7-1986.] ### 18. Recruitment to the Post of Junior Research Officer/ Draftsman. - Selection of candidates for appointment for the post of Junior Research Officers, draftsman, etc. shall be made through Employment Exchange subject to usual reservations for Scheduled Caste/Scheduled Tribes and other Categories as prescribed by Government from time to time. In case candidates of requisite qualifications cannot be found from employment Exchange, the vacancies shall be advertised cannot be found from employment Exchange, the vacancies shall be advertised and selection made by a Departmental Selection Committee to be constituted by the Commissioner of Police under Rule 8 of these Rules. The candidates selected by the Selection Board shall be appointed temporarily on probation for two years as in Rule 5(e) after they been declared medically fit and their character antecedents have been verified as good. Age, qualifications etc. for these posts shall be as under- | | | --- | | (I) Junior Research Officer (Inspector) | | 1. | Age on date of appointment | Upto 35 years: relaxable upto 40 years | | | | (i) In case of Scheduled Caste/Scheduled Tribes. | | | | (ii) for departmental candidates and other Government servants. | | 2. | Qualification | (a) Master's degree in statistics, Mathematical Statistics or equivalent degree in Maths, Economics, Commerce, Physics, Sociology or Criminology with at least one subject on General Statistics from a recognised University. | | | | (b) 3 years' experience in research involving collection, compilation, analysis and interpretation of statistical data. | | | | (c) Desirable: (i) 2 years post-graduate diploma in Statistics from a recognised University or equivalent except in the case of person with Master's degree in Statistics, Mathematical Statistics, | | | | (ii) Experience in electronics date processing and analyst of crime, criminal statistics will be preferred. | | 3. | Health | The candidate should be of sound health free from disease/ defect/debility. | | 4. | General Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes) | | 5. [ [[Added by Notification No. F-10-14-81 H(P) /Estt. dated 30.6.1981.]] | whether age and qualifications prescribed for the direct recruitments will apply in cases of promotion | Age-No. Qualifications-yes] | | 6. | Method of recruitment whether by promotion or by direct recruitment or by deputation/ transfer. | By promotion failing which by transfer/deputation/failing which by direct recruitment. | | 7. | In case of transfer/promotion / deputation, grade from which transfer/promotion / deputation to be made | (i) Promotion shall be made from SI (statistician) having a university degree in Science, Maths, Arts, Commerce/Economics and Psychology. | | | | (ii) Transfer/Deputation shall be from the person serving in equivalent grade or in the grades of Rs. 435-600 or Rs. 425-700 or Statistical Assistant/Statistician in Delhi Admn. Govt, of India. | | (II) DRAFTSMAN (SUB-INSPECTOR) | | 1. | Age on the date of appointment | 18 to 25 years. Relaxable upto 30 years. | | | | (i) in case of Scheduled Caste/Scheduled Tribes. | | | | (ii) for departmental candidates and other government servants. | | 2. | Qualification | (a) Higher secondary or equivalent. | | | | (b) Diploma in Draftsman course from a recognised Institution. | | 3. | Health | The candidate should be of sound health, free from disease/defect debility. | | 4. | General/Physical Standard | Better eye 6/6 without glasses. Worse eye 6/36 corrected with glasses to 6/9 or 6/12 without glasses (both eyes). | ### 18A. (i) Recruitment to the posts of Senior Accident Service Technician | | | | | | --- | --- | --- | --- | | 1. | Name of the post | | Senior Accident Service Technician. | | 2. | No. of posts | | 36 | | 3. | Classification and rank | | Group (C) A.S.I.[till completion of 3 years regular service in the grade and post of ground (C) (SI) thereafter.] [[Added by Notification No. F-10/46/83- H(P) /Estt. dated 12.6.1985.]] | | 4. | Scale of pay | | Rs. 380-12-500 EB-15-560 | | 5. | Whether selection post or non-selection post. | | Selection | | 6. | Age limit for direct recruitment | | 21 to 30 years (Relaxable for Govt. servants) | | 7. | Education & other qualifications required for direct recruit. | | 21 to 30 years (Relaxable fox Govt. servants). | | (i) Matriculation/Higher Secondary with Science. | | (ii) 3-5 years' experience in maintenance of cardiopulmonary function of resuscitation machine Administration of I.V. Fluids. | | 8. | Whether age and educational qualification prescribed for the direct recruits will apply in the case of promotion | | Educational Qualification-'Yes' Age-'No' | | 9. | Period of probation, if any | | 2 years for direct recruits. | | 10. | Method of recruitment whether by direct or by promotion or deputation or transferred and percentage of vacancies to be filled by various methods. | | By transfer/promotion failing which by the direct recruitment. | | 11. | In case of recruitment by promotion/ deputation/transfer to be made | | Transfer-A.S.Is. of Delhi Police who are Metric/Hr. Secondary with science subject. | | Promotion- (i) Accident Service Technicians in the scale of Rs. 260-350 with 2 years regular service in the grade(ii) Head constables of Delhi Police who are Metric/Hr. Secondary with Science subject with 2. years regular service in the grade. | | 12. | If a D.P.C. exists, what is its composition | | Group 'C' D.P.C. | | 13. | Circumstances under which UPSC is to be consulted in making recruitment. | | N.A. | (ii) Recruitment to the posts of Accident Service Technician | | | | | | --- | --- | --- | --- | | 1. | Name of the post | | Accident Service Technician. | | 2. | No. of posts | | 36 | | 3. | Classification and rank | | Group 'C' (Head Constable) | | 4. | Scale of pay | | Rs. 260-6-326-EB-8-350. | | 5. | Whether selection post or non-selection post | | Selection | | 6. | Age limit for direct recruitment | | 18-25 years (Relaxable) for Government servants | | 7. | Educational & other qualifications required for direct recruits. | | (i) Metric/Higher Secondary with science. | | (ii) 2 years experience in first aid and resuscitation measures e.g. control of bleeding, maintenance of Cardiopulmonary function, etc. | | 8. | Whether age and educational qualifications prescribed for the direct recruits will apply in the case of promotion | | Education Qualification-Yes. Age-No. | | 9. | Period of probation, if any | | 2 years for direct recruits. | | 10. | Method of recruitment whether by direct or by promotion or deputation/transfer and percentage of vacancies to be filled by various methods. | | By transfer/promotion failing which by direct recruitment. | | 11. | In case of recruitment by promotion/ deputation/ transfer grades from which promotion /deputation/transfer to be made. | | Transfer: Head Constable of Delhi Police who are Matric/Higher Secondary with science. | | Promotion: Constables of Delhi Police who are Matric/Higher Secondary with science subjects. | | 12. | If a D.P.C. exists, what is its composition | | Group 'C' D.P.C. | | 13. | Circumstances under .which U.P.S.C. is to be consulted in making recruitment. | | N.A. | Note-1. For first 3 years, the enrolled police personnel of Delhi Police duly trained in the L.N.J.P. Hospital for period of eight weeks in the operation of Cardio respiratory resuscitation techniques will be eligible. ### 2. Police personnel appointed to these posts will be eligible for transfer to their cadre before confirmation but for earning promotion in the cadre they shall have to pass the prescribed courses or get their names admitted to respective promotion lists. ### 3. The qualifications regarding experience is relaxable at the discretion of the competent authority in the case of candidates belonging to SC/STs, if any, stage of selection the competent authority is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them. ### 4. Age limit prescribed for direct recruitment is also relaxable for SC/ST Candidates and other special category of persons as is admissible under the Govt, of India's instructions issued from time to time. ### 19. Appointment of Trakers. - 1. Professional trakers may be recruited as constable upto the age of 35 years. The height standard prescribed for constables shall not be obligatory in the case of trakers but they should be of sound health, good character and medically fit. Men enlisted as trakers shall not be promoted or transferred for general police duties unless they are thoroughly qualified for such duties. (2) Professional trakers shall ordinarily be employed entirely as such and should receive only elementary training if drill, musk entry or general duties of a police officer. ### 20. Appointment of Bandsmen. (1) Bandsmen and buglars shall be enlisted centrally in the rank of constable by the DCP/Lines by notifying the vacancies to Employment Exchange, neighbouring Stales, local Soldiers Board. Reservations shall be made for Scheduled Castes/Scheduled Tribes and Ex-servicemen as per Government of India orders issued from time to time. No applicant shall be accepted as a' candidate for appointment unless he has been certified physically fit for police service. The candidates must possess age and other standards as prescribed in Rule 9 of these Rules. Selection shall be made by a board of officer consisting of Dy-Commissioner of Police, as President, Asstt. Commissioner of Police and Inspector (Band) as members to be nominated by Commissioner of Police. The Board shall actually test the candidates in playing of band instrument/bugles and ensure that they are really proficient, before approving them for appointment. ### 2. Selected bandsmen/buglars shall receive training in P.T. and parade along with other recruits. They shall also be imparted training in elementary law and procedure. In addition they shall practice instruments under the Band Master of Brass Band, Pipe Bands, for a period of 3 months each, by rotation. ### 20A. (i) Recruitment to the Post of ASI (Finger Print Bureau) | | | | | | --- | --- | --- | --- | | (1) | Name of the Post | | ASI (Finger Print Bureau) (Tech.) | | (2) | No. of posts | | 20 | | (3) | Classification | | Group 'C' post, non-gazetted (Tech.). | | (4) | Scale of pay | | Rs. 330-8-370-10-400-EB-10-480. | | (5) | Whether Selection post or non-selection post | | Non-selection post. | | (6) | Whether benefit of added years of service admissible under rule 30 of CCS (Pension) Rules, 1972. | | Not applicable. | | (7) | Age limit for direct recruitment | | Between 18-25 years, relaxable by 5 years for SC/ST, Ex-service-men as per GOI's instructions issued from time to time. No age bar for serving Govt, servant. | | (8) | Educational & other qualifications required for direct recruits | | Graduate in Science with Physics or Chemistry or Maths or Zoology or Anthpropology. | | | | | Or | | | | | Hr. Secondary with Science/Maths and having served for 3 years any Finger Print Bureau. | | | | | Or | | | | | C.F.S.L. or F.S.L. dealing with Finger Print Science or Single Digit Selection of C.R.O. | | | | | Or | | | | | Serving Hd-Constables of Single digit Section of finger Print Bureau with at least 5 years service in the grade & 2 years experience of the trade. | | (9) | Whether Age & Educational qualifications prescribed for the direct recruits will apply in the case of promotion. | | No. | | (10) | Period of probation, if any | | Two years. | | (11) | Method of recruitment whether by direct recruitment or b promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By direct recruitment/Deputation. | | (12) | In case of recruitment by promotion/transfer on deputation, grades from which promotion/deputation/transfer to be made. | | Deputation: From serving serving ASIs. or HCs with five years service in the grade or equivalent pay scale posts in any State/Finger Print Bureau/C/F.S.L./F.S.L. | | (13) | If a D.P.C. exists what is its composition | | Group 'C' D.P.C. | | | | | 1. Addl. C.P.-Chairman. | | | | | 2. Two DCP-Member.(To be nominated’by the CP Delhi). | | | | | 3. To Finger Print Expert Member of the Status of DCP shall be co-opted as ex-officio member from any of the State Finger Print Bureau of from C.F.S.L. | | (14) | Circumstances under which UPSC is to be consulted in making recruitment. | | N.A. | (ii) Recruitment to the Post of Sub-Inspector (Finger-Print Bureau) Technical | | | | | | --- | --- | --- | --- | | (1) | Name of the post | | S.I. (Finger Print Bureau) Tech. | | (2) | No. of posts | | 14 | | (3) | Classification | | Group 'C' post, Non-gazetted (Tech) . | | (4) | Scale of Pay | | Rs. 425-15-530-EB-15-560-20-600. | | (5) | Whether selection post or non-selection | | Selection Post | | (6) | Whether benefit of added years of service admissible under rule 30 of CCS (Pension) Rules, 1972. | | N.A. | | (7) | Age limit for direct recruitment | | Between 18-25 years relaxable by 5 years for SC/ST, Ex-servicemen as per GOI's instructions issued from time to time. No age bar for serving Govt. Servants. | | (8) | Educational and other qualifications required for direct recruits | | (i) B.A. or B.S.c. with one subject as Physics or Chemistry or Maths or Zoology or Anthropology. | | | | | (ii) One year course from any Finger Print Bureau with 2 years practical training in F.P.B./ C.F.S.L./ F.S.L. | | | | | (iii) Having passed the examination of All India Board of Finger Prints Expert. | | (9) | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | | No. | | (10) | Period of probation, if any | | 2 years. | | (11) | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | | By promotion/Deputation/Direct recruitment | | (12) | In case of recruitment by promotion/transfer on deputation/grades from which promotion/deputation/transfer to be made | | (i) Promotion: From the serving ASIs in Finger Print Bureau with minimum 5 years service in the grade. | | (ii) Deputation: From serving ASIs with 5 years or those having equivalent pay scale posts, in other State Finger Print Bureau/C.S.F./F.S.L. | | (13) | If a D.P.C. exists what is its composition | | Group 'C' D.P.C. | | 1. Addl. C.P.-Chairman. | | 2. Two DcsP-Members.(To be nominated by C.P./Delhi). | | 3. A Finger Print Expert of the status of DCP shall be co-opted as ex-officio member from any of the State Finger Print Bureau or from C.F.S.L. | | (14) | Circumstances in which UPSC is to be consulted in making recruitment. | | N.A. | (iii) Recruitment to the post of Inspector (Finger Print Bureau) (Tech.) | | | | | | --- | --- | --- | --- | | (1) | Name of the post | | Inspector (Finger Print Bureau). | | (2) | No. of Posts | | 2 | | (3) | Classification | | Group 'C' Post, non-gazetted (Tech.) | | (4) | Scale of pay | | Rs. 550-25-750-EB-30-900 | | (5) | Whether Selection Post on non-selection post | | Non-selection post. | | (6) | Whether benefit to added year of service admissible under Rule 30 of CCS (Pension) Rules, 1972. | | N.A. | | (7) | Age limit for direct recruitment | | N.A. as direct recruitment is not a method of filling up the post. | | (8) | Educational and other qualifications required for direct recruits. | | N.A. | | (9) | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotion. | | N.A. | | (10) | Period of probation, if any | | N.A. | | (11) | Method of recruitment whether by Direct recruitment or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods. | | By Promotion/deputation. | | (12) | In case of recruitment by promotion/ transfer/ deputation on, grade from which promotion/ deputation/ transfer to be made. | | (i) Promotion,-From amongst the serving SI's in Delhi Police Finger Print Bureau with at least six years service in the grade. | | (ii) Deputation.-From amongst the serving Si's with six years of service or those having equivalent pay scale posts in the State Finger Print Bureau/C.F.S.L. | | (13) | If a DPC exists what is its composition | | 1. C.P. Delhi- Chairman. | | | | | 2. Two Addl. CP.-Members. | | | | | 3. Finger Print-Member. | | | | | Expert of the Status of Addl. C.P/DCP shall be co-opted as ex-officio member from any of the State Finger Print Bureau or from C.F.S.L. | | (14) | Circumstances in which U.P.S.C. is to be consulted in making recruitment. | | N.A. | ### 21. Certificate of appointment. - {1) As prescribed in Section 13 of the Delhi Police Act, 1978, every enrolled police officer i.e. constable to Inspector shall, on enrollment, be given a certificate of appointment in form No. 'F'. He shall sign its receipt in his character roll. Such certificate shall be signed by the officer empowered to make the appointment. (2) A certificate of appointment is a document designed to help the police officer to establish his identity during performance of his duty. It shall bear his photograph/signatures and constabulary/range No. It' shall not, however, be equal to a letter of appointment. ### 22. [ [Substituted Rule 22 by Notification No. F. 13/21 /2002-Home(P) /Estt. 2201-04, dated 7.5.2003.] Seniority in the rank of upper and lower subordinate shall be initially reckoned from the date of first appointment, and officer of subordinate rank promoted from a lower rank being considered senior to persons appointed direct to the same rank on the same day. The seniority of direct recruits in all ranks except Sub-Inspectors (Executive) appointed as a result of some examination or selection shall be reckoned by the order of merit determined by the Selection Board and in case no order of merit is indicated by the age of candidates, the oldest being placed senior-most and the youngest the junior-most. The inter-seniority of directly recruited Sub-Inspectors (Ex.) shall be fixed, on the basis of total of marks obtained by them in the Staff Selection Commission Examination/Interview as well as in the final examination held at Police Training School/College.] ### 23. Correct recording of date of birth. (1) Great care shall be taken to ensure that the date of birth of every police officer of subordinate rank is correctly recorded at the time of appointment, as this record because of utmost importance in deciding the officer right to pension and is accepted as decisive in the absence of proof that the original entry was wrong and that the date of birth originally recorded was due to a bona fide clerical mistake. The best proof of age is university or school certificate in the case of fresh recruits and the age given in the military discharge certificate in the case of ex-military personnel. (2) In no case shall a correction in recorded date of birth be allowed at at any stage after it has been once recorded and accepted to be correct by the individual concerned in service book or Character Roll. ### 24. Medial examination of candidates. (1) Before enrolment, ever)' candidate shall be medically examined and certified physically fir for police service by the police surgeon or medical officer appointed by the Commissioner of Police. A certificate, in forms 'D' 'E' duly signed by the medical officer, is essential for enrolment. Before his medical examination the candidates shall be required to give a declaration in form 'C in the presence of the medical officer such declaration being a precondition for enrolment. The candidates declared medically unfit shall be informed, in writing, of the reasons of unfitness. (2) The medical examination shall be conducted in accordance with the instructions contained in Appendix-XXX. The medical officer shall test the eye sight, speech and hearing of the candidate, his freedom from physical defects, organic or contagious disease, his age or any other defects or tendency likely to render him unfit for police service. Candidate shall be rejected for any disease or defect likely to render them unfit for the duties of a police officer at any stage. (3) The appointing authorities may themselves reject candidates whose general standards of physique and intelligence are not satisfactory. Only those candidates shall be sent for medical examination who measure upto tire requisite physical standards. (4) In the case of women recruits, the medical examination shall be conducted by an approved lady Medical Officer. (5) Every candidate shall be duly screened during medical examination and those candidates who are finally found fit, their blood tests shall be carried out and the result of their blood grouping indicated. This shall form a permanent record with their Character Roll so that blood of proper grouping cold be made available to them in case of any medical emergency, without any loss of time. ### 25. Verification of character and antecedents. - (z) Every candidate shall, before appointment, produce an attestation form, duly certified by two gazetted officer, testifying that the candidate bears a good moral character and they are not aware of anything adverse against hi. The candidate may be provisionally enrolled pending verification of his character and antecedents which shall be done by making a reference to the concerned police station. Standing instructions in this regard laying down the procedure for getting such verifications shall be issued by the Commissioner of Police. (2) An entry about the result of verification of character and antecedents shall be made in the service book/character Roll of the police officer concerned. The papers of such verification shall be filed with his Miscellaneous Personal File. ### 26. Other conditions of service and residuary mattes. (1) The general conditions of service of all police officers of subordinate rank, such as pay, pension, leave, joining time travelling allowance, etc. shall be governed by the rules framed in this behalf, under the Delhi Police Act, 1978 or where such rules are silent, by the rules/orders as applicable to other Central Govt, civil servants as issued by the Govt, of India from time to time as may be expedient. (2) In regard to matters not specifically covered by these Rules the police officers of subordinate rank shall be governed by the rules, regulations and other orders applicable to the corresponding grades of civilian employees serving under the Govt, of India. (3) Service records of police employees shall be maintained as per details to be specified in the Delhi Police Manual by the Commissioner of Police. ### 27. Recruitment through Employment Exchange. - All vacancies which are not filled through the .Union Public Service Commission or by competitive examination or by departmental promotion or transfers should invariably be notified in good time to the Employment Exchange. ### 27A. [ Relaxation of upper age limit for departmental candidate. [Rule 27-A, added by Notification No. F/67/83 Home (P) Estt, dated 15-11-1985.] - Relaxation of upper age limit of all departmental candidates for direct recruitment against Group 'C' and 'D' posts of Police Departmental shall be as follows- ### 35. years in the case of general candidate and 40 years in the case of candidates belonging to Scheduled Caste/Scheduled Tribes Candidates.] ### 28. Enlistment of ex-soldiers, ex-policemen and reservists. (1) Re-enlistment shall be permissible only in the rank of constable and past service will count for pension as per provisions of Rules 18 and 19 of the CCS (Pension) Rules, 1972- (a) Ex-servicemen and ex-members of ail Police forces of State or Union Territory, who were paid from the Central/State revenues may be re-enlisted as constables' at the discretion of the appointing authority if their discharge certificate shows previous service as Good or of higher classification, provided that (a) they present themselves within two years of their previous discharge, (b) they conform to the physical and educational standards laid down for recruits from open market, (c) they are medically fir for police service according to the standards prescribed for recruits and (d) their age on the date of re-enrolment is below 30 years. The age limit prescribed in this para may, in special cases, be relaxable upto 40 years by the Commissioner o Police. (b) Cavalry and infantry reservists of the Indian Army, below, the age of 30 years, may be enrolled, provided that their military service records shows good conduct, and they are exempted from annual military training by the Defence authorities. (c) Reservists of other branches of the Indian Army may also be enlisted in the Police; provided that the conditions of their reserve service and periodical training do not interfere with their police duties. (d) The total number of all classes of reservists shall not exceed five percent of the sanctioned strength of constables. They shall be constables. The shall be released from employment as soon as mobilization is ordered so to enable them to rejoin the colours. (2) The service rendered by ex-servicemen in the Army who are re-enlisted in the Police Department, shall count towards civil pension, if the conditions laid down in Rule 19 of CCS (Pension) Rules, 1972 are fulfilled. ### 29. Enrolment of Police pensioners. (1) Police officers of subordinate ranks discharged on a compensation or invalid gratuity, or pension may be re-employment in the same rank which they had held before retirement in the Police service, upto the age of 50 years subject to the condition, that the retired subordinate officer who has obtained a gratuity/pension, if re- employment in qualifying service, may either retain his gratuity pension in which case his previous service shall not count for future pension, or refund it and count his previous service towards future pension. The option shall be exercised within a period of three months from the date of re-employment. Such re- employment shall be made only after fresh medical examination by the police pensioner showing that his previous service was classified as not lower than very good. The order re-employing such officer shall specifically state the amount of any gratuity or pension received by him on discharge and a copy of such order shall be sent to the Pay and Accounts Officer concerned. ### 30. Power to relax. - When the Administrator is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the provisions of these Rules with respect to any class, category of persons or posts or, in an individual case. ### 31. Appointment of Special Police Officers. (1) The names of all Special Police Officers appointed under Section 17 of the Delhi Police Act, 1978 shall be published in Delhi Police Gazette (Extraordinary) and also notified through press (2 Hind and 2 English Duties) for the information of general public. A copy of the relevant gazette shall also be exhibited at conspicuous places on the notice boards in the police stations concerned and such or her public places e.g. public libraries; notice boards, post offices as the Commissioner of Police, may consider expedient. (2) Every Special Police Officer, on appointment shall- (a) Receive a certificate of appointment in the form below- | | | | --- | --- | | Police Depart | Delhi | | "Certificate of Appointment" of Special Police Officers | | Certified that | Passport size photograph to be Attested by Dy. Commissioner of Police of the area concerned. Signature of Special Police Officer. Attestation by Deputy Commissioner of Police of Disst. Concerned. | | Shri .................. | | S/o ........... | | R/o ............... | | Whose photographs appear at page 2 of this certificate, has been appointed as a Special Police Officer under Section 17 of the Delhi Police Act, 1978, and vested with the powers, privilege and immunities of a police officer with effect from............... This appointment shall be valid.............. upto | | ….....................................................................................................................................................................................................….....................................................................................................................................................................................................…..................................................................................................................................................................................................... | Signature of the Special Police Officer Attestation by ................................. Name ..................................... Seal ..................................... Commissioner of Police. (b) Have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer of subordinate rank. (3) Ordinarily, whenever the appointment of Special Police Officers becomes necessary or desirable efforts shall be made to appoint volunteers only. No unwilling persons should be appointed unless sufficient volunteers cannot be found. (4) Residents of disturbed areas may be appointed Special Police Officers in two ranks, namely (a) Senior Special Police Officers and (b) Special Police Officers. No such police officers shall be deemed to hold a rank equal to that of the Station House Officer of the concerned police station. (5) Special Police Officers shall be subordinate to and be under the orders of the senior officer of the regular police present on the spot. (6) Special Police Officer should ordinarily by chosen from among the respectable, loyal, and influential persons of the neighbourhood, whose authority is likely to be respected by the masses and who. are likely to use their influence to prevent disturbances. In no case, should a Special Police Officer be appointed as a punitive measure. (7) When Special Police Officers are appointed, the more influential and useful from amongst them may be appointed as Senior Special Officers above the others, and be required to enforce discipline among the Special Police Officers appointed under their command. (8) Whenever possible Special Police Officers of good social standing should be encouraged to bring with them their tenants and dependants, who shall be enrolled as Special Police Officers, the post of Senior Special Police Officer being given to the person through whose agency the Special Police Officers are enrolled. (9) Special Police Officers (senior or others) will ordinarily be armed with batens or lathis at the discretion of the Deputy Commissioner of Police. (10) An armlet or brassed with the letter "S.P.O." and a Serial.number should be issued to Special Police Officers, Senior Special Police Officers, shall, in addition, be given an embroidered badge displaying Delhi Police Emblem with an inscript, 'Special Police Officer', below, to be fixed on the top left pocket of their shirts/coats. (11) A Senior Special Police Officer shall be entitled to receive all courtesies due to a senior officer, but his authority will extend only to Special Police Officers under the charge and not to those of the regular police. Influential persons of superior, social standing who are enrolled as such should, as a rule, be employed on staff and supervisory duties and classified Senior Special Police Officers. (12) Discipline.-The requirements in this respect shall usually be light. Conditions, which might be regarded by local residents, as offensive and unnecessarily irksome, shall not be insisted upon. Physical Drill, for instance, would in most cases be inappropriate and the saluting of petty officers unnecessary, while parades or attendance at the police stations, when necessary, should be so regulated as to cause as little inconvenience as possible. (13) A copy of Section 17 of Delhi Police Act and also a copy of these Rules relating to the enrolment, 'etc., of Special Police Officers shall be given to each Special Police Officer as soon after his enrolment as may be possible. (14) Special Police Officers, whenever detailed for duties, exceeding 4 hours shall be paid food allowance at the rate of Rs. 7.50 for Senior Police Officer and Rs. 5 for others per day. Expenditure on this account shall be debitable under head, 'Reward to Public'. ### 32. Repeal & Savings - All provisions contained in the Punjab Police Rules as applicable to the Union territory of Delhi, relating to appointments and recruitment of employees are hereby repealed, subject to the provisions as contained in the proviso to sub-Section (1) and (2) of Section 149 of the Delhi Police Act, 1978. [By order in the name of Administratorof the Union Territory of Delhi] [Inserted by Notification N.F. 5/15/82-Home (P) Estt, dated 2.5.1983.] . Appendix Points to be observed by Medical Officers in examining candidates for recruitment to the Delhi Police are indicated in the following paragraph. Medical Officer will satisfy themselves regarding each candidate on the following points in the order given. If a disqualifying defect is notified the recruit will be rejected without further examination and appropriate entries made in the 'Recruits Register. Each eye must have a full of vision as tested by hand movements. (a) That the vision is upto the following standard- (i) For Constables. Head Constables and Sub-Inspectors, visual acuity (both eyes) 6/12 without glasses. (ii) For drivers and Traffic staff visual acuity (both eyes) 6/12 without glasses shall be from colour blindness. (iii) For Clerical staff and technical hands, Distant vision. | | | | | --- | --- | --- | | Better eye | Worse eye | Near vision | | 6/6 Without glasses | 6/36 corrected with glasses to 6/9. | J-2 | | | 6/12 without glasses (both eyes). | | Notes-In examining the recruit by means of the "test Dot Card" the following directions should be observed. (i) Place the recruit with his back to the light and hold the Test Card perfectly upright in front of him at a measured distance of exactly 10 feet. The light should fall fully on the card. (ii) Examine each eye separately. The eye not under trial should be shaded by the hand of an Assistant, who will take care not to press on the eye ball. (iii) Expose some of the dots. Not more than 5 or 6 at a time, and desire the recruits to name their number and positions and vary the group frequently to provide against deception. (iv) The "Test Dot Card" must be kept perfectly clean. (b) The height and chest measurements should conform to the standards prescribed in Appendix 1 of these Rules. (c) Neither speech nor hearing is defective. No recruits will be enlisted who suffers from deafness, aural discharge, earache, tinnitus or vertigo or who is found on examination to have dermatitis, atersia or exostosis of the meatus, performation of the tympanic membrane, or who has had radical mastoid operation. (d) The recruits should be health, strong and active. (e) He should be sufficiently intelligent. (f) There should be no malformation, deficiency or defect of any essential part. (g) There should be perfect motion in every joint and good physical development and power. (h) The recruits should be free from disease of the nervous circulatory, respiratory, digestive, cutaneous, laymphatic, generative or excretory system. Special care should be given to tracing the presence of contagious or infectious disorders, rupture, strictures, dysentery, hepatic or severe malaria disease. (i) There should be no evidence of fits, old injuries to the head, or of a personal or family medical history which would be likely to render him unfit. (j) It should be ensured that the recruit's declared age, as compared with appearance, physical equivalents, or other evidence is correct. In case of doubt the Medical Officer will record the apparent age. Note.-The points noted in (b) , (d), (g) and (j) will be decided by the Deputy Commissioner of Police when recruits are selected by him. The recruit must strip for examination, due regard being paid to privacy and decency, A loin covering may be permitted. Every part of the body must be examined and if a recruit will not submit to this after persuasion, he must be rejected. (k) The medical officer will reject a recruit for any disease or defect which is likely to render him unfit for the duties of the particular branch of the service in which he is desirous of being enrolled. Note-The following points should not be over looked- (i) Glandular swellings and enlarged thyroid. (ii) Prominence of eyes, squint, long-standing trachoma, nebulai or leucomata pannus. (iii) Polypus of nose, perforated palate, tonsils, adenoids. (iv) Insufficient sound teeth for efficient mastication, severe pyorrhea. (v) Loss or defermity of fingers, flat feet, hanner toes with painful corns or bursae on the dersum of toes. Halux valgus, halux rigidus, knock-knee, deformity of chest and joints, abnormal curvature of the spine. (vi) In veterate, cutaneous disease, fistualic condylemata, haemorrhoids prolasus ani, varix or vari-cocole, undescended testicle, techvcarida. (vii) Recent marks of vaccination, and two identification marks should be noted. Note.-For discharges soldiers for enlistment in the Police force- (i) The urine of recruits over 30 years of age should be examined. (ii) The head should be examined for blows or cuts, and the recruit questioned if he is subject to fits of any kind. (iii) The body should be examined for scars of war wounds. Persons with bowl legs, irrespective; of the degree of bow present shall not be recruited. Slight curvature of leg, is however, to be treated as normal and should not lead to unnecessary rejection. Form 'A' Index Card Police Department Name...................................... Surname................................................ Height in Cms ............................ Chest in Cms................................... Father's husband/s Name..................................................................... Permanent Address.............................................................................. Education............................................................................................... Delhi Caste...................................... SC/ST........................................................ Rank.............................................. No........................................................ Date of Birth............................................................................................... Date of superannuation............................................................................. G.F.P. A/c No............................................................................................. Courses | | | | | | --- | --- | --- | --- | | Sl. No. | Nomenclature of course | Year | Remark | ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... ### 8. ...................................................................................................................................................................... Promotion List | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Nomenclature of list | O.B.No | Order No./Dt. | Remarks | ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... Promotion Confirmation | | | | | --- | --- | --- | | Sl. No. | O.B. No. | {| | | Rank to in which| ConfirmedPromoted | |} ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... ### 8. ...................................................................................................................................................................... Punishments/Major Punishment | | | | | --- | --- | --- | | Sl. No. | O.B. No. | Detail of Punishments | ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... ### 8. ...................................................................................................................................................................... Minor Punishment | | | | | --- | --- | --- | | | O.B. No. | Nature of Punishment | ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... ### 8. ...................................................................................................................................................................... Orderly Room Punishment | | | | | --- | --- | --- | | | O.B. No. | Nature of Punishment | ### 1. ...................................................................................................................................................................... ### 2. ...................................................................................................................................................................... ### 3. ...................................................................................................................................................................... ### 4. ...................................................................................................................................................................... ### 5. ...................................................................................................................................................................... ### 6. ...................................................................................................................................................................... ### 7. ...................................................................................................................................................................... ### 8. ...................................................................................................................................................................... | | | | | --- | --- | --- | | Decoration/Rewards | Nature of reward | Remarks | | 'A' Police Medals | | | | O.B. NO. | | | | | | --- | | 'B' Commendation Certificates. | | Year | Commendation Roll | Commendation Certificate | Commendation Card Class-I Class-II | Cash Reward | | 1980.......................................................................................................................................................................1981.......................................................................................................................................................................1982.......................................................................................................................................................................1983.......................................................................................................................................................................1984.......................................................................................................................................................................1985.......................................................................................................................................................................1986.......................................................................................................................................................................1987.......................................................................................................................................................................1988.......................................................................................................................................................................1989.......................................................................................................................................................................1990.......................................................................................................................................................................1991.......................................................................................................................................................................1992.......................................................................................................................................................................1993.......................................................................................................................................................................1994.......................................................................................................................................................................1995.......................................................................................................................................................................1996.......................................................................................................................................................................1997.......................................................................................................................................................................1998.......................................................................................................................................................................1999.......................................................................................................................................................................2000.......................................................................................................................................................................2001.......................................................................................................................................................................2002.......................................................................................................................................................................2003.......................................................................................................................................................................2004.......................................................................................................................................................................2005.......................................................................................................................................................................2006.......................................................................................................................................................................2007.......................................................................................................................................................................2008.......................................................................................................................................................................2009.....................................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| Record of Postings | | | | | | --- | --- | --- | --- | | Sl. No. | Place | From | To | ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... Form NO. B Declaration I Shri/Shrimati/Kumari..................declares, as under- (i) That I am unmarried/a widower/widow (ii) That I am married and have only one wife living. (iii) That I am married and my husband has no other living wife to the best of my knowledge. (iv) That I am married and have more than one wife living. Application for grant of exemption is enclosed. (v) That I am married to a person who had already one wife or more living. Application for grant of exemption is enclosed. I solemnly affirm that the above declaration is true and I understand that in the event of the declaration being found to be incorrect after my appointment, I shall be liable to be dismissed from service. Dated ............... Signature........... Note.-Please delete clauses not applicable @ Application in the case of Clause (iv) and (v) only. Attested Name & designation of Gazetted Officer with Seal. Form NO. 5. Oath of Allegiance I..............S/o............do hereby solemnly swear that I will be faithful and bear true allegiance to India, and to the Constitution of India as by law established and that I will carry out the duties of my office loyally, honestly, and with impartiality. (So help me God). Signature ............ Date Place............ Office................ Form NO. 'C' Candidate's Statement and Declaration The candidate must make the statement given below to his Medical Examination and must sign the declaration appended to it. His attention is specially directed to the warning contained din the Note below. ### 1. State your name in full (in block letters)................................. ### 2. State your age and place of birth.................................................. ### 3. (a) Have you ever had small-pox inter-mittent or any other fever, enlargement or suppression glands, spitting of blood, asthma, heart disease, lung disease, fainting attacks, rheumatism, appendicitis,........................................... i.... Or (b) Any other disease or accident requiring confinement to be and medical or surgical treatment...................... ......................... ### 4. When were you last vaccinated?................................................. ### 5. Have you or any of your near relation been affected with consumption, scrofula, gout, asthama, fits, epilepsy or insanity?................................ ### 6. Have you suffered from any form of nervousness due to over work or any other cause?.............................................................. ### 7. Have you been examined and declared unfit for Government service by a Medial Officer/Medical Board, within the last 3 years?......................................................... ### 8. Furnish the following particulars, concerning your family. | | | | | | --- | --- | --- | --- | | Father’s age, if living & state of health | Father’s age at death and cause of death | No. of brothers living, their ages and state of health | No. of brothers dead their age at death and cause of death | | | | | | | Mother’s age if living and state of health | Mother’s age at death and cause of death | No. of sisters living, their ages and state of health | No. of sisters dead, their ages at death and cause of death. | | | | | | I declare that all the above answer's to the best of my belief, are true and correct. I also solemnly affirm that I have no received a disability certificate/pension on account of any disease or other condition. Candidate's Signature.......... Signed in my presence. Signature of Medical Officer. Note.-The candidate will be held responsible for the accuracy of the above statement. Be wilfully suppressing any information, he will risk of losing the appointment and, if appointed, of forfeiting all claim to superannuation allowance or gratuity. Form 'D' Form of Medical Examination (New entrants) | | | | | --- | --- | --- | | 1. | General Development, | Good............... Fair............ Poor............. | | 2. | Nutrition | Thin | Average | Obesed | | 3. | Height (without shoes).................... | Weight................................ | | 4. | Chest Weight.............................. | When?................................. | | 5. | Any recent in weight...................... | Temperature........................... | | 6. | Girth of Chest: | | | (a) After full inspiration.............................. | | | (b) After full expiration.............................. | | 7. | Skin: Any disease. | | 8. | Eyes: | | | (1) Any disease. | | | (2) Night blindness. | | | (3) Defect in colour vision. | | | (4) Field of vision. | | | (5) Funds examination. | | | (6) Visual acuity. | | Acuity of vision | | | | Strength of Glasses | | | | Named Eye. | With Glasses | Sp. | Dy. | Axis | | Distant | R.E. | | | | | | | | L.E. | | | | | | Near vision | R.E. | | | | | | | | L.E. | | | | | | 9. | Ears | | | Inspection...................................Hearing, | Right ear...................... | | | | Left ear........................ | | 10. | Glands...............................................Thyroid............................... | | 11. | Condition of teeth...................................................................... | | 12. | Respiratory system. Does physical examination reveal anything abnormal in the respiratory organ? If yes, explain fully .............................................................................................................. | | 13. | Circulatory System. | | | (a) Heart | Any organic Lesions? | | | Rate | Standing | | | After hopping 25 times....................................................................................................................... | | | After hopping for 2 minutes.................................................................................................................. | | | (b) Blood pressure.......................... Systolic..................................................................................... | | | Diastolic...................................................................................................................................... | | 14. | Abdomen: | | | Girth...........................Tenderness ...........................Hernia............................................................... | | | (a) Palpable: Liver....................... Spleen....................... Kidneys........................... Tumor......................................... | | | (b) Hemorrhoids.............................. Fistula........................................................ | | 15. | Nervous System. | | | Indications of nervous bromental disabilities. | | 16. | Loco-Motor System: or any abnormality....................................................................................................... | | 17. | Urinary System : | | | Any evidence of Hydrocele, Vericoale etc.................................................................................................... | | 18. | Urine Examination: | | | (a) Physical appearance: | | | (b) Sp. Gr. | | | (c) Aib. min | ............................. | | | | (d) Sugar | ............................. | | | | (e) Castro | ............................. | | | | (f) Cells | ............................. | | | 19. | Report of Screening/X-ray: | | | Examination of Chest: | | 20. | is there anything in the health of the candidate likely to render him/her unfit for the efficient discharge of his/her duties in the service for which he/she is a candidate? | | 21. | (1) Fit...................................... Medical certificate in duplicate enclosed | | | (2) Unfit on account of | | | (3) Temporarily unfit on account of | SignatureDesignation of the Medical Officer. Date........... Form 'E' Police Department, ...................District. Medical Certificate For Appointment I do hereby certify that I have examined.................... a candidate for employment in the Police Department and cannot discover that he has any disease, constitutional infection, bodily infirmity, except...................... I do not consider this a disqualification for employment in the office.................... He age is according to his own statement...................... years and by appearance about years. Dated...... Police Surgeon/Medical Officer. Note.-When an officer is transferred from one office to another, the duties of which are different in character, a Commissioned Medial Officer, or Medical Officer-in-Charge of a Civil Station should report whether the defect, if one exists, will materially interfere with the discharge of his new duties by the officer, transferred. (Prescribed by Fundamental Rule 10). I declare that I have never been pronounced unfit for Government employment by a Medical Boar or any other duty constituted medical authority. Date Signature of Candidate......... Form 'F' Certificate of Appointment | | | | --- | --- | | Police Department | Union Territory of Delhi, | | No.................................Rank.............................Certified thatShri...............................S/o................................ | Passport Size photograph duly attested by issuing authority.Signature of the holder of certificate Attestation by issuing authority..... | | has been appointed as a member of Delhi Police with........ effect from...... under the Delhi Police Act, 1978 and is vested with the powers, functions, privileges and immunities of a Police Officer, under the said Act.......... | Deputy Commissioner of Police/Additional Commissioner of Police Record of Postings | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Place | From | To | Sl. No. | Place | From | To | Sl. No. | Place | From | To | | | | | | | | | | | | | |
65ba7f65ab84c7eca86ebbc3
acts
Union of India - Act ---------------------- The Customs and Central Excise Duties Drawback Rules, 2017 ------------------------------------------------------------ UNION OF INDIA India The Customs and Central Excise Duties Drawback Rules, 2017 ============================================================ Rule THE-CUSTOMS-AND-CENTRAL-EXCISE-DUTIES-DRAWBACK-RULES-2017 of 2017 ------------------------------------------------------------------------ * Published on 21 September 2017 * Commenced on 21 September 2017 The Customs and Central Excise Duties Drawback Rules, 2017 Published vide Notification No. G.S.R. 1177(E) , No. 88/ 2017-CUSTOMS (N.T.), dated 21st September, 2017 Ministry of Finance (Department of Revenue) G.S.R. 1177(E) . - In exercise of the powers conferred by section 75 of the Customs Act, 1962 ( 52 of 1962 ) and section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules, namely:- ### 1. Short title, extent and commencement. (1) These rules may be called the Customs and Central Excise Duties Drawback Rules, 2017. (2) They extend to the whole of India. (3) They shall come into force on the 1st day of October, 2017. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) "drawback" in relation to any goods manufactured in India and exported, means the rebate of duty excluding integrated tax leviable under sub-section (7) and compensation cess leviable under sub-section (9) respectively of section 3 of the Customs Tariff Act, 1975 ( 51 of 1975 ) chargeable on any imported materials or excisable materials used in the manufacture of such goods; (b) "excisable material" means any material produced or manufactured in India subject to a duty of excise under the Central Excise Act, 1944 (1 of 1944); (c) "export", with its grammatical variations and cognate expressions, means taking out of India to a place outside India or taking out from a place in Domestic Tariff Area (DTA) to a special economic zone and includes loading of provisions or store or equipment for use on board a vessel or aircraft proceeding to a foreign port; (d) "imported material" means any material imported into India and on which duty is chargeable under the Customs Act, 1962 ( 52 of 1962 ); (e) "manufacture" includes processing of or any other operation carried out on goods, and the term manufacturer shall be construed accordingly; (f) "tax invoice" means the tax invoice referred to in section 31 of the Central Goods and Services Tax Act, 2017 ( 12 of 2017 ). ### 3. Drawback. (1) Subject to the provisions of - (a) the Customs Act, 1962 ( 52 of 1962 ) and the rules made thereunder; (b) the Central Excise Act, 1944 (1 of 1944) and the rules made thereunder; and (c) these rules, a drawback may be allowed on the export of goods at such amount, or at such rates, as may be determined by the Central Government : Provided that where any goods are produced or manufactured from imported materials or excisable materials, on some of which only the duty chargeable thereon has been paid and not on the rest, or only a part of the duty chargeable has been paid; or the duty paid has been rebated or refunded in whole or in part or given as credit, under any of the provisions of the Customs Act, 1962 ( 52 of 1962 ) and the rules made thereunder, or of the Central Excise Act, 1944 (1 of 1944) and the rules made thereunder, the drawback admissible on the said goods shall be reduced taking into account the lesser duty paid or the rebate, refund or credit obtained : Provided further that no drawback shall be allowed - (i) if the said goods, except tea chests used as packing material for export of blended tea, have been taken into use after manufacture; (ii) if the said goods are produced or manufactured, using imported materials or excisable materials in respect of which duties have not been paid; (iii) on jute batching oil used in the manufacture of export goods, namely, jute (including Bimlipatam jute or mesta fibre) yarn, twist, twine, thread, cords and ropes; (iv) if the said goods, being packing materials have been used in or in relation to the export of - (A) jute yarn (including Bimlipatam jute or mesta fibre), twist, twine, thread and ropes in which jute yarn predominates in weight; (B) jute fabrics (including Bimlipatam jute or mesta fibre), in which jute predominates in weight; (C) jute manufactures not elsewhere specified (including Bimlipatam jute or mesta fibre) in which jute predominates in weight. (2) In determining the amount or rate of drawback under this rule, the Central Government shall have regard to, - (a) the average quantity or value of each class or description of the materials from which a particular class of goods is ordinarily produced or manufactured in India; (b) the average quantity or value of the imported materials or excisable materials used for production or manufacture in India of a particular class of goods; (c) the average amount of duties paid on imported materials or excisable materials used in the manufacture of semis, components and intermediate products which are used in the manufacture of goods; (d) the average amount of duties paid on materials wasted in the process of manufacture and catalytic agents: Provided that if any such waste or catalytic agent is re-used in any process of manufacture or is sold, the average amount of duties on the waste or catalytic agent re-used or sold shall also be deducted; (e) the average amount of duties paid on imported materials or excisable materials used for containing or, packing the export goods; (f) any other information which the Central Government may consider relevant or useful for the purpose. ### 4. Revision of rates. - The Central Government may revise amount or rates determined under rule 3. ### 5. Determination of date from which the amount or rate of drawback is to come into force and the effective date for application of amount or rate of drawback. (1) The Central Government may specify the period upto which any amount or rate of drawback determined under rule 3 or revised under rule 4, as the case may be, shall be in force. (2) Where the amount or rate of drawback is allowed with retrospective effect, such amount or rate shall be allowed from such date as may be specified by the Central Government by notification in the Official Gazette which shall not be earlier than the date of changes in the rates of duty on inputs used in the export goods. (3) The provisions of section 16, or sub-section (2) of section 83, of the Customs Act, 1962 ( 52 of 1962 ) shall determine the amount or rate of drawback applicable to any goods exported under these rules. ### 6. Cases where amount or rate of drawback has not been determined. (1) (a) Where no amount or rate of drawback has been determined in respect of any goods, any exporter of such goods may, within three months from the date relevant for the applicability of the amount or rate of drawback in terms of sub-rule (3) of rule 5, apply to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, having jurisdiction over the place of export, for determination of the amount or rate of drawback thereof stating all the relevant facts including the proportion in which the materials or components are used in the production or manufacture of goods and the duties paid on such materials or components: Provided that- (i) in case an exporter is exporting the aforesaid goods from more than one place of export, he shall apply to the Principal Commissioner or Commissioner of Customs, having jurisdiction over any one of the said places of export; (ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of three months and the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may further extend the period by a period of six months; (iii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal; (iv) an application fee equivalent to 1% of the FOB value of exports or one thousand rupees whichever is less, shall be payable for applying for grant of extension to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or two thousand rupees whichever is less, shall be payable for applying for grant of extension to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (b) On receipt of an application under clause (a), the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, shall, after making or causing to be made such inquiry as it deems fit, determine the amount or rate of drawback in respect of such goods. (2) (a) Where an exporter desires that he may be granted drawback provisionally, he may, while making an application under clause (a) of sub-rule (1) apply to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, that a provisional amount be granted to him towards drawback on the export of such goods pending determination of the amount or rate of drawback under clause (b) of that sub-rule. (b) The Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, after considering the application, allow provisionally payment of an amount not exceeding the amount claimed by the exporter in respect of such export: Provided that the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, for the purpose of allowing provisional payment of drawback in respect of such export, require the exporter to enter into a general bond for such amount, and subject to such conditions, as he may direct; or to enter into a bond for an amount not exceeding the full amount claimed by such exporter as drawback in respect of a particular consignment and binding himself, - (i) to refund the amount so allowed provisionally, if for any reason, it is found that the duty drawback was not admissible; or (ii) to refund the excess, if any, paid to such exporter provisionally if it is found that a lower amount was payable as duty drawback: Provided further that when the amount or rate of drawback payable on such goods is finally determined, the amount provisionally paid to such exporter shall be adjusted against the drawback finally payable and if the amount so adjusted is in excess or falls short of the drawback finally payable, such exporter shall repay to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, the excess or be entitled to the deficiency, as the case may be. (c) The bond referred to in clause (b) may be with such surety or security as the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may direct. (3) Where the Central Government considers it necessary so to do, it may,- (a) revoke the rate of drawback or amount of drawback, determined under clause (b) of sub-rule (1) by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be; or (b) direct the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, to withdraw the rate of drawback or amount of drawback determined. Explanation. - For the purpose of this rule, "place of export" means customs station or any other place appointed for loading of export goods under section 7 of the Customs Act, 1962 ( 52 of 1962 ) from where the exporter has exported the goods or intends to export the goods in respect of which determination of amount or rate of drawback is sought. ### 7. Cases where amount or rate of drawback determined is low. (1) Where, in respect of any goods, the exporter finds that the amount or rate of drawback determined under rule 3 or, as the case may be, revised under rule 4, for the class of goods is less than eighty per cent. of the duties paid on the materials or components used in the production or manufacture of the said goods, he may, except where a claim for drawback under rule 3 or rule 4 has been made, within three months from the date relevant for the applicability of the amount or rate of drawback in terms of sub-rule (3) of rule 5, make an application to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, having jurisdiction over the place of export, for determination of the amount or rate of drawback thereof stating all relevant facts including the proportion in which the materials or components are used in the production or manufacture of goods and the duties paid on such materials or components: Provided that - (i) in case an exporter is exporting the aforesaid goods from more than one place of export, he shall apply to the Principal Commissioner or Commissioner of Customs, having jurisdiction over any one of the said places of export; (ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may further extend the period by a period of six months; (iii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal; (iv) an application fee equivalent to 1% of the FOB value of exports or one thousand rupees whichever is less, shall be payable for applying for grant of extension to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or two thousand rupees whichever is less, shall be payable for applying for grant of extension by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (2) On receipt of the application referred to in sub-rule (1), the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, after making or causing to be made such inquiry as it deems fit, allow payment of drawback to such exporter at such amount or at such rate as may be determined to be appropriate, if the amount or rate of drawback determined under rule 3 or, as the case may be, revised under rule 4, is in fact less than eighty per cent. of such amount or rate determined under this sub-rule. (3) Provisional drawback amount, as may be specified by the Central Government, shall be paid by the proper officer of Customs and where the exporter desires that he may be granted further drawback provisionally, he may, while making an application under sub-rule (1), apply to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, in this behalf in the manner as has been provided in clause (a) of sub-rule (2) of rule 6 for the application made under that rule along with details of provisional drawback already paid and the grant of further provisional drawback shall be considered in the manner and subject to the conditions specified in clauses (b) and (c) of sub-rule (2), and sub-rule (3) of rule 6, subject to the condition that bond required to be executed by the claimant shall only be for the difference between amount or rate of drawback determined under rule 3 or, as the case may be, revised under rule 4 by the Central Government and the provisional drawback authorised by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, under this rule. (4) Where the Central Government considers it necessary so to do, it may,- (a) revoke the rate of drawback or amount of drawback determined under sub-rule (2) by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be; or (b) direct the Principal Commissioner of Customs or the Commissioner of Customs, as the case may be, to withdraw the rate of drawback or amount of drawback determined. Explanation. - For the purpose of this rule, "place of export" means customs station or any other place appointed for loading of export goods under section 7 of the Customs Act, 1962 ( 52 of 1962 ) from where the exporter has exported the goods or intends to export the goods in respect of which determination of amount or rate of drawback is sought. ### 8. Cases where no amount or rate of drawback is to be determined. - No amount or rate of drawback shall be determined in respect of any goods or class of goods under rule 6 or rule 7, as the case may be, if the export value of each of such goods or class of goods in the bill of export or shipping bill is less than the value of the imported materials used in the manufacture of such goods or class of goods, or is not more than such percentage of the value of the imported materials used in the manufacture of such goods or class of goods as the Central Government may, by notification in the Official Gazette, specify in this behalf. ### 9. Upper Limit of Drawback amount or rate. - The drawback amount or rate determined under rule 3 shall not exceed one third of the market price of the export product. ### 10. Power to require submission of information and documents. - For the purpose of - (a) determining the class or description of materials or components used in the production or manufacture of goods or for determining the amount of duty paid on such materials or components; or (b) verifying the correctness or otherwise of any information furnished by any manufacturer or exporter or other persons in connection with the determination of the amount or rate of drawback; or (c) verifying the correctness or otherwise of any claim for drawback; or (d) obtaining any other information considered by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, to be relevant or useful, any officer of the Central Government specially authorised in this behalf by an Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may require any manufacturer or exporter of goods or any other person likely to be in possession of the same to furnish such information and to produce such books of account and other documents as are considered necessary by such officer. ### 11. Access to manufactory. - Whenever an officer of the Central Government specially authorised in this behalf by an Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, considers it necessary, the manufacturer shall give access at all reasonable times to the officer so authorised to every part of the premises in which the goods are manufactured, so as to enable the said officer to verify by inspection the process of, and the materials or components used for the manufacture of such goods, or otherwise the entitlement of the goods for drawback or for a particular amount or rate of drawback under these rules. ### 12. Procedure for claiming drawback on goods exported by post (1) Where goods are to be exported by post under a claim for drawback under these rules,- (a) the outer packing carrying the address of the consignee shall also carry in bold letters the words "Drawback Export"; (b) the exporter shall deliver to the competent Postal Authority, alongwith the parcel or package, a claim in the Form at Annexure I, in quadruplicate, duly filled in. (2) The date of receipt of the aforesaid claim form by the proper officer of Customs from the postal authorities shall be deemed to be date of filing of drawback claim by the exporter for the purpose of section 75A and an intimation of the same shall be given by the proper officer of Customs to the exporter in such form as the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may prescribe. (3) In case the aforesaid claim form is not complete in all respects, the exporter shall be informed of the deficiencies therein within fifteen days of its receipt from postal authorities by a deficiency memo in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, and such claim shall be deemed not to have been received for the purpose of sub-rule (2). (4) When the exporter complies with the requirements specified in the deficiency memo within thirty days of its return, he shall be issued an acknowledgement by the proper officer in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, and the date of such acknowledgement shall be deemed to be date of filing the claim for the purpose of section 75A. ### 13. Statement/Declaration to be made on exports other than by Post (1) In the case of exports other than by post, the exporters shall at the time of export of the goods - (a) state on the shipping bill or bill of export, the description, quantity and such other particulars as are necessary for deciding whether the goods are entitled to drawback, and if so, at what rate or rates and make a declaration on the relevant shipping bill or bill of export that- (i) a claim for drawback under these rules is being made; (ii) in respect of duties of Customs and Central Excise paid on containers, packing materials and materials used in the manufacture of the export goods on which drawback is claimed, no separate claim for rebate of duty under the Central Excise Rules, 2002 or any other law has been or will be made to the Central excise authorities: Provided that if the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, is satisfied that the exporter or his authorised agent has, for reasons beyond his control, failed to comply with the provisions of this clause, he may, after considering the representation, if any, made by such exporter or his authorised agent, and for reasons to be recorded, exempt such exporter or his authorised agent from the provisions of this clause; (b) furnish to the proper officer of Customs, a copy of shipment invoice or any other document giving particulars of the description, quantity and value of the goods to be exported. (2) Where the amount or rate of drawback has been determined under rule 6 or rule 7, the exporter shall make an additional declaration on the relevant shipping bill or bill of export that - (a) there is no change in the manufacturing formula and in the quantum per unit of the imported materials or components, if any, utilised in the manufacture of export goods; and (b) the materials or components, which have been stated in the application under rule 6 or rule 7 to have been imported, continue to be so imported and are not being obtained from indigenous sources. ### 14. Manner and time for claiming drawback on goods exported other than by post. (1) Electronic shipping bill in Electronic Data Interchange (EDI) under the claim of drawback or triplicate copy of the shipping bill for export of goods under a claim of drawback shall be deemed to be a claim for drawback filed on the date on which the proper officer of Customs makes an order permitting clearance and loading of goods for exportation under section 51 and said claim for drawback shall be retained by the proper officer making such order. (2) The said claim for drawback should be accompanied by the following documents, namely:- (i) copy of export contract or letter of credit, as the case may be; (ii) copy of ARE-1, wherever applicable; (iii) insurance certificate, wherever necessary; and (iv) copy of communication regarding rate of drawback where the drawback claim is for a rate determined by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, under rule 6 or rule 7 of these rules. (3) (a) If the said claim for drawback is incomplete in any material particulars or is without the documents specified in sub-rule (2) , shall be returned to the claimant with a deficiency memo in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, within 10 days and shall be deemed not to have been filed for the purpose of section 75A. (b) where the exporter resubmits the claim for drawback after complying with the requirements specified in the deficiency memo, the same will be treated as a claim filed under sub-rule (1) for the purpose of section 75A. (4) For computing the period of one month prescribed under section 75A for payment of drawback to the claimant, the time taken in testing of the export goods, not more than one month, shall be excluded. ### 15. Payment of drawback and interest. (1) The drawback under these rules and interest, if any, shall be paid by the proper officer of Customs to the exporter or to the agent specially authorised by the exporter to receive the said amount of drawback and interest. (2) The officer of Customs may combine one or more claims for the purpose of payment of drawback and interest, if any, as well as adjustment of any amount of drawback and interest already paid and may issue a consolidated order for payment. (3) The date of payment of drawback and interest, if any, shall be deemed to be, in the case of payment - (a) by cheque, the date of issue of such cheque; or (b) by credit in the exporter’s account maintained with the Custom House, the date of such credit. ### 16. Supplementary claim. (1) Where any exporter finds that the amount of drawback paid to him is less than what he is entitled to on the basis of the amount or rate of drawback determined by the Central Government or Principal Commissioner of Customs or Commissioner of Customs, as the case may be, he may prefer a supplementary claim in the form at Annexure II: Provided that the exporter shall prefer such supplementary claim within a period of three months, - (i) where the rate of drawback is determined or revised under rule 3 or rule 4, from the date of publication of such rate in the Official Gazette; (ii) where the rate of drawback is determined or revised upward under rule 6 or rule 7, from the date of communicating the said rate to the person concerned; (iii) in all other cases, from the date of payment or settlement of the original drawback claim by the proper officer: Provided further that - (i) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of nine months and that the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may further extend the period by a period of six months; (ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal; (iii) an application fee equivalent to 1% of the FOB value of exports or one thousand rupees whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or two thousand rupees whichever is less, shall be payable for applying for grant of extension by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (2) Save as otherwise provided in this rule, no supplementary claim for drawback shall be entertained. (3) The date of filing of the supplementary claim for the purpose of section 75A shall be the date of affixing the Dated Receipt Stamp on such claims which are complete in all respects and for which an acknowledgement shall be issued in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (4) (a) Claims which are not complete in all respects or are not accompanied by the required documents shall be returned to the claimant with a deficiency memo in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be within fifteen days of submission and shall be deemed not to have been filed. (b) Where the exporter resubmits the supplementary claim after complying with the requirements specified in the deficiency memo, the same will be treated as a claim filed under sub-rule (1) for the purpose of section 75A. ### 17. Repayment of erroneous or excess payment of drawback and interest. - Where an amount of drawback and interest, if any, has been paid erroneously or the amount so paid is in excess of what the claimant is entitled to, the claimant shall, on demand by a proper officer of Customs repay the amount so paid erroneously or in excess, as the case may be, and where the claimant fails to repay the amount it shall be recovered in the manner laid down in sub-section (1) of section 142 of the Customs Act, 1962 ( 52 of 1962 ). ### 18. Recovery of amount of Drawback where export proceeds not realised. (1) Where an amount of drawback has been paid to an exporter or a person authorised by him (hereinafter referred to as the claimant) but the sale proceeds in respect of such export goods have not been realised by or on behalf of the exporter in India within the period allowed under the Foreign Exchange Management Act, 1999 ( 42 of 1999 ), including any extension of such period, such drawback shall, except under circumstances or conditions specified in sub-rule (5) , be recovered in the manner specified below: Provided that the time-limit referred to in this sub-rule shall not be applicable to the goods exported from the Domestic Tariff Area to a special economic zone. (2) If the exporter fails to produce evidence in respect of realisation of export proceeds within the period allowed under the Foreign Exchange Management Act, 1999, or any extension of the said period by the Reserve Bank of India, the Assistant Commissioner of Customs or the Deputy Commissioner of Customs, as the case may be, shall cause notice to be issued to the exporter for production of evidence of realisation of export proceeds within a period of thirty days from the date of receipt of such notice and where the exporter does not produce such evidence within the said period of thirty days, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, shall pass an order to recover the amount of drawback paid to the claimant and the exporter shall repay the amount so demanded within thirty days of the receipt of the said order: Provided that where a part of the sale proceeds has been realised, the amount of drawback to be recovered shall be the amount equal to that portion of the amount of drawback paid which bears the same proportion as the portion of the sale proceeds not realised bears to the total amount of sale proceeds. (3) Where the exporter fails to repay the amount under sub-rule (2) within said period of thirty days referred to in sub-rule (2), it shall be recovered in the manner laid down in rule 17. (4) Where the sale proceeds are realised by the exporter after the amount of drawback has been recovered from him under sub-rule (2) or sub-rule (3) and the exporter produces evidence about such realisation within a period of three months from the date of realisation of sale proceeds, the amount of drawback so recovered shall be repaid by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, to the claimant provided the sale proceeds have been realised within the period permitted by the Reserve Bank of India: Provided that- (i) the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of nine months provided the sale proceeds have been realised within the period permitted by the Reserve Bank of India; (ii) an application fee equivalent to 1% of the FOB value of exports or one thousand rupees whichever is less, shall be payable for applying for grant of extension by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (5) Where sale proceeds are not realised by an exporter within the period allowed under the Foreign Exchange Management Act, 1999 ( 42 of 1999 ), but such non-realisation of sale proceeds is compensated by the Export Credit Guarantee Corporation of India Ltd. under an insurance cover and the Reserve Bank of India writes off the requirement of realisation of sale proceeds on merits and the exporter produces a certificate from the concerned Foreign Mission of India about the fact of non-recovery of sale proceeds from the buyer, the amount of drawback paid to the exporter or the claimant shall not be recovered. ### 19. Power to relax. - If the Central Government is satisfied that in relation to the export of any goods, the exporter or his authorised agent has, for reasons beyond his control, failed to comply with any of the provisions of these rules, and has thus been entitled to drawback, it may, after considering the representation, if any, made by such exporter or agent, and for reasons to be recorded in writing, exempt such exporter or agent from the provisions of such rule and allow drawback in respect of such goods. ### 20. Repeal and saving. (1) From the commencement of these rules, the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 shall cease to operate. (2) Notwithstanding such cesser of operation - (a) every application made by a manufacturer or an exporter for the determination or revision of the amount or rate of drawback in respect of goods exported before the commencement of these rules but not disposed of before such commencement shall be disposed of in accordance with the provisions of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 as if these rules had not been made; (b) any claim made by an exporter or his authorised agent for the payment of drawback in respect of goods exported before the commencement of these rules but not disposed of before such commencement shall be disposed of in accordance with the provisions of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 as if these rules had not been made; every amount or rate of drawback determined under the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 and in force immediately before the commencement of these rules shall cease to operate in respect of goods exported on or after commencement of these rules. Annexure-I Form for claim of drawback under rule 12 Original Duplicate Triplicate Quadruplicate Part-I Ref. Dbk. Invoice No. Dated: Particulars Of Goods To Be Exported By Parcel Post Under Claim For Drawback Form No. To The Assistant/ Deputy Commissioner of Customs (Drawback) Foreign Post Office \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. We, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ propose to export the undermentioned consignment. Name and Address of the Consignee \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Date of Parcels | Gross Weight | Marks/ No. of Pcs. | Qty. | FOB Value | Rate of Net Dbk. | Weight | Amount Rs. P. | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | | | | | | | | | | | ### 1. Certified that goods were not taken into use after the manufacture. ### 2. Certified that no separate claim for rebate of duty has been made or will be made to the Central Excise Authorities under rule 18 or rule 19 of Central Excise Rules, 2002 and that the Customs and Central Excise duty has been paid on the raw materials used in the manufacture of the goods. We hereby declare that the declaration made herein is true and correct. Strike out whatever is not applicable. | | | | --- | --- | | Dated: | Signature | | Place: | Name | | | Official seal of the Exporter | Part-II I have examined the above parcels which contain \_\_\_\_\_\_\_\_\_\_\_ detailed above. The parcels have been packed in my presence and sealed by me with lead/wax seal No. \_\_\_\_\_\_\_ bearing the following particulars \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. | | | | --- | --- | | Date: | Signature of the officer who examined and sealed the consignment | | Place: | Certified that the above noted parcels were examined, packed and sealed under my supervision. | | | | --- | --- | | Date: | Signature of Supdt. Of Customs/Central Excise | | Place: | Part-III Forwarded alongwith \_\_\_\_\_\_\_\_ parcels to the Superintendent, foreign Post Office, New Delhi. Postal receipt No. \_\_\_\_\_\_\_\_\_\_\_\_\_. Post Master Post Office Date and Seal of Post Office Part-IV Inspected \_\_\_\_\_\_\_\_\_\_\_\_ parcels and found the seal intact. Examined \_\_\_\_\_\_\_\_\_ parcels where the seals were not found intact. Pass for export Please detain for further action | | | | --- | --- | | Date: | Signature of Examiner/ Inspector | | Place: | Post Appraising Department | | Seal of Office | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | (Place) | Part-V Certified that the parcels detailed herein have been exported out of India on \_\_\_\_\_\_\_\_\_\_\_\_ by \_\_\_\_\_ Air/ Sea Ex. S.S. \_\_\_\_\_\_\_\_\_\_\_\_. Forwarded to the Commissioner/ Principal Commissioner of Customs \_\_\_\_\_\_\_\_\_\_\_. | | | | --- | --- | | Date: | Signature of Examiner/ Inspector | | Place: | Foreign Post Office | Annexure-II Application for supplementary claim for drawback under rule 16 (Where the drawback received falls short of the rate finally fixed by the Government, application for supplementary claim of drawback should be made in the following form) To The Assistant/ Deputy Commissioner of Customs-in-charge Drawback Department We hereby make a supplementary claim for drawback of Customs/Central Excise which has been less paid to us as explained therein. ### 1. Exporter (a) Name (b) Address (c) Telephone No. (d) Name of Clearing Agent ### 2. Goods Exported (a) Description (b) Quantity (i) Gross (ii) Net (c) Marks & No. (d) Destination (e) Shipping Bill No. & Date ### 3. Vessel (a) Name (b) Rotation No. ### 4. Drawback already paid (a) Amount (b) Custom House Reference No. (c) Quantity/Value on which allowed (d) Rate at which allowed ### 5. Drawback not claimed (a) Amount (b) Quantity/Value on which allowed (c) Rate at which claimed ### 6. Reason for the supplementary claim. ### 7. No. of documents enclosed\* Declaration ### 1. I/We hereby declare that the supplementary claim of drawback is based on the Customs and Central Excise duties paid on the raw materials used in the manufacture of goods exported and that the duties so paid have not been claimed as rebate under the Central Excise Rules, 2002. ### 2. I/We hereby declare that the declaration made herein is true and correct. Signature Designation
65ba71c7ab84c7eca86eb580
acts
Union of India - Act ---------------------- The Sikh Gurdwaras Board Election Rules, 1959 ----------------------------------------------- UNION OF INDIA India The Sikh Gurdwaras Board Election Rules, 1959 =============================================== Rule THE-SIKH-GURDWARAS-BOARD-ELECTION-RULES-1959 of 1959 ----------------------------------------------------------- * Published on 16 July 1959 * Commenced on 16 July 1959 The Sikh Gurdwaras Board Election Rules, 1959 Published vide Punjab Government Notification No. 1207 Gurdwaras, dated the 16th July, 1959. ### 1108. ### 1. Short title. - These rules may be called the Sikh Gurdwaras Board Election Rules 1959. ### 2. Definitions. - In these rules unless the context otherwise requires, - (a) "Act" means the Sikh Gurdwaras Act, 1925; (b) "agent" means any person appointed in writing by a candidate at an election to be agent for the purpose of these rules, with the acceptance in writing by such person of the office of such agent, whether as election agent, polling agent or counting agent; (c) "Board", "Commissioner", "Gurdwara Election" and "Resident" shall have the same meaning as are respectively assigned to them in the Act; (d) "constituency" means a constituency for the election of a member or members of the Board; (e) "election" means an election to fill a seat or seats in the Board and "elector", in relation to a constituency means a person whose name is for the time being entered in the electoral roll of the that constituency; (f) "form" means a form appended to these rules and includes a translation thereof in any other language; (g) "non-reserved seat" means a seat not reserved for Scheduled Castes [or for women] [Added by Notification No. G.S.R. No. 278(E) , dated 4.4.2002 (w.e.f. 16.7.1959)] ; (h) "reserved seat" means a seat reserved for Schedule Castes [or for women] [Added by Notification No. G.S.R. No. 278(E) , dated 4.4.2002 (w.e.f. 16.7.1959)] ; (i) "roll" means the electoral roll of a constituency; and (j) "Scheduled Castes" means all such castes, races or tribes or parts of or groups within such castes, races or tribes as have been specified to be `Scheduled Castes' in relation to [the concerned State] [ The words [the State of Punjab] substituted by Central Government Notification dated 26.7.1978.] under Article 341 of Constitution of India. (k) ["State" means the State of Punjab or the State of Haryana or the State of Himachal Pradesh in relation to the transferred territory within the meaning of the Punjab Reorganisation Act, 1966, or the Union Territory of Chandigarh as the case may be] [Added by Central Government Notification dated 26.7.1978.] ### 3. Registration of voters. (1) Any Sikh more than twenty one years of age, who wishes to have his name registered as a voter in any constituency in which he is resident, may register his name with the Patwari of the Revenue estate in which he is resident or, if he is a resident in a town, with such person as the Deputy Commissioner of the district in which such town is situated may appoint for the purpose by notice posted at his office and at the office of the local authority of such town, or with the Secretary of local authority, if the Deputy Commissioner does not post any notice in respect of the appointment of any such person, provided that if he is a resident in more than one constituency, he shall not register his name as a voter in more than one constituency and his name, shall, subject to the provisions of these rules, remain registered as voter in the constituency in which he elects first to have it registered and shall not be registered in any other constituency so long as he remains a resident in the constituency in which he elects first to have his name registered : Provided that no person shall be registered who does not make a declaration as set out in [Form I] [Substituted 'Form I and Form IA, as may be appropriate' by Notification No. G.S.R. 1005(E) , dated 8.8.2017 (w.e.f. 16.7.1959).] appended to these rules either, if he be literate, by signing the form after striking out inapplicable matter, or if he be illiterate by repeating the declaration, as read out from the form after striking out matter inapplicable to the case, and thereafter thumb-marking the form. (2) If a patwari or any person appointed by the Deputy Commissioner for the registration of names under the provisions of sub-rule (1), or the Secretary of the local authority as the case may be, refuses or neglects to enter the name of any person who applies to have his name registered, such person may at any time during the preparation of the electoral rolls apply to the Deputy Commissioner to have his name registered and if such person is entitled to have his name registered, the Deputy Commissioner shall direct to registration of his name. 4. Returning Officer. - (1) For every constituency, the Commissioner, Gurdwara Elections of the State in which the constituency is situated, shall by notification in the Official Gazette, appoint a Returning Officer who shall be an officer of the Government, not below the rank of an Assistant Commissioner or Extra Assistant Commissioner : Provided that nothing in this rule shall prevent the Commissioner, Gurdwara Election from appointing the same person to be the returning officer for more than one constituency. (2) It shall be the general duty of the returning officer at any election to do all acts and things as may be necessary for effectually conducting the election in the manner provided by the Act and the rules or orders made thereunder. [(3) The returning officer may delegate any of his functions to any officer of the rank of Assistant Commissioner or Extra Assistant Commissioner, if he is unavoidably prevented from performing the same.] [Substituted vide MOH Notification No. G.S.R. 376(E) , dated 23.8.1996.] [4-A General duties of the Deputy Commissioner. - The Deputy Commissioner shall co-ordinate and supervise all work in connection with the conduct of the election in all the constituencies or parts thereof falling within the district.] [Inserted vide MOH Notification No. G.S.R. 376(E) , dated 23.8.1996.] ### 5. [ Form of rolls. - [Substituted by Central Government Notification dated 26.7.1978.] The ross for each constituency shall be in such form and in such language as the Chief Commissioner, Gurudwara Elections, may specify.] ### 6. Preparation and publication of preliminary rolls. (1) The Deputy Commissioner shall commence the preparation of the roll on such date as the [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] may direct, and, as soon as may be, after the roll is prepared shall publish it together with a notice giving the names and designations, or, in the case of officials, the designations only, and the addresses, of the revising authorities to whom claims or objections relating to the roll may be presented and the date, not less than twenty-one days from the date of publication of the roll by which such claims or objections must be presented. (2) The roll and the notice prescribed in sub-rule (1) shall be published by being posted up at the office of the returning officer and at the office of the Deputy Commissioner of each district in which a part of the constituency is situated; and such portion of the roll as the returning officer may deem fit together with the notice shall be posted up at the office of each tahsil in which the area comprising the constituency or part thereof is situated at the office of every patwari, [-] [The words [at every post office] omitted by Central Government Notification dated 28.9.1978.] by and at every Notified Sikh Gurdwara situated in such area : Provided that it shall not be necessary to post the notice or the roll at the office of any patwari in whose circle no voter has been registered as a resident [-] [The words [nor at any post office in the area served by which no voter has been registered as a resident]omitted by Central Government Notification dated 28.9.1978.] . [Provided further that the roll published at the office of the Deputy Commissioner shall not be rendered invalid on the ground merely that it does not contain the roll in relation to any part or parts of a constituency which have become inaccessible due to climatic conditions or otherwise] [Proviso added by Central Government Notification dated 28.7.1978.] . ### 7. Application and jurisdiction of revising authority. - The Deputy Commissioner may appoint any person whom he deems fit to act as a revising authority and may specify the revenue estate, municipal area, notified area, cantonment area, zail, patwar circle, tahsil, sub-division or district from residents of which such revising authority may receive claims or objections with regard to a roll. ### 8. Presentation of claims and objections with regard to roll. (1) When a roll has been published under the provisions of rule 6, claims and objections relating to the inclusion of names in, or other exclusion from, the roll may be presented to the appropriate revising authority named in the notice published with the roll by the date specified in such notice provided that :- (a) a claim or objection shall not relate to more than one person, shall be in writing, shall be verified by the claimant or the objector and shall be presented to the appropriate revising authority personally by the claimant or objector or by an agent duly authorised in writing or be sent by the post of the revising authority, so as to reach him within the specified period; and (b) a claim or objection not lodged within the specified period shall be rejected. (2) When objection is made to the inclusion in the electoral roll of any person whose name appears therein or to any particular in any entry in the roll, such objection shall contain in respect of such person or entry as the case may be all the particulars entered in the roll and shall be lodged in triplicate. (3) No person shall prefer an objection to the inclusion of any name in the electoral roll for a constituency unless his name is already included in the electoral roll of that constituency. (4) No application for the transfer of a name from the electoral roll of one constituency to that of another constituency shall be entertained. If any person desires such a transfer, he shall prefer an objection to the inclusion of his name in the former roll, and a separate claim for the registration of his name in the latter roll. (5) The revising authority shall maintain registers of claims and objections in form II and III in which he shall cause to be entered at the time of its receipt particulars of every claim or objection received. ### 9. Posting of list of claims and objections. (1) When a revising authority receives an objection presented under the provisions of rule 8, he shall cause one copy of it to be served on the person to whom objection pertains, provided that if an objection or claim is presented by a person from whom he is not authorised to receive it under the provisions of rule 7, he shall return it to the person presenting it for presentation to the appropriate revising authority. (2) Subject to such instructions as may from time to time be issued in this behalf by the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] the revising authority shall post at his office a list of all claims and objections received in time together with a notice showing the dates on which and the places at which such claims and objections will be heard, provided that in no case shall a date be fixed less than seven days or more than twenty-eight days from the date on which such list is posted. ### 10. Disposal of claims and objections. (1) On the date and at the place fixed under the provisions of rule 9, the revising authority shall call up the cases in the order in which they are entered in the list, shall dismiss any case in which the claimant or objector is not present or is not represented and shall pass such order in any other case as he may deem fit after hearing the parties concerned or their authorised agent and such evidence as may be produced and may appear to him to be necessary. (2) The orders of a revising authority passed under the provisions of sub-rule (1) shall be final. (3) A revising authority, as soon as he has disposed of all claims and objections presented to him, and, in any case, not later than thirty days from the date by which under the provisions of sub-rule (1) of rule 6 claims and objections must be presented shall communicate each one of his decisions to the Deputy Commissioner who shall cause the electoral roll to be amended in accordance therewith. (4) The revising authority shall also intimate to the Deputy Commissioner to correct any clerical or printing errors which the revising authority may himself discover in the roll. The Deputy Commissioner may also at any time before the publication of the final roll under rule 11, himself correct any clerical or printing errors which he may discover in the electoral roll. ### 11. Final Publication of electoral roll. (1) The Deputy Commissioner shall then cause the roll, so amended, either to be reprinted and republished or if he deems fit shall republish the preliminary roll published under the provisions of sub-rule (1) of rule 6 together with a list of additions and corrections, in the manner provided for the publication of rolls and notices in sub-rule (2) of rule 6. (2) A roll re-published under the provisions of sub-rule (1) with or without a list of corrections, as the case may be, shall come into force from the date of such republication and shall continue in force for a period of five years when a fresh roll shall be prepared in accordance with these rules provided that [before] [Substituted for the words 'the Punjab Government' by Central Government Notification dated 26.7.1978.] [the Central Government] [Substitued for the words 'therefore' by Central Government Notification dated 26.7.1978.] may, by notification, direct the preparation in accordance with these rules of a fresh roll at any time before the expiry of the said period. (3) If a constituency is called upon to elect a member or members after an electoral roll has ceased to have force and the completion of the new electoral roll, the old electoral roll shall, for the purpose of that election, continue to operate as the electoral roll for the constituency. (4) (a) Any person whose name is not included in the electoral roll of a constituency may apply in the manner hereinafter provided for the inclusion of his name in that electoral roll. (b) Where an application under clause (a) is made at any time after the issue of a notice calling upon the constituency to elect a member or members and before the completion of that election, it shall be made to the Deputy Commissioner of the district in which the constituency is situated, or if the constituency extends over more than one district, to the Deputy Commissioner within whose jurisdiction the applicant resides, and in other cases it shall be made to the returning officer of the constituency. (c) The Deputy Commissioner or the returning officer, as the case may be shall, if satisfied after such notice and such enquiry as he thinks fit that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: Provided that if the applicant is registered in the electoral roll of any other constituency, the Deputy Commissioner, or the returning officer, as the case may be, shall inform the returning officer of that constituency, and that officer shall on receipt of the information, strike off the applicant's name from that electoral roll. (d) Where an application made under this rule is rejected, an appeal shall lie to the [concerned Commissioner Gurudwara Elections] [Substituted for the words 'Commissioner, Gurudwara Elections' by Central Government Notification dated 26.7.1978.] within fifty days from the date of such rejection. (e) No application or appeal under this sub-rule shall be entertained unless it is accompanied by a fee of - (i) one rupee in the case of application to the returning officer; (ii) five rupees in the case of an application to the Deputy Commissioner; and (iii) five rupees in the case of an appeal to the [concerned Commissioner Gurudwara Elections] [Substituted for the words 'Commissioner, Gurudwara Elections' by Central Government Notification dated 26.7.1978.] . (f) The fee prescribed under clause (c) shall in no case be refuned. (g) When a direction is issued under sub-rule (4) the electoral roll to which such direction relates, shall be deemed to have been revised accordingly. ### 12. Correction of clerical error in rolls. - Any person whose name is on the roll of a constituency may apply in writing to the returning officer or to the appropriate revising authority for the correction of any error in the entry in the roll relating to his name which is a clerical error or a mistake in the entry of any particular which does not affect his right to be entered in the roll, and the returning officer or revising authority, as the case may be, may at any time make or cause to be made such correction in the roll as he may deem necessary in respect of such entry. ### 13. Dates for various stages of election. - (1) The [Chief Commissioner, Gurudwara Elections] [Substituted for the [Commissioner, Gurdwara Elections] by Central Government Notification dated 26.7.1978.] shall, by notification the Official Gazette [of the State or States concerned] [Inserted vide MOH Notification No. G.S.R. 376(E) , dated 23.8.1996.] , fix the date or dates on, by or within which - (i) the nomination papers shall be presented; (ii) the list of nomination papers shall be posted; (iii) the nomination papers shall be scrutinised; (iv) applications for the revision of the order of the authority scrutinising the nomination papers may be made to the Deputy Commissioner; (v) the revision applications shall be decided; (vi) a candidate may withdraw his candidature; (vii) the list of valid nomination papers shall be posted; (viii) the list of polling stations shall be posted; (ix) the polling shall be held; and (x) the result of election shall be declared : Provided that the last date for the nomination of candidates for election shall be fixed not less than [twenty days] [Substituted for [thirty days] by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] before the date fixed for the poll and not less than [seven days] [Substituted for the words 'fifteen days' by Central Government Notification dated 26.7.1978.] after the date of the publication of the notice and the date for the scrutiny of nominations shall be fixed not more than seven days from the last date for the nomination of candidates. (2) The returning officer shall publish a copy f the notification fixing the dates under sub-rule (1) at his office and the places at which the elector roll is required to be published. (3) The Commissioner, Gurdwara Elections, may by notification in the official Gazette, order a change in any of the dates fixed under sub-rule (1) at any time : Provided that unless the Commissioner, Gurdwara Elections, otherwise directs no such order shall be deemed to invalidate any proceedings taken before the date of the order. ### 14. Notification of symbols. (1) The [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] shall by notification in the official Gazette, publish a list of symbols and may in like manner add to or vary such list. (2) In each constituency every nomination paper delivered under rule 15 shall also be accompanied by a declaration in writing specifying the particular symbol which the candidate has chosen for his first preference out of the list of symbols published under sub-rule (1) and also specifying two other symbols out of that list which he has chosen for his second and third preference, respectively : Provided that the choice to be made by a candidate under this sub-rule shall be subject to such restrictions as the [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] may think fit to impose in that behalf. ### 15. Nomination of candidates. (1) Any person not ineligible for membership of the Board under the provisions of section 45 of the Act may be nominated as a candidate for election : Provided that - (a) on or before the date fixed for the nomination of candidates under the provisions of rule 13, between the hours of 11 O'clock in the forenoon and 3 O'clock in the afternoon, he shall deliver, either in person or by his proposer or by an agent appointed by authority in writing, signed by the candidate and verified by a magistrate, sub-registrar, sarpanch, nayaye pradhan, lambardar or member of Legislature or local body to the returning officer or any other officer appointed by him in this behalf a nomination paper completed in form IV and subscribed by the candidate himself as assenting to the nomination and by one person as proposer, whose name is included in the roll of the constituency concerned published under the provisions of rule 11; (b) no person shall subscribe as proposer a number of nomination papers greater than the number of members to be elected to represent the constituency in question, and if a person has subscribed a large number of nomination papers than there are vacancies to be filled, only those of the papers so subscribed which have been first received up to the number of such vacancies shall be deemed to be valid. (2) In a constituency where there is a [the seat the member of schedule cast] [Substituted for the words 'reserved seat' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] , no candidate shall be deemed to be qualified to be chosen to fill that seat unless he furnishes to the returning officer, either at the time of the presentation of the nomination paper or at the time of scrutiny thereof, a declaration verified by the candidate on oath or solemn affirmation before a Magistrate, that the candidate is a member of the Scheduled Castes for which the seat has been so reserved and the declaration specifies the particular caste to which the candidate belongs. (3) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: Provided that the returning officer may - (a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them in conformity with the corresponding entries in the electoral rolls, and (b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked. ### 16. Deposits. - (1) On or before the date appointed for the nomination of candidates, each candidate shall deposit or cause to be deposited with the returning officer in the treasury or a sub-treasury of Reserve Bank a sum of [one thousand] [Substituted for [one hundred] by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] rupees and no candidate shall be deemed to be duly nominated unless such deposit has been made : Provided that not more than one such deposit need be made by any candidate in respect of his candidature for any one constituency : Provided further that where the candidate is a member of the Scheduled Castes the amount to be deposited by him or on his behalf shall be [five hundred rupees] [Substituted for [rupees fifty] by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] . (2) If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature in the manner and within the time specified in the rule 20, except sub-rule (2) thereof, or if the nomination of any such candidate is rejected, the whole deposit shall be returned to the person by whom it was made. (3) If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature within the time specified in sub-rule (2) of rule 20, three-quarters of the deposit shall be returned to the person by whom it was made and the remaining one-quarter shall be forfeited to the State Government. [Explanation. - In this sub-rule and in sub-rules (5) and (6) the expression "State Government" means the Government of the State in which the candidate concerned is registered as voter.] [Explanation added by Central Government Notification dated 26.7.1978.] (4) If a candidate by whom or on whose behalf the deposit has been made dies before the commencement of the poll, the deposit, if made by him, shall be returned in full to his legal representative or, if not made by the candidate, shall be returned in full to the person by whom it was made. (5) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1), has been made is not elected and the number of votes polled by him does not exceed [one sixth of the total number of valid votes polled] [Substituted for the words 'one-eighth of the total number of votes polled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] or, in the case of a constituency returning, more than one member, [one sixth of the total number of valid votes polled] [Substituted for the words 'one-eighth of the total number of votes polled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] divided by the total number of members to be elected in the constituency concerned, the deposit shall be forfeited to the State Government. Explanation. - For the purpose of this sub-rule the number of votes polled shall be deemed to be the number of ballot-papers, other than rejected ballot papers, counted. (6) If a candidate by whom or on whose behalf the deposit, referred to in sub-rule (1), has been made is elected or is not elected, the deposit shall, if it is not forfeited under sub-rule (5), be returned to the candidate or to the person who has made this deposit on his behalf, as the case may be, after the publication of the result of the election in the Official Gazette : Provided that if a candidate is duly nominated at a general election in more constituencies then one, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the State Government. ### 17. List of nominations to be posted. - The returning officer shall, on the date specified under rule 13 in this behalf, post at his office a list of all the candidates, whose nomination papers have been duly presented in accordance with the provisions of rule 15, together with descriptions similar to those contained in the nomination papers of the candidates and of the persons who have subscribed the nomination papers as proposers. ### 18. Candidates, etc., to be allowed to examine nomination papers. - On the date fixed for the scrutiny of nominations under the provisions of rule 13, the candidates, one proposer of each candidate and one agent of such candidate but no other person, may attend at such time and place as the returning officer may appoint, and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates whose names are included in the list of candidates posted under the provisions of rule 17. ### 19. Scrutiny of nominations and decision of objections. (1) On the date fixed for the scrutiny of nominations under the provisions of rule 13, after facilities have been given for the examination of nomination papers under the provisions of rule 18, and if necessary on the next following day, the returning officer or any other officer not below the rank of Extra Assistant Commissioner appointed by the returning officer in this behalf shall examine the nomination papers of all candidates whose names are included in the list of candidates posted under the provisions of rule 17, and shall decide all objections made to any nomination, and may, either on such objections or of his own motion, after such summary enquiry, if any, as he may deem necessary, reject any nomination on any of the following grounds : (a) that the candidate is ineligible for election under the provisions of section 45 of the Act; (b) that a proposer was not qualified to subscribe the nomination paper under the provisions of rule 15; (c) that there has been any failure to comply with any of the provisions of rule 15 or rule 16; (d) that the candidate or his proposer is not identical with the person whose number on the roll is given in the nomination paper as the number of such candidate or proposer, as the case may be; (e) that the signature of the candidate or his proposer is not genuine or has been obtained by force or fraud : Provided that - (i) nothing contained in clause (a) of this sub-rule shall be deemed to authorize the rejection of the nomination of any candidate on the ground that he is ineligible for election owing to his being a patit; (ii) nothing contained in clause (b), (c), (d) or (e) of this sub-rule shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (2) If any question arises whether a candidate is or is not able to read and write Gurmukhi, the candidate shall be deemed to fulfil that qualification if he produces a certificate from the headmaster of a Government or a recognised Khalsa School, of not below the middle standard, to the effect that the candidate can recite Shri Guru Granth Sahib in Gurumukhi and can also write Gurumukhi. (3) The returning officer or other officer appointed under the provisions of sub-rule (1) for the scrutiny of nomination papers shall endorse on each nomination paper his decision accepting or rejecting it, and if he rejects it, shall record in writing a brief statement of his reasons for so rejecting it. (4) Any person aggrieved by any order passed by an authority under sub-rule (1) or sub-rule (3), may, within the date specified under rule 13 in this behalf, present in person or by counsel or by an agent appointed by authority in writing signed by him and verified by a Magistrate, sub-registrar, sarpanch nayaye pardhan, lambardar or a member of Legislature of local authority, to the Deputy Commissioner of the district in which the returning officer is posted an application for revision of such order. (5) When any application for revision of an order has been received under sub-rule (4), the Deputy Commissioner, may, after hearing the applicant or his counsel, confirm such order or, after serving the candidates for election from the constituency with a notice, either personally or by registered post or by affixing its copy to those persons' residence or at the address given in their nomination papers, intimating the date on which the application will be heard, and after hearing the applicant and such other candidates as may appear on the date so intimated, may confirm such order or set it aside and pass such other order as he may deem fit. The order so passed under this sub-rule shall be final. ### 20. Withdrawal of candidate. - [(1) Any candidate may withdraw his candidature by notice in Form IV-A subscribed by him and delivered by him in person or by his agent to the Returning Officer before three O'clock in the afternoon on or before the date specified under Rule 13 in this behalf and the Returning Officer shall publish a notice in Form IV-B in respect of such withdrawal and no person who has thus withdrawn his candidature shall be allowed to cancel his withdrawal or to be re-nominated as a candidate for the same election.] [Substituted by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] (2) The returning officer may allow withdrawal of candidature not less than ten days previous to the date of the commencement of the poll if - (a) in a constituency where there is no reserved seat, the number of remaining candidate is one; (b) in a constituency where there is a reserved seat, the number of remaining candidates is one each for the non-reserved and reserved seat : Provided that withdrawal may also be allowed for the non-reserved or reserved seat alone for which the number of remaining candidate is one. ### 21. Assignment of symbols to candidates. (1) If in any constituency the number of validly nominated candidate exceeds the number of seats to be filled, the returning officer shall, before preparing a list of valid nominations under rule 22, consider the choice as respects symbols expressed by candidates in the declarations referred to in sub-rule (2) of rule 14 delivered by them along with their nomination papers and shall, subject to any general or special directions issued by the [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] in this behalf, assign a different symbol to each candidate in conformity, as far as practicable, with his choice. If more candidates than one indicate their preference for the same symbol, the returning officer shall decide by lot to which of these candidate the symbol shall be assigned. The decision of the returning officer in assigning any symbol to a candidate under this rule shall be final. (2) In every case where a symbol has been assigned to a candidate under sub-rule (1), such candidate or his agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen thereof by the returning officer. ### 22. List of all valid nominations to be posted. (1) On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under the provisions of sub-rule (1) of rule 20 the returning officer, shall forthwith prepare a list of valid nominations and cause it to be posted up in some conspicuous place in his office and at such other places in the constituency as he may deem fit. (2) The list to be posted under sub-rule (1) shall contain the names in alphabetical order in Gurmukhi and address of the validly nominated candidates as given in the nomination papers and indicate the symbol assigned to each candidate. In the case of an election in a constituency where the seats to be filled include a reserved seat, the list shall be divided into two parts, viz., Part `A' and `B'. Part `A' shall contain the names of validly nominated candidates for the non-reserved seat and Part `B' the names of validly nominated candidates for the reserved seat and in both cases the names shall be arranged in alphabetical order separately. (3) If there are two candidates whose names are the same, they shall be distinguished by the addition of their occupation or their village or in such other manner as the returning officer may think fit. ### 23. Death of candidate before poll. - If a candidate dies before the poll and after the date fixed for the nomination of candidates and his nomination is or has been accepted as valid at the time of scrutiny of nomination papers, all proceedings with reference to the election of a member in the constituency or constituencies in which he was candidate shall be commenced anew in all respects as if for a fresh election: Provided that no fresh nomination shall be necessary in the case of a candidate whose name is entered on a list of valid nominations posted under the provisions of rule 22. ### 24. Procedure in uncontested election. (1) The returning officer shall subject to the provisions of rule 23, deem and declare the validly nominated candidate(s) elected if - (a) in a constituency where there is no reserved seat, there is only one validly nominated candidate; (b) in a constituency, where there is a reserved seat, there is only one candidate for each of the non-reserved and reserved seat : Provided that where there is only one validly nominated candidate for the non-reserved or reserved seat, the candidate for that seat alone shall be deemed and declared to be elected. (2) [ The returning officer shall forward the names of the elected candidate (s) to the Chief Commissioner, Gurudwara Elections and, except where a constituency extends over more than one State, also to the concerned Commissioner, Gurudwara Elections.] [Sub-rule (2) substituted by Central Government Notification dated 26.7.1978.] (3) If there is no validly nominated candidate for the non-reserved seat or reserved seat or both, the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] shall fix another date for election to the respectivecategory of seats. ### 25. Procedure in contested election. - If the number of candidates validly nominated in any constituency is more than one, a poll shall be taken on the date or dates specified under rule 13 in this behalf for the election. Provided that in a constituency having reserved seat poll shall be taken for the non-reserved seat or reserved seat, as the case may be, for which the number of validly nominated candidates exceeds one. 25-A Appointment of election agents. - (1) A contesting candidate may appoint in Form IV-C any person to be his election agent and notice of such appointment shall be given by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment. [(2) The revocation of the appointment of the election agent under rule sub-rule (1) shall be made in Form IV-D and shall be lodged with the Presiding Officer and the Returning Officer and in the case of any such revocation the candidate may make fresh appointment in his place. ### 25. -B Appointment of polling agent. (1) A contesting candidate may appoint in Form IV-E any person to be his polling agent and the same shall be handed over to the polling agent for production at the polling station. (2) No polling agent shall be admitted in the polling station unless he has delivered to the Presiding Officer the instrument of his appointment made under sub-rule (1) after duly signing before the Presiding Officer the declaration contained therein. (3) The revocation of the appointment of a polling agent made under sub-rule (1) shall be made in Form IV-F and shall be lodged with the Presiding Officer and in the event of any such revocation the candidate may make fresh appointment in his place.] [Rule 25-A and 25-B added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] ### 26. List of polling stations to be published and polling officers to be appointed. (1) The returning officer shall select such number of polling stations as he may deem necessary and shall, not less than seven days before the first date of the dates fixed for the election, publish in the manner prescribed for the publication of rolls and notices in sub-rule (2) of rule 6 a list showing the polling stations so selected, the polling area for which each such station has been selected and the hours during which each such station shall remain open for the recording of votes, and no person shall be permitted to record his vote except at the polling station of the area to which according to the roll he belongs and during the hours specified in the list. (2) The returning officer shall appoint a presiding officer for each polling station and such other persons (hereinafter referred to as polling officers) to assist the presiding officer as he may deem necessary but he shall not appoint any person who has been employed by or on behalf of or has been otherwise working for, a candidate in or about the election. If the presiding officer, owing to illness or other unavoidable cause, absents himself from the polling station, his functions shall be performed by such polling officer as has been previously authorized by the returning officer to perform such functions during any such absence, and if a polling officer is absent from the polling station, the presiding officer may subject to the restriction imposed above, appoint any person who is present at the polling station to be the polling officer and inform the returning officer accordingly. The returning officer may at any time, if he thinks fit, appoint any other person to act in place of any person previously appointed. (3) The presiding officer shall, in addition to performing any other duties imposed upon by these rules, be in general charge of all arrangements at the polling station and may issue orders as to the manner in which persons shall be admitted to the polling station and generally for the preservation of peace and order at or in the vicinity of the polling station. ### 27. Materials to be supplied at polling stations. - The [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] may direct that before any ballot-paper is delivered to a voter at a polling station, it shall be marked with such official mark as may be specified by him in this behalf, and the official mark so specified shall be kept secret. (2) The returning officer shall provide at each polling station as many ballot-boxes and ballot-papers as may be necessary, instrument for stamping the official mark on the ballot-papers when any direction in this behalf has been issued by the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] copies of the roll or such part thereof as contain the name of the elector entitled to vote at such station and materials sufficient for the purpose of enabling electors to mark the ballot-papers. ### 28. Arrangement for secrecy of voting. - Each polling station shall be furnished with such number of polling compartments, in which electors can record their votes screened from observation, as the presiding officer thinks necessary. ### 29. Ballot-box. (1) Every ballot-box shall be of such design as may be approved by the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] and shall be so constructed that ballot-papers can be inserted there into during the polling but cannot be withdrawn therefrom without the box being unlocked and the seals being broken. (2) One ballot-box shall, at a time, be used in a polling station and the same shall be placed for the receipt of the ballot-papers in the view of the presiding officer, candidates and their agents. ### 30. Notices to be exhibited. - Outside each polling station and each polling compartment there shall be displayed prominently - (i) a notice specifying the polling area the electors of which are entitled to vote at the polling station; (ii) a list of the validly nominated candidates; and (iii) instructions for marking the votes on the ballot-papers. ### 31. Procedure before commencement of poll. (1) The presiding officer shall, immediately before the commencement of the poll, allow inspection of each ballot-box to be used at the poll to the candidates, their election agent and their polling agents who may be present at the polling station and demonstrate to them that it is empty. (2) Where it is necessary to use a paper seal for securing the ballot-box, the presiding officer shall thereafter fix, in the space meant therefor in each such box, a paper seal provided for the purpose. (3) He shall also affix on such paper seal his own signature and signatures or seals of the candidates or of their election or polling agents as may be present and who desire to a fix such signatures or seals and shall then secure and seal each box in their presence in such a manner that the slit in the box for the insertion at the ballot-papers remains open. (4) Where it is not necessary to use a paper seal for securing a ballot-box, the presiding officer shall after demonstration under sub-rule (1) that the ballot-box is empty, secure and seal the box in such a manner that the slit in the box for insertion of ballot papers therein remains open and shall also allow the candidates or their elections or polling agents, who may be present, to affix their own seals on the box, if they so desire. (5) The paper seal or other seals used in a ballot-box shall be affixed in such a manner that it shall not be possible to open the box without the breaking such paper seal or other seals or any thread on which such seals have been affixed. ### 32. Admission to poling station. - The presiding officer shall regulate the number of electors to be admitted at any one time inside the place fixed for the poll and shall exclude therefrom all other persons except - (a) the polling officer; (b) every candidate, his election agent and one polling agent for each candidate; (c) persons authorised by the [Chief Commissioner Gurdwara Elections] [Inserted vide MOH Notification No. G.S.R. 302(E) , dated 30.3.1995.] Commissioner, Gurdwara Elections and the returning officer; (d) public servants on duty [in connection with elections] [Added vide MOH Notification No. G.S.R. 302(E) , dated 30.3.1995.] ; (e) a child in arm accompanying an elector; (f) a persona accompanying a blind on infirm elector who cannot move without help; and (g) such other persons as the presiding officer may from time to time admit for the purpose of assisting him in taking the poll. 33. Form of ballot papers. - (1) Every ballot paper shall have a counterfoil attached thereto and the ballot paper and counterfoil shall be in such form and the particulars therein shall be in such language or languages as the Chief Commissioner Gurudwara Elections may direct. [(2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of validly nominated candidates prepared under Rule 22. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in any other manner as may be directed by the Chief Commissioner Gurudwara Elections.] [Substituted by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] ### 34. Voting to be in person and not by proxy. - The voting shall be by ballot and every elector wishing to record his vote shall do so in person and not by proxy. ### 35. Question to be put to electors. - At any time before a ballot-paper is delivered to an elector, the presiding officer or a polling officer may of his own accord if he has reason to doubt the identity of the elector or his right to vote at the polling station, and shall, if so required by a candidate or his agent, put to the elector the following questions : (a) any you the person enrolled as follows :- (Reading the whole entry relating to the elector from the roll (b) have you already voted at the present election ? (c) such other question as he may deem fit or necessary : and the elector shall not be supplied with a ballot-paper unless he answers the first question in the affirmative and the second question in the negative or if he refuses to answer any other question put to him in pursuance of this rule. ### 36. Special procedure for preventing personation of electors. (1) Subject to the other provisions of this rule, every elector who applies for a ballot-paper or ballot-papers for the purpose of voting at a polling station shall, before receiving such ballot-paper or papers, allow - (a) the inspection of his left forefinger to the presiding officer or any polling officer; and (b) an indelible ink mark to be put on his left forefinger. (2) If any such elector - (a) refuses to allow such inspection of his left forefinger, or (b) persists in doing any act with a view to remove such mark after it has been put, he shall not be entitled to be supplied with any ballot-paper or to record his vote at the election. (3) No person who already has a mark on his left forefinger at the time he enters the polling station shall be supplied any ballot-paper, and if any such person applies for a ballot-paper or ballot-papers, he shall be liable to be arrested and `prosecuted for personation.' (4) Any reference in this rule or in rule 37 to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall, in the case where all this fingers of both the hands are missing, be constructed as a reference to such extremity of his left or right arm as he possesses. ### 37. Procedure for recording of votes. (1) The elector on entering the polling station shall first allow his left forefinger to be inspected by a polling officer for the purpose of ascertaining if he already has any mark of indelible ink on that finger. If there is no such mark, the polling officer-in-charge of the electoral roll shall ascertain the elector's name and address and such other particulars as appear on the roll and, after having checked these by reference to the roll, shall call out the number, name and description of the elector according to the entry in the roll. (2) On the elector's name being called out, the elector shall approach the Polling Officer-in-charge of the ballot papers who shall then cause the left fore-finger of the elector to be marked with indelible ink and shall thereafter deliver a ballot paper or the requisite number of ballot papers to the elector : Provided that before delivering the ballot paper or papers the Polling Officer-in-charge, where a direction has been issued in this behalf under sub-rule (1) of Rule 27, stamp the ballot paper or papers, as the case may be, with such official mark as may have been specified under that rule. [(3) At the time of issuing a ballot paper or papers to an elector the Polling Officer-in-charge shall - (a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll; (b) obtain the signature or thumb impression of the elector on the said counterfoil; and (c) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without further recording therein the serial number of the ballot paper issued to that elector : Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of the ballot paper. (4) Notwithstanding anything contained in sub-rule (3) it would not be necessary for the Presiding Officer or the Polling Officer or any other officer to attest the signature or the thumb impression, as the case may be, of the elector on the counterfoil. (5) No person in the Polling Station shall note down the serial number of the ballot paper or papers issued to particular electors.] [Sub-rule (2) substituted and sub-rule (3) to (5) added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] (6) [] [Sub-rule (3) re-numbered as (6) by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] In deciding the right of a person to obtain a ballot-paper under this rule, the presiding officer at any polling station may interpret an entry in the electoral roll so as to overlook merely clerical or printing error if he is satisfied that such person is identical with the elector to whom such entry relates. ### 38. Identification of elector. - The Presiding Officer may employ at the polling station such person as he thinks fit to assist him any polling officer in identifying the electors. ### 39. Manner of recording votes. (1) The elector on receiving a ballot-paper shall forthwith proceed to one of the polling compartments and there make a mark on the ballot-paper against the name of the candidate for whom he intends to vote in accordance with such instructions as the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] may issue in this behalf. (2) In a constituency where there is a reserved seat, every elector shall be issued two ballot-papers - one (white) for the non-reserved seat and other (coloured) for the reserved seat and he shall mark each ballot-paper in the manner indicated in sub-rule (1). (3) The elector shall then, before quitting the polling compartment, fold his ballot-paper so as to conceal his vote, and after showing to the presiding officer the distinguishing mark, if any, on the ballot-paper, put the ballot-paper so folded into the ballot-box in the presence of the presiding officer. (4) The polling officer shall, when he is so requested by an elector, explain to him instructions for the recording of votes. (5) Every elector shall vote without undue delay and shall quit the polling station as soon as he has put his ballot-paper in the ballot-box. No elector shall remain in a poling compartment longer than is reasonably necessary for marking his vote. (6) No elector shall be allowed to enter a polling compartment when another elector is inside. ### 40. Recording of votes of infirm electors. (1) If owing to blindness or other physical infirmity, an elector is unable to read the ballot-paper or make a mark thereon, the presiding officer shall record the vote on the ballot-paper in accordance with the wishes of the elector and fold it up so as to conceal the vote. (2) The elector shall then himself or with the assistance of the polling officer insert the ballot-paper into the ballot-box. (3) While acting under this rule the polling officer shall observe as much secrecy as feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been given. ### 41. Tendered votes. (1) It a person representing himself to be a particular elector named on the electoral roll applies for a ballot-paper after another person has already voted as such elector, he shall, after duly answering such questions as the polling officer may ask, be supplied with a ballot-paper in form V (hereinafter in the rules referred to as a tendered ballot-paper). (2) Every such person shall, before being supplied with a tendered ballot-paper, sign his name against the entry relating to him in a list in form VI. (3) Such person shall thereafter record on the ballot-paper the name or names of the candidate or candidates for whom he wishes to vote; but if owing to illiteracy or any other reason he is unable to make such record the presiding officer shall do so in accordance with his wishes. (4) The procedure laid down in sub-rule (3) shall be followed with due regard to secrecy. (5) Every such tendered ballot-paper shall forthwith be placed in a separate cover which shall be sealed and all such covers containing tendered ballot-papers shall be kept in a separate packet. ### 42. Challenged votes. (1) If any candidate or his agent declares and undertakes to prove that any person by applying for a ballot-paper has committed the offence of personation, the polling officer may require such person to state his name and address and shall then enter such name and address in the list of challenged votes in form VII and shall require such person to sign such entry or, if he is unable to write to affix his thumb impression thereto and the polling officer shall sign his name across such impression and may further require such person to produce evidence of identification : Provided that no action shall be taken by the polling officer under this sub-rule unless a sum of two rupees has been deposited in cash with the polling officer by the candidate or his agent for each challenge he makes. (2) If the person so challenged refuses to comply with such requisition he shall not be permitted to vote. But if such person does so comply and on being questioned in the manner provided in rule 35 answer the first question in the affirmative and the second question in the negative and replies, satisfactorily to any other question put to him in pursuance of that rule, and if having been required to produce evidence of identification he produces evidence, which the polling officer considers satisfactory, he shall be allowed to vote after he has been informed of the penalty for personation. (3) If the polling officer after such inquiry on the spot as he thinks necessary is of opinion that the challenge made by the candidate or his agent under sub-rule (1) is frivolous and has not been made in a good faith; he shall direct the deposit made under sub-rule (1) to be forfeited to [the Government of the State in which the polling stations is situate] [Substitued for the word "Government" by Central Government Notification dated 26.7.1978.] and his order in this respect shall be final. (4) If the deposit made under sub-rule (1) is not forfeited under sub-rule (3), it shall be returned forthwith to the person by whom it was made. (5) The polling officer shall in every case, whether or not the person challenged is allowed to vote, make a note of the circumstances in the list of challenged votes. ### 43. Spoilt ballot papers. - A voter who has inadvertently dealt with his ballot-paper in such a manner that it cannot conveniently be used as a ballot-paper may, after delivering such ballot paper to the polling officer and satisfying him of such inadvertence, obtain another ballot-paper in place of the spoilt paper, and the latter shall be [marked as spoilt : canceled] [Substituted for the words 'marked as cancelled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] . ### 44. Recording of votes by staff on duty at polling station at which they are not entitled to vote. (1) A presiding officer, a polling officer, any other public servant or a polling agent, who is an elector in a constituency and is, by reason of his being on duty at a polling station, unable to vote at the polling station where he is entitled to do so may, on application, be allowed to record his vote in that constituency by means of the ballot-paper(s) prescribed for the constituency concerned, to be returned to the returning officer of that constituency by post so as to reach him before the date fixed for the declaration of result under rule 13. (2) Every such application shall be addressed to the returning officer of the constituency, shall specify the name of the elector, his address and his electoral roll number and shall be made at least ten days before the date fixed for the poll. (3) If the returning officer is satisfied that the applicant is entitled to vote under sub-rule (1), he shall make arrangements for the supply to him of the ballot-paper(s) by adding the word "postal" thereon. ### 45. Return of ballot-paper by elector. - If an elector after obtaining any ballot-paper for the purpose of recording his vote decides not to use the same, he shall return the ballot-paper to the presiding officer and the ballot-paper so returned shall then be marked as "cancelled - returned" and kept in separate envelope set apart for the purpose and a record shall be kept by the polling officer of all such ballot-papers. ### 46. Closing of polling station. - These polling officer shall close the polling station each day at the hour appointed under the provisions of sub-rule (1) of rule 276 and no ballot-paper shall be issued to any elector after such hour, but all electors present at the place fixed for the poll before it is so closed shall be entitled to have their votes recorded : Provided that if for any reason it was not possible to open the polling station at the hour appointed under the provisions of sub-rule (1) of rule 26, or if by reason of disorder at the polling station, or for any other reason the polling was stopped for a certain time, the presiding officer shall keep the polling station open for a further period equal to the period that elapsed between the hour appointed for the opening of the polling station and the hour at which it was actually opened or the time during which polling was stopped as the case may be. ### 47. Procedure at close of poll. (1) The polling officer of each polling station shall, as soon as practicable after the close of the polling in the presence of the candidates or their agents who may be present, prepare an account of ballot-papers in form VIII. (2) He shall also make up into separate packets - (i) the unused ballot-papers; (ii) the tendered ballot-papers; (iii) the cancelled ballot-papers (returned as well as spoilt); (iv) the marked copy of the electoral roll; (v) the tendered votes list; (vi) the list of challenged votes; (vii) any other paper directed by the returning officer to be kept in a sealed packet; and shall seal each such packet with his own seal and the seals of such candidates or election or polling agents as may desire to affix their seals thereon. (3) He shall forward the account of ballot-papers referred to in sub-rule (1) and the packets referred to in sub-rule (2) to the returning officer, along with the packets referred to in rule 51. ### 48. Fresh poll in case of destruction of ballot-boxes. (1) If at any election any ballot-box or boxes is or are unlawfully taken out of the custody of the presiding officer or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed or lost the election to which such ballot-box or boxes relate shall be liable to be declared as void, but only in respect of the polling station or stations provided for the poll, as the case may be, at which such ballot-box or boxes was or were used and no further. (2) Whenever the polling at any polling station or stations or at the place fixed for the poll shall be liable to be declared as void under sub-rule (1), the presiding officer shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, report the matter to the returning officer, Deputy Commissioner, [concerned Commissioner, Gurudwara Elections and the Chief Commissioner, Gurudwara Elections] [Substitued for the words 'and the Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] . The Deputy Commissioner shall, in the event of his being satisfied, declare the election void and the returning officer shall with the approval of the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] appoint a day for the taking of a fresh poll in such or every such polling station or in such place fixed for the poll and fix the hours during which the poll will be taken : Provided that no fresh poll shall be taken if the difference between the votes secured by the two candidates who have obtained largest numbers of votes is more than the total number of votes entitled to vote at such a polling station or polling stations in the constituency. (3) The provisions of these rules shall apply to every such fresh poll as they apply to the original poll. ### 49. Adjournment of polling in emergencies. (1) If at an election the proceedings at any polling station provided under rule 26 are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the presiding officer shall announce an adjournment of the poll to a date to be specified later, and shall forthwith inform the returning officer. (2) Whenever a poll is adjourned under sub-rule (1), the returning officer shall immediately report the circumstances [to the concerned Commissioner, Gurudwara Elections, and the Chief Commissioner, Gurudwara Elections, and shall as soon as may be, with the approval of the Chief Commissioner, Gurudwara Elections] [Substituted for the words 'to the Commissioner, Gurdwara Elections, and shall as soon as may be with the approval of the Commissioner Gurdwara Elections' by Central Government Notification dated 26.7.1978.] appoint the day on which the poll shall recommence and fix the hours during which the poll will be taken and the votes cast at that polling station shall not be counted until such adjourned poll shall have been completed : Provided that no adjourned poll shall be taken if the difference between the votes secured by the two candidates who have obtained the largest number of votes is more than the total number of votes entitled to vote at such a polling station. 50. Programme for counting of votes. - (1) The Chief Commissioner Gurudwara Elections may direct as to whether the counting of votes is to be done at the polling station itself after the close of the poll or at a different date, time and place. (2) The Returning Officer will appoint constituency-wise number of persons as he may deem necessary to be known as Counting Supervisors and Counting Assistants to assist him in counting of votes. [(3) Where the counting is to be done at a place other than the polling station the Presiding Officer will seal the ballot boxes and election papers in accordance with the provisions of these rules and as per further directions of the Chief Commissioner Gurudwara Elections and deposit the same at the place fixed for this purpose by the Returning Officer for safe custody. (4) Where the counting is to be done by the Returning Officer, reference to the Presiding Officer in Rules 50, 51 and 52 shall be construed as a reference to the Returning Officer. ### 50. -A Intimation of time and place for counting of votes. - Where the counting of votes is to be done by the Returning Officer, he shall, at least seven days before the date or the first of the dates, fixed for poll, appoint the place or places where counting of votes will be done and the date and time at which counting will be done and shall give notice of the same in writing to each candidate or his election agent : Provided that if for any reason the Returning Officer finds it necessary and expedient to do so, he may alter the date, time and place so fixed and inform by giving notice of the same to each candidate or his election agent. ### 50. -B Appointment of counting agents and revocation of such appointment. (1) Each contesting candidate shall, subject to such general or special direction as the Commissioner Gurudwara Election may issue in this behalf, appoint one Counting Agent, for each polling station, one Counting Agent for the table of the Returning Officer if counting is to take place at a different place from the polling station and one counting agent for each of the table on which counting of votes is to be done. (2) Every such appointment shall be made in Form VIII-A in duplicate, one copy of which shall be forwarded to the Returning Officer and the second shall be made over to the Counting Agent for production at the place of counting. (3) No Counting Agent shall be admitted into the place fixed for counting unless he has delivered to the returning Officer or the Presiding Officer, as the case may be his copy of appointment letter after duly completing and signing the declaration contained therein and receiving from the Returning Officer or the Presiding Officer an authority for entry into the place fixed for counting. (4) The appointment of a Counting Agent can be revoked in Form VIII-B and lodged with the returning Officer or the Presiding Officer, as the case may be, and in the event of any such revocation, the candidate may make a fresh appointment in his place. ### 50. -C Admission to the place fixed for counting. (1) The Returning Officer or the Presiding Officer, as the case may be, shall exclude from the place fixed for counting of votes all persons except, - (a) such persons (to be known as Counting Supervisors and Counting Assistants) as he may appoint to assist him in counting; (b) persons authorised by the Chief Commissioner, Gurudwara Elections or the Commissioner, Gurudwara elections; (c) public servants on duty in connection with elections; and (d) candidates, their election agents and counting agents. (2) No person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election, shall be appointed under clause (a) of sub-rule (1). (3) The Returning Officer or the Presiding Officer, as the case may be, shall decide which counting agent or agents shall watch the counting at any particular counting table or group of counting tables. (4) Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer or the Presiding Officer, may be removed from the place where the votes are being counted by the Returning Officer or by any Police Officer on duty or by any person authorised in this behalf by the Returning Officer.] [Rule 50 to 50-C added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [50-D.] [Rule 50 re-numbered as 50-D by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [Counting of votes.] [Substituted by Notification No. G.S.R.278(E) dated 4.4.2002.] - Immediately after the formalities referred to in sub-rules (1) and (2) of rule 47 are completed, the presiding officer shall proceed with the counting of votes as follows:- (a) He shall allow the candidates and their agents, who may be present, to inspect all seals on the ballot-box or ballot-boxes used at the polling station and satisfy them that they are in order. (b) He shall satisfy himself that none of the ballot-boxes has been tampered with. (c) If the polling officer is satisfied that any ballot-box has been tampered with, he shall not count the ballot-papers contained in any ballot-box used at the polling station and shall follow the procedure laid down in rule 48. (d) If the polling officer is satisfied that all the ballot-boxes used at the polling station are intact and have not been tampered with, he shall open them and take out the ballot-papers contained therein and allow the candidates and their agents, who may be present, to inspect the boxes and satisfy them that they are empty. ### 51. Scrutiny and rejection of ballot-papers. (1) The ballot-papers so taken out shall be arranged in convenient bundles and scrutinised. In case where in an election two kinds of ballot-papers have been issued as prescribed in sub-rule (2) of rule 39, they shall be dealt with under this sub-rule separately and procedure laid down in the following sub-rules followed in each case. (2) The presiding officer shall reject a ballot-paper :- (a) if it bears any mark or writing by which the elector can be identified; or (b) if it is a spurious ballot-paper; or (c) if it has been so damaged or mutilated that its identity as a genuine ballot-paper cannot be established; or (d) if it bears a serial number, or is of a design, different from the serial number, or the design, as the case may be, of the ballot-papers authorised for use at the particular polling station; or (e) if it does not bear any mark which it should have borne under the provisions of rule 27; or (f) if votes are given on it in favour of more than one candidate; or (g) if no vote is recorded thereon; or (h) if the mark indicating the vote is placed on the ballot-papers in such a manner as to make it doubtful to which candidate the vote has been given. (3) Before rejecting any ballot-paper under sub-rule (2), the presiding officer shall allow each candidate, his election agent and one of the other agents, who may be present, reasonable opportunity to inspect the ballot-paper, but shall not allow them to handle it or any other ballot-paper. (4) The presiding officer shall endorse the letter `R' on every ballot-paper which he rejects and shall keep a brief record in form IX of every case of rejection. (5) All ballot-papers used at the polling station which are rejected under this rule shall be kept in a separate packet. ### 52. Counting of valid votes. (1) Every ballot-paper which is not rejected under rule 51, shall be deemed to be valid and the votes recorded thereon shall be counted. (2) The presiding officer shall prepare a result sheet in form X in respect of all ballot-papers taken out of the ballot-boxes : Provided that in a constituency having a reserved seat separate result sheets shall be maintained for the non-reserved seat and the reserved seat. (3) After the counting of votes recorded on the ballot-papers contained in the ballot-boxes used at the polling station has been completed and the entry in respect thereof made in form X, the presiding officer shall announce the particulars in such entry. (4) After such announcement has been made, a candidate or, in his absence, his election or counting agent may apply in writing to the presiding officer for a recount of all or any of the ballot-papers already counted stating the grounds on which he demands such recount. (5) On such an application being made, the presiding officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable. (6) Every decision of the presiding officer under sub-rule (5) shall be in writing and contain the reasons thereof. (7) If the presiding officer decides under sub-rule (5) to allow an application either in whole or in part, he shall - (a) count the ballot-papers again in accordance with his decision; (b) amend the result sheet to the extent necessary after such recount; and (c) announce the amendments so made by him. (8) After the particulars of entry have been announced under sub-rule (3) or, in case of recount, under sub-rule (5), the presiding officer shall sign the result sheet and no application for a recount shall be entertained thereafter. (9) After the result sheet has been signed by presiding officer, the ballot-papers shall be kept in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :- (a) the name of the constituency; (b) the particulars of the polling station where the ballot-box(es) was/were used; (c) the names of the candidates; and (d) the date of the poll. (10) Each packet of rejected ballot-papers referred to in sub-rule (5) of rule 15 shall be sealed and the particulars specified in sub-rule (9) shall be recorded thereon. ### 53. Declaration of elected candidates and procedure in case of equality of votes. (1) The presiding officer shall forward the packets containing the valid and rejected ballot-papers and the account of votes cast in favour of each candidate in form X referred to in rule 52 to the returning officer immediately: [Provided that, where any part or parts of a constituency have become inaccessible due to climatic conditions or otherwise the Presiding Officer shall, by the speediest means available, communicate to the Returning Officer, the result of the counting indicating the total number of votes polled at the polling station, number of votes rejected and the number of valid votes secured by each candidate.] [Proviso added by Gazette of India Part III Section 3(1) dt. 2nd March, 1979 Page 338.] (2) On the date fixed for the declaration of result, the returning officer shall open the covers containing the ballot-papers returned to him under rule 44, take out the ballot-paper(s) from each such cover and shall scrutinize the same in the manner laid down in rule 51. The ballot-papers rejected by the returning officer shall be kept by him in a separate packet. (3) The returning officer shall then count the votes recorded on the ballot-papers not rejected by him under sub-rule (2) and shall prepare a result sheet in form X. (4) After the counting of votes recorded on the ballot-papers have been completed and the entry in respect thereof made in form X, the returning officer shall announce the particulars in such entry. (5) After all the valid votes recorded on the ballot-papers have been counted, they shall be kept in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :- (a) the name of the constituency; (b) the names of the candidates; and (c) the date of counting. (6) The packet of rejected ballot-papers referred to in sub-rule (2) shall be sealed and the particulars specified in sub-rule (5) shall be recorded thereon. (7) The returning officer shall then consolidate the result in from XI from the result sheets [as also the information under proviso to sub-rule 1] [Gazette of India Part II section 3(1) dated 2nd March, 1979 Page 338.] received by him from all the presiding officers in the constituency and the result sheet prepared by him under sub-rule (3) and shall declare it in the following manner :- (a) The candidate who is found to have obtained the largest numbers of valid votes shall be declared to have been elected : Provided that the result for non-reserved and reserved seats shall be prepared and announced separately. (b) if, after the counting of votes, tie is found to exist between any candidates, and the addition of one will entitle any of those candidates to be declared elected, that shall forthwith be decided between those candidates by lot, and the candidate on whom the lot falls shall be considered to have received an additional vote and shall be declared to be duly elected. ### 54. Return of result of election and publication of names of elected persons in Gazette. (1) When the counting of votes has been concluded and the result has been declared, the returning officer shall prepare and [forward to the Chief Commissioner, Gurdwara Elections] [Subsitituted for the [forward to the State Government and to the Commissioner, Gurdwara Elections] by Central Government Notification dated 26.7.1978.] a return showing the names of the candidates, the number of valid votes recorded for each and the name and address of the elected candidate and shall post a copy of the return in a conspicuous place at his office : Provided that in a constituency where there is a reserved seat, two separate returns; i.e., one for the candidates for the non-reserved seat and another for the reserved seat shall be prepared, forwarded and posted. [Provided further that, except where a constituency extends over more than one State, the returning officer shall forward the return or returns, as the case may be, to the concerned Commissioner, Gurdwara Elections also.] [Proviso added by Central Government Notification dated 26.7.1978.] (2) After such returns have been received from all the returning officers, the [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] shall publish the names of the persons so elected in the Official Gazette [of the State or States concerned] [Inserted vide MOH Notification No. G.S.R. 376(E) , dated 23.8.1996.] . ### 55. Procedure when a candidate is elected by more than one constituency. (1) If any person is elected by more than one constituency, he shall, by notice in writing signed by him and delivered to the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] within seven days from the date of the publication of the result of such election in the Official Gazette, choose for which of these constituencies he shall serve. (2) If the candidate does not make the choice referred to in sub-rule (1) of this rule within the prescribed time, the [Chief Commissioner, Gurudwara Elections] [The words 'State Government' substituted by Central Government Notification dated 26.7.1978.] shall, within fourteen days from the date of the publication of the result of such election, declare for which constituency he shall serve. The choice under sub-rule (1) or declaration, as the case may be, shall be conclusive. (3) When any such choice or declaration has been made, the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] shall call upon the constituency or constituencies for which such person has not chosen or been declared so serve, to elect another person or persons. ### 56. Custody, production and inspection of election papers. (1) The returning officer shall seal up the parcels of issued and unissued ballot-papers and such parcels together with all other parcels received from the polling stations shall remain in his custody until the expiry of one year from the date of the election when they shall be destroyed subject to any direction to the contrary made by [the Chief Commissioner, Gurdwara Elections, and where there is no Chief Commissioner, Gurdwara Elections, the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.] or by a competent court or by Tribunal appointed to hold an enquiry into an election. (2) While in the custody of the returning officer, the packet of ballot-papers, whether valid, rejected or tendered and of the marked copy of the electoral roll shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent court or of a Tribunal. All other papers relating to the election shall be open to public inspection subject to such conditions and to the payment of such fee, if any, as the [the Chief Commissioner, Gurdwara Elections, and where there is no Chief Commissioner, Gurdwara Elections, the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.] may direct. (3) Copies of returns forwarded by the returning officers under rule 54 shall be furnished by the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] on payment of fee of two rupees for each such copy. ### 57. Procedure for filling vacancy. - When a vacancy occurs among the elected members of the Board by the death, resignation or removal of any member and a new member has to be elected in his place in accordance with the provisions of section 53 of the Act, such election shall be conducted in the manner prescribed in these rules for a general election and the programme of the election shall be framed as soon as may be convenient after the occurrence of the vacancy and the electoral roll in force under the provisions of rule 11 shall be deemed to be the electoral roll for the purpose of holding the election. ### 58. Final authority for interpretation of these rules. - If any question arises regarding the interpretation of these rules otherwise than in connection with an election petition which has actually been presented, the question shall be referred to the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] who may decide it himself, or if he thinks fit, may refer it to [the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.] . The decision of the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] or the [the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.] as the case may be, shall be final. ### 59. Repeal. - The Sikh Gurdwaras Board Election Rules, 1954 are hereby repealed; Provided that any order made, notification issued or anything done or any action taken under any of the said rules shall be deemed to have been made, issued, done or taken under the corresponding provisions of these rules. Form I [Substituted by Notification No. G.S.R. 1005(E) , dated 8.8.2017 (w.e.f. 16.7.1959).] [Rule 3(1) ] I \_\_\_\_\_\_\_\_\_\_ son of/ wife of/ Daughter of \_\_\_\_\_\_\_\_\_\_\_\_\_ Age \_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_\_\_\_\_\_ hereby declare that I (a) I am a Sikh; (b) I do not trim or shave my beard or Keshas; (c) I do not smoke or use kutha (Halal) meat, in any form; (d) do not take alcohlic drinks; and (e) am not a \*patit: Signature/Thumb Mark\*\* \* patit means a person who being Keshdhari Sikh trims or shaves his beard or keshas or who after taking Amrit commits any one or more of the four Kurahits. \*\*in case of an illiterate he should repeat the declaration, as read out from the Form, and then thumb mark the Form. (Further declaration to be made by Scheduled Caste applicant) I hereby declare that I am a member of the ................. caste which has been declared to be a Scheduled Caste under Article 341 of the Constitution. Signature/ Thumb Mark;]. \*\*In case of an illiterate he should repeat the declaration, as read out from the Form, and then thumb mark the Form [Proviso to rule 3 sub rule (1) ] (Further declaration to be made by Scheduled Caste applicant) I hereby declaration that I am a member of the\_\_\_\_\_\_\_\_\_ caste which has been declared to be a Scheduled Caste under Article 341 of the Constitution. Signature/Thumb Mark [FORM I-A] [Omitted by Notification No. G.S.R. 1005(E) , dated 8.8.2017 (w.e.f. 16.7.1959).] | | | --- | | (b) FORM I-A (ForSehajdariSikh) [Rule 3(1) ] I\_\_\_\_\_\_\_\_\_\_\_ son of/wife of/daughter of\_\_\_\_\_\_\_\_\_ Age\_\_\_\_\_\_\_\_\_ Residence\_\_\_\_\_\_\_\_\_\_ hereby declare that I am a Sehajdhari Sikh and I - (a) perform ceremonies according to Sikh rites; (b) do not use tobacco orkutha (Hala)meat, in any form; (c) do not use alcholic drinks; (d) an not a\*patit;and (e) can recitemollmantar. Signature/Thumb Mark\*\* \*Patitmeans a person, who beingKeshdhariSikh trims or shaves his beard orkeshasor who after taking Amrit commits any one or more of fourKurahits.[Section 2(11) of the Act]. \*\*In case of an illiterate he should repeat the declaration, as read out from the Form, and then thumb mark the Form [Proviso to rule 3 sub rule (1) ] (further declaration to be made by a Scheduled Caste applicant) I hereby declare that I am a member of the\_\_\_\_\_\_\_\_\_\_\_ caste which has been declare that I am a member of the\_\_\_\_\_\_\_\_\_ caste which has been declared to a Scheduled Caste under Article 341 of the Constitution. Signature/Thumb Mark | FORM II [Rule 8 (5) ] Gurdwara Board Electoral Roll ..........District ............ Constituenncy Register of Claims for Registration Tehsil | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No, | Thana and Village \_\_\_\_\_\_\_\_\_\_\_\_\_ Town and Ward in which registration is claimed | Name, father's Name, age and occupation of claimant | Date of presentation of claim to authority to whom it is presented with initials of such authority | Date of decision, with note as to presence of parties | | Decision \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Admitted Signature Rejected of Revising Authority | Signature of official by whom effect was given to the decision of the Revising authority and date | | 1 | 2 | 3 | 4 | 5 | 6 | 7 8 | 9 | FORM III [Rule 8 (5) ] Gurdwaras Board Electrol Roll \_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_\_\_\_\_\_ Constituency Register of Objections to Registration | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Person objected to be Registered | Name and decription and number of objector on roll | Date of presentation of objection to authority to whom it is presented with initials of such authority | Name of process server by whom duplicate sent to be served on person objected to and date | \_\_\_\_\_\_\_\_\_ Abstract of process server's report and date | \_\_\_\_\_\_\_\_\_\_ Date of decision with note as to presence of parties | Signature of Revising Authority Admitted/ Rejected | Decision \_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Signature of official by whom effect was given to the decision of the Revising Authority and date | | Serial No. | Thana and Village in ....... town and ward | Under name | With number on roll | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 11 | 12 | 13 | FORM IV [Rule 15] Nomination Paper Election to the Sikh Gurdwara Board (To be filled by the proposer) I hereby nominate\_\_\_\_\_\_\_\_\_\_\_as a candidate for election from the Board constituency\_\_\_\_\_\_\_\_\_\_ ### 1. Full name of proposer\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Serial number of proposer in the electoral roll of the constituency in which the candidate is being nominated for election\_\_\_\_\_\_\_\_\_. and name of Thana or Zail/Patwar Circle. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.................... Town ### 3. Name of the candidate's Father/Husband\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. Full postal address of candidate\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 5. Constituency on electoral roll of which the candidate is registered as an elector\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 6. Number of the candidate on the electoral roll of the constituency in which he is registered as elector\_\_\_\_\_\_\_ and name of Thana or Zail/Patwar Circle ---------------------,................... Town Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*Signature of proposer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*Signature includes thumb-impression Note - This nomination paper will not be valid unless it is delivered by the candidate either in person or by his proposer or by an agent appointed by authority in writing signed by the candidate and verified by a Magistrate, sub-registrar, sarpanch, nayaye pradhan, lambardar or member of legislature or local body to the returning officer or other person authorised to receive it at his office within the prescribed time. (To be filled by the candidate) [Declaration] [Inserted vide MOH Notification No. G.S.R. 302(E) , dated 30.3.1995.] I, the above-mentioned candidate, assent to this nomination and hereby declare - (a) that I have completed\_\_\_\_\_\_\_\_\_\_\_\_years of age. (b) [ that I do not suffer from any of the ineligibilities enumerated in Section 45 of the Sikh Gurdwaras Act, 1925.] [Inserted vide MOH Notification No. G.S.R. 302(E) , dated 30.3.1995.] (c) that the symbols I have chosen are in order of preference :- (i) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Candidate. (Further declaration to be made by a Scheduled Caste Candidate). I hereby declare that I am a member of the \_\_\_\_\_\_\_\_\_\_\_caste which has been declared to be a Scheduled Caste for the State of Punjab. Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Candidate Attested Magistrate (To be filled by the Returning Officer) Serial number of nomination paper \_\_\_\_\_\_\_\_\_\_\_\_\_\_ This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hour) on \_\_\_\_\_\_\_(date) by the candidate/proposer/duly authorised agent. Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer, Decision of returning officer accepting or rejecting the nomination paper. I have scrutinised the eligibility of the candidate and proposer and find that they are respectively qualified to stand for election and to propose the nomination and therefore accept the nomination. OR I have scrutinised this nomination and reject it for the following reasons :- Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Officerscrutinising the nomination. The symbol assigned to the candidate is\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Returning Officer. Receipt of nomination paper and notice of scrutiny (To be handed over to the person presenting the nomination paper) Serial number of nomination paper \_\_\_\_\_\_\_\_\_\_\_ The nomination paper of \_\_\_\_a candidate for election from the \_\_\_ Board constituency, was delivered to me at my office at\_\_\_\_ (hour) on \_\_\_\_\_\_ (date) by the candidate/proposer/duly authorised agent. All nomination papers will be taken up for scrutiny at\_\_\_\_(hour) on\_\_\_\_(date) \_\_\_at\_\_\_(place). Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer [FORM IV-A] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 20(1) ] Notice of Withdrawal of Candidature to be given by the candidate Election to the Sikh Gurudwara Board The Returning Officer I \_\_\_\_\_\_\_\_\_\_ a (candidate validly nominated at the above election) do hereby give notice that I withdraw my candidature. Place : Date \_\_\_\_\_\_\_\_\_\_\_ Signature of (validly nominated candidate). This notice was delivered to me at my office at \_\_\_\_\_\_\_\_\_ (hour) on \_\_\_\_\_\_\_\_\_ (date) by \_\_\_\_\_\_\_\_\_\_\_\_ (name) the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Date : Returning Officer. Receipt of Notice of Withdrawal (To be handed over to the person delivering the notice) The notice of withdrawal of candidature by \_\_\_\_\_\_\_\_\_\_\_\_\_ a (validly nominated candidate) at the election to the Sikh Gurudwaras Board was delivered to me by the \_\_\_\_\_\_\_\_ at my office at \_\_\_\_\_\_\_ (hour) on \_\_\_\_\_ (date). Returning Officer. [FORM IV-B] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 20(1) ] Notice of withdrawal of Candidature to be given by the Returning Officer Election to the Sikh Gurudwara Board Notice is hereby given that the following validly nominated candidate/candidates at the above election withdraw his candidature/their candidatures today. Name of (validly nominated candidate)Address of (validly nominated candidate) Remarks ### 1. ### 2. ### 3. etc. Dated \_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer. [FORM IV-C] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 25-A(1) ] Appointment of Election Agent To The Returning Officer, ----------------------------- I, \_\_\_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_ a candidate at the election of the membership of the Board do hereby appoint \_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_ as my election agent from this day at the above election. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Candidate. [FORM IV-D] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See Rule 25-A(2) ] Revocation of appointment of Election Agent To The Returning Officer, ----------------------------- I, \_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a candidate at the election of membership of the Board hereby revoke the appointment of Shri \_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_ my election agent. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Candidate [FORM IV-E] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 25-B(1) ] Appointment of Polling Agent I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_ candidate at the election of membership of the Board do hereby appoint \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name and address) \_\_\_\_\_\_\_ as a Polling Agent to attend Polling Station No. \_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_ place fixed for the poll at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Candidate. I, \_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_ of \_\_\_\_\_\_\_ agree to act as such Polling agent. Signature of the Polling Agent. Declaration of the Polling Agent to be signed before the Presiding Officer. I hereby declare that at the above election I will not do anything forbidden by Section 151 of the Sikh Gurudwara Act, 1925, which I have read/has been read over to me. Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Polling Agent. Signed before me. Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Presiding Officer. [FORM IV-F] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 25-B(3) ] Revocation of appointment of Polling Agent. To The Presiding Officer, ----------------------- I, \_\_\_\_\_ son of \_\_\_\_\_ a candidate at the election for the membership of the Board hereby revoke the appointment of \_\_\_\_\_\_\_\_\_ my polling agent. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the candidate. FORM V (Rule 41) Serial No\_\_\_\_\_\_\_\_\_\_ Election for\_\_\_\_\_\_\_\_\_\_\_\_ Constituency\_\_\_\_\_\_\_\_\_\_\_\_ Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of voter\_\_\_\_\_\_\_\_\_\_\_\_\_\_ No. in electoral roll\_\_\_\_\_\_\_\_\_\_\_ Name of candidate or candidates for whom this is tendered. (a) for non-reserved seat \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) for reserved seat\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_ Signature of the Presiding Officer Form VI (Rule 41) Tendered votes list Polling Station...................... | | | | | | --- | --- | --- | --- | | Name of constituency | Name of voter | No. in electoral roll | Signature of voter, if literate, or thumb-impression, if illiterate, with his address | | | | | | Date................ Signature of the Presiding Officer Form VII (Rule 42) List of Challenged Votes Polling Station.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature Sheet No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | --- | --- | --- | --- | --- | --- | | Name of constituency | No,on electoral roll | Name | Signature of voter,if literate, or thumb-impression, of voter,if illiterate | Name of identifier if any | Order of Presiding Officer (in each case) | | | | | | | | Form VIII [Rule 47(1) ] Account of ballot-papers Constituency\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ BALLOT-PAPERS | | | | | | | --- | --- | --- | --- | --- | | ... | ... | Particulars | | Serial No....., From To Total | | Received | ... | Non-reserved seat | ... | | | | | Reserved seat | ... | | | Issued | ... | Non-reserved seat | ... | | | | | Reserved seat | ... | | | Unissued | ... | Non-reserved seat | ... | | | | | Reserved seat | ... | | | | | | | | ACCOUNT OF TOTAL BALLOT-PAPERS ISSUED | | | | | | | --- | --- | --- | --- | --- | | \_\_\_\_\_\_\_\_ | | Total issued | Total returned spoilt | Balance total in ballotbox(es) | | Non-reserved seat | ... | | | | | Reserved seat | ... | | | | TENDERED BALLOT-PAPERS | | | | | | --- | --- | --- | --- | | | \_\_\_\_\_\_\_\_\_ | | Serial No. From to Total | | Received | | ... | | | Issued | | ... | | | Unissued | | ... | | ACCOUNT OF TOTAL TENDERED BALLOT-PAPERS ISSUED | | | | | --- | --- | --- | | Total issued | Total returned spolit | Balance total in parcel | | | | | Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of presiding officer. [FORM VIII-A] [Forms VIII-A and VIII-B added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 50-B(2) ] Appointment of Counting Agents Election to the Sikh Gurudwara Board To The Returning Officer, I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_\_\_\_ a candidate at the election of membership of the Board, do hereby appoint the following persons as my counting agents to attend the counting of votes at \_\_\_\_\_\_\_\_\_\_\_\_. | | | | --- | --- | | Name of the Counting agent | Address of the Counting Agent | | 1 | | | 2 | | | 3 | | | etc. | | | We agree to act as such counting agents | Signature of candidate | | 1 | | | 2 | | | 3 | | | etc. | | Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature(s) of Counting Agent. I, \_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_ of \_\_\_\_\_ accept my above appointment. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Election Agent. Approved Signature and seal of the Returning Officer. DECLARATION OF COUNTING AGENTS (To be signed before the Returning Officer) I/We hereby declare that at the above election we will not do anything forbidden by Section 151 of the Sikh Gurudwaras Act, 1925 which I/We have read/has been read over to us. ### 1. ### 2. ### 3. etc. Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Counting Agent(s) . Signed before the Date \_\_\_\_\_\_\_\_\_ Assistant Returning Officer/Returning Officer. FORM VIII-B [Forms VIII-A and VIII-B added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] [See rule 50-B(4) ] Revocation of Appointment of Counting Agent Election to the Sikh Gurudwara Board To The Returning Officer, I, \_\_\_\_\_ son of \_\_\_\_\_\_ a candidate at the election of membership of the Board hereby revoke the appointment of \_\_\_\_\_\_ my counting agent. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Candidate.] Form IX [Rule 51(4) ] Record of Rejected Ballot-Papers Election to the Sikh Gurdwaras Board from \_\_\_\_\_\_\_\_ Constituency Serial number and name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. of entry | Serial No.of ballot-paper | Brief grounds of rejection | Serial No. of entry | Serial No. of the ballot-paper | Brief grounds of rejection | | | | | | | | Signature of Presiding Officer Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form X [Rule 52(2) and 53(3)] Result Sheet Election to the Sikh Gurdwaras Board from \_\_\_\_\_\_\_\_\_\_ Constituency Serial number and name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | --- | --- | --- | --- | --- | | Serial No. | Name of candidate | Number of valid votes | Number of rejected votes | Total number of votes | | | | | | | Signature of Presiding Officer/Returning Officer. Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form XI [The Chief Commissioner when in existence otherwise the Commissioner, Gurdwara Elections], shall fix the date or dates on, by or within which - [Rules 53(7) ] Final Result Sheet Election to the Sikh Gurdwaras Board from\_\_\_\_\_\_\_\_\_\_\_Constituency | | | | | --- | --- | --- | | Polling Station | Number of valid votes cast in favour of | Number of votes polled | | ........ | ........... | REMARKS | | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial | Name | ABCD | Valid | Rejected | Total for Polling Station. | Votes polled by post. Total number of votes polled in the constituency\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Returning Officer. -------------
65b9383dab84c7eca86e8a2d
acts
State of Odisha - Act ----------------------- The Orissa Inland Steam Vessels Rules, 1935 --------------------------------------------- ODISHA India The Orissa Inland Steam Vessels Rules, 1935 ============================================= Rule THE-ORISSA-INLAND-STEAM-VESSELS-RULES-1935 of 1935 --------------------------------------------------------- * Published on 25 April 1890 * Commenced on 25 April 1890 The Orissa Inland Steam Vessels Rules, 1935 Published vide Notification Bihar and Orissa Gazette, 1935-Part 2 Notification No. 2057-Com./21.5.1935 In exercise of the Powers conferred by Sections 19, 52, and 67 of the Inland Steam Vessels Act, 1917 (1 of 1917), and in supersession of the rules, published with the notification of the Government of Bengal, No. 90 Mne., dated the 25th April, 1890, as subsequently amended, the Government of Bihar and Orissa are pleased to make the following rules: ### 1. Definitions. - In these rules- (1) "Act" means the Inland Steam-Vessels Act, 1917 (1 of 1917), and all words and expressions defined in the Act and used in these rules shall have the meaning assigned to them by the Act; (2) "Certifying Officer" means the Secretary to the Government of Orissa in the Commerce Department who shall sign certificates of survey on behalf of the Government but if the function of granting such certificates is delegated to any officer by notification under Sub-section (4) of Section 9 of the Act the expression certifying shall mean that officer; (3) "Declared place of survey" means a place which is declared by notification under Clause (a) of Sub-section (1) of Section 4 of the Act to be an Officer, place of survey; (4) "Form" means a Form set out in the First Schedule to these rules; (5) "Government" means the Government of Orissa; (6) "Non-passenger vessel" means a vessel the certificate of survey of which does not permit the carrying of passengers as defined in Clause (3) of Section 2 of the Act; (7) "Receiving Officer" means an officer appointed by notification under Section 6 of the Act to receive survey fees; (8) "Controlling Officer" means the Revenue Divisional Commissioner, Central Division, Orissa, Cuttack; (9) "Smooth water" and "partially smooth water" mean respectively water declared by the State Government under these rules to be smooth or partially smooth water. ### 2. Application for survey. (1) Every application for the survey of an inland steam or motor vessel shall be made in Form 1 to the Chief Surveyor of Inland State Vessels, Orissa; P.O. Chandinichowk, District Cuttack at least fifteen clear days before the day on which it is desired that the survey shall take place, stating the date on which the vessel will be ready for survey, and such application shall be accompanied by a duplicate chalan showing that the fees prescribed in the rules have been paid into the treasury. (2) Upon receipt of such an application the Chief Surveyor shall depute a surveyor to undertake the survey, and the surveyor shall, at least seven days before the date fixed by him, send a notice in Form 2 to the applicant informing him of the date and hour at which the survey shall be commenced and of the action which the applicant is required to take to prepare the vessel for survey. (3) Postponement of survey - If the Surveyor is unavoidably prevented from being present at the time fixed for the survey, he shall accordingly inform the applicant as soon as possible, and shall fix some other time, convenient to the applicant and to the Surveyor, for the survey. ### 3. Time and place of survey. - Surveys shall be made by the Surveyor on any day in the year except Sundays and other public holidays, at any place of survey : Provided that a survey may be made at a place other than a place of survey and on Sundays and other public holidays on payment of additional fees prescribed in Sub-rules (1) and (3) of Rule 14 : Provided also that this rule shall not be held to prevent a Surveyor from inspecting any inland steam or motor vessel, her equipments or machinery, at any time and place it he has cause to believe that a casualty or damage has occurred to the vessel, equipments or machinery or that the certificate of survey should for any reason be cancelled or suspended under Section 13 of the Act. ### 4. Surveyors' duties. - In surveys upon which an Engineer Surveyor and a Ship-Surveyor are employed, the Engineer-Surveyor will survey the engines, boilers, and all machinery required by the Act to be surveyed; and the Ship-Surveyor will inspect the hull, equipments and passenger accommodation, measure and determine the number of passengers the vessel is fit to carry, and ascertain whether the certificates of the master and engineer or engine-driver are such as are required by the Act ; and whether the lights and for-signals are in accordance with the rules for reducing the risk of collision. ### 5. Declarations. - The declaration given by the Surveyor to the owner or master under Section 7 of the Act shall be in Form 3 and shall in every case be accompanied by an abstract of the particulars of the vessel in Form 4, and the Surveyor shall make an accurate copy of both which shall be sent to the Chief Surveyor. ### 6. Receipt for declaration. (1) A receipt in Form 5 shall be given to the Surveyor by the owner or master of a vessel on receiving the declaration and abstract of particulars from the Surveyor for transmission to the officer appointed under Sub-section (1) of Section 8 of the Act to receive them : Provided that the Surveyor may, if he deems it fit and the owner or master so requests, undertake to transmit on behalf of the owner or master the declaration and abstract of particulars to the officer appointed under Sub-section (1) to Section 8 of the Act to receive them. In such cases no receipt need be given to the Surveyor who shall give the owner or master a receipt in Form 6. (2) Before granting his declaration, the Surveyor shall take possession of the current or last expired certificate of survey of the vessel for transmission to the officer appointed under Sub-section (1) of Section 8 of the Act to receive declaration of survey. All copies marked "Duplicate", may be retained by the owner or master. ### 7. Delivery of certificate of survey. - The notice to be given under Clause (b) of Sub-section (1) of Section 9 of the Act to the owner or master, when a certificate is ready for delivery, shall be in Form 7, and shall be signed by the Certifying Officer. ### 8. Dry docking. - If in consequence of any accident to a vessel, or for any other reason, the Surveyor considers, it necessary, he may require the vessel to be taken into dry dock for the purpose of surveying the hull. ### 9. Assistance to Surveyors. - It shall be the duty of Surveyors to make such returns as the State Government may require with respect to the build, dimensions, draught, displacements, burden, speed, fuel capacity, and the nature and particulars of the machinery and equipments of vessels surveyed by them; and it shall be the duty of the owner, master (or serang), engineer (or driver) of any vessel which is being surveyed, on demand, to give the Surveyors all such information and assistance as they may require for the purpose of making such returns. ### 10. Defects and withdrawal from survey. (1) If a Surveyor finds that any defect or shortcoming exists in the hull, machinery, or equipments of an inland steam or motor vessel, he shall, before refusing to give a declaration regarding the vessel under Section 7 of the Act, address a letter in Form 8 to the owner or master of the steam-vessel, pointing out such defect and the repairs, etc., necessary to make good the same. (2) If the owner or his representative declines to execute the repairs required under Sub-rule (1) or if he fails to do so within a reasonable time, which shall in no case be considered to be less than three months, the Surveyor shall with the prior sanction of Government inform the owner by letter in Form 9 that the vessel is deemed to be withdrawn from survey. (3) If a vessel which has been withdrawn from survey is subsequently re-offered for survey, the subsequent survey shall be deemed to be a separate survey for which full fees shall be payable in accordance with Rules 12, 13 and 14 : Provided that if sufficient cause is shown by the owner the Chief Surveyor may permit a portion of the fees previously paid to count towards the amount payable for the subsequent survey. ### 11. Certificate of survey. (1) Certificates of survey shall be printed in English in Form 10-A for passenger vessels and in Form 10-B for non-passenger vessels, and shall be issued to the owner in duplicate in English. (2) When a certificate of survey is to be cancelled or suspended by Government under Section 13 of the Act, notice shall be given to the owner or master by the Certifying Officer in Form II. (3) While a certificate of survey remains in force - (a) the certificate of survey required under Section 10 of the Act to be affixed in a conspicuous part of the vessel shall be continuously exhibited by the owner or master of the vessel in English in a legible manner, protected from defacement by a glass frame securely fixed in such a position that all the terms of the certificate can be easily read by all persons on board the vessel; (b) the name of the vessel, painted or otherwise marked on the vessel as and where approved by the Surveyor, shall not be removed or defaced, and shall not be changed to another name until the lapse of 14 clear days' notice of such intention by the owner to the Certifying Officer, who will instruct the owner in writing to strike out the original name on all copies of the certificate and write after it the new name followed by the words "New name recorded on this certificate under the authority of the Certifying Officer's letter No...............dated......... ### 12. Survey fees payable by owners. (1) All sums realised as fees and costs under the Act or under these rules shall be paid in Government treasury by means of chalan and credited to the Government of Orissa under the head "XXIV-Ports and Pilotage-B-Other Ports-a-Registration and other fees". (2) The fees payable by owners to Government for the survey of inland steam or motor vessels shall be at the rates prescribed in Column 2 of the Table of Fees set out in the Second Schedule to these rules, subject to such reductions as are provided for by Rule 13 and such additions as are provided for by Rule 14. ### 13. (1) If in his application for survey the applicant shows good and sufficient reason for the issue of certificate of survey for a lesser period than one year, the survey fee shall be calculated for each month or fraction of a month comprised in the period specified in the application at the rate of one-twelfth of the amount prescribed in Column 2 of the Table of Fees, subject to a minimum of one-fourth of that amount : Provided that no such modification of the survey fee shall be made in the case of a new vessel coming under survey for the first time, or in the case of any vessel for which on account of some defect in the vessel, a certificate of survey has been issued for less than one year. (2) Where the survey is- (a) made under the Indian Merchant Shipping Act, 1923 (XXI of 1923) and the Inland Steam-Vessels Act, 1917 (I of 1917), at one and the same time; or (b) made upon a vessel already provided with a certificate of survey under the Indian Merchant Shipping Act, 1923 (XXI of 1923), the date of expiration of which will cover that of the certificate under the Inland Steam-Vessels Act, 1917 (I of 1917), the fee under the Inland Steam-Vessels Act, 1917, will be one-fourth of the fee prescribed in Column 2 of the Table of Fees : Provided that no such modification shall be made in the case of a new vessel coming under survey for the first time. ### 14. Additional fees. (1) When a vessel is required to be surveyed, or to be visited by the Surveyor, at a place other than a place which has been declared in a notification under Section 4 (1) (a) of the Act to be a place of survey, a fee, in addition to the fee payable under Rule 12, shall be paid by the owner in respect of the expenses of the Surveyor's journey to the vessel, at such rates as may be declared by Government. (2) If at the time appointed for a survey the master or owner of the vessel has failed to make the vessel or any part thereof ready for survey and it becomes necessary for the Surveyor by reason of such, failure to survey the vessel or any part thereof at a time other than the time appointed, a fee of Rs. 16 shall be paid by the owner or master in, addition to the fee payable under Rule 12. (3) For a survey made at the request of the owner or his representative on a Sunday or a gazetted public holiday a fee of Rs. 60 shall be charged in addition to the fee payable under Rule 12. ### 15. Duties covered by fee. - Fees paid under Rules 12, 13 and 14, shall cover all the visits to the vessel required to be made by the Surveyor before granting his declaration; but if a visit to a vessel is made by the Surveyor at the request of the owner while the vessel's certificate of survey is in force, the owner shall pay a fee of Rs. 32 which shall not be deducted from the amount of fees payable at a subsequent survey. ### 16. Fees to be paid in advance. - The Surveyor shall not proceed with the survey of any vessel until he is satisfied that the amount of the fees due under Rules 12, 13, 14 and 15 has been paid to the treasury. ### 17. Remuneration of Surveyors. (1) Out of the fees specified, in Column 2 of Table of Fees set out in the Second Schedule to these rules the Surveyor, when one such has been employed on the survey, shall be entitled to receive from Government the fees specified in Column 3 of the Table : Provided that in case of the fee paid by the owner being reduced in accordance with Rule 13 the fee payable by Government to the Surveyor shall be proportionately reduced subject to a minimum of thirty two-rupees. (2) When an Engineer-Surveyor, and a Ship-Surveyor are employed on the survey of the same vessel, the fee payable to the Surveyor under Sub-rule (1) shall be divided equally between the two Surveyors. (3) When a Surveyor leaves part of the survey to be completed by another Surveyor, the fee payable under Sub-rule (1) shall be divided between the two Surveyors in the proportion as Government may deem reasonable. (4) Additional fee and expenses payable by the owner to Government under Rule 14 and the fee payable under Rule 15 shall be passed on to the Surveyor without deduction. In the event of two Surveyors being employed, an additional fee under Sub-rule (2) or (3) of Rule 14 shall be divided equally between the Surveyors. ### 18. Procedure for payment of Surveyors. (1) The Surveyor shall submit to the Certifying Officer on the last day of every month in which he has granted a declaration of survey, a bill in Form 12 for the recovery of the fees and travelling expenses due to him under Rule 17. (2) The amount for which the bill shall be accepted by the Certifying Officer shall be calculated from the amounts deposited by owners as recorded by the Surveyor in his declaration of survey in respect of the period covered by the bill. (3) The Certifying Officer shall check the Surveyor's bill and forward it to the Controlling Officer together with the duplicate chalans in respect of the survey lees mentioned in the bill for countersignature who shall send the bill to the Collector, Balasore, after acceptance for payment to the Surveyor. ### 19. Lost certificates. - The Certifying Officer may at any time grant a duplicate certificate of survey on sufficient cause being shown by the applicant and on payment of a fee of Rs. 5. This fee shall be paid into a treasury and credited to the Government of Orissa in the manner prescribed in Rule 12 (1) and a copy of the chalan submitted to the Certifying Officer together with the application for the copy. ### 20. Correspondence. - All ordinary correspondences relating to a particular survey of an inland steam vessel may be addressed to the Surveyor who made the survey. ### 21. Obligations of owners, masters and engineers between surveys. (1) It is the duty of the owner, the master or serang, and the engineer or driver of a vessel, plying under the Act between one survey and another to maintain the vessel, its machinery and necessary equipments as nearly as possible in the state of efficiency and completeness as accepted by the Surveyor when granting his declaration, and to take all reasonable care to preserve safety in the structure, machinery, and equipments of the vessel. (2) Safety valves -(a) In particular the master or serang and the engineer or driver shall, during the period between one survey and another, be careful to assure that all boiler safety valves, whether locked up or not, are in proper working order. (b) If any person places an undue weight, or a weight in excess of that fixed by the Surveyor, upon a safety valve of a vessel under the Act, or if, being the owner, master, serang, engineer or driver of the vessel, he permits the placing of such weight, he shall, in addition to any other liability he may incur, be punished under Section 52 (3) of the Act on conviction by a fine not exceeding Rs. 500 or by imprisonment of either description for a term not exceeding six months, or by both. ### 22. Towing. - An owner, master or serang who uses, or permits, his vessel to tow otherwise than in accordance with the terms of the vessel's certificate of survey shall be punished under Sub-section (3) of Section 52 of the Act on conviction with a fine not exceeding Rs. 500 or with imprisonment of either description for a term not exceeding six months, or by both. ### 23. The Chief Surveyor shall be the countersigning authority in respect of all contingent bills and of travelling allowance bills of officers subordinate to him. First Schedule List of Forms and Tables Form 1- Application for survey. Form 2- Appointment of date and time of survey. Form 3- Surveyor's declaration of survey. Form 4- Surveyor's abstract of particulars of vessel. Form 5- Owner's receipt for declaration of survey. Form 6- Surveyor's receipt for declaration of survey returned to him for transmission. Form 7- Notice to owner (notice that a certificate of survey is ready for delivery). Form 8- Notice of repairs or alterations required by Surveyor. Form 9- Surveyor's notice of withdrawal from survey. Form 10-A- Certificate of survey for passenger vessel. Form 10-B-Certificate of survey for vessel not entitled to carry passengers. Form 11-Cancellation or suspension of a certificate of survey. Form 12-Surveyor's bill for fees. Second Schedule Table of survey fees | | | | | | --- | --- | --- | --- | | | For an inland steam vesel of which the gross tonnage | Fees payable by the owner to the Government of Orissa (Rule 12) | Portion of fee payable by the Government of Orissa to the Surveyor out of a fee received under Column 2 [17 (1) ] | | | 1 | 2 | 3 | | | | Rs. | Rs. | | (1) | Does not exceed 10 tons | 50 | 30 | | (2) | Exceeds 10 tons but does not exceed 20 tons | 60 | 35 | | (3) | Exceeds 20 tons but does not exceed 30 tons | 70 | 40 | | (4) | Exceeds 3Q tons but does not exceed 50 tons | 80 | 50 | | (5) | Exceeds 50 tons but does not exceed 75 tons | 90 | 60 | | (6) | Exceeds 75 tons but does not exceed 100 tons | 100 | 70 | | (7) | Exceeds 100 tons but does not exceed 300 tons | 100 | 80 | | (8) | Exceeds 300 tons but does not exceed 600 tons | 125 | 90 | | (9) | Exceeds 600 tons but does not exceed 900 tons | 140 | 100 | | (10) | Exceeds 900 tons but does not exceed 1,200 tons | 160 | 120 | Form 12 [See Rule 18] Surveyor's bill of fees Due to Shree..................for surveys made or visits paid to vessels under the Inland Steam Vessels Act, 1917 (1 of 1917) during the period : | | | | --- | --- | | .......................20 | to....................20 | | | | | | | --- | --- | --- | --- | | Vessels surveyed | Tonnage of vessels | Date of declarations | Details of Fees claimed | | Tabular fee (Rule 12) | Reduction (Rule 13) | Additional fee [Rule 14(2) and (3)] | Travelling expenses [Rule 14(1) ] | Net amount for vessel | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | | | Rs. | Rs. | Rs. | Rs. | Rs. | | | | | | | | --- | --- | --- | --- | --- | | Vessel visited during currency certificate of survey (Rule 15) | Date of each visit | Reason for paying visit | General nature of action taken on or after visit | Amount of fees paid and number and date of treasury chalan together with the name of treasury in which fees paid | | 9 | 10 | 11 | 12 | 13 | | | | | | | Total claim for the period Rs.......... Forwarded to the Certifying Officer under Rule 18(1) for disposal, under Rule 18(3) Signed............. Surveyor....... At.................20....... Notification No. 2937-Com., dated the 27th July, 1935 published in the Bihar and Orissa Gazette, 1935, Part-11, page 846] In pursuance of the provisions of Sub-rule (8) of Rule 1 of the rules published with Notification No. 2057-Com., dated the 21st May, 1935, the Government of Bihar and Orissa are pleased to declare that those portions of the rivers mentioned in Column 1 of the Schedule below, which are specified against such rivers in Columns 2 and 3 of the said Schedule, shall be respectively smooth and partially smooth water : Schedule ---------- | | | | | | --- | --- | --- | --- | | | Rivers | Smooth water | Partially smooth water | | | 1 | 2 | 3 | | (1) | The river Ganges and its tributaries within Bihar and Orissa | The whole | None | | (2) | The river Burhabalang | The whole down to the bar at the mouth | None | | (3) | The river Dhamra and its tributaries: | | | | | (a) on the river Baitarani | The jetty at Chandbali and above | From the jetty at Chandbali | Down to any position inside point Palmyras | | | (b) on the river Brahmini | Dhamarpur and above | From Dhamarpur | | | (c) on the river Kharsua | Raj Kanika creek and above | From Raj Kanika creek | | (4) | The river Mahanadi | Paradeep Lock and above | From Paradeep Lock down to the mouth | Notification No. 361.7-Com., dated the 8th October, 1935 [Published in the Bihar and Orissa Gazette, 1935, Part II, page 1034] In pursuance of the provisions of Sub-rule (8) of Rule 1 of the rules published with Notification No. 2057-Com., dated the 21st May, 1935, the Government of Bihar and Orissa are pleased to make the following amendments to the Schedule published with Notification No. 2937-Com., dated the 27th July, 1935 : The following shall be substituted for item (3) in the Schedule : | | | | | | | --- | --- | --- | --- | --- | | | Rivers | Smooth water | Partially smooth water | | | | 1 | 2 | 3 | | | "(3) | The river Dhamra and its tributaries: | | | | | (a) | on the river Baitarani | The jetty at Chandbali and above | From the jetty at Chandbali | To a line joining Chandipal Beacon and Palmyras point | | (b) | on the river Brahmani | From Dhamarpur ferry and above | From below Dhamarpur ferry | | (c) | on the river Kharsua | Raj Kanika creek and above | From Raj Kanika creek" | Appointment of Chief Inspector and Inspectors of Boilers as Serveyors of Inland Steam Vessels [Notification No. 890-Com., dated the 2nd June, 1936 [Vide Orissa Gazette, 1936-Part-I.] - In exercise of the powers conferred by Clause (b) of Sub-section (1) of Section 4 of the Inland Steam Vessel Act, 1917 (Act 1 of 1917), read with sub-paragraph (3) of paragraph 8 of the Government of India (Constitution of Orissa) Order, 1935, and in supersession of all previous notifications on the subject, the Governor of Orissa is pleased to appoint the Chief Inspector and the Inspectors of Boilers. Orissa to be Surveyors of inland steam vessels for the place of survey, Cuttack, on the river Mahanadi.] Appointment of the Chief Inspector of Boilers, Orissa as the officer to whom the owner or master of a vessel shall send declaration given to him under Section 7 [Notification No. 894-Is-1-Com., dated the 2nd June, 1936 [Vide Orissa Gazette, 1936-Part-I.] - In exercise of the powers conferred by Sub-section (1) of Section 8 of that Inland Steam Vessels Act, 1917 (Act I of 1917) read with sub-paragraph (3) of paragraph 8 of the Government of India (Constitution of Orissa) Order, 1935, and in supersession of all previous notifications on the subject the Governor of Orissa is pleased to appoint the Chief inspector of Boilers, Orissa to be the officer to whom the owner or master of vessel shall send the declaration given to him under Section 7 of the Act.]
65b9e71aab84c7eca86ea35b
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State of Assam - Act ---------------------- Rules Having The Force of Law and Executive orders Relating to Forests ------------------------------------------------------------------------ ASSAM India Rules Having The Force of Law and Executive orders Relating to Forests ======================================================================== Rule RULES-HAVING-THE-FORCE-OF-LAW-AND-EXECUTIVE-ORDERS-RELATING-TO-FORESTS of 1897 ------------------------------------------------------------------------------------- * Published on 20 March 1897 * Commenced on 20 March 1897 Rules Having The Force of Law and Executive orders Relating to Forests Last Updated 12th February, 2020 Chapter I Control, Duties and Responsibilities of Forest Officers ---------------------------------------------------------------------- ### 1. Relation of Forest Officers to District Officers. - (i) The Chief Forest Officer in each district shall be the assistant to the Deputy Commissioner of that district as regards forest matters, retaining at the same time his subordination to Conservator of Forests, who is the head of department ; all operations in the unclassed State forests shall be placed under his control, as well as those in the reserved forests ; and all correspondence on general and administrative subjects connected with forest management between him and the Conservator shall pass through the Deputy Commissioner. (ii) For the present, Forest Officers will be as follows : The Officer-in-charge of the Garo Hills forests will be subordinate to the Deputy Commissioner of the Garo Hills. His jurisdiction for forest administrative purposes will also extend to that portion of the Goalpara District which is situated on the south bank of the Brahmaputra, and, so far as that area is concerned, he will be subordinate to the Deputy Commissioner, Goalpara. The officer-in-charge of Goalpara Forests will be subordinate to the Deputy Commissioner of Goalpara. The officer-in-charge of the Kamrup Forests, the Jirang Forests on the northern skirts of the Khasi Hills District and Kurua forest to the south-west corner of the Darrang District will be subordinate to the Deputy Commissioners of Kamrup, the Khasi and Jaintia Hills and Darrang, respectively. His jurisdiction for forest administrative purposes will also extend to the portion of the Monas river from the Bhutan Boundary to a line joining the south-eastern corner of the Bijni reserve and the south-western comer of the North Kamrup Game Sanctuary and so far as that area is concerned, he will be subordinate to the Deputy Commissioner, Goalpara. The officer-in-charge of the Darrang forests will be subordinate to the Deputy Commissioner of Darrang. The officer-in-charge of the Nowgong forests will be subordinate to the Deputy Commissioner of Nowgong. His jurisdiction for forest administrative purposes will also extend to the western portion of the Sibsagar District, namely the area under Bakulia beat, the Duer Dekhani Mauza and the western half of the west Rengma Mauza and the northern portion of the North Cachar Hills; and so far as those areas are concerned, he will be subordinate to the Deputy Commissioners, Sibsagar and Cachar respectively. The officer-in-charge of the Sibsagar and Desai Valley forest will be subordinate to the Deputy Commissioner of Sibsagar and Naga Hills. The officer-in-charge of the Lakhimpur forests will be subordinate to the Deputy Commissioners of Lakhimpur. The officer-in-charge of the Cachar forests will be subordinate to the Deputy Commissioner of Cachar. (iii) All orders will be conveyed from and references made to the Conservator of forests on the following principles : (a) all correspondence on subjects mentioned in the annexed schedule shall be carried on direct between the Conservator and the Divisional Forest Officer, and vice versa ; (b) all correspondence on subjects not mentioned in the annexed schedule shall pass under docket addressed from the conservator through the district officer to the Divisional Forest Officer, and vice versa. (iv) Ordinarily, the Deputy Commissioner, in the case of correspondence forwarded through him, will after perusal, simply record his signature under the word "forwarded" in the flying docket. He may, however, when he deems it necessary, record his remarks on any communication addressed to the Conservator by his departmental subordinates; and he may return to the Conservator for reconsideration any communication addressed by the latter to the Forest Divisional Officer, communicating instructions or orders, recording the grounds on which he solicits such reconsideration. (v) In the event of the Deputy Commissioner and the Conservator differing on any matter in connection with correspondence passing through the Deputy Commissioner's office, should the difference not be removed by mutual references, the point, which the correspondence out of which it arose, should be submitted to the Commissioner. Should the Conservator in any case be dissatisfied with the Commissioner's decision, he may refer the case to the State Government. (vi) Proposals of importance for the formation of new forests or affecting the use of forests and waste lands by the surrounding population shall be addressed by the Conservator, after he has consulted the district officers, to the Commissioner, for submission to Government. (vii) The Conservator is to be the controlling authority in all matters of patronage on the subordinate branches, and in all mattes of departmental discipline. (viii) The responsibility of the Conservator will remain unimpaired. He should be kept regularly informed of all orders on forest matters within his circle by Deputy Commissioners, Commissioners and the Government; he should be made acquainted with ail correspondence which passes between Deputy Commissioners and Forest Officers, and as a rule, consulted on all forest matters which come before Government. Schedule ---------- [See Rule (ii) (a)] List of Subjects in Respect of Which Correspondence may be carried on Direct between Conservator and Divisional Forest Officer Subjects on which direct correspondence with Conservator takes place. - All subjects of a purely departmental or professional nature having no bearing on the surrounding population and Civil Administration, and with which the District Officer may prima facie, be supposed to have no concern, such as- (1) Divisional accounts and subjects relating to the expenditure and receipts of the division. (2) Subordinate forest depot and office establishments and subjects relating to the leave, pay, pensions, allowances, conduct, occupation, promotion, journeying, distribution, increase, decrease and transfers of the same. (3) Valuation surveys, sowings and plantings, felling, extraction, conveyance, custody, deposit and disposal of forest produce and sylvicultural operations of all kinds. (4) Departmental cattle (elephants, etc.), stores, tools and plant, office records, books and maps, stationery, printing exhibitions and specimens, statistics of all sorts, furniture, tents and camp equipage. Chapter 2 Orders Regarding Forest Settlement and Notification of Boundaries -------------------------------------------------------------------------------- All areas proposed for reservation should be inspected by the Deputy Commissioner of the district who should record his opinion as to whether there is prima facie case for reservation. Information under the following heads should ordinarily be given when any forest area is proposed to be reserved : (1) Situation and area. (2) Boundaries. (3) Description of soil. (4) Description of forest. (5) Timber depots. (6) Timber markets. (7) Lines of export. (8) List of villages of private lands within the proposed area. (9) Right of surrounding population. (10) Maps. (11) Working plans. Instructions for Forest Settlement Officers is Assam. - Detailed instructions for Forest Settlement Officers in Assam will be found in the Provincial Government's Circular No. 14-R, dated the 20th March, 1897, which must be carefully studied and followed. They are produced below : (i) The procedure to be observed in the constitution of reserved forests is prescribed in Chapter II of the Assam Forest Regulation, 7 of 1891. It is the duty of the Forest Settlement Officer to make himself thoroughly acquainted with the law contained in that Chapter. The following instructions are intended to indicate and draw attention to the leading points which concern a Forest Settlement Officer. They are not intended to relieve the Forest Settlement Officer in the duty of studying the Regulation itself. (ii) Sections 6 and 7. - After the publication of a notification under Section 5 of the Regulation, and the appointment of a Forest Settlement Officer, the first step to be taken by the Forest Settlement Officer is the publication of a proclamation specifying the situation and limits of the proposed forest setting forth the substance of Section 7 of the Regulation, which bars the accrual of forest rights in the proposed reserve from the date on which the proclamation is published, and prohibits building, the clearing of land cultivation and the cutting of timber within the specified area except under certain conditions ; explaining the effects of the reservation of the forest; and requiring persons claiming the right to cultivate by jhuming or any right in or over the proposed reserve to specify by a fixed date, either in writing or verbally, the nature of their right or claims, A period of at least three months from the date of the publication must be allowed for the presentation of claims. In order to facilitate the preparation and publication of the proclamation required by Section 6 skeleton Forms are sent to the Forest Settlement Officer. A copy of the form is appended to these Instructions. All that the Forest Settlement Officer has to do is to have the blanks in the forms filled in, to sign the proclamations, and to publish them. The proclamations should ordinarily be in Assamese or in Bengali, but if in any special case proclamations in any other language are required, they can be obtained on application to the Secretariat. (iii) Section 7. - It should be noted that the issue of the proclamation under Section 6 does not prevent the exercise of rights already enjoyed and in existence at the time of issue of proclamation, except rights of building, clearing land for ordinary cultivation, or cutting timber for the purpose of trade or manufacture. The- rights thus excepted even though claimed be people living in or near the proposed reserve, must not be exercised except with the written permission of the Forest Settlement Officer. But any existing rights other than those specially excepted may be exercised without such permission. For dxample, a person living in or near the proposed reserve may not, without written permission from the Forest Settlement Officer, build a new house or clear land for ordinary cultivation in the area specified in the proclamation. But he may, if he has been in the habit of doing so, extract bamboos for domestic use and not for sale, and subject to local rules and practice, he may clear land for jhum cultivation, if he has been in the habit or practising such cultivation within the specified area. These examples do not exhaust the list of acts which may and may not be done after the issue of the proclamation. They are merely examples illustrating the law. (iv) Section 6. - The manner in which the proclamation is to be published is prescribed in Section 6. Copies of it should be posted in the court-houses, at the headquarters of each township in which any postion of the of proposed reserve is situated and in conspicuous places in every town or village or near the proposed reserve. Copies should also be sent for distribution to the headmen of the circles and villages in the neighbourhood. The Forest Settlement Officer should not merely publish the proclamation. He should personally explain its meaning to the local village officials and, if possible, to the villagers concerned. The action taken by the Forest Settlement Officers in the matter of publishing and explaining the proclamation should be recorded in his proceedings. (v) Section 8. - As soon as practicable after the issue of the proclamation prescribed in Section 6 of the Regulation, the Forest Settlement Officer should visit the proposed reserve. If a Forest Officer has been appointed under Section 5 to assist the Forest Settlement Officer, both officers should visit the reserve together. The following general instructions relating to the enquiry into rights and claims should be carefully followed. It should be clearly understood that the enquiry is to be made by the Forest Settlement Officer, and not by Forest Officer who may be appointed to assist him. The full responsibility for the enquiry and for the orders passed rests with the Forest Settlement Officer, and he alone should sign the records of evidence or statements which may be taken down and any order which may be passed or reports which may be submitted. The Forest Settlement Officer (with the Forest Officer, if any) should inspect inasmuch as possible of the proposed reserve and should afford the people likely to be affected by the proposed reservation full opportunity of putting forward their claims on the spot. He should remain for some time in or near the proposed reserve for this purpose. (vi) The Forest Settlement Officer is bound by law to take down in writing any settlements of claims in respect of jhum cultivation, or to rights of other kinds made under Section 6, and to enquire into all such claims. It is essential that the record of the enquiry should be full and complete. Any evidence tendered in support of such claims should be recorded in the same manner as evidence is recorded in a civil proceeding, but witnesses should not be put on oath or the solemn affirmation. The Forest Officer (if any) should be allowed to question the witnesses, to produce any evidence bearing on any claim, and to state any objection he may wish to make. Any such objection must be recorded by the Forest Supplement Officer. The enquiry should not be confined to merely recording evidence produced by the claimants or by the Forest Officer. The Forest Settlement Officer should himself call for and examine any persons whom he thinks likely to have knowledge of the facts. Under Section 9 he has power to summon witnesses and to require the production of documents, besides the power to enter, by himself or any officer authorised by him for the purpose, upon any land and to survey, demarcate, and make a map of the same. It is his duty to ascertain the facts, and he is bound to enquire not only into claims put forward by the people, but also in the existence of any right or practice, though no formal claim may have been presented. In short, it is the business of the Forest Settlement Officer to ascertain by full and careful enquiry the actual state of things, the manner in which the reservation, if carried out, will affect the people in the neighbourhood, and the rights and privileges, if any, to which they are entitled. He has no power to confer by entry in the record any privileges which have never been enjoyed, merely because he thinks it expedient to grant them. But he is bound to express fully in reporting his operations, his opinion and advice as to any such privileges which he may think it advisable to confer in the interests of the people. (vii) The classes of claims with which the Forest Settlement Officer has to deal, and the manner in which they are to be dealt with, are described in Sections 10, 11,12, Band 14. (a) Claims relating to the practice of jhum cultivation-Section 10. - Any claim of this kind should, after enquiry, be dealt with as provided in Section 10. Special attention is directed to the requirements of this section which are somewhat complicated. It is for the Forest Settlement Officer to record a statement on consideration of the evidence, setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the Provincial Government, together with his opinion whether the practice should be permitted or prohibited wholly or in part. If he considers that the persons making the claim can, without inconvenience, find sufficient land within easy reach of their village outside the proposed reserve, the continued practice of jhum cultivation within it should not be recommended, except under conditions accepted by the Forest Officer. If it considered necessary to allow jhum cultivation in the proposed reserved the Forest Settlement Officer may deal with the matter in one or two ways. He may, with the previous sanction of the State Government, either alter the limits of the proposed reserve, so as to exclude from it land sufficient for the needs of the persons, claiming the right, or permit jhum cultivation in certain parts of the reserve, subject to such rules and conditions, as he may, with such previous sanction, prescribe. In fixing conditions and making rules under this section for the sanction of Government, the Forest Settlement Officer should take into consideration the views of Forest Settlement Officer, if any, who is assisting him. It should be borne in mind that an order cannot be passed permitting the practice of jhum cultivation in the whole of the proposed reserve, and that an order cannot be passed, permitting practice of jhum cultivation in any part of the reserve as finally constituted, except under conditions previously sanctioned by the Governor. Finally, any permission granted under this section by the State Government to practise jhum cultivation, is in all cases a privilege subject to control, restriction and abolition by the the State Government, and is not a right. (b) Claims to rights of way-Section 12. - The Forest Settlement Officer must after enquiry pass an order specifying the particulars of any claim of this kind, and admitting or rejecting it wholly or in part. Claims of this class will seldom present any features of special difficulty. (c) Claims to right to water-courses or to use of water-Section 12. - In this case, also an order must be passed specifying the particulars of the claim and admitting or rejecting it wholly or in part. The action to be taken in the case of claims of this class seldom involve any difficulty. (d) Claims to right of pasture-Sections 12 and 13. - As in order cases, and order must be passed specifying the particulars of each claim of this kind and admitting or rejecting it wholly or in part. Where a claim of this class is admitted, the provisions of Sections 13 and 14 must also be observed. The order may either provide for the exercise of the right by excluding sufficient land from proposed reserve or may continue the right of pasture within the reserve, or may commute the right by a money payment or, if the claimant agrees, by the grant of land or in such other manner as seems suitable. This is a case in which under Section 12 (2), position and area (which may be approximately stated) of the land over which the right is to be exercised, should be recorded. The area may be the whole or any part of the reserve. In continuing a right of pasture under this section, the Forest Officer must record a provision that the right is subject to such rules as the Governor may prescribe. Special attention is directed to Section 13 (2), by which it is laid down that an order passed continuing a right of pasture shall, as far as practicable, include a statement of the number and description of the cattle and the local limits within which, and the reason during which, they are permitted to graze. A right under this section may be admitted to a class of people (as people of a specified village) or to person specified by name. Any other particulars necessary to define the extent to which a right of this kind is continued, and the mode in which it may be exercised must also be recorded, as well as the extent, if any, to which the benefit of the right may be leased, sold or bartered. (e) Claims to rights to forest produce-Section 12. - lire general rule that an order must be passed specifying the particulars of a claim of this kind and admitting or rejecting it in whole or in part, applies in this case as in other cases. The provisions of Section 13 also apply to claims of this class. As in the previous case, if the claim is admitted the order may exclude from the reserve sufficient land for the purpose of satisfying the claim. If this is not done, the right claimed must either be continued to the claimant, subject to any rules which the Governor may prescribe, or be commuted for a money payment, or, if the claimant agrees, by the grant of land, or in such other manner as seems suitable. Whether the claim is met by the exclusion of land from the proposed reserve, or by continuing the right within the reserve, or by commuting it under Section 14, it is necessary sold or that the order should state whether the forest produce referred to may be sold or bartered, or whether it is only for the use of the persons exercising the right. If the continuance of the right within tire reserve is permitted, the order must specify, as far as practicable, tire quantity of timber or other forest produce that may be taken. Any other particulars necessary to define the extent to which a right of this kind is continued, and the mode in which it may be exercised, must also be recorded, as well as the extent, if any, to which it may be sold or bartered. The exercise of a right to forest produce may be permitted in the whole or any part of the reserve, and the right may be admitted to a class of people, e.g., the people of a specified village or to persons by name. (f) Other claims not included in the above classes-Section 11. - Section 11 prescribes the method of dealing with claims not included in the preceding classes. In this case, as in other cases, the Forest Settlement Officer is required to pass an order specifying the particulars of each claim and admitting or rejecting it wholly or in part. In cases in which a claim of this class is admitted, the Forest Settlement Officer must either arrange with the claimant for surrender of the right or excluded the land in respect of which the right is claimed from the limits of the proposed reserve, or acquire the land under the Land Acquisition Act. It is not necessary to give a detailed description of the procedure under the Land acquisition Act as modified by this section. Recourse to this procedure will seldom be necessary. (g) It is frequently desirable to allow villagers to enjoy the use of paths, of pasturage, or minor forest produce and other easements to which they have been accustomed. Such grants should, however, only be shown as rights in those cases in which there are reasonable grounds for holding that such rights are legally estabilished. In all other cases they should be shown as concessions. A right of way, a right to pasturage, to the use of minor forest produce or to other easements can only be legally acquired against the State by grant of covenant or by uninterrupted use under claim of right for a period of 60 years [vide Section 26, 9 of 19081- (viii) Section 20. - When any claim is preferred, the Forest Settlement Officer should consider under which of the above classes it falls, and should then proceed to investigate and pass orders on it in accordance with the above instructions. He should explain that any order issued by him is subject to the Governor's sanction, and this should be clearly stated in the order. A translation of every order passed on any claim should be furnished without delay to the person or persons affected by the order, to enable him to appeal if he wishes to do so. Attention is called to Section 16 of the Regulation which requires the Forest Settlement Officer to receive and forward to the appellate authority any petitions of appeal against his orders. Whenever an order on a claim is passed, the Forest Settlement Officer should infrom the person or persons concerned that they are at liberty to appeal within three months, and that they may lodge their appeals with him. (ix) After completing the enquiry and passing orders on all claims presented to him the Forest Settlement Officer shall forward his proceedings to the Officer appointed to hear appeals from his orders. The proceedings shall include a copy of the notification issued under Section 5 and of the proclamation issued under Section 6, a record of the manner in which the proclamation was published, and of the steps taken to explain it, the record of all evidence taken in the course of the enquiry, of all orders passed by the Forest Settlement Officer, and of any objections made under Section 8 by the Forest Officer (if any) assisting in the enquiry, and a full report summarising the proceedings and containing the recommendations of the Forest Settlement Officer concerning the constitution of the proposed reserve, the manner in which claims have been disposed of, and the privilege, if any, which should, in the Forest Settlement Officer's opinion, be granted, whether any have been claimed or not. The Forest Officer (if any) assisting in the enquiry should see the draft of the report, and may record in writing any remarks he may wish to make and any such remarks should b e filed with and form part of the proceedings. The report should distinctly state whether the Forest Officer agrees or disagrees with the Forest Settlement Officer either generally or on any specified point, but it shall not be signed by the Forest Officer. A statement of the limits of the reserve as finally recommended, and statements in the prescribed forms of any rights claimed in respect of the proposed reserve, should be attached to the proceedings. The Forms A, B and C, in which the statements of claims should be recorded, are appended to these instructions. (x) (a) A map of area proposed to be reserved be prepared by the Forest Officer for the approval of the Forest Settlement Officer and should be signed by both officers when it is finally passed by them. The boundaries of the reserve originally proposed should be outlined with a dotted red line and the area finally recommended with a dotted green line. Other existing reserves in the neighbourhood should have their boundaries outlined with a continuous green line. Areas excluded from the proposed reserve but within its boundaries should be surrounded with a dotted green line and the areas in which jhum cultivation is permitted should be coloured with a green wash. Paths and roads over which rights of way are reserved for the public should be indicated by brown broken line. The map must contain, legibly written, the names of all rivers, villages, ridges, etc., without exception mentioned in the statement of boundaries, and as far as possible of all those mentioned in the proceedings of the Forest Settlement Officer. (b) The map should be prepared on the scale of 2 inches equal to 1 mile. Where there is too small a scale to illustrate the intricacies of certain portions of the boundary, these portions should be dealt with on a separate plan, or as an inset to the main plan. (c) Where Survey of Indian maps of scales not smaller than 1 inch equal to 1 mile exist, use should be made of these. The Forest Officer should ascertain from the Provincial Survey office whether maps on the one-inch scale, if any, exist of the area in which the imposed reserve falls, and where such maps exist the officer-in-charge of the Assam Traverse Party and Drawing Officer should be requested to supply paragraph enlargements to the 2-inch scale of the particular area with which it is required to deal. The Forest Officer should then supplement and correct these enlargements on the ground as may be found necessary for his purpose. (d) In order to attain uniformity in the spelling of names of and in reserved forest so that forest maps and notifications may, as far as possible agree, the following rules should be observed : ### 1. The spelling of proper names may be taken from the Survey of India Publications, were such are forthcoming. The orthography of these maps is reliable. In the case of reserved forests which have neither been mapped nor notified, Conservator of Forests concerned should send the draft notification Survey Superintendent concerned to obtain the correct spelling of names. ### 2. For reserved forests that above been notified but not mapped the Survey will enter the correct spelling in all their maps and will notify the Conservator concerned of corrections to names which appeared in the notification ; an amended notification will be issued if the errors are numerous and serious. (xi) When the appeals, if any, preferred against the Forest Settlement Officer's orders have been disposed of, and the statements of rights and privileges completed, if necessary, in accordance with the result of such appeals, the proceedings of the Forest Settlement Officer, with the proceedings, if any, held by the appellate authority, should be submitted for the Governor's orders by the Commissioner, if the forest is situated in the Assam Valley districts, otherwise by the Deputy Commissioner, through the Conservator of Forests. Proclamation [Under Section 6 of Assam Forest Regulation 7 of 1891] ### 1. The Governor, in a Notification No. R..............of having proposed to constitute the following area a reserved forest, notice is hereby given to all whom it may concern that this area is situated and bounded as follows : Name of proposed reserved forest ...............................situated in the..........district........sub-division pargana/mauza, bounded approximately as follows: North- East- South- West- ### 2. From this date no right can be acquired in or over this land except from Government or from some person or community previously possessing such right. This area cannot be built on, planted or cleared for cultivation or any other purpose, nor can trees be cut, except on the written permission of the Forest Settlement Officer ; provided that persons who have been constantly jhuming on such area, may continue to jhum pending further orders. ### 3. The Governor has appointed.............to be Forest Settlement Officer to enquire into all rights possessed or claimed, by any person, or village in or over such area in or over any forest produce of such area, and any person claiming in that area- the privilege to jhum, the right to use roads or paths for men or cattle, the right to use water or water courses, the right to graze cattle, the right to cut or use timber or other forest produce, the right to do any other acts, shall appear before the said Forest Settlement Officer within.................months from this date, and have their claims recorded or shall forward to him such claims in writing. ### 4. Persons omitting to present their claims within this period incur the risk of losing any right they may possess, and any rights not recorded by the Forest Settlement Officer within this period will be extinguished, on the issue of the notification which it is proposed to issue constituting the area as reserved forest. ### 5. The settlement now being made will regulate for the future all questions of right to the Land or produce. Persons interested are reminded that, if before and after this area is made a reserved forest, no acts can be performed by them, except in accordance with recorded rights or privileges or on the written permission of an officer of the State. Forest Settlement Officer Dated the.............. Statement A Regarding claims to practice jhum cultivation in the proposed reserve dealt with under Section 10 of the Assam Forest Regulation, 7 of 1891 | | | | | | | --- | --- | --- | --- | --- | | No of claim. | Name and description of claimant. | Number in claimant’s village of | Particulars of claim and of any local rule or order under which the practice allowed or regulated. | Opinion of Forest Settlement Officer whether practice should be permitted or prohibited wholly or in part. | | Houses. | People. | Jhum cultivators. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Order of Provincial Government on entry in column 7. | Provision made for the exercise ofJhumcultivation under Clause (a) or Clause (b) of Section 10 (3) of Regulation. | Order of Provincial Government on entry in column 9. | Date of final order of Forest Settlement Officer. | Date of appeal, if any. | Order passed on appeal and date thereof. | | 8 | 9 | 10 | 11 | 12 | 13 | | | | | | | | Statement B Relating to claims to rights other than (a) a right of way, (b) a right to a water course and to use of water, (c) a right of pasture or to forest produce in the proposed reserve dealt with number Section 11 of the Assam Forest Regulation, 7 of 1891 | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | No. of claim. | Name and description of claimant. | Number in claimant’s village of | Particulars of claim. | Order admitting or rejecting the claim wholly or in part. | Manner in which claim has been disposed of under Section 11(1) , (2) and (3). | Date of order of Forest Settlement Officer. | Date of appeal, if any. | Order passed on appeal and date thereof. | | Houses. | People. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | | | | | | | | | | | | Statement C Relating to claims to right of way, water courses, pasture, and forest produce in the proposed reserve dealt with under Section 12,13 or 14 of the Assam Forest Regulation, 7 of 1891 | | | | | | | --- | --- | --- | --- | --- | | No. of claim. | Name and description of claimant. | Number in claimant’s village of | Particulars of claim. | Order admitting or rejecting the claim wholly or in part. | | Houses. | People. | Jhumcultivators. | Ordinary cultivators. | Cattle. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Designations, position and area of land or buildings for the beneficial enjoyment whereof the claim is admitted. | Particulars defining the nature, incidents and extent of the right to pasture or to forest produce. | Provisions made for the exercise of the right to pasture or forest produce under Cl. (a) or Cl. (b) of Section 13 (1) of Regulation or for commutation of such right under Section 14. | Date of order by Forest Settlement Officer. | Date of appeal, if any. | Order passed on appeal and date thereof. | | 10 | 11 | 12 | 13 | 14 | 15 | | | | | | | | Rights of the State in land or produce. - The granting of a concession is very different thing from the admission of a right and the permission which is sometimes granted to raiyats to continue to collect firewood or graze cattle in, or to use a path through, a forest after reservation, in cases where they are shown to have a special claim to consideration, is granted as a matter of grace, and not of legal obligation. Should any "rights" be found to exist by a Forest Settlement Officer in the case of future proposals to constitute forest reserves, the special attention of the Government should be drawn to the finding. For the present, it is sufficient to say that no private or public rights in land, or the produce thereof, or recognised by the State as existing in Assam other than those specially declared to exist by Section 6 of the Assam Land and Revenue Regulation of 1886 : nor is there any reasonable probability of such rights ever being claimed. Even assuming the bare possibility of any person thereafter claiming some sort of right in land , or in the produce of land "at the disposal of the State", the view that such a possibility, which no doubt, is entirely removed in the case of a reserved forest, reduces the actual status of the Slate in such land below that which it holds in reserved forests, is one the Governor cannot accept : this explains why he has thought it necessary to give a legal basis to the action of the Forest Department in levying special rates of royalty in reserved forests. ### 1. Limit of temporary privilege. - The maximum limit of the period for which temporary privileges may be granted in reserved forests is fixed at ten years. Forest Officer should obtain notice of the dates of Forest Settlement Officers' inquiries into rights and privileges in areas proposed as reserves, and bring to the Conservator's notice facts which might prove detrimental to forest conservancy, or matters which may not be sufficiently understood by the Settlement Officer. Article 58 of the Forest Department Code lays down values not to be exceeded except with the sanction of the Central Government. ### 2. Amended description of boundaries. - Cases arise in which it may be desirable to publish, by means of a fresh notification, amended descriptions of the boundaries of forest reserve already notified under Section 17 of the Assam Forest Regulation or under other forest enactments. It has been ascertained that there is no legal objection to this course, if the fresh notification merely provides for the substitution of a more exact and definite description of the boundaries for that which was originally notified and which, though purporting to describe the boundaries as they existed at the time, has subsequently become incorrect or proved to be opened to misconstruction. The appended form of notification is considered suitable for such cases, and may be employed whenever necessary. The procedure permitted in the foregoing paragraph must not be held to extend to any such alteration of the boundaries on the ground as would involve either the inclusion of new areas or the exclusion of any lands which have been declared by the previous notification to be reserved forests. Such changes required either a new settlement of the additions it is proposed to make or, in the case of disforestation, the previous sanction of the Central Government. Notifications With reference to Notification No dated the ...under section. of the Assam Forest Regulation (7 of 1891), at page of the official Gazette of the..............declaring the........forests to be a reserved forest........is pleased to direct that the following amended and more accurate description of the boundaries of the said forest be substituted for the description contained in the said notification. ### 3. Disforesting of forest areas. - A draft notification in the form appended to this rule must, subject to such minor modifications as local circumstances may render expedient or necessary, accompany every application to the Central Government for sanction to disforest. In all such applications it should be stated whether or not the local revenue and forest authorities agree to the disforestation proposed ; and in the event of any objection to such disforestation being urged, its nature should be recorded for the information of the Government of India. The advisability of submitting with the application a map illustrating the proposals made should be considered in each case by the State Government concerned. Draft Notification The Governor (with the previous sanction of the President) is hereby pleased to declare under the provisions of section................of..........that the area specified below, which in Notification No dated the, was declared to be reserved forest under section of that shall cease to be reserved forest, with effect from the................. Specification of Land Disforested | | | | | | | --- | --- | --- | --- | --- | | Name of reserve or portion of reserve disforested | District | Pargana | Mauza | Area in acres | | 1 | 2 | 3 | 4 | 5 | | | | | | | Boundaries. Brief description. Reasons for disforestation. The Central Government will be constrained to return, for correction, any application to sanction exclusions from reserved forests, where the description of boundaries is inaccurate or not sufficiently detailed or precise. ### 4. Provincial Government may disforest an area up to ten square miles. - Under the authority vested in him by Section 28 of the Assam Forest Regulation (7 of 1891), as amended by the Assam Forest (Amendment) Regulation, 3 of 1912, the President has ruled that the Governor of Assam may, without reference to the Government of India, sanction disforestations from reserved forests in territories in which the Assam Forest Regulation is in force when the area involved does not exceed ten square miles in each case. ### 5. Settlements made previous to the introduction of the Forest Act, 7 of 1878. - The rights of the State and private persons to or over any land or forest produce in forests declared reserved or protected under Section 34 of the Indian Forest Act, 7 of 1878, and notified in Notification Nos. 5 and 6, dated the 17th October, 1878, previous to such declaration, were inquired into, settled and recorded in a manner which the Governor deemed sufficient. Chapter 3 Section I-General Provisions ------------------------------------------- ### 1. Definitions. - In these rules, unless there is anything repugnant in the subject or context- (a) "Special cultivation" means cultivation which involves, either owing to the nature of the crop or owing to the process of cultivation, a much large expenditure of capital per acre than is incurred by most of the cultivators in the State. "Ordinary cultivation" means cultivation other than special cultivation. (b) "Waste land" means land at the disposal of the Government, which the Government has not disposed of by lease, grant or otherwise, and which is not included in a forest reserve, or in a forest proposed to be reserved under Section 5 of the Assam Forest Regulation, 7 of 1891, or in a protected forest constituted under the rules made under the said Regulation, and has not been allotted as a grazing ground under rules framed under Section 18 of the Assam Land and Revenue Regulation. (c) An annual lease means a lease granted for one year only and confers no right in the soil beyond a right of user for the year for which it is given. It confers no right of inheritance beyond the year of issue. It confers no right of transfer or of sub-letting and shall be liable to cancellation for any transfer or sub-letting even during the year of issue: Provided that the State Government may waive their right to cancel an annual lease and may allow its renewal automatically till such time as the State Government may direct in those cases in which the land is mortgaged to Government or to a State sponsored co-operative society. (d) A periodic lease, except in the case of town land, means a lease granted for a period longer than one year, and in the case of town land, a lease for a period longer than three years. Subject to and so far as is consistent with any restrictions, conditions, and limitations contained therein, a periodic lease, the term of which is not less than ten years, conveys to the lessee the rights of a land holder as defined in the Assam Land and Revenue Regulation. (e) The "terminal year of a local area" means the year up to which the rates of land-revenue shall, according to the orders passed by the State Government at the last settlement of that local area, remain in force. (f) "Settlement" in these rules means the leasing of land at the disposal of the Government and includes the operations of survey classification and report, preliminary to such leasing. (y) "Cost of survey" includes cost incurred by the Deputy Commissioner for the pay of the survey or and of the establishment. 4 (h) "Timber" includes trees when they have fallen or have felled, and all wood whether cut up or fashioned out for any purpose or not. (i) "Tree" includes palms, bamboos, stumps, brush-wood and canes. ### 2. Powers of Deputy Commissioners. - The disposal of waste land required for ordinary or special cultivation or for building purposes will vest in the Deputy Commissioner who will dispose of such land by grant, lease or otherwise in the manner and subject to the conditions set forth in the rules following ; provided that the Deputy Commissioner may expressly reserve any such land from settlement: Provided that no land in any unclassed State forest containing trees declared as reserved tress under Section 32 of the Assam Forest Regulation 1891, shall be settled except with the previous approval of the State Government. Note. - For orders regarding the disposal of land left by settlement holder dying without heirs, see paragraph 84-A of the Assam Executive Manual. ### 3. Delegation of powers of Deputy Commissioners. - The Deputy Commissioner may, by general or special order, delegate to any Revenue Officer within the district all or any of the powers conferred by these rules including the power to receive application for land provided that- (i) no officer of lower status than a Sub-Deputy Collector shall pass final orders to issue a periodic lease or to grant settlement of land; and provided that Sub-Deputy Collectors may not exercise such powers if the land in question exceed 12 bighas or such other area as may be prescribed by the State Government by general or special order from time to time ; (ii) delegation of powers under Rule 18 (1) and (2) may be made only to a Sub-divisional Officer. All orders passed by a subordinate officer under the provisions of this rule shall be subject to revision by the Deputy Commissioner. Explanation. - For the purpose of this rule, the words "Sub-divisional Officer" shall include Sub-divisional Officer of Sadar Sub-division also. ### 4. Settlement Officer. - When a Settlement Officer has been appointed under Section 133 of the Assam Land and Revenue Regulation for any local area or class of estates, he shall exercise the powers of a Deputy Commissioner as conferred by these rules ; provided that he shall not settle any land which has been expressly reserved by the Deputy Commissioner from settlement: Provided further that the Deputy Commissioner shall continue to exercise the powers under Rule 8. ### 5. Application for land. - Application for leases of waste land shall be in writing and shall be presented to the Deputy Commissioner or to such other officer as may be empowered by the Deputy Commissioner under Rule 3. They shall be made in such form as the State Government may, from time to time direct. [Vide Forms Nos. 125 and 126]. Note. - Deputy Commissioners should indent for a sufficient number of these forms for sale by the Revenue Nazir-(a) to the public, and (b) to the stamp vendors for retail sale to the public. \* \* \* \* \* \* ### 15. Settlement of occupied lands not included in any lease. - No person shall have any right to settlement merely because he is in occupation of land not included in any lee granted by the State Government either to himself or to any other person. ### 16. Prohibition to enter into land until issue of lease. - Lease shall be issued on written application only, and no person shall enter into possession of waster land in any area until a lease has been issued to him or otherwise a written permission by Deputy Commissioner has been granted to him, pending issue of such lease, to enter into possession. ### 17. Liability to pay revenue. - If the occupant, to whom settlement is offered, accepts it, he shall be liable for the revenue assessed on the land from the commencement of the year in which he first occupied it. If the occupant refuses the settlement offered to him, settlement may be offered to any other person from the commencement of the year succeeding that in which the occupation was discovered and the actual occupant, notwithstanding his refusal to accept settlement, shall, from the commencement of the year in which he first occupied the land, be held liable for the revenue assessed on it. ### 17A. - The Deputy Commissioner may, at any time on application or of his own motion, assess increment or grant reduction in the revenue in proportion to the charge in area of the lease as a result of gain by alluvion by dereliction of a river, or loss by diluvion, during the currency of the settlement: Provided that no such revision of the revenue and area of the lease shall be made until the parties concerned had been given reasonable opportunity of being heard. ### 18. Ejectment. - (1) Subject as hereinafter ' provided, the Deputy Commissioner may eject any person from land over which no person has acquired the rights of a proprietor, landholder, or settlement-holder. (2) When such person has entered into possession of land that has previously been reserved for roads or roadside lands or for the grazing of village cattle or for other public purposes, or has entered into possession of land from which he has been excluded by general or special orders and when, further there is no bona fide claim of right involved, he may be ejected or ordered to vacate the land forthwith, and the Deputy Commissioner may sell, confiscate or destroy any crop raised, or any building or other construction erected, without authority on the land. (3) (a) In all other cases ejectment shall be preceded by publication of a notice in the manner prescribed below requiring the occupant generally to vacate the land specified in the notice within 15 days of the date of publication of the notice on the land concerned or in a prominent place in the vicinity thereof, and to remove any buildings, houses, fences or crops, etc., which may have been raised on such land; provided that the Deputy Commissioner may give time to any particular occupant to harvest the crops, if any, growing on such land. Any buildings, houses, fences, crops, etc., which have not been removed in accordance with such notice shall be confiscated to the Government. (b) The notice referred to in Clause (a) of sub-rule (3) above shall be published by affixing a copy thereof in the Notice Board of the Office of the Deputy Commissioner or the Sub-divisional Officer as the case may be, and also in the Notice Board of the office of the Sub-Deputy Collector within whose jurisdiction the land is situated. A notice shall also be published by affixing a copy thereof on the land concerned or in a prominent place in the vicinity thereof. (4) Any person or persons required by notice to vacate under the last preceding sub-rule the land which the person or persons occupy, shall comply with the requisition within the time prescribed in the notice, running from the date of service. (5) Any person or persons intentionally disobeying an order or requisition to vacate under sub-rule (2) or (3) shall be liable to a penalty which may extend to two hundred rupees, and, in case such disobedience is continued to a further penalty which may extend to fifty rupees for each day during which such breach continues. (5-a) Any person, who having been once evicted under sub-rule (2) or sub-rule (3) from any land, encroaches on any land over which no person has acquired the right of a proprietor, landholder, or settlement holder, shall on conviction before a Magistrate, be liable to imprisonment which may extend to six months or fine which may extend to one thousand rupees or with both. (6) Nothing in sub-rule (3) of this rule shall apply to any person who has refused an offer of settlement in respect of the land of which he is in possession. ### 19. Land revenue and minimum assessment. - The land-revenue payable on account of any lease shall be determined by such general orders regarding the assessment of land revenue as may have been issued by the State Government when confirming the last settlement of local area or class of estates in question. Where no such general orders exist, the special orders of the State Government shall be taken : Provided that the minimum assessment of an estate shall be one rupee. ### 20. Fraction in assessment. - In fixing the total demand on an estate fractions of a paisa shall not be taken into account. Any fractions of paisa less than half paisa shall be neglected ; half a paisa or more shall be counted as a whole paisa if the assessment of an estate amounts to one hundred rupee, or more, any fraction of a rupee less than paise shall be omitted and fifty paise or more shall be treated as one rupee. ### 21. Royalty on timber. - The following provisions shall apply to cases of all leases for ordinary cultivation : (a) No royalty shall be payable on any forest produce except timber sold, bartered, mortgaged, given or otherwise transferred or removed for transfer. The timber sold, bartered, mortgaged, given or otherwise transferred or removed for transfer shall be liable to the full royalty under the rules relating to unclassed State forests. (b) Before a lease is granted the applicant may (and shall if, for special reasons to be recorded, the Deputy Commissioner so require) clear his liability for royalty upon all timber afterwards sold, bartered, mortgaged, given or otherwise transferred or remove for transfer by the pre-payment of a sum representing the full royalty on all trees which are likely to be sold, bartered, mortgaged, given or otherwise transferred or removed for transfer. The sum to be so paid shall be estimated by the Deputy Commissioner either on the basis of rate per bigha, or in such other manner as may be fair as equitable. The estimate of the Deputy Commissioner shall be final. The pre-payment shall be made either in one instalment or in such series of instalments as the Deputy Commissioner may, by general or special order, determined. (c) At any time during the pendency of a lease the lessee may in the manner set forth in Clause (b) clear his liability in respect of all trees still standing on the land. (d) Notwithstanding anything contained in the preceding clauses, trees which were planted, or began to grow, on the land during the pendency of a lease shall be exempted from all payments of royalty even if sold, bartered, mortgaged given or otherwise transferred or removed for transfer. When land has been settled continuously for twenty years, all trees standing thereon shall be presumed to have been planted, to have begun to grow, during the pendency of the lease. (e) If no trees other than trees exempted under Clause (d) are standing upon the land of a lessee, he may at any time apply to the Deputy Commissioner for an endorsement to this effect upon his lease, and the Deputy Commissioner, after ascertaining that allegation is correct, shall make such endorsement free of charge. (f) Subject to the payment of such royalty, if any, as is due under Clauses (a), (b) or (c) of this rule, the holder of a periodic or annual patta shall be entitled to cut down or sell any tree standing on the land covered by his lease; provided that the holder of an annual patta shall not be entitled to cut down or lop branches from trees of such classes and within such areas as may be notified in this behalf by the State Government. Note 1. The words "notified in this behalf by the State Government" in Rule 21 (f) refer only to notifications issued from time to time under this rule and not to other notifications issued by the State Government. Note 2. Leases for land settled with persons carrying on special cultivation for allotment to the labour force under their control for ordinary cultivation shall, for the purpose of timber valuation, be governed by Rules 37 to 39. ### 22. Refund of value of timber or resignation of a grant. - In any case in which settlement-holder has paid royalty for timber standing on his estate he may, in case he hereafter resigns the whole or any portion of his estate, be granted a refund of the value of the timber of trees standing thereon subject to the following provisions : (i) Where the area resigned is a compact area of 250 acres or upwards the settlement-holder shall be entitled to a refund, in respect of all unused timber, of the royalty paid at the time of settlement. (ii) Where the area resigned is not a compact area of 250 acres, refund of the royalty paid at the time of settlement in respect of all unused timber may be made at the discretion of the Commissioner. (iii) Where a settlement-holder resigns land on which valuable trees have been planted subsequent to settlement, a fair valuation of the trees standing on the land may be paid to the settlement-holder at the discretion the State Government. (iv) When a refund is claimed under Clause (i) or (ii) it shall be for the settlement holder to prove the amount of royalty paid at the time of settlement in respect of the area resigned. The Deputy Commissioner shall cause a Forest Officer to estimate what proportion the value of the standing trees to the value of the trees at the time of settlement, and the amount of the refund shall bear the same proportion to the amount of royalty paid at the time settlement ; provided that the Commissioner may at his discretion authorise a Forest Officer to assess the timber at its present market value in situ, in cases where it is not possible to prove the amount of royalty paid in respect of the area resigned. ### 23. Road-side land. - (1) Nothing in these rules shall entitle any persons to obtain a lease in respect of land within 35 feet from the foot of the slope of a public road. Any person occupying or encroaching on such land shall be liable to ejectment under Rule 18 of these rules. Explanation. - The expression "public road" includes any road maintained by the State Government or by a local board, and any other road declared by the Deputy Commissioner to be a public road for the purpose of this rule. (2) Except under the general or special orders of the State Government no new periodic lease shall be issued in respect of land within one chain (66 feet) of the 35 feet reservation alongside roads maintained by the State Government. Note. - This rule applies to existing and not to projected roads. It is , however, open to the Public Works Department to apply to the Deputy Commissioner to utilise his powers under Rule 2 so as to reserve from settlement otherwise than on annual lease land lying within 126 feet from the centre line of a projected road. Section II. - Special Provisions Relating To Applications For Special Cultivation ### 29. The following additional rules shall apply only to applications for waste land for special cultivation. ### 30. Applications to be in writing. - Leases for special cultivation will be issued on written application only. - ### 31. Lands which may not be leased under this section. - (1) Ordinarily, waste land of the following description shall not be leased under this section without the special sanction of the State Government : (a) Land in forests reserved, or proposed to be reserved, under Section 5 of the Assam Forest Regulation 7 of 1891, and land in unlcassed forests containing trees declared as reserved trees under Section 32 of the Assam Forest Regulation, 1891 ; (b) Land specially valuable for gazing or for the supply of fuel and other forest produce; (c) Land known or supposed to contain valuable minerals ; (d) Land claimed by wild tribes, or over which the inhabitants of neighbouring villages claims special privileges. (2) The Deputy Commissioner shall refer all applications received for special cultivation to the Divisional Forest Officer for report on (1) (a) and (b) above. Note. - When examining an application referred to him under this rule, a Forest Officer should consider whether the timber on the land or any part of it can be advantageously disposed of under Rule 39. ### 32. Land applied for to be compact. - If the area applied for exceeds 50 acres, it must be compact and such as might be enclosed within a ring fence. If the land touches a public road or navigable river, the length of the road or river, frontage must not exceed one-half the depth of the area applied for; but if for any special reasons the State Government sees fit to relax this restriction, they may do so. ### 37. Valuation of timber. - The Deputy Commissioner, shall as soon as possible after an application has been filed under this section and admitted by him, cause a Forest Officer to make an estimate of the full royalty valuation of the trees on the land applied for. The Forest Officer shall submit his valuation, if the royalty at full rates would not exceed Rs.1,000 to the Deputy Commissioner, and the Deputy Commissioner, if he does not approve of it, may refer the matter, to the Conservator, whose decision shall, subject to the orders of the State Government, be final. If the royalty at full rates would exceed Rs. 1,000, the Forest Officer shall before sending his valuation to the Deputy Commissioner, submit it for confirmation to the Conservator, who may reduce it up to a maximum of 50 per cent, if he considers that it is too high, having regard to the inaccessibility of the timber to a market or to any other consideration. Should the Conservator consider that a larger reduction is called for than 50 per cent on the Forest Officer's valuation, he will report the case to the State Government for sanction to such reduction. If the applicant is dissatisfied with the valuation fixed by the Conservator, he may appeal to the State Government. ### 38. In special cases, payment of the value of the timber on the land may be postponed for such time under such conditions as the State Government may decide. ### 39. Prior disposal to timber. - Nothing in these rules shall prevent the Deputy Commissioner from disposing of the timber or any part of it on the land applied for before settlement is completed. Any such disposal of the timber shall be arranged as soon as possible after the receipt of the report of the Divisional Forest Officer under Rule 31 (2) , and a definite period not exceeding two years shall be fixed within which the timber disposed of shall be removed. If and when timber is so disposed of by the Deputy Commissioner the valuation of the remaining timber shall be made as soon as possible; provided also that the lessee shall be given the right of entering for the purpose of commencing cultivation, previous to such valuation being completed, if he so desires. ### 45. Right of a lessee. - Subject to the special conditions laid down, a lease for special cultivation shall confer a permanent, heritable and transferable right. The term of the lease shall be 15 years after which the holder shall be entitled to settlement on a periodic khiraj lease for special cultivation at the rates then current in the district. ### 46. Reservation between adjoining grants. - In the case of all leases of land exceeding 50 acres and not exceeding 600 acres granted under these rules, the Deputy Commissioner shall reserve from settlement- (a) any land which in his opinion is required for public passage, and (b) a strip of land at least 100 feet wide between the grant and adjoining grants (if any). In the case of leases of land exceeding 600 acres, the Deputy Commissioner shall, in addition, divide the land into convenient blocks and reserve similar strips between each pair of adjoining blocks. If in any particular instance the Deputy Commissioner is unable to follow this rule, he shall report the departure together with his reasons to the Commissioner, who may pass such orders as he thinks fit: Provided that if at any time it appears to the Commissioner that the continuance of any reservation made under this rule, excepting those over which the public have acquired a right-of-way, is unnecessary, he may cancel such reservation and settle the land over which the reservation was made in such manner either by exchange with land already settled, or otherwise, as may appear to him desirable. \*\*\*\*\*\* Chapter 4 Privileges and Concessions ----------------------------------------- ### 1. Concessions granted in Mangaldai Sub-division. - As a special case, the grant of Khaira trees in unlcassed State forests to the Cacharis of the 12 mauzas named below in Mangaldai sub-division is authorised on home consumption permits on payment of the nominal royalty of 4 annas per tree. ### 1. Kalaigaon. ### 2. Chinakona. ### 3. Majikuchi. ### 4. Sekhar. ### 5. Dakhua. ### 6. Harisinga. ### 7. Ambagaon. ### 8. Barsilajhar. ### 9. Orang. ### 10. Silpota. ### 11. Northern part of Balgaon Mauza. ### 12. Northern part of Samabari Mauza. ### 2. North Lakhimpur. - The Sub-divisional Officer of North Lakhimpur may exercise his discretion, and permit the falling of uriam trees free of royalty in localities where land for jhuming is comparatively scarce, and where real hardship is being caused by people having to choose inferior land on account of the better soil having uriam trees on it; but this discretion should be exercised by him on the district understanding that whenever the people wish to remove the timber or any portion of it for sale, they must pay the full royalty on each tree, as otherwise the concession would rapidly degenerate into the regular felling of the uraim trees for the purpose of trade. ### 3. Sylhet. - Royally should not be levied on bamboos cut down by the dao-tax payers in course of cultivation in addition to the dao-tax levied on them. ### 4. Gauhati. - Mikirs are exempted from the payment of any tax for collecting firewood for sale in the Gauhati town when in the opinion of the District Officer, the sale merely earns for them a bare livelihood. ### 5. North Cachar. - Members of all Hill tribes of the North Cachar Hills Sub-division are exempted for the payment of royalty on firewood brought by them for sale from the unclassed State forests in the North Cachar Hills to the Station of Hafiong as well as outside Bazars within the Sub-division when, in the opinion of the District Officer, the sale merely earns for them a bare livelihood, subject to the condition that throughout the area affected both by this new concession and by the existing concession the Sub-divisional Officer does his utmost to induct the villages from which the firewood is produced for sale to adopt permanent in place of shifting cultivation wherever it is possible and reports progress in five years : and that if it is found that at any Bazar a regular trade in fuel is started and fuel is exported, the concession will be withdrawn from that area. ### 6. Shooting in reserved forests, Naga Hills District. - As special case, the grant of licences free of charge to the raiyats of Barpathar for the purpose of shooting in the neighbouring Government reserved forest is authorised. ### 7. In Hill areas Deputy Commissioner are empowered to exempt, in consultation with the Divisional Forest Officers, specified kinds of minor forest prodyces and articles manufactured as a home industry from such produce from payment of royalty and from all restrictions as regards sale in particular markets or areas. The area covered by the order and in market or markets at which the produce may be sold should be clearly specified. ### 8. I. (a) As special concession and without prejudice to the rights of the State over unclassed State Forests, tax paying residents and tribesmen, and all servants of the State and pensioners living in the Sadiya Frontier Tract may extract for their own domestic use only from unclassed State forests in the Sadiya Frontier Tract unreserved timber, either green or dead, firewood, bamboos, cane, thatching, grass, ekra, nal, patidal, patidoi, fodder, grass, stones, gravel and sand without payment of royalty; provided that forest produce extracted under this rule shall not be transferred by sale, barter or gift, and the quantity extracted at a time shall be limited, except with the permission of the Political Officer, to what the concessionaire himself can carry, or where the ordinary means of extraction is by boat or other means of conveyance, to such corresponding limit as may be fixed by the Political Officers. (b) All servants of the State and pensioners living in the Sadiya Frontier Tract may remove and utilise free of royalty such timber as the Divisional Forest Officer considers necessary for the construction of their dwelling houses and for their personal use, but not for sale, trade or gift. II. (a) The Political Officer is authorised to grant permits free of royalty to tribesmen of the district to cut and removed dugouts from trees of reserved species, for domestic purposes from unclassed State forests in the Sadiya Frontier Tract. (b) A similar concession may be granted under the authority of the Political Officer to other residents of the Sadiay Frontier Tract, where in his opinion special circumstances warrant it: III. The felling of trees of all reserved species permitted in jhums cleared by tribesmen for cultivation. IV. Tribesmen may fell, removed and utilise free of royalty timber of all species other forest produce, such as Toko leaves, cane, etc., for house building and domestic use from unclassed State forests in the Sadiya Frontier Tract, but not for sale, trade, barter or gift. V. Tribesmen of the Sadiya Frontier Tract are exempted from the payment of royalty on small quantities of firewood collected from unclassed State forests, and on salved drift timber offered for sale in the Bazars of the district, when in the opinion of the Political Officer, the sale merely earns them a bare livelihood. The powers exercised under these rules by the Political Officer may be exercised by the Assistant Political Officer, Pasighat, in respect to tribesmen of the sub-division. A return showing the number of species of reserved trees granted free for dugouts under Rule II (a) and II (b) will be submitted annually at the close of the financial year to the Divisional Forest Officer for incorporation in his Forms. VI. The Civil Hospital at Saddiya is exempted as a special case from payment of royalty on firewood obtained from the neighbouring unclassed State forests for consumption within the hospital. ### 9. Jorhat and its vicinity. - The pattadars of Jorhat and its vicinity, i.e., within a radius of five miles from the Municipal Area of Jorhat Town in the District of Sibsagar only exempted from necessity of obtaining certificate of origin to cover firewood removed from their patta lands. Beyond a radius of 5 miles their exemption does not hold good. ### 10. (I) Without prejudice to the rights of the State over the reserved forests, tribesmen including the settlers of such Daffla villages in the Balipara Frontier Tract as are specially authorised by passes issued by the Political Officer each year, are allowed as a special concession revocable at the will of the Governor of Assam, to extract from the reserved forests in the Balipara Frontier Tract excluding the Sonai-Rupai Game Sanctuary, without payment of royalty, trees of reserved species for making into dugouts, poles of unreserved timber, either green or dead, firewood, bamboos, cane, thatching grass, ekra, nal, geregua patidal, patidoi, fodder grass, stones, gravel and sand if such forest produce is not procurable in the unclassed State forests, for their own house-building and domestic use only and carry for sale also, when in opinion of the Political Officer, the sale merely earns them a bare livelihood; provided that no forest produces except cane extracted under this rule, shall be sold, bartered, mortgaged, given or otherwise transferred or removed for transfer and the quantity extracted at a time shall be limit, except with the permission of the Political Officer, to what concessionaire can himself carry or where the ordinary means of extraction is by boat or other means of conveyance, to such corresponding limit as may be fixed by the Political Officer. (II) As special concession and without prejudice to the rights of the State over unclassed State forests, all servants of the State and pensioners living in Balipara Frontier Tract may extract for their own house-building and domestic use only from unclassed. State forests in Balipara Frontier Tract unreserved timber either green or dead, firewood, geregua, and other minor forest produce as mentioned in Rule (I) (a) without payment of royalty; provided that forest produce extracted under this rule shall not be transferred by sale, barter or gift and the quantity extracted at a time shall be limited except with the permission of the Political Officer or what the concessionaire himself can carry or where the ordinary means of extraction is by boat or other means of conveyance to such corresponding limit as may be fixed by the Political Officer. (III) The Civil Hospital at Charduar is exempted as a special case from payment of royalty on firewood obtained from neighbouring unclassed State forests for consumption within the hospital and also for use in the Public Health Department Incinerator at Charduar its control. (IV) A return showing the number of species of reserved trees granted free for dugouts under Rule 10 will be submitted annually at the close of the financial year to Divisional Forest Officer for incorporation in his forms. ### 11. Rules as approved by His Excellency the Governor for granting concession regarding removal of timber, certain other forest produce, etc., from the forests in the Tirap Frontier Tract. ### 1. (a) As a special concession and without prejudice to the rights of the State over unclassed State forests, tribesmen, tax-paying residents, Government servants and pensioners living in the Tirap Frontier Tract may extract for their own house building and their own domestic use only timber of any species, firewood, bamboos, cane, thatching grass, toko leaves, ekra, nal, patidoi patidal, fodder grass, stones, gravel and sand without payment of royalty; provided that forest produce extracted under this rule shall not be transferred by sale, barter, or gift, and the quantity extracted at a time shall be limited, except with the permission of the political officer, to what concessionaire himself can carry or where the ordinary means of extraction is by boat or other means of conveyance to such corresponding limit as may be fixed by the political officer, and subject to the limitation contained in paragraph 1 (b). (b) The concessions to tax paying residents, Government servants and pensioners is limited to those whose monthly incomes are Rs. 30 or less. ### 2. (a) The political officer is authorised to grant permits free of royalty to tribesmen of the district to cut and remove dugouts from trees of reserved species for domestic purposes from unclassed State forests in the Tirap Frontier Tract. (b) A similar concession may be granted under the authority of the political officer to other residents of the Tirap Frontier Tract where in his opinion special circumstances warrant it. ### 3. The felling of trees of all reserved species is permitted in jhums cleared by tribesmen for cultivation. ### 4. Tribesmen in Tirap Frontier Tract are exempted from the payment of royalty on small quantities of firewood collected from unclassed State forests, and on salved draft timber offered for sale in the bazar of the district, when, in opinion of the political officer, the sale merely earns them a barred livelihbood. A return showing the number and species of reserved trees granted free for dugouts under Rule 2 (a) and 2 (b) will be submitted annually at the close of the financial year to the Divisional Forest Officer, for incorporation in his forms. ### 12. Rules as approved by His Excellency the Governor for granting concessions regarding removal of timber, certain other forest produce, dugouts and firewood from forests in the Naga Hills. I. (a) As a special concession and without prejudice to the rights of the State over unclassed State forests, tribesmen living in the Naga Hills may extract for their own domestic use only from the unclassed State forests in the Naga Hills unreserved timber, either green or dead, firewood, bamboos, cane, thatching grass, ekra, jitly, wormwood, fodder grass, stones, gravel and sand without payment of royalty ; provided that forest produce extracted under this rule shall not be transferred by sale, barter or gift and the quantity extracted at a time shall be limited, except with the permission of the Deputy Commissioner, to what the concessionaire himself can carry, or where the ordinary means of extraction is by boat or other means of conveyance, to such corresponding limit as may be fixed by the Deputy Commissioner. (b) Tribesmen of the Naga Hills are exempted from the payment of royalty on small quantities of firewood collected from the unclassed State forests in the Naga Hills for sale to the residents of the district, when, in the opinion of the Deputy Commissioner, the sale merely earns for them a bare livelihood. II. The Deputy Commissioner is authorised to grant permits free of royalty to tribesmen of the district to cut and remove dugouts from trees of reserved species for domestic purposes from unclassed State forests in the Naga Hills. III. The felling of trees of all reserved species is permitted in jhum cleared by tribesmen for cultivation. IV. Tribesmen may fell, remove and utilise free of royalty timber of all species and other forest produce, such as toko leaves, cane, etc., for house building and domestic use from unclassed State forests in the Naga Hills, but not for sale, trade, barter or gift. V. The powers exercised under these rules by the Deputy Commissioner may be exercised by the Sub-divisional Officer, Mokokchung, in respect to tribesmen of the sub-division. VI. The Civil Hospital at Kohima is exempted as a special case from payment of royalty on firewood obtained from the neighbouring unclassed State forests for consumption within the hospital. A return showing the number of species of reserved trees granted free for dugouts under Rule 11 will be submitted annually at the close of the financial year by the Deputy Commissioner, Naga Hills, to the Divisional Forest Officer, Sibsagar division, for incorporation in his forms. Chapter 5 Elepfiant Hunting Rules -------------------------------------- [Under Section 6 of the Elephant Preservation Act, 1879 (6 of 1879)] ### 1. A licence to catch wild elephants in any mahal or sub-division of a mahal which will be opened for kheddah shikar, with or without mela shikar and in which elephant catching operations by the forest department will not be undertaken, shall be granted to a selected manager by the Deputy Commissioner within whose jurisdiction the mahal is situated, in consultation with the Commissioner and the Conservator of Forests. ### 2. Licences to catch wild elephants in any mahal, in which hunting will be by mela shikar only shall be granted by the Deputy Commissioner to individual owners or employers of koonkies after publication of notice in such manner as he shall think fit inviting applications for such licences and after consultation with the Commissioner and the Conservator of Forests. ### 3. All licences shall be in the form prescribed in Appendix A or to the like effect. ### 4. The licensee shall pay royalty on all elephants captured (excepting those released under Clause 13 of the licence from dying or killed) in the attempt to capture, or during or after capture at such rates as may be laid down from time to time by the Provincial Government. ### 5. Only such persons shall be licensed to manage Kheddah shikar mahals as can be trusted to work personally in their mahals and not merely through agents, and who have shown their capacity not only for catching but also for training and looking after elephants mercifully. ### 6. A licence shall remain in force for one hunting season only. ### 7. Hunting operations shall not begin before 1st October and shall dose not late than 15th March, but the Deputy Commissioner may permit the building of stockades from any date after 15 August. During April, May and early June mela shikar on a small scale, called Gajali Shikar, may be permitted under Rule 2 above in suitable areas when considered desirable. Explanation. - In this term "Hunting operations" means all operations prior to and including actual capture. ### 8. The Deputy Commissioner in consultation with the Divisional Forest Officer and the licensee shall, from time to time, fix the depots to which all captured elephants shall be sent. A subordinate forest officer shall ordinarily be placed in charge of each depot or group of depots. ### 9. The Deputy Commissioner and any officer specially authorised by the Commissioner in consultation with the Conservator of Forests in this behalf may release or destroy or put under medical treatment at the expense of the licensee any captured elephant suffering from lack of fodder or of water, or by reason of mutilation, starvation or other ill-treatment. ### 10. The licensee shall not carry any guns during mela shikar and not more than 4 guns per stockade at any other time. ' ### 11. The Deputy Commissioner not later than the time of issuing the licence shall inform the licensee what silvicultural and other operations by the Forest Department are likely to be undertaken in the mahal so far as the Conservator can then see. ### 12. Rules 2, 5, 6, 8 and 11 above shall not apply in the case of elephants catching operations undertaken by the Forest Department of the Provincial Government. Executive Orders Regarding The Elephant Hunting Rules ### 1. The maintenance of a stock of wild elephants suitable for any elephant hunting area shall be ensured by regulating the length for the intervals of rest or by limiting the number of stockades, the hunting season or the number of koonkies to be employed, but not ordinarily by limiting the number of elephants that may be caught during the season. ### 2. The Deputy Commissioner in consultation with the Divisional Forest Officer shall report by the 1st of February in each year to the Commissioner as to the necessity for elephant having operations in his district during the following season, indicating the areas where such operations should be undertaken, and the Commissioner after consulting the Conservator of Forests shall report by 1st of May in each year for the sanction of the Provincial Government what areas should be opened, what method of capture should be allowed and what royalty should be charged for each elephant caught. ### 3. The Conservator of Forests after consulting the Commissioner, will submit by 1st of June in each year for the sanction of the State Government a list of any areas in which it is desired to conduct elephant hunting operations by the Forest Department. After sanction the Deputy Commissioner concerned shall issue a licence under the Elephant Preservation Act, 1879, in the name of the officer-in-charge of such operation in the following Form No. royalty shall be payable in the case of elephants caught in operations by the Forest Department: "I hereby grant to.................this licence to capture wild elephants within the area described below in the district of...............subject to the provisions of the Elephant Preservation Act, 1879 (6 of 1879) and the rules made thereunder : Boundaries North......... East.......... South......... West.......... Dated............ Deputy Commissioner." ### 4. When it is decided by the State that Khedda shikar are should be opened for a second season, the Deputy Commissioner in consultation with the Conservator of Forests may renew the licence of manager who has worked satisfactorily during the previous season. ### 5. The Deputy Commissioner in whose district it is decided to open a mahal should arrange that necessary licences to catch elephants and carry arms are issued to the mahaldar well ahead of the date of opening of the mahal as the success of the operations frequently depends upon the prompt receipt of these licences. Depot officers also should avoid delay in issuing transit passes when demanded by the purchasers of elephants after payment of royalty due to the State as any delay in this matter may prevent the profitable disposal of the elephants by the traders. ### 6. When issuing licences Deputy Commissioners should inform Mahaldars that male elephants that are too big for the koonkies to tackle may be destroyed as soon as they are caught in a stockade. The mahaldar must report such occurrences immediately to the Depot Officer, and in the case of tuskers should deliver the tusks, which remain the property of the State at the nearest forest office. No royalty will be paid on elephants thus destroyed. ### 7. Rewards to finders of elephant tusk. - (1) In order to make the production of tusks more attractive to finders and to prevent smuggling and loss of revenue, the finder of a tusk be given a reward in a single and final payment up to 30 per cent, of the estimated sale value of the ivory. To enable Divisional Forest Officers to estimate the value o ivory for the purpose of the payment, a scale of value shall be fixed by the Conservator of Forests, for each district or group of districts, from time to time corresponding to the fluctuations in value according to size, weight, etc., of the ivory. The Divisional Forest Officers should obtain sanction of the Conservator of Forests of the payment of reward for tire full amount of 30 per cent, of the value. This rule will not apply to the Garo Hills where the Deputy Commissioner has full discretion in the matter of granting rewards to the finders of elephant tusks. (2) The Conservator of Forests has been authorised to sanction the payment of rewards for the production of elephant tusks in the Naga Hills District up to 50 per cent, of the value. The executive orders regarding the Elephant Hunting Rules were framed vide Government letter No. 1989-R, dated the 27th June, 1931. ### 8. Executive orders. - (1) Licences in the form approved by the State Government for the destruction of mature male wild elephants may be issued by Deputy Commissioners free of any charge or fee, to approved sportsmen who have had previous shikar experience with big game in areas where crops or property are liable to be destroyed or human life endangered by these animals. (2) Licences should generally be made valid until the following June 30, and in any case, for not more than 12 months. (3) The Divisional Forest Officer should usually be consulted regarding the persons who can be safely entrusted with licences and no licence-holder, to whom he has objection, should be authorised to enter any reserved forest. (4) A licence should not be renewed in the case of any holder who, it is found, fails to kill most of the elephants at which he fires, who when requested to do so does not assist as much as might reasonably be expected in the destruction of dangerous wild elephants in the vicinity of his home, who is suspected of breaking game and other laws, who fails to observe Section 74 of the Assam Forest Regulation, or who , for any other reason, becomes or considered an unsuitable person to remain a licence-holder. ### 9. A court-fee of twelve annas should be strictly insisted upon by all Deputy Commissioners on each applications for a licence to catch wild elephants. Chapter 6 Miscellaneous Rules ---------------------------------- \* \* \* (A) Royalties from quarries Supply of forest produce to other Government Departments In Central Government Circular No. 2-F, dated the 24th January, 1889, it was decided that the revenue realised from quarries and minor mineral products in Government forests and land, which are under the management of Forest Department, should be credited to "Forests"; but where such forests and lands are not under the management of that department, to "Land Revenue (Miscellaneous) ." The question whether, under these rulings the Forest Department is entitled to charge royalty to another department of Government upon minerals taken from the forest area, has more than once come before the Central Government : but, though it has usually been decided, on these individual references, that the Forest Department was entitled to levy a royalty on all materials supplied to other departments, no definite general ruling on the subject has yet been laid down. The Central Government now consider it desirable to issue formal orders in the matter for general guidance, in order to secure uniformity of procedure and to prevent the possibility of misunderstanding. The consider that distinction may properly be drawn between vegetable products which strictly appertain to a forest as such, and animal products which depend for their existence, either directly or indirectly upon the presence of the forest, on the one hand, mineral products, the existence of which is independent of the fact that the land is a forest on the other. They consider also, that it is undesirable to extend to contractors working for a Government department, any privileges which the department itself may enjoy when operating directly by its own establishment. They direct therefore that the Forest Department shall charge other Government departments for all vegetable or animal products extracted from a forest area, in the same manner in which it charges the public ; and that it shall similarly charge contractors for all mineral products extracted by them whether on behalf of a Government department or not. If a Government Department extracts mineral products for sale, they also will be charged for. But the Forest Department will not charge other Government departments for mineral products extracted from a forest area by the direct agency of the department concerned under its own supervision and without the intervention of contractors or middlemen, for its own use, and not for disposal to the public or other departments. For such products the Forest Department will take no credit in the Public (Treasury) Accounted of Government. But for statistical purposes the value of these products should be shown in the return furnished by the Forest Department, just as the value of timber and other forest produce removed by free grantees or right- holders is already shown. The ruling that certain forest produces shall not be charged for if directly extracted by other Government departments for their own use, in no way confers upon such departments any right of entry upon or working in the areas under the charge of the Forest Department. That department retains its powers of control ; and, subject to the orders of superior authority, will continue to fix and limit the localities where such extraction may take place, and to impose any conditions which it may consider necessary for the safety of its forest and tire convenience of its own work. The above rulings will supply, mutatis mutandis to every' class of forest or waste land at the disposal of the State independently of the agency by which such land may be administered. (B) Construction of roads Construction of roads through reserved forests by tea planters The Conservator of Forests is authorised to permit the construction of roads through reserved forests by tea planters when such roads are likely to prove of advantage to the Forests Department on the following conditions : (i) That the breadth and alignment of the road be approved by the Divisional Forest Officer. (ii) That timber growing on the proposed alignment of the road may be utilised free of charge for the purpose of constructing bridges and that, if necessary, additional timber may be granted from the reserves for this purpose. (iii) That the road will remain reserved forest, and no rights of any kind whatever in the land covered by the road will be conferred oh the planter constructing it. (C) Encampment in forests Troops in reserved forests With a view' to prevent complaints of damage being done in Government reserved forests on the passage through such forest of troops and camp followers of any regiment or detachment, it has been arranged with the military authorities that at least two weeks' notice of the date of marching and the route to be followed shall, except in cases of sudden emergency, be given by the Officers Commanding to the Divisional Forest Officer, with a view to enable the latter to depute a forest guard or other official to accompany the troops, and to point out to them which tress and saplings or other forest produce may be cut and which may not be cut. No permission, will however, be needed to collect dead firewood. It should be understood that no clearances whatsoever should be made in Government reserved forests, and that places of encampment should be restricted to the grounds provided for that purpose. (D) Rewards Rewards may be granted to any Officer in the public service who is not a Gazetted Officer, and and to informers as follows : (i) When a sum of money has been accepted by way of compensation under Section 62 of the Assam Forest Regulation, the Conservator of Forests may award any portion of. such sum not exceeding one hundred rupees ; or a Divisional Forest Officer, specially empowered by the Conservator in his behalf may, in the like circumstances, similarly award any portion of such sum not exceeding 20 rupees. (ii) When a person has been convicted by a Magistrate of an offence under the Assam Forest Regulation, the Deputy Commissioners at head quarters and in sub-divisions, the Sub-divisional Officer may, on the application of the Divisional Forest Officer, award a sum which is not in excess of the amount recommended by such Forest Officer and of the proceeds of any fine or confiscation, or both ordered by the convicting court. The Divisional Forest Officer should submit his recommendation to the Deputy Commissioner or the Sub-divisional Officer, as the case may be, through the trying Magistrate, who will add such remarks as he thinks necessary. In the case of prosecution instituted by the police the recommendations for rewards should be submitted by the prosecuting officer through the trying Magistrate, the Superintendent of Police and the Divisional Forest Officer being informed of the action taken in order to given them an opportunity of amending the recommendations of the prosecuting officer if necessary ; If no fine or confiscation has been ordered by the convicting court, or if the proceeds thereof are in the opinion of the Deputy Commissioner or the Sub-divisional Officer, as the case may be, insufficient for the purpose, the Deputy Commissioner may, on the application of the Divisional Forest Officer, grant a reward not exceeding the amount recommended by such Forest Officer, to be paid out of the funds at the disposal of such Forest Officer; provided that a Divisional Forest Officer or prosecuting officer shall not recommend the payment of a reward under this rule in excess of Rs. 20. If they consider that a large reward should be given, they should refer the matter to the Conservator who is authorised to recommend a reward exceeding Rs. 100. (iii) In cases other than those mentioned in Clauses (i) and (ii) the Divisional Forest Officer may grant a reward not excessing twenty rupees and the Conservator may grant such rewards in excess of twenty rupees; provided that no reward exceeding two hundred rupees shall be granted under this rule in any one case ; provided also that not reward shall be granted under the foregoing rules to any Forest Officer unless he has displayed unusual ability, diligence, courage or acumen or endured exceptional hardship or risk. Note. - (1) Deputy Conservators of Forest and Extra Deputy Conservators of Forests have been authorised by the Conservators of Forests to grant rewards. (2) This rule is applicable for the purpose of granting rewards to finders of rhino horns. Conservators of Forests authorised to sanction the grant of a reward not exceeding Rs. 100 to any person who gives reliable information regarding the commission of a forest offence : provided that he is not concerned by any way in the commission of this offence. (E) Duties of Mauzadars in unclassed State forests In the Assam Valley Districts tahsildars and mauzadars will be in immediate charge, and responsible for the management, and due observance of rules relating to unclassed State forests within their jurisdiction under the order of the Divisional Forest Officer. All breaches of the rules relating to such forests must be reported by them to the Divisional Forest Officer. They are also responsible for making rules issued under the Forest Regulation known to all persons concerned throughout their respective jurisdictions. They are further bound to prevent the felling and removal from the unclassed State forests in their charge of wood or other forest produce, except where such felling and removal is authorised by the rules in force relating to such forests. In the Surma Valley unclassed State forests will be in the immediate charge of subordinate officers of the Forest Department under the orders of Divisional Forest Officer. The tahsildars of the Surma Valley will have no concern with such forests. The system of managing unclassed State forests in force in the Assam Valley districts, is extended to the Jaintia parganas of Sylhet. The subordinate officers of the Forest Department will continue to take part in the management of unclassed State forests in Jaintia as they do in the Assam Valley, issuing of unclassed State forest in Jaintia as they do in the Assam Valley, issuing permits, controlling fellings, and enquiring into breaches of the forest rules. The tahsildars in Jaintia will be responsible for the observance of the rules relating to unclassed State forests in their respective jurisdictions under the Divisional Forest Officer ; they will be required to report any breaches of the rules which may come into their notice, and will be empowered to issue trade and home consumption permits. Instructions to mauzadaras in matters concerning raiyats must bear the Divisional Forest Officer's signature and vernacular translations must be carefully scrutinised to avoid errors.. The Conservator of Forests is authorised to import coolies for the use of the Forest Department whenever it appears advantageous to do so. (F) Sale of Forest Mahals and Coupes (1) In selling forest mahals in unclassed State forests due regard should be paid to the requirement of local villagers who need forest produce for any home industries that may be carried on. In such cases either smaller mahals should be formed so that they can be taken up by the local people of a certain area of the forest land should be reserved so that the necessary forest produce for the home industries can be extracted under the ordinary permit system. (2) When formation of a new forest mahal is proposed, it should be carefully considered how such mahal may affect the use of forests and of waste lands in it by the surrounding population and the Deputy Commissioner must be consulted before new mahals are formed. The list of the mahals to be sold in each district should be carefully examined by the Deputy Commissioner in consultation with the Divisional Forest Officer and all mahals that are likely to bring in very little revenue and the retention of which in the sale list cannot be supported by any special reason from a departmental point of view, should be struck off the list. This should, however, be done without prejudice to the right of the State to reconstitute these mahals should circumstances justify such action in the future. (3) Forest Officers, when disposing of timber, should consider and make such arrangements as are possible to supply on reasonable terms the domestic needs of the surrounding population and in order to encourage local people to work in the forest as traders, the size of the couples should be reduced, where this is practicable. (4) The sale notice of a forest mahal or coupe should be in the vernacular and should state the name of the mahal or coupe, its approximate area and other particulars necessary for its identification, the term and price for which it was sold on the last occasion, the term for which it will now be sold and the date, place and conditions of the sale. The notice should be published at least a month before the date of sale at all range offices within the locality covered by the mahal, at the local thana, sub-registry office, circle office, at the Kutchery of the Deputy Commissioner or Sub-Divisional Officer and in the bazars in the neighbourhood of the mahal. The Divisional Forest Officer should consult the Deputy Commissioner or the Sub- divisional Officer concerned as the particular places where the sale notices should be published and the latter officers will give any necessary assistance in the publication of the notice. (G) Appointment of Honorary Forest Officers Selected Indian and Europeon gentlemen, living in the vicinity of Game Sanctuary or Forest Reserves, may be appointed Honorary Forest Officers under Section 3(1) of the Assam Forest Regulation by the Conservator of Forests, Assam ; provided that they are in a position to render assistance in the protection of forest and the preservation of wild life ; and provided that the Deputy Commissioners and the Political Officers concerned have no objection. Such appointments, a list of which will be submitted every three years for approval of the Provincial Government will be renewable after every three years and in each case will be limited as regards jurisdiction to the particular areas where the assistance of Honorary Forest Officers is required. All Honorary Forest Officers will be assistants to the Divisional Forest Officers in the areas for which they are appointed , but without jurisdiction over the divisional staff. They will exercise powers in whole or in part, as shall be determined in each case by the Conservator depending on whether the appointment is for the general protection of the forests or only for the preservation of wild life, under Sections 49,49-A, 60 and 61 of the Assam Forest Regulation. They will become liable under Section 58 (1), and will be bound to take appropriate action under Section 74.
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State of Madhya Pradesh - Act ------------------------------- The M.P. Panchayat (Enhancement of Cess on Land Revenue and Distribution) Rules, 1999 --------------------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Panchayat (Enhancement of Cess on Land Revenue and Distribution) Rules, 1999 ======================================================================================= Rule THE-M-P-PANCHAYAT-ENHANCEMENT-OF-CESS-ON-LAND-REVENUE-AND-DISTRIBUTION-RULES-1999 of 1999 ------------------------------------------------------------------------------------------------ * Published on 10 May 1999 * Commenced on 10 May 1999 The M.P. Panchayat (Enhancement of Cess on Land Revenue and Distribution) Rules, 1999 Published vide Notification No. F. 1-8-98-22-P-2, dated 10-5-1999, M.P. Rajpatra (Asadharan) , dated 10-5-1999 at p. 718 (2) In exercise of the powers conferred by sub-section (1) of Section 95 read with sub-section (2) of Section 74 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1904), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely :- ### 1. Short title. (1) These Rules may be called the Madhya Pradesh Panchayat (Enhancement of Cess on Land Revenue and Distribution) Rides, 1999. (2) They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994); (b) "Cess" means the cess levied under sub-sections (1) and (2) of Section 74 of the Act; (c) "Code" means the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); (d) "Gram Panchayat" means a Gram Panchayat constituted under sub-section (1) of Section 10 of the Act; (e) "Janpad Panchayat" means a Janpad Panchayat constituted under sub-section (2) of Section 10 of the Act; (f) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published by the Government of India; (g) "Revenue year" means the revenue year as defined in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); (h) "Section" means the Section of the Act; (i) "Zila Panchayat" means the Zila Panchayat constituted under sub-section (3) of Section 10 of the Act. ### 3. Recovery of cess on Land Revenue. - There shall be levied a cess for each revenue in accordance with the provisions of Section 74 of the Act. ### 4. Responsibility to pay the Cess. (1) The following persons shall he primarily liable for the payment of cess in the following order of preference :- (a) in the case of a tenure holder the tenure holder; (b) in the case of a holding consisting of land leased by the State Government the lessee thereof. (2) When there are more than one tenure holder or lessee in a holding, all such tenure holders or lessees, as the case may he, shall be jointly or severally liable to the payment of all cess (3) In the ease of default by any person who is primarily liable under sub-rule (1), the cess and any arrears thereof shall be recoverable from the person in possession of the land : Provided that such person shall be entitled to credit for the amount recovered from him, in the account of the person who is primarily liable. ### 5. Cess shall be credited to Zila Panchayat Raj Nidhi. - The amount of cess shall be credited into Zila Panchayat Raj Nidhi constituted under the provisions of Section 76 of the Act. ### 6. Procedure of enhancement in the rate of cess. (1) The Zila Panchayat may, in a special meeting, enhance the rate of cess not exceeding the limit prescribed in sub-section (2) of Section 74 of the Act, on the land situated in the Gram Panchayat area of the district, by resolution passed by a simple majority of the members present. The enhanced cess shall be leviable from the ensuring revenue year. (2) A notice of such resolution passed by the Zila Panchayat under sub-rule (1), shall be proclaimed by exhibiting it on the notice board of the office of Zila Panchayat and Janpad Panchayats and all the Gram Panchayats which arc situated in the area, and shall invite objections or suggestions from any person likely to he affected by such enhancement of cess, within 15 days from its publication. (3) The Zila Panchayat shall finally determine in its next meeting the rale of enhanced cess after considering all the objections or suggestions, and shall issue a notification thereof. (4) A copy of the notification issued by the Zila Panchayat shall immediately be sent to the Tehsildar of the Tehsil in the District for assessment and recover)' of the enhanced cess. A copy of the notification shall also be sent to the Collector of the District and the Chief Executive Officer of the Janpad Panchayats for information. ### 7. Assessment of amount of enhanced Cess. (1) The Tehsildar shall cause to be prepared by Patwaris of the Tehsil a statement of assessment of General Cess and enhanced cess in the Form appended to these Rules. (2) While assessing the amount of cess, the Patwari shall consider all the lands of the land holder for which he is liable to pay land revenue or rent. (3) Every Patwari shall sent the statement prepared by him in Form-1 to the Tehsildar through Revenue Inspector of the area. ### 8. Distribution of amount of the Cess. (1) The amount of cess credited to the Zila Panchayat Raj Nidhi shall be distributed in the next revenue year among the Panchayats as specified below :- (a) the total amount of normal cess to the concerned Gram Panchayat, from which it is realised. (b) Twenty live per cent of the amount of enhanced cess to the Zila Panchayat, twenty five per cent to all the Janpad Panchayats of the District arid remaining fifty per cent to all the Gram Panchayats of the District. (2) Distribution of the amount amongst Janpad Panchayats and Gram Panchayats shall be made on the basis of the rural population of that area. ### 9. Repeal and Saving. - All Rules, Bye-laws corresponding to these rules in force immediately before the commencement of these rules, shall stand repealed : Provided that any action taken under the rules or bye-laws so repealed shall be deemed to have been taken under the provisions of these rules, unless they are not inconsistent with the provisions of these rules. Form [See Rule 7] Statement of assessment of cess for the year on the land holders Name of the village...............Patwari Circle No...... Name of the Gram Panchayat.................Tehsil.............. | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial Number of the holding | Name of the land holder/lessee, father's name and place of residence | Amount of land revenue/ rent on the holding | Normal cess at the rate of 50 paise per rupee on land revenue/rent | Enhanced cess per rupee on land revenue/rent at the rate of..... | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | Note - If there is any change in the holding due to transfer of land or any other reason, details most be specified in the remarks column.
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Union of India - Act ---------------------- The Electricity Act, 2003 --------------------------- UNION OF INDIA India The Electricity Act, 2003 =========================== Act 36 of 2003 ---------------- * Published in Gazette 36 on 26 May 2003 * Assented to on 26 May 2003 * Commenced on 26 May 2003 1. Amended by [The Electricity (Amendment) Act, 2003 (Act 57 of 2003) on 1 January 2003 ] 2. Amended by [The Central Electricity Regulatory Commission (Sharing of Revenue Derived from Utilisation of Transmission Assets for Other Business) Regulations, 2007 (Regulation THE-CENTRAL-ELECTRICITY-REGULATORY-COMMISSION-SHARING of 2007) on 1 January 2007 ] 3. [Amended by THE ELECTRICITY (AMENDMENT) ACT, 2007 (Act 26 of 2007) on 28 May 2007 ] 4. Amended by [The Central Electricity Regulatory Commission (Procedures for Calculating the Expected Revenue from Tariffs and Charges) Regulations, 2010 (Regulation THE-CENTRAL-ELECTRICITY-REGULATORY-COMMISSION-PROCEDURES of 2010) on 1 January 2010 ] The Electricity Act, 2003 ACT NO. 36 of 2003 ### 26th. May, 2003. An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:– Part I – Preliminary ---------------------- ### 1. Short title, extent and commencement.– (1) This Act may be called the Electricity Act, 2003. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ### 2. Definitions.– In this Act, unless the context otherwise requires,– (1) “Appellate Tribunal” means the Appellate Tribunal for Electricity established under section 110; (2) “appointed date” means such date as the Central Government may, by notification, appoint; (3) “area of supply” means the area within which a distribution licensee is authorised by his licence to supply electricity; (4) “Appropriate Commission” means the Central Regulatory Commission referred to in sub-section (1) of section 76 or the State Regulatory Commission referred to in section 82 or the Joint Commission referred to in section 83, as the case may be; (5) “Appropriate Government” means,– (a) the Central Government,– (i) in respect of a generating company wholly or partly owned by it; (ii) in relation to any inter-State generation, transmission, trading or supply of electricity and with respect to any mines, oil-fields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations; (iii) in respect of National Load Despatch Centre and Regional Load Despatch Centre; (iv) in relation to any works or electric installation belonging to it or under its control; (b) in any other case, the State Government, having jurisdiction under this Act; (6) “Authority” mean the Central Electricity Authority referred to in sub-section (1) of section 70; (7) “Board” means a State Electricity Board, constituted before the commencement of this Act, under sub-section (1) of section 5 of the Electricity (Supply) Act, 1948 (54 of 1948); (8) “Captive generating plant” means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such co-operative society or association; (9) “Central Commission” means the Central Electricity Regulatory Commission referred to in sub-section (1) of section 76; (10) “Central Transmission Utility” means any Government company which the Central Government may notify under sub-section (1) of section 38; (11) “Chairperson” means the Chairperson of the Authority or Appropriate Commission or the Appellate Tribunal, as the case may be; (12) “Cogeneration” means a process which simultaneously produces two or more forms of useful energy (including electricity); (13) “company” means a company formed and registered under the Companies Act, 1956 (1 of 1956) and includes any body corporate under a Central, State or Provincial Act; (14) “conservation” means any reduction in consumption of electricity as a result of increase in the efficiency in supply and use of electricity; (15) “consumer” means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be; (16) “dedicated transmission lines” means any electric supply-line for point to point transmission which are required for the purpose of connecting electric lines or electric plants of a captive generating plant referred to in section 9 or generating station referred to in section 10 to any transmission lines or sub-stations, or generating stations, or the load centre, as the case may be; (17) “distribution licensee” means a licensee authorised to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply; (18) “distributing main” means the portion of any main with which a service line is, or is intended to be, immediately connected; (19) “distribution system” means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers; (20) “electric line” means any line which is used for carrying electricity for any purpose and includes– (a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and (b) any apparatus connected to any such line for the purpose of carrying electricity; (21) “Electrical Inspector” means a person appointed as such by the Appropriate Government under sub-section (1) of section 162 and also includes Chief Electrical Inspector; (22) “electrical plant” means any plant, equipment, apparatus or appliance or any part thereof used for, or connected with, the generation, transmission, distribution or supply of electricity but does not include– (a) an electric line; or (b) a meter used for ascertaining the quantity of electricity supplied to any premises; or (c) an electrical equipment, apparatus or appliance under the control of a consumer; (23) “electricity” means electrical energy– (a) generated, transmitted, supplied or traded for any purpose; or (b) used for any purpose except the transmission of a message; (24) “Electricity Supply Code” means the Electricity Supply Code specified under section 50; (25) “electricity system” means a system under the control of a generating company or licensee, as the case may be, having one or more– (a) generating stations; or (b) transmission lines; or (c) electric lines and sub-stations, and when used in the context of a State or the Union, the entire electricity system within the territories thereof; (26) “electricity trader” means a person who has been granted a licence to undertake trading in electricity under section 12; (27) “franchisee” means a persons authorised by a distribution licensee to distribute electricity on its behalf in a particular area within his area of supply; (28) “generating company” means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station; (29) “generate” means to produce electricity from a generating station for the purpose of giving supply to any premises or enabling a supply to be so given; (30) “generating station” or “station” means any station for generating electricity, including any building and plant with step-up transformer, switch-gear, switch yard, cables or other appurtenant equipment, if any, used for that purpose and the site thereof; a site intended to be used for a generating station, and any building used for housing the operating staff of a generating station, and where electricity is generated by water-power, includes penstocks, head and tail works, main and regulating reservoirs, dams and other hydraulic works, but does not in any case include any sub-station; (31) “Government company” shall have the meaning assigned to it in section 617 of the Companies Act, 1956 (1 of 1956); (32) “grid” means the high voltage backbone system of inter-connected transmission lines, sub-station and generating plants; (33) “Grid Code” means the Grid Code specified by the Central Commission under clause (h) of sub-section (1) of section 79; (34) “Grid Standards” means the Grid Standards specified under clause (d) of section 73 by the Authority; (35) “high voltage line” means an electric line or cable of a nominal voltage as may be specified by the Authority from time to time; (36) “inter-State transmission system” includes– (i) any system for the conveyance of electricity by means of main transmission line from the territory of one State to another State; (ii) the conveyance of electricity across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of electricity; (iii) the transmission of electricity within the territory of a State on a system built, owned, operated, maintained or controlled by a Central Transmission Utility; (37) “intra-State transmission system” means any system for transmission of electricity other than an inter-State transmission system; (38) “licence” means a licence granted under section 14; (39) “licensee” means a person who has been granted a licence under section 14; (40) “line” means any wire, cable, tube, pipe, insulator, conductor or other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity and includes any line which surrounds or supports, or is surrounded or supported by or is installed in close proximity to, or is supported, carried or suspended in association with, any such line; (41) “local authority” means any Nagar Panchayat, Municipal Council, municipal corporation, Panchayat constituted at the village, intermediate and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the Union or any State Government with, the control or management of any area or local fund; (42) “main” means any electric supply-line through which electricity is, or is intended to be, supplied; (43) “Member” means the Member of the Appropriate Commission or Authority or Joint Commission, or the Appellate Tribunal, as the case may be, and includes the Chairperson of such Commission or Authority or Appellate Tribunal; (44) “National Electricity Plan” means the National Electricity Plan notified under sub-section (4) of section 3; (45) “National Load Despatch Centre” means the Centre established under sub-section (1) of section 26; (46) “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (47) “open access” means the non-discriminatory provision for the use of transmission lines or distribution system or associated facilities with such lines or system by any licensee or consumer or a person engaged in generation in accordance with the regulations specified by the Appropriate Commission; (48) “overhead line” means an electric line which is placed above the ground and in the open air but does not include live rails of a traction system; (49) “person” shall include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person; (50) “power system” means all aspects of generation, transmission, distribution and supply of electricity and includes one or more of the following, namely:– (a) generating stations; (b) transmission or main transmission lines; (c) sub-stations; (d) tie-lines; (e) load despatch activities; (f) mains or distribution mains; (g) electric supply-lines; (h) overhead lines; (i) service lines; (j) works; (51) “premises” includes any land, building or structure; (52) “prescribed” means prescribed by rules made by the Appropriate Government under this Act; (53) “public lamp” means an electric lamp used for the lighting of any street; (54) “real time operation” means action to be taken at a given time at which information about the electricity system is made available to the concerned Load Despatch Centre; (55) “Regional Power Committee” means a committee established by resolution by the Central Government for a specified region for facilitating the integrated operation of the power systems in that region; (56) “Regional Load Despatch Centre” means the Centre established under sub-section (1) of section 27; (57) “regulations” means regulations made under this Act; (58) “repealed laws” means the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998) repealed by section 185; (59) “rules” means rules made under this Act; (60) “Schedule” means the Schedule to this Act; (61) “service-line” means any electric supply-line through which electricity is, or is intended to be, supplied– (a) to a single consumer either from a distributing main or immediately from the Distribution Licensee’s premises; or (b) from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main; (62) “specified” means specified by regulations made by the Appropriate Commission or the Authority, as the case may be, under this Act; (63) “stand alone system” means the electricity system set-up to generate power and distribute electricity in a specified area without connection to the grid; (64) “State Commission” means the State Electricity Regulatory Commission constituted under sub-section (1) of section 82 and includes a Joint Commission constituted under sub-section (1) of section 83; (65) “State Grid Code” means the State Grid Code specified under clause (h) of sub-section (1) of section 86; (66) “State Load Despatch Centre” means the centre established under sub-section (1) of section 31; (67) “State Transmission Utility” means the Board or the Government company specified as such by the State Government under sub-section (1) of section 39; (68) “street” includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge or causeway; (69) “sub-station” means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers converters, switch-gears, capacitors, synchronous condensers, structures, cable and other appurtenant equipment and any buildings used for that purpose and the site thereof; (70) “supply”, in relation to electricity, means the sale of electricity to a licensee or consumer; (71) “trading” means purchase of electricity for resale thereof and the expression “trade” shall be construed accordingly; (72) “transmission lines" means all high pressure cables and overhead lines (not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating station or a sub-station, together with any step-up and step-down transformers, switch-gear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switch-gear and other works; (73) “transmission licensee” means a licensee authorised to establish or operate transmission lines; (74) “transmit” means conveyance of electricity by means of transmission lines and the expression “transmission” shall be construed accordingly; (75) “utility” means the electric lines or electrical plant, and includes all lands, buildings, works and materials attached thereto belonging to any person acting as a generating company or licensee under the provisions of this Act; (76) “wheeling” means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under section 62; (77) “works” includes electric line, and any building, plant, machinery, apparatus and any other thing of whatever description required to transmit, distribute or supply electricity to the public and to carry into effect the objects of a licence or sanction granted under this Act or any other law for the time being in force. Part II – National electricity policy and plan ------------------------------------------------ ### 3. National Electricity Policy and Plan.– (1) The Central Government shall, from time to time, prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and the Authority for development of the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy. (2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall– (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. ### 4. National policy on stand alone systems for rural areas and non-conventional energy systems.– The Central Government shall, after consultation with the State Governments, prepare and notify a national policy, permitting stand alone systems (including those based on renewable sources of energy and other non-conventional sources of energy) for rural areas. ### 5. National policy on electrification and local distribution in rural areas.– The Central Government shall also formulate a national policy, in consultation with the State Governments and the State Commissions, for rural electrification and for bulk purchase of power and management of local distribution in rural areas through Panchayat Institutions, users’ associations, co-operative societies, non-Governmental organisations or franchisees. ### 6. Joint responsibility of State Government and Central Government in rural electrification.– The concerned State Government and the Central Government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households Part III – Generation of electricity -------------------------------------- ### 7. Generating company and requirement for setting up of generating station.– Any generating company may establish, operate and maintain a generating station without obtaining a licence under this Act if it complies with the technical standards relating to connectivity with the grid referred to in clause (b) of section 73. ### 8. Hydro-electric generation.– (1) Notwithstanding anything contained in section 7, any generating company intending to set up a hydro-generating station shall prepare and submit to the Authority for its concurrence, a scheme estimated to involve a capital expenditure exceeding such sum, as may be fixed by the Central Government, from time to time, by notification. (2) The Authority shall, before concurring in any scheme submitted to it under sub-section (1) have particular regard to, whether or not in its opinion,– (a) the proposed river-works will prejudice the prospects for the best ultimate development of the river or its tributaries for power generation, consistent with the requirements of drinking water, irrigation, navigation, flood-control, or other public purposes, and for this purpose the Authority shall satisfy itself, after consultation with the State Government, the Central Government, or such other agencies as it may deem appropriate, that an adequate study has been made of the optimum location of dams and other river-works; (b) the proposed scheme meets the norms regarding dam design and safety. (3) Where a multi-purpose scheme for the development of any river in any region is in operation, the State Government and the generating company shall co-ordinate their activities with the activities of the persons responsible for such scheme in so far as they are inter-related. ### 9. Captive generation.– (1) Notwithstanding anything contained in this Act, a person may construct, maintain or operate a captive generating plant and dedicated transmission lines: Provided that the supply of electricity from the captive generating plant through the grid shall be regulated in the same manner as the generating station of a generating company: Provided further that no licence shall be required under this Act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions of this Act and the rules and regulations made thereunder and to any consumer subject to the regulations made under sub-section (2) of section 42. (2) Every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying electricity from his captive generating plant to the destination of his use: Provided that such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the Central Transmission Utility or the State Transmission Utility, as the case may be: Provided further that any dispute regarding the availability of transmission facility shall be adjudicated upon by the Appropriate Commission. ### 10. Duties of generating companies.– (1) Subject to the provisions of this Act, the duties of a generating company shall be to establish, operate and maintain generating stations, tie-lines, sub-stations and dedicated transmission lines connected therewith in accordance with the provisions of this Act or the rules or regulations made thereunder. (2) A generating company may supply electricity to any licensee in accordance with this Act and the rules and regulations made thereunder and may, subject to the regulations made under sub-section (2) of section 42, supply electricity to any consumer. (3) Every generating company shall– (a) submit technical details regarding its generating stations to the Appropriate Commission and the Authority; (b) co-ordinate with the Central Transmission Utility or the State Transmission Utility, as the case may be, for transmission of the electricity generated by it. ### 11. Directions to generating companies.– (1) The Appropriate Government may specify that a generating company shall, in extraordinary circumstances operate and maintain any generating station in accordance with the directions of that Government. Explanation.– For the purposes of this section, the expression “extraordinary circumstances” means circumstances arising out of threat to security of the State, public order or a natural calamity or such other circumstances arising in the public interest. (2) The Appropriate Commission may offset the adverse financial impact of the directions referred to in sub-section (1) on any generating company in such manner as it considers appropriate. Part IV – Licensing --------------------- ### 12. Authorised persons to transmit, supply, etc., electricity.– No person shall– (a) transmit electricity; or (b) distribute electricity; or (c) undertake trading in electricity, unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13. ### 13. Power to exempt.– The Appropriate Commission may, on the recommendations of the Appropriate Government, in accordance with the national policy formulated under section 5 and in the public interest, direct, by notification that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, the provisions of section 12 shall not apply to any local authority, Panchayat Institution, users’ association, co-operative societies, non-governmental organisations, or franchisees. ### 14. Grant of licence.– The Appropriate Commission may, on an application made to it under section 15, grant a licence to any person– (a) to transmit electricity as a transmission licensee; or (b) to distribute electricity as a distribution licensee; or (c) to undertake trading in electricity as an electricity trader, in any area as may be specified in the licence: Provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or any Act specified in the Schedule on or before the appointed date shall be deemed to be a licensee under this Act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws or such Act specified in the Schedule, and the provisions of the repealed laws or such Act specified in the Schedule in respect of such licence shall apply for a period of one year from the date of commencement of this Act or such earlier period as may be specified, at the request of the licensee, by the Appropriate Commission and thereafter the provisions of this Act shall apply to such business: Provided further that the Central Transmission Utility or the State Transmission Utility shall be deemed to be a transmission licensee under this Act: Provided also that in case an Appropriate Government transmits electricity or distributes electricity or undertakes trading in electricity, whether before or after the commencement of this Act, such Government shall be deemed to be a licensee under this Act, but shall not be required to obtain a licence under this Act: Provided also that the Damodar Valley Corporation, established under sub-section (1) of section 3 of the Damodar Valley Corporation Act, 1948 (14 of 1948), shall be deemed to be a licensee under this Act but shall not be required to obtain a licence under this Act and the provisions of the Damodar Valley Corporation Act, 1948 (14 of 1948), in so far as they are not inconsistent with the provisions of this Act, shall continue to apply to that Corporation: Provided also that the Government company or the company referred to in sub-section (2) of section 131 of this Act and the company or companies created in pursuance of the Acts specified in the Schedule, shall be deemed to be a licensee under this Act: Provided also that the Appropriate Commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area shall, without prejudice to the other conditions or requirements under this Act, comply with the additional requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the Central Government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose: Provided also that in a case where a distribution licensee proposes to undertake distribution of electricity for a specified area within his area of supply through another person, that person shall not be required to obtain any separate licence from the concerned State Commission and such distribution licensee shall be responsible for distribution of electricity in his area of supply: Provided also that where a person intends to generate and distribute electricity in a rural area to be notified by the State Government, such person shall not require any licence for such generation and distribution of electricity, but he shall comply with the measures which may be specified by the Authority under section 53: Provided also that a distribution licensee shall not require a licence to undertake trading in electricity. ### 15. Procedure for grant of licence.– (1) Every application under section 14 shall be made in such form and in such manner as may be specified by the Appropriate Commission and shall be accompanied by such fee as may be prescribed. (2) Any person who has made an application for grant of licence shall, within seven days after making such application, publish a notice of his application with such particulars and in such manner as may be specified and a licence shall not be granted– (i) until the objections, if any, received by the Appropriate Commission in response to publication of the application have been considered by it: Provided that no objection shall be so considered unless it is received before the expiration of thirty days from the date of the publication of the notice as aforesaid; (ii) until, in the case of an application for a licence for an area including the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Government for defence purposes, the Appropriate Commission has ascertained that there is no objection to the grant of the licence on the part of the Central Government. (3) A person intending to act as a transmission licensee shall, immediately on making the application, forward a copy of such application to the Central Transmission Utility or the State Transmission Utility, as the case may be. (4) The Central Transmission Utility or the State Transmission Utility, as the case may be, shall, within thirty days after the receipt of the copy of the application referred to in sub-section (3), send its recommendations, if any, to the Appropriate Commission: Provided that such recommendations shall not be binding on the Commission. (5) Before granting a licence under section 14, the Appropriate Commission shall– (a) publish a notice in two such daily newspapers, as that Commission may consider necessary, stating the name and address of the person to whom it proposes to issue the licence; (b) consider all suggestions or objections and the recommendations, if any, of the Central Transmission Utility or State Transmission Utility, as the case may be. (6) Where a person makes an application under sub-section (1) of section 14 to act as a licensee, the Appropriate Commission shall, as far as practicable, within ninety days after receipt of such application,– (a) issue a licence subject to the provisions of this Act and the rules and regulations made thereunder; or (b) reject the application for reasons to be recorded in writing if such application does not conform to the provisions of this Act or the rules and regulations made thereunder or the provisions of any other law for the time being in force: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard. (7) The Appropriate Commission shall, immediately after issue of a licence, forward a copy of the licence to the Appropriate Government, Authority, local authority, and to such other person as the Appropriate Commission considers necessary. (8) A licence shall continue to be in force for a period of twenty-five years unless such licence is revoked. ### 16. Conditions of licence.– The Appropriate Commission may specify any general or specific conditions which shall apply either to a licensee or class of licensees and such conditions shall be deemed to be conditions of such licence: Provided that the Appropriate Commission shall, within one year from the appointed date, specify any general or specific conditions of licence applicable to the licensees referred to in the first, second, third, fourth and fifth provisos to section 14 after the expiry of one year from the commencement of this Act. ### 17. Licensee not to do certain things.– (1) No licensee shall, without prior approval of the Appropriate Commission,– (a) undertake any transaction to acquire by purchase or takeover or otherwise, the utility of any other licensee; or (b) merge his utility with the utility of any other licensee: Provided that nothing contained in this sub-section shall apply if the utility of the licensee is situate in a State other than the State in which the utility referred to in clause (a) or clause (b) is situate. (2) Every licensee shall, before obtaining the approval under sub-section (1), give not less than one month’s notice to every other licensee who transmits or distributes, electricity in the area of such licensee who applies for such approval. (3) No licensee shall at any time assign his licence or transfer his utility, or any part thereof, by sale, lease, exchange or otherwise without the prior approval of the Appropriate Commission. (4) Any agreement, relating to any transaction specified in sub-section (1) or sub-section (3), unless made with the prior approval of the Appropriate Commission, shall be void. ### 18. Amendment of licence.– (1) Where in its opinion the public interest so permits, the Appropriate Commission, may, on the application of the licensee or otherwise, make such alterations and amendments in the terms and conditions of his licence as it thinks fit: Provided that no such alterations or amendments shall be made except with the consent of the licensee unless such consent has, in the opinion of the Appropriate Commission, been unreasonably withheld. (2) Before any alterations or amendments in the licence are made under this section, the following provisions shall have effect, namely:– (a) where the licensee has made an application under sub-section (1) proposing any alteration or modifications in his licence, the licensee shall publish a notice of such application with such particulars and in such manner as may be specified; (b) in the case of an application proposing alterations or modifications in the area of supply comprising the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the occupation of the Government for defence purposes, the Appropriate Commission shall not make any alterations or modifications except with the consent of the Central Government; (c) where any alterations or modifications in a licence are proposed to be made otherwise than on the application of the licensee, the Appropriate Commission shall publish the proposed alterations or modifications with such particulars and in such manner as may be specified; (d) the Appropriate Commission shall not make any alterations or modifications unless all suggestions or objections received within thirty days from the date of the first publication of the notice have been considered. ### 19. Revocation of licence.– (1) If the Appropriate Commission, after making an enquiry, is satisfied that public interest so requires, it may revoke a licence in any of the following cases, namely:– (a) where the licensee, in the opinion of the Appropriate Commission, makes wilful and prolonged default in doing anything required of him by or under this Act or the rules or regulations made thereunder; (b) where the licensee breaks any of the terms or conditions of his licence the breach of which is expressly declared by such licence to render it liable to revocation; (c) where the licensee fails, within the period fixed in this behalf by his licence, or any longer period which the Appropriate Commission may have granted therefor – (i) to show, to the satisfaction of the Appropriate Commission, that he is in a position fully and efficiently to discharge the duties and obligations imposed on him by his licence; or (ii) to make the deposit or furnish the security, or pay the fees or other charges required by his licence; (d) where in the opinion of the Appropriate Commission the financial position of the licensee is such that he is unable fully and efficiently to discharge the duties and obligations imposed on him by his licence. (2) Where in its opinion the public interest so requires, the Appropriate Commission may, on application, or with the consent of the licensee, revoke his licence as to the whole or any part of his area of distribution or transmission or trading upon such terms and conditions as it thinks fit. (3) No licence shall be revoked under sub-section (1) unless the Appropriate Commission has given to the licensee not less than three months’ notice, in writing, stating the grounds on which it is proposed to revoke the licence, and has considered any cause shown by the licensee within the period of that notice, against the proposed revocation. (4) The Appropriate Commission may, instead of revoking a licence under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms and conditions so imposed shall be binding upon and be observed by the licensee and shall be of like force and effect as if they were contained in the licence. (5) Where the Commission revokes a licence under this section, it shall serve a notice of revocation upon the licensee and fix a date on which the revocation shall take effect. (6) Where the Appropriate Commission has given notice for revocation of licence under sub-section (5), without prejudice to any penalty which may be imposed or prosecution proceeding which may be initiated under this Act, the licensee may, after prior approval of that Commission, sell his utility to any person who is found eligible by that Commission for grant of licence. ### 20. Sale of utilities of licensees.– (1) Where the Appropriate Commission revokes under section 19 the licence of any licensee, the following provisions shall apply, namely:– (a) the Appropriate Commission shall invite applications for acquiring the utility of the licensee whose licence has been revoked and determine which of such applications should be accepted, primarily on the basis of the highest and best price offered for the utility; (b) the Appropriate Commission may, by notice in writing, require the licensee to sell his utility and thereupon the licensee shall sell his utility to the person (hereafter in this section referred to as the “purchaser”) whose application has been accepted by that Commission; (c) all the rights, duties, obligations and liabilities of the licensee, on and from the date of revocation of licence or on and from the date, if earlier, on which the utility of the licensee is sold to a purchaser, shall absolutely cease except for any liabilities which have accrued prior to that date; (d) the Appropriate Commission may make such interim arrangements in regard to the operation of the utility as may be considered appropriate including the appointment of Administrators; (e) The Administrator appointed under clause (d) shall exercise such powers and discharge such functions as the Appropriate Commission may direct. (2) Where a utility is sold under sub-section (1), the purchaser shall pay to the licensee the purchase price of the utility in such manner as may be agreed upon. (3) Where the Appropriate Commission issues any notice under sub-section (1) requiring the licensee to sell the utility, it may, by such notice, require the licensee to deliver the utility, and thereupon the licensee shall deliver on a date specified in the notice, the utility to the designated purchaser on payment of the purchase price thereof. (4) Where the licensee has delivered the utility referred to in sub-section (3) to the purchaser but its sale has not been completed by the date fixed in the notice issued under that sub-section, the Appropriate Commission may, if it deems fit, permit the intending purchaser to operate and maintain the utility system pending the completion of the sale. ### 21. Vesting of utility in purchaser.– Where a utility is sold under section 20 or section 24, then, upon completion of the sale or on the date on which the utility is delivered to the intending purchaser, as the case may be, whichever is earlier– (a) the utility shall vest in the purchaser or the intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the utility: Provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for the utility; and (b) the rights, powers, authorities, duties and obligations of the licensee under his licence shall stand transferred to the purchaser and such purchaser shall be deemed to be the licensee. ### 22. Provisions where no purchase takes place.– (1) If the utility is not sold in the manner provided under section 20 or section 24, the Appropriate Commission may, to protect the interest of consumers or in the public interest, issue such directions or formulate such scheme as it may deem necessary for operation of the utility. (2) Where no directions are issued or scheme is formulated by the Appropriate Commission under sub-section (1), the licensee referred to in section 20 or section 24 may dispose of the utility in such manner as it may deem fit: Provided that, if the licensee does not dispose of the utility, within a period of six months from the date of revocation, under section 20 or section 24, the Appropriate Commission may cause the works of the licensee in, under, over, along, or across any street or public land to be removed and every such street or public land to be reinstated, and recover the cost of such removal and reinstatement from the licensee. ### 23. Directions to licensees.– If the Appropriate Commission is of the opinion that it is necessary or expedient so to do for maintaining the efficient supply, securing the equitable distribution of electricity and promoting competition, it may, by order, provide for regulating supply, distribution, consumption or use thereof. ### 24. Suspension of distribution licence and sale of utility.– (1) If at any time the Appropriate Commission is of the opinion that a distribution licensee– (a) has persistently failed to maintain uninterrupted supply of electricity conforming to standards regarding quality of electricity to the consumers; or (b) is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (c) has persistently defaulted in complying with any direction given by the Appropriate Commission under this Act; or (d) has broken the terms and conditions of licence, and circumstances exist which render it necessary for it in public interest so to do, the Appropriate Commission may, for reasons to be recorded in writing, suspend, for a period not exceeding one year, the licence of the distribution licensee and appoint an Administrator to discharge the functions of the distribution licensee in accordance with the terms and conditions of the licence: Provided that before suspending a licence under this section, the Appropriate Commission shall give a reasonable opportunity to the distribution licensee to make representations against the proposed suspension of license and shall consider the representations, if any, of the distribution licensee. (2) Upon suspension of licence under sub-section (1) the utilities of the distribution licensee shall vest in the Administrator for a period not exceeding one year or up to the date on which such utility is sold in accordance with the provisions contained in section 20, whichever is later. (3) The Appropriate Commission shall, within one year of appointment of the Administrator under sub-section (1) either revoke the licence in accordance with the provisions contained in section 19 or revoke suspension of the licence and restore the utility to the distribution licensee whose licence had been suspended, as the case may be. (4) In a case where the Appropriate Commission revokes the licence under sub-section (3), the utility of the distribution licensee shall be sold within a period of one year from the date of revocation of the licence in accordance with the provisions of section 20 and the price after deducting the administrative and other expenses on sale of utilities be remitted to the distribution licensee. Part V – Transmission of electricity -------------------------------------- Inter-State transmission ### 25. Inter-State, regional and inter-regional transmission.– For the purposes of this Part, the Central Government may, make region-wise demarcation of the country, and, from time to time, make such modifications therein as it may consider necessary for the efficient, economical and integrated transmission and supply of electricity, and in particular to facilitate voluntary inter-connections and co¬ordination of facilities for the inter-State, regional and inter-regional generation and transmission of electricity. ### 26. National Load Despatch Centre.– (1) The Central Government may establish a centre at the national level, to be known as the National Load Despatch Centre for optimum scheduling and despatch of electricity among the Regional Load Despatch Centres. (2) The constitution and functions of the National Load Despatch Centre shall be such as may be prescribed by the Central Government: Provided that the National Load Despatch Centre shall not engage in the business of trading in electricity. (3) The National Load Despatch Centre shall be operated by a Government company or any authority or corporation established or constituted by or under any Central Act, as may be notified by the Central Government. ### 27. Constitution of Regional Load Despatch Centre.– (1) The Central Government shall establish a centre for each region to be known as the Regional Load Despatch Centre having territorial jurisdiction as determined by the Central Government in accordance with section 25 for the purposes of exercising the powers and discharging the functions under this Part. (2) The Regional Load Despatch Centre shall be operated by a Government company or any authority or corporation established or constituted by or under any Central Act, as may be notified by the Central Government: Provided that until a Government company or authority or corporation referred to in this sub-section is notified by the Central Government, the Central Transmission Utility shall operate the Regional Load Despatch Centre: Provided further that no Regional Load Despatch Centre shall engage in the business of generation of electricity or trading in electricity. ### 28. Functions of Regional Load Despatch Centre.– (1) The Regional Load Despatch Centre shall be the apex body to ensure integrated operation of the power system in the concerned region. (2) The Regional Load Despatch Centre shall comply with such principles, guidelines and methodologies in respect of the wheeling and optimum scheduling and despatch of electricity as the Central Commission may specify in the Grid Code. (3) The Regional Load Despatch Centre shall– (a) be responsible for optimum scheduling and despatch of electricity within the region, in accordance with the contracts entered into with the licensees or the generating companies operating in the region; (b) monitor grid operations; (c) keep accounts of quantity of electricity transmitted through the regional grid; (d) exercise supervision and control over the inter-State transmission system; and (e) be responsible for carrying out real time operations for grid control and despatch of electricity within the region through secure and economic operation of the regional grid in accordance with the Grid Standards and the Grid Code. (4) The Regional Load Despatch Centre may levy and collect such fee and charges from the generating companies or licensees engaged in inter-State transmission of electricity as may be specified by the Central Commission. ### 29. Compliance of directions.– (1) The Regional Load Despatch Centre may give such directions and exercise such supervision and control as may be required for ensuring stability of grid operations and for achieving the maximum economy and efficiency in the operation of the power system in the region under its control. (2) Every licensee, generating company, generating station, sub-station and any other person connected with the operation of the power system shall comply with the directions issued by the Regional Load Despatch Centres under sub-section (1). (3) All directions issued by the Regional Load Despatch Centres to any transmission licensee of State transmission lines or any other licensee of the State or generating company (other than those connected to inter-State transmission system) or sub-station in the State shall be issued through the State Load Despatch Centre and the State Load Despatch Centres shall ensure that such directions are duly complied with the licensee or generating company or sub-station. (4) The Regional Power Committee in the region may, from time to time, agree on matters concerning the stability and smooth operation of the integrated grid and economy and efficiency in the operation of the power system in that region. (5) If any dispute arises with reference to the quality of electricity or safe, secure and integrated operation of the regional grid or in relation to any direction given under sub-section (1), it shall be referred to the Central Commission for decision: Provided that pending the decision of the Central Commission, the directions of the Regional Load Despatch Centre shall be complied with by the State Load Despatch Centre or the licensee or the generating company, as the case may be. (6) If any licensee, generating company or any other person fails to comply with the directions issued under sub-section (2) or sub-section (3), he shall be liable to a penalty not exceeding rupees fifteen lacs. Intra-State transmission ### 30. Transmission within a State.– The State Commission shall facilitate and promote transmission, wheeling and inter-connection arrangements within its territorial jurisdiction for the transmission and supply of electricity by economical and efficient utilisation of the electricity. ### 31. Constitution of State Load Despatch Centres.– (1) The State Government shall establish a Centre to be known as the State Load Despatch Centre for the purposes of exercising the powers and discharging the functions under this Part. (2) The State Load Despatch Centre shall be operated by a Government company or any authority or corporation established or constituted by or under any State Act, as may be notified by the State Government: Provided that until a Government company or any authority or corporation is notified by the State Government, the State Transmission Utility shall operate the State Load Despatch Centre: Provided further that no State Load Despatch Centre shall engage in the business of trading in electricity. ### 32. Functions of State Load Despatch Centres.– (1) The State Load Despatch Centre shall be the apex body to ensure integrated operation of the power system in a State. (2) The State Load Despatch Centre shall– (a) be responsible for optimum scheduling and despatch of electricity within a State, in accordance with the contracts entered into with the licensees or the generating companies operating in that State; (b) monitor grid operations; (c) keep accounts of the quantity of electricity transmitted through the State grid; (d) exercise supervision and control over the intra-State transmission system; and (e) be responsible for carrying out real time operations for grid control and despatch of electricity within the State through secure and economic operation of the State grid in accordance with the Grid Standards and the State Grid Code. (3) The State Load Despatch Centre may levy and collect such fee and charges from the generating companies and licensees engaged in intra-State transmission of electricity as may be specified by the State Commission. ### 33. Compliance of directions.– (1) The State Load Despatch Centre in a State may give such directions and exercise such supervision and control as may be required for ensuring the integrated grid operations and for achieving the maximum economy and efficiency in the operation of power system in that State. (2) Every licensee, generating company, generating station, sub-station and any other person connected with the operation of the power system shall comply with the directions issued by the State Load Depatch Centre under sub-section (1). (3) The State Load Despatch Centre shall comply with the directions of the Regional Load Despatch Centre. (4) If any dispute arises with reference to the quality of electricity or safe, secure and integrated operation of the State grid or in relation to any direction given under sub-section (1), it shall be referred to the State Commission for decision: Provided that pending the decision of the State Commission, the directions of the State Load Despatch Centre shall be complied with by the licensee or generating company. (5) If any licensee, generating company or any other person fails to comply with the directions issued under sub-section (1), he shall be liable to a penalty not exceeding rupees five lacs. Other provisions relating to transmission ### 34. Grid Standards.– Every transmission licensee shall comply with such technical standards, of operation and maintenance of transmission lines, in accordance with the Grid Standards, as may be specified by the Authority. ### 35. Intervening transmission facilities.– The Appropriate Commission may, on an application by any licensee, by order require any other licensee owning or operating intervening transmission facilities to provide the use of such facilities to the extent of surplus capacity available with such licensee: Provided that any dispute, regarding the extent of surplus capacity available with the licensee, shall be adjudicated upon by the Appropriate Commission. ### 36. Charges for intervening transmission facilities.– (1) Every licensee shall, on an order made under section 35, provide his intervening transmission facilities at rates, charges and terms and conditions as may be mutually agreed upon: Provided that the Appropriate Commission may specify rates, charges and terms and conditions if these cannot be mutually agreed upon by the licensees. (2) The rates, charges and terms and conditions referred to in sub-section (1) shall be fair and reasonable, and may be allocated in proportion to the use of such facilities. Explanation.– For the purposes of sections 35 and 36, the expression “intervening transmission facilities” means the electric lines owned or operated by a licensee where such electric lines can be utilised for transmitting electricity for and on behalf of another licensee at his request and on payment of a tariff or charge. ### 37. Directions by Appropriate Government.– The Appropriate Government may issue directions to the Regional Load Despatch Centres or State Load Despatch Centres, as the case may be, to take such measures as may be necessary for maintaining smooth and stable transmission and supply of electricity to any region or State. ### 38. Central Transmission Utility and functions.– (1) The Central Government may notify any Government company as the Central Transmission Utility: Provided that the Central Transmission Utility shall not engage in the business of generation of electricity or trading in electricity: Provided further that the Central Government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity of such Central Transmission Utility, to a company or companies to be incorporated under the Companies Act, 1956 (1 of 1956) to function as a transmission licensee, through a transfer scheme to be effected in the manner specified under Part XIII and such company or companies shall be deemed to be transmission licensees under this Act. (2) The functions of the Central Transmission Utility shall be– (a) to undertake transmission of electricity through inter-State transmission system; (b) to discharge all functions of planning and co-ordination relating to inter-State transmission system with– (i) State Transmission Utilities; (ii) Central Government; (iii) State Governments; (iv) generating companies; (v) Regional Power Committees; (vi) Authority; (vii) licensees; (viii) any other person notified by the Central Government in this behalf; (c) to ensure development of an efficient, co-ordinated and economical system of inter-State transmission lines for smooth flow of electricity from generating stations to the load centres; (d) to provide non-discriminatory open access to its transmission system for use by– (i) any licensee or generating company on payment of the transmission charges; or (ii) any consumer as and when such open access is provided by the State Commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the Central Commission: Provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy: Provided further that such surcharge and cross subsidies shall be progressively reduced \*\*\* in the manner as may be specified by the Central Commission: Provided also that the manner of payment and utilisation of the surcharge shall be specified by the Central Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. ### 39. State Transmission Utility and functions.– (1) The State Government may notify the Board or a Government company as the State Transmission Utility: Provided that the State Transmission Utility shall not engage in the business of trading in electricity: Provided further that the State Government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity, of such State Transmission Utility, to a company or companies to be incorporated under the Companies Act, 1956 (1 of 1956) to function as transmission licensee through a transfer scheme to be effected in the manner specified under Part XIII and such company or companies shall be deemed to be transmission licensees under this Act. (2) The functions of the State Transmission Utility shall be– (a) to undertake transmission of electricity through intra-State transmission system; (b) to discharge all functions of planning and co-ordination relating to intra-State transmission system with– (i) Central Transmission Utility; (ii) State Governments; (iii) generating companies; (iv) Regional Power Committees; (v) Authority; (vi) licensees; (vii) any other person notified by the State Government in this behalf; (c) to ensure development of an efficient, co-ordinated and economical system of intra-State transmission lines for smooth flow of electricity from a generating station to the load centres; (d) to provide non-discriminatory open access to its transmission system for use by– (i) any licensee or generating company on payment of the transmission charges; or (ii) any consumer as and when such open access is provided by the State Commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the State Commission: Provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy: Provided further that such surcharge and cross subsidies shall be progressively reduced \*\*\* in the manner as may be specified by the State Commission: Provided also that the manner of payment and utilisation of the surcharge shall be specified by the State Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. ### 40. Duties of transmission licensees.– It shall be the duty of a transmission licensee– (a) to build, maintain and operate an efficient, co-ordinated and economical inter-State transmission system or intra-State transmission system, as the case may be; (b) to comply with the directions of the Regional Load Despatch Centre and the State Load Despatch Centre as the case may be; (c) to provide non-discriminatory open access to its transmission system for use by– (i) any licensee or generating company on payment of the transmission charges; or (ii) any consumer as and when such open access is provided by the State Commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the State Commission: Provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy: Provided further that such surcharge and cross subsidies shall be progressively reduced \*\*\* in the manner as may be specified by the Appropriate Commission: Provided also that the manner of payment and utilisation of the surcharge shall be specified by the Appropriate Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. ### 41. Other business of transmission licensee.– A transmission licensee may, with prior intimation to the Appropriate Commission, engage in any business for optimum utilisation of its assets: Provided that a proportion of the revenues derived from such business shall, as may be specified by the Appropriate Commission, be utilised for reducing its charges for transmission and wheeling: Provided further that the transmission licensee shall maintain separate accounts for each such business undertaking to ensure that transmission business neither subsidises in any way such business undertaking nor encumbers its transmission assets in any way to support such business: Provided also that no transmission licensee shall enter into any contract or otherwise engage in the business of trading in electricity. Part VI – Distribution of electricity --------------------------------------- Provisions with respect to distribution licensees ### 42. Duties of distribution licensee and open access.– (1) It shall be the duty of a distribution licensee to develop and maintain an efficient, co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act. (2) The State Commission shall introduce open access in such phases and subject to such conditions, (including the cross subsidies, and other operational constraints) as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints: Provided that such open access shall be allowed on payment of a surcharge in addition to the charges for wheeling as may be determined by the State Commission: Provided further that such surcharge shall be utilised to meet the requirements of current level of cross subsidy within the area of supply of the distribution licensee: Provided also that such surcharge and cross subsidies shall be progressively reduced \*\*\* in the manner as may be specified by the State Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use: Provided also that the State Commission shall, not later than five years from the date of commencement of the Electricity (Amendment) Act, 2003, by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt. (3) Where any person, whose premises are situated within the area of supply of a distribution licensee, (not being a local authority engaged in the business of distribution of electricity before the appointed date) requires a supply of electricity from a generating company or any licensee other than such distribution licensee, such person may, by notice, require the distribution licensee for wheeling such electricity in accordance with regulations made by the State Commission and the duties of the distribution licensee with respect to such supply shall be of a common carrier providing non-discriminatory open access. (4) Where the State Commission permits a consumer or class of consumers to receive supply of electricity from a person other than the distribution licensee of his area of supply, such consumer shall be liable to pay an additional surcharge on the charges of wheeling, as may be specified by the State Commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply. (5) Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission. (6) Any consumer, who is aggrieved by non-redressal of his grievances under sub-section (5), may make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be appointed or designated by the State Commission. (7) The Ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the State Commission. (8) The provisions of sub-sections (5), (6) and (7) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those sub-sections. ### 43. Duty to supply on request.– (1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission: Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area. (2) Explanation.– For the purposes of this sub-section, “application” means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) : Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission. (3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default. ### 44. Exceptions from duty to supply electricity.– Nothing contained in section 43 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from so doing by cyclone, floods, storms or other occurrences beyond his control. ### 45. Power to recover charges.– (1) Subject to the provisions of this section, the prices to be charged by a distribution licensee for the supply of electricity by him in pursuance of section 43 shall be in accordance with such tariffs fixed from time to time and conditions of his licence. (2) The charges for electricity supplied by a distribution licensee shall be– (a) fixed in accordance with the methods and the principles as may be specified by the concerned State Commission; (b) published in such manner so as to give adequate publicity for such charges and prices. (3) The charges for electricity supplied by a distribution licensee may include– (a) a fixed charge in addition to the charge for the actual electricity supplied; (b) a rent or other charges in respect of any electric meter or electrical plant provided by the distribution licensee. (4) Subject to the provisions of section 62, in fixing charges under this section a distribution licensee shall not show undue preference to any person or class of persons or discrimination against any person or class of persons. (5) The charges fixed by the distribution licensee shall be in accordance with the provisions of this Act and the regulations made in this behalf by the concerned State Commission. ### 46. Power to recover expenditure.– The State Commission may, by regulations, authorise a distribution licensee to charge from a person requiring a supply of electricity in pursuance of section 43 any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply. ### 47. Power to require security.– (1) Subject to the provisions of this section, a distribution licensee may require any person, who requires a supply of electricity in pursuance of section 43, to give him reasonable security, as may be determined by regulations, for the payment to him of all monies which may become due to him– (a) in respect of the electricity supplied to such persons; or (b) where any electric line or electrical plant or electric meter is to be provided for supplying electricity to such person, in respect of the provision of such line or plant or meter, and if that person fails to give such security, the distribution licensee may, if he thinks fit, refuse to give the supply of electricity or to provide the line or plant or meter for the period during which the failure continues. (2) Where any person has not given such security as is mentioned in sub-section (1) or the security given by any person has become invalid or insufficient, the distribution licensee may, by notice, require that person, within thirty days after the service of the notice, to give him reasonable security for the payment of all monies which may become due to him in respect of the supply of electricity or provision of such line or plant or meter. (3) If the person referred to in sub-section (2) fails to give such security, the distribution licensee may, if he thinks fit, discontinue the supply of electricity for the period during which the failure continues. (4) The distribution licensee shall pay interest equivalent to the bank rate or more, as may be specified by the concerned State Commission, on the security referred to in sub-section (1) and refund such security on the request of the person who gave such security. (5) A distribution licensee shall not be entitled to require security in pursuance of clause (a) of sub-section (1) if the person requiring the supply is prepared to take the supply through a pre-payment meter. ### 48. Additional terms of supply.– A distribution licensee may require any person who requires a supply of electricity in pursuance of section 43 to accept– (a) any restrictions which may be imposed for the purpose of enabling the distribution licensee to comply with the regulations made under section 53; (b) any terms restricting any liability of the distribution licensee for economic loss resulting from negligence of the person to whom the electricity is supplied. ### 49. Agreements with respect to supply or purchase of electricity.– Where the Appropriate Commission has allowed open access to certain consumers under section 42, such consumers, notwithstanding the provisions contained in clause (d) of sub-section (1) of section 62, may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by them. ### 50. The Electricity supply code.– The State Commission shall specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, restoration of supply of electricity, measures for preventing tampering, distress or damage to electrical plant or electrical line or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plants or meter and such other matters. ### 51. Other businesses of distribution licensees.– A distribution licensee may, with prior intimation to the Appropriate Commission, engage in any other business for optimum utilisation of its assets: Provided that a proportion of the revenues derived from such business shall, as may be specified by the concerned State Commission, be utilised for reducing its charges for wheeling: Provided further that the distribution licensee shall maintain separate accounts for each such business undertaking to ensure that distribution business neither subsidises in any way such business undertaking nor encumbers its distribution assets in any way to support such business: Provided also that nothing contained in this section shall apply to a local authority engaged, before the commencement of this Act, in the business of distribution of electricity. Provisions with respect to electricity traders ### 52. Provisions with respect to electricity trader.– (1) Without prejudice to the provisions contained in clause (c) of section 12, the Appropriate Commission may, specify the technical requirement, capital adequacy requirement and creditworthiness for being an electricity trader. (2) Every electricity trader shall discharge such duties, in relation to supply and trading in electricity, as may be specified by the Appropriate Commission. Provisions with respect to supply generally ### 53. Provision relating to safety and electricity supply.– The Authority may, in consultation with the State Government, specify suitable measures for– (a) protecting the public (including the persons engaged in the generation, transmission or distribution or trading) from dangers arising from the generation, transmission or distribution or trading of electricity, or use of electricity supplied or installation, maintenance or use of any electric line or electrical plant; (b) eliminating or reducing the risks of personal injury to any person, or damage to property of any person or interference with use of such property; (c) prohibiting the supply or transmission of electricity except by means of a system which conforms to the specification as may be specified; (d) giving notice in the specified form to the Appropriate Commission and the Electrical Inspector, of accidents and failures of supplies or transmissions of electricity; (e) keeping by a generating company or licensee the maps, plans and sections relating to supply or transmission of electricity; (f) inspection of maps, plans and sections by any person authorised by it or by Electrical Inspector or by any person on payment of specified fee; (g) specifying action to be taken in relation to any electric line or electrical plant, or any electrical appliance under the control of a consumer for the purpose of eliminating or reducing the risk of personal injury or damage to property or interference with its use. ### 54. Control of transmission and use of electricity.– (1) Save as otherwise exempted under this Act, no person other than the Central Transmission Utility or a State Transmission Utility, or a licensee shall transmit or use electricity at a rate exceeding two hundred and fifty watts and one hundred volts– (a) in any street, or (b) in any place,– (i) in which one hundred or more persons are ordinarily likely to be assembled; or (ii) which is a factory within the meaning of the Factories Act, 1948 (63 of 1948) or a mine within the meaning of the Mines Act, 1952 (35 of 1952); or (iii) to which the State Government, by general or special order, declares the provisions of this sub-section to apply, without giving, before the commencement of transmission or use of electricity, not less than seven days’ notice in writing of his intention to the Electrical Inspector and to the District Magistrate or the Commissioner of Police, as the case may be, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply and complying with such of the provisions of Part XVII of this Act, as may be applicable: Provided that nothing in this section shall apply to electricity used for the public carriage of passengers, animals or goods, on, or for the lighting or ventilation of the rolling stock of any railway or tramway subject to the provisions of the Railways Act, 1989 (24 of 1989). (2) Where any difference or dispute arises as to whether a place is or is not one in which one hundred or more persons are ordinarily likely to be assembled, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final. (3) The provisions of this section shall be binding on the Government. ### 55. Use, etc., of meters.– (1) No licensee shall supply electricity, after the expiry of two years from the appointed date, except through installation of a correct meter in accordance with the regulations to be made in this behalf by the Authority: Provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter: Provided further that the State Commission may, by notification, extend the said period of two years for a class or classes of persons or for such area as may be specified in that notification. (2) For proper accounting and audit in the generation, transmission and distribution or trading of electricity, the Authority may direct the installation of meters by a generating company or licensee at such stages of generation, transmission or distribution or trading of electricity and at such locations of generation, transmission or distribution or trading , as it may deem necessary. (3) If a person makes default in complying with the provisions contained in this section or the regulations made under sub-section (1), the Appropriate Commission may make such order as it thinks fit for requiring the default to be made good by the generating company or licensee or by any officers of a company or other association or any other person who is responsible for its default. ### 56. Disconnection of supply in default of payment.– (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days’ notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer: Provided that the supply of electricity shall not be cut off if such person deposits, under protest,– (a) an amount equal to the sum claimed from him, or (b) the electricity charges due from him for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the licensee. (2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. Consumer protection: Standards of performance ### 57. Standards of performance of licensee.– (1) The Appropriate Commission may, after consultation with the licensees and persons likely to be affected, specify standards of performance of a licensee or a class of licensees. (2) If a licensee fails to meet the standards specified under sub-section (1), without prejudice to any penalty which may be imposed or prosecution be initiated, he shall be liable to pay such compensation to the person affected as may be determined by the Appropriate Commission: Provided that before determination of compensation, the concerned licensee shall be given a reasonable opportunity of being heard. (3) The compensation determined under sub-section (2) shall be paid by the concerned licensee within ninety days of such determination. ### 58. Different standards of performance by licensee.– The Appropriate Commission may specify different standards under sub-section (1) of section 57 for a class or classes of licensees. ### 59. Information with respect to levels of performance.– (1) Every licensee shall, within the period specified by the Appropriate Commission, furnish to the Commission the following information, namely:– (a) the level of performance achieved under sub-section (1) of the section 57; (b) the number of cases in which compensation was made under sub-section (2) of section 57 and the aggregate amount of the compensation. (2) The Appropriate Commission shall at least once in every year arrange for the publication, in such form and manner as it considers appropriate, of such of the information furnished to it under sub-section (1). ### 60. Market domination.– The Appropriate Commission may issue such directions as it considers appropriate to a licensee or a generating company if such licensee or generating company enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes an adverse effect on competition in electricity industry. Part VII – Tariff ------------------- ### 61. Tariff regulations.– The Appropriate Commission shall, subject to the provisions of this Act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:– (a) the principles and methodologies specified by the Central Commission for determination of the tariff applicable to generating companies and transmission licensees; (b) the generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers' interest and at the same time, recovery of the cost of electricity in a reasonable manner; (e) the principles rewarding efficiency in performance; (f) multi year tariff principles; (h) (g) that the tariff progressively reflects the cost of supply of electricity and also, reduces cross-subsidies in the manner specified by the Appropriate Commission;the promotion of co-generation and generation of electricity from renewable sources of energy; (i) the National Electricity Policy and tariff policy: Provided that the terms and conditions for determination of tariff under the Electricity (Supply) Act, 1948 (54 of 1948), the Electricity Regulatory Commission Act, 1998 (14 of 1998) and the enactments specified in the Schedule as they stood immediately before the appointed date, shall continue to apply for a period of one year or until the terms and conditions for tariff are specified under this section, whichever is earlier. ### 62. Determination of tariff.– (1) The Appropriate Commission shall determine the tariff in accordance with the provisions of this Act for– (a) supply of electricity by a generating company to a distribution licensee: Provided that the Appropriate Commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in pursuance of an agreement, entered into between a generating company and a licensee or between licensees, for a period not exceeding one year to ensure reasonable prices of electricity; (b) transmission of electricity; (c) wheeling of electricity; (d) retail sale of electricity: Provided that in case of distribution of electricity in the same area by two or more distribution licensees, the Appropriate Commission may, for promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. (2) The Appropriate Commission may require a licensee or a generating company to furnish separate details, as may be specified in respect of generation, transmission and distribution for determination of tariff. (3) The Appropriate Commission shall not, while determining the tariff under this Act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required. (4) No tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be specified. (5) The Commission may require a licensee or a generating company to comply with such procedures as may be specified for calculating the expected revenues from the tariff and charges which he or it is permitted to recover. (6) If any licensee or a generating company recovers a price or charge exceeding the tariff determined under this section, the excess amount shall be recoverable by the person who has paid such price or charge along with interest equivalent to the bank rate without prejudice to any other liability incurred by the licensee. ### 63. Determination of tariff by bidding process.– Notwithstanding anything contained in section 62, the Appropriate Commission shall adopt the tariff if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government. ### 64. Procedure for tariff order.– (1) An application for determination of tariff under section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee, as may be determined by regulations. (2) Every applicant shall publish the application, in such abridged form and manner, as may be specified by the Appropriate Commission. (3) The Appropriate Commission shall, within one hundred and twenty days from receipt of an application under sub-section (1) and after considering all suggestions and objections received from the public,– (a) issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order; (b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this Act and the rules and regulations made thereunder or the provisions of any other law for the time being in force: Provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application. (4) The Appropriate Commission shall, within seven days of making the order, send a copy of the order to the Appropriate Government, the Authority, and the concerned licensees and to the person concerned. (5) Notwithstanding anything contained in Part X, the tariff for any inter-State supply, transmission or wheeling of electricity, as the case may be, involving the territories of two States may, upon application made to it by the parties intending to undertake such supply, transmission or wheeling, be determined under this section by the State Commission having jurisdiction in respect of the licensee who intends to distribute electricity and make payment therefor. (6) A tariff order shall, unless amended or revoked, continue to be in force for such period as may be specified in the tariff order. ### 65. Provision of subsidy by State Government.– If the State Government requires the grant of any subsidy to any consumer or class of consumers in the tariff determined by the State Commission under section 62, the State Government shall, notwithstanding any direction which may be given under section 108, pay, in advance and in such manner as may be specified, the amount to compensate the person affected by the grant of subsidy in the manner the State Commission may direct, as a condition for the licence or any other person concerned to implement the subsidy provided for by the State Government: Provided that no such direction of the State Government shall be operative if the payment is not made in accordance with the provisions contained in this section and the tariff fixed by the State Commission shall be applicable from the date of issue of orders by the Commission in this regard. ### 66. Development of market.– The Appropriate Commission shall endeavour to promote the development of a market (including trading) in power in such manner as may be specified and shall be guided by the National Electricity Policy referred to in section 3 in this regard. Part VIII – Works ------------------- Works of licensees ### 67. Provision as to opening up of streets, railways, etc.– (1) A licensee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as– (a) to open and break up the soil and pavement of any street, railway or tramway; (b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway; (c) to alter the position of any line or works or pipes, other than a main sewer pipe; (d) to lay down and place electric lines, electrical plant and other works; (e) to repair, alter or remove the same; (f) to do all other acts necessary for transmission or supply of electricity. (2) The Appropriate Government may, by rules made by it in this behalf, specify,– (a) the cases and circumstances in which the consent in writing of the appropriate Government, local authority, owner or occupier, as the case may be, shall be required for carrying out works; (b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works; (c) the nature and period of notice to be given by the licensee before carrying out works; (d) the procedure and manner of consideration of objections and suggestion received in accordance with the notice referred to in clause (c); (e) the determination and payment of compensation or rent to the persons affected by works under this section; (f) the repairs and works to be carried out when emergency exists; (g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor; (h) the procedure for carrying out other works near sewers, pipes or other electric lines or works; (i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc.; (j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof; (k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works; (l) the procedure for undertaking works which are not reparable by the Appropriate Government, licensee or local authority; (m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc.; (n) the manner of restoration of property affected by such works and maintenance thereof; (o) the procedure for deposit of compensation payable by the licensee and furnishing of security; and (p) such other matters as are incidental or consequential to the construction and maintenance of works under this section. (3) A licensee shall, in exercise of any of the powers conferred by or under this section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him. (4) Where any difference or dispute including amount of compensation under sub-section (3) arises under this section, the matter shall be determined by the Appropriate Commission. (5) The Appropriate Commission, while determining any difference or dispute arising under this section in addition to any compensation under sub-section (3), may impose a penalty not exceeding the amount of compensation payable under that sub-section. Provisions relating to overhead lines ### 68. Overhead lines.– (1) An overhead line shall, with prior approval of the Appropriate Government, be installed or kept installed above ground in accordance with the provisions of sub-section (2). (2) The provisions contained in sub-section (1) shall not apply– (a) in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer; (b) in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or (c) in such other cases, as may be prescribed. (3) The Appropriate Government shall, while granting approval under sub-section (1), impose such conditions (including conditions as to the ownership and operation of the line) as appear to it to be necessary. (4) The Appropriate Government may vary or revoke the approval at any time after the end of such period as may be stipulated in the approval granted by it. (5) Where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an Executive Magistrate or authority specified by the Appropriate Government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit. (6) When disposing of an application under sub-section (5), an Executive Magistrate or authority specified under that sub-section shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. Explanation.– For the purposes of this section, the expression “tree” shall be deemed to include any shrub, hedge, jungle growth or other plant. ### 69. Notice to telegraph authority.– (1) A licensee shall, before laying down or placing, within ten meters of any telegraph line, electric line, electrical plant or other works, not being either service lines, or electric lines or electrical plant, for the repair, renewal or amendment of existing works of which the character or position is not to be altered,– (a) submit a proposal in case of a new installation to an authority to be designated by the Central Government and such authority shall take a decision on the proposal within thirty days; (b) give not less than ten days' notice in writing to the telegraph authority in case of repair, renewal or amendment of existing works, specifying– (i) the course of the works or alterations proposed; (ii) the manner in which the works are to be utilised; (iii) the amount and nature of the electricity to be transmitted; (iv) the extent to, and the manner in which (if at all), earth returns are to be used, and the licensee shall conform to such reasonable requirements, either general or special, as may be laid down by the telegraph authority within that period for preventing any telegraph line from being injuriously affected by such works or alterations: Provided that in case of emergency (which shall be stated by the licensee in writing to the telegraph authority) arising from defects in any of the electric lines or electrical plant or other works of the licensee, the licensee shall be required to give only such notice as may be possible after the necessity for the proposed new works or alterations has arisen. (2) Where the works of the laying or placing of any service line is to be executed, the licensee shall, not less than forty-eight hours before commencing the work, serve upon the telegraph authority a notice in writing of his intention to execute such works. Part IX – Central electricity authority ----------------------------------------- Constitution and functions of Authority ### 70. Constitution, etc., of Central Electricity Authority.– (1) There shall be a body to be called the Central Electricity Authority to exercise such functions and perform such duties as are assigned to it under this Act. (2) The Central Electricity Authority, established under section 3 of the Electricity (Supply) Act, 1948 (54 of 1948) and functioning as such immediately before the appointed date, shall be the Central Electricity Authority for the purposes of this Act and the Chairperson, Members, Secretary and other officers and employees thereof shall be deemed to have been appointed under this Act and they shall continue to hold office on the same terms and conditions on which they were appointed under the Electricity (Supply) Act, 1948. (3) The Authority shall consist of not more than fourteen Members (including its Chairperson) of whom not more than eight shall be full-time Members to be appointed by the Central Government. (4) The Central Government may appoint any person, eligible to be appointed as Member of the Authority, as the Chairperson of the Authority, or, designate one of the full-time Members as the Chairperson of the Authority. (5) The Members of the Authority shall be appointed from amongst persons of ability, integrity and standing who have knowledge of, and adequate experience and capacity in, dealing with problems relating to engineering, finance, commerce, economics or industrial matters, and at least one Member shall be appointed from each of the following categories, namely:– (a) engineering with specialisation in design, construction, operation and maintenance of generating stations; (b) engineering with specialisation in transmission and supply of electricity; (c) applied research in the field of electricity; (d) applied economics, accounting, commerce or finance. (6) The Chairperson and all the Members of the Authority shall hold office during the pleasure of the Central Government. (7) The Chairperson shall be the Chief Executive of the Authority. (8) The headquarters of the Authority shall be at Delhi. (9) The Authority shall meet at the head office or any other place at such time as the Chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as it may specify. (10) The Chairperson, or if he is unable to attend a meeting of the Authority, any other Member nominated by the Chairperson in this behalf and in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from among themselves shall preside at the meeting. (11) 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 Chairperson or the person presiding shall have the right to exercise a second or casting vote. (12) All orders and decisions of the Authority shall be authenticated by the Secretary or any other officer of the Authority duly authorised by the Chairperson in this behalf. (13) No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in, or any defect in, the constitution of, the Authority. (14) The Chairperson of the Authority and other full-time Members shall receive such salary and allowances as may be determined by the Central Government and other Members shall receive such allowances and fees for attending the meetings of the Authority, as the Central Government may prescribe. (15) The other terms and conditions of service of the Chairperson and Members of the Authority including, subject to the provisions of sub-section (6), their terms of office shall be such as the Central Government may prescribe. ### 71. Members not to have certain interest.– No Member of the Authority shall have any share or interest, whether in his own name or otherwise, in any company or other body corporate or an association of persons (whether incorporated or not) or a firm engaged in the business of generation, transmission, distribution and trading of electricity or fuel for the generation thereof or in the manufacture of electrical equipment. ### 72. Officers and staff of Authority.– The Authority may appoint a Secretary and such other officers and employees as it considers necessary for the performance of its functions under this Act and on such terms as to salary, remuneration, fee, allowance, pension, leave and gratuity, as the authority may in consultation with the Central Government, fix: Provided that the appointment of the Secretary shall be subject to the approval of the Central Government. ### 73. Functions and duties of Authority.– The Authority shall perform such functions and duties as the Central Government may prescribe or direct, and in particular to– (a) advise the Central Government on the matters relating to the national electricity policy, formulate short-term and perspective plans for development of the electricity system and co-ordinate the activities of the planning agencies for the optimal utilisation of resources to subserve the interests of the national economy and to provide reliable and affordable electricity for all consumers; (b) specify the technical standards for construction of electrical plants, electric lines and connectivity to the grid; (c) specify the safety requirements for construction, operation and maintenance of electrical plants and electric lines; (d) specify the Grid Standards for operation and maintenance of transmission lines; (e) specify the conditions for installation of meters for transmission and supply of electricity; (f) promote and assist in the timely completion of schemes and projects for improving and augmenting the electricity system; (g) promote measures for advancing the skill of persons engaged in the electricity industry; (h) advise the Central Government on any matter on which its advice is sought or make recommendation to that Government on any matter if, in the opinion of the Authority, the recommendation would help in improving the generation, transmission, trading, distribution and utilisation of electricity; (i) collect and record the data concerning the generation, transmission, trading, distribution and utilisation of electricity and carry out studies relating to cost, efficiency, competitiveness and such like matters; (j) make public from time to time the information secured under this Act, and provide for the publication of reports and investigations; (k) promote research in matters affecting the generation, transmission, distribution and trading of electricity; (l) carry out, or cause to be carried out, any investigation for the purposes of generating or transmitting or distributing electricity; (m) advise any State Government, licensees or the generating companies on such matters which shall enable them to operate and maintain the electricity system under their ownership or control in an improved manner and where necessary, in co-ordination with any other Government, licensee or the generating company owning or having the control of another electricity system; (n) advise the Appropriate Government and the Appropriate Commission on all technical matters relating to generation, transmission and distribution of electricity; and (o) discharge such other functions as may be provided under this Act. Certain powers and directions ### 74. Power to require statistics and returns.– It shall be the duty of every licensee, generating company or person generating electricity for its or his own use to furnish to the Authority such statistics, returns or other information relating to generation, transmission, distribution, trading and use of electricity as it may require and at such times and in such form and manner as may be specified by the Authority. ### 75. Directions by Central Government to Authority.– (1) In the discharge of its functions, the Authority shall be guided by such directions in matters of policy involving public interest as the Central Government may give to it in writing. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Central Government thereon shall be final. Part X – Regulatory commissions --------------------------------- Constitution, powers and functions of Central Commission ### 76. Constitution of Central Commission.– (1) There shall be a Commission to be known as the Central Electricity Regulatory Commission to exercise the powers conferred on, and discharge the functions assigned to it under this Act. (2) The Central Electricity Regulatory Commission, established under section 3 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and functioning as such immediately before the appointed date, shall be deemed to be the Central Commission for the purposes of this Act and the Chairperson, Members, Secretary, and other officers and employees thereof shall be deemed to have been appointed under this Act and they shall continue to hold office on the same terms and conditions on which they were appointed under the Electricity Regulatory Commissions Act, 1998: Provided that the Chairperson and other Members of the Central Commission appointed, before the commencement of this Act, under the Electricity Regulatory Commissions Act, 1998 (14 of 1998), may, on the recommendations of the Selection Committee constituted under sub-section (1) of section 78, be allowed, to opt for the terms and conditions under this Act by the Central Government. (3) The Central Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (4) The head office of the Central Commission shall be at such place as the Central Government may, by notification, specify. (5) The Central Commission shall consist of the following Members, namely:– (a) a Chairperson and three other Members; (b) the Chairperson of the Authority who shall be the Member, ex officio. (6) The Chairperson and Members of the Central Commission shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 78. ### 77. Qualifications for appointment of Members of Central Commission.– (1) The Chairperson and the Members of the Central Commission shall be persons having adequate knowledge of, or experience in, or shown capacity in, dealing with, problems relating to engineering, law, economics, commerce, finance or management and shall be appointed in the following manner, namely:– (a) one person having qualifications and experience in the field of engineering with specialisation in generation, transmission or distribution of electricity; (b) one person having qualifications and experience in the field of finance; (c) two persons having qualifications and experience in the field of economics, commerce, law or management: Provided that not more than one Member shall be appointed under the same category under clause (c) . (2) Notwithstanding anything contained in sub-section (1), the Central Government may appoint any person as the Chairperson from amongst persons who is, or has been, a Judge of the Supreme Court or the Chief Justice of a High Court: Provided that no appointment under this sub-section shall be made except after consultation with the Chief Justice of India. (3) The Chairperson or any other Member of the Central Commission shall not hold any other office. (4) The Chairperson shall be the Chief Executive of the Central Commission. ### 78. Constitution of Selection Committee to recommend Members.– (1) The Central Government shall, for the purposes of selecting the Members of the Appellate Tribunal and the Chairperson and Members of the Central Commission, constitute a Selection Committee consisting of– (a) Member of the Planning Commission incharge of the energy sector Chairperson; (b) Secretary-in-charge of the Ministry of the Central Government dealing with the Department of the Legal Affairs Member; (c) Chairperson of the Public Enterprises Selection Board Member; (d) a person to be nominated by the Central Government in accordance with sub-section (2) Member; (e) a person to be nominated by the Central Government in accordance with sub-section (3) Member; (f) Secretary-in-charge of the Ministry of the Central Government dealing with power Member. (2) For the purposes of clause (d) of sub-section (1), the Central Government shall nominate from amongst persons holding the post of chairperson or managing director, by whatever name called, of any public financial institution specified in section 4A of the Companies Act, 1956 (1 of 1956). (3) For the purposes of clause (e) of sub-section (1), the Central Government shall, by notification, nominate from amongst persons holding the post of director or the head of the institution, by whatever name called, of any research, technical or management institution for this purpose. (4) Secretary-in-charge of the Ministry of the Central Government dealing with Power shall be the Convenor of the Selection Committee. (5) The Central Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of a Member of the Appellate Tribunal or the Chairperson or a Member of the Central Commission and six months before the superannuation or end of tenure of the Member of the Appellate Tribunal or Member of the Central Commission, make a reference to the Selection Committee for filling up of the vacancy. (6) The Selection Committee shall finalise the selection of the Chairperson and Members referred to in sub-section (5) within three months from the date on which the reference is made to it. (7) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. (8) Before recommending any person for appointment as Member of the Appellate Tribunal or the Chairperson or other Member of the Central Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as the Chairperson or Member. (9) No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee: Provided that nothing contained in this section shall apply to the appointment of a person as the Chairperson of the Central Commission where such person is, or has been, a Judge of the Supreme Court or the Chief Justice of a High Court. ### 79. Functions of Central Commission.– (1) The Central Commission shall discharge the following functions, namely:– (a) to regulate the tariff of generating companies owned or controlled by the Central Government; (b) to regulate the tariff of generating companies other than those owned or controlled by the Central Government specified in clause (a), if such generating companies enter into or otherwise have a composite scheme for generation and sale of electricity in more than one State; (c) to regulate the inter-State transmission of electricity; (d) to determine tariff for inter-State transmission of electricity; (e) to issue licences to persons to function as transmission licensee and electricity trader with respect to their inter-State operations; (f) to adjudicate upon disputes involving generating companies or transmission licensee in regard to matters connected with clauses (a) to (d) above and to refer any dispute for arbitration; (g) to levy fees for the purposes of this Act; (h) to specify Grid Code having regard to Grid Standards; (i) to specify and enforce the standards with respect to quality, continuity and reliability of service by licensees; (j) to fix the trading margin in the inter-State trading of electricity, if considered, necessary; (k) to discharge such other functions as may be assigned under this Act. (2) The Central Commission shall advise the Central Government on all or any of the following matters, namely:– (i) formulation of National electricity Policy and tariff policy; (ii) promotion of competition, efficiency and economy in activities of the electricity industry; (iii) promotion of investment in electricity industry; (iv) any other matter referred to the Central Commission by that Government. (3) The Central Commission shall ensure transparency while exercising its powers and discharging its functions. (4) In discharge of its functions, the Central Commission shall be guided by the National Electricity Policy, National Electricity Plan and tariff policy published under section 3. ### 80. Central Advisory Committee.– (1) The Central Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the Central Advisory Committee. (2) The Central Advisory Committee shall consist of not more than thirty-one members to represent the interests of commerce, industry, transport, agriculture, labour, consumers, non-governmental organisations and academic and research bodies in the electricity sector. (3) The Chairperson of the Central Commission shall be the ex officio Chairperson of the Central Advisory Committee and the Members of that Commission and Secretary to the Government of India in charge of the Ministry or Department of the Central Government dealing with Consumer Affairs and Public Distribution System shall be the ex officio Members of the Committee. ### 81. Objects of Central Advisory Committee.– The objects of the Central Advisory Committee shall be to advise the Central Commission on– (i) major questions of policy; (ii) matters relating to quality, continuity and extent of service provided by the licensees; (iii) compliance by the licensees with the conditions and requirements of their licence; (iv) protection of consumer interest; (v) electricity supply and overall standards of performance by utilities. Constitution, powers and functions of State Commissions ### 82. Constitution of State Commission.– (1) Every State Government shall, within six months from the appointed date, by notification, constitute for the purposes of this Act, a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission: Provided that the State Electricity Regulatory Commission, established by a State Government under section 17 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and the enactments specified in the Schedule, and functioning as such immediately before the appointed date, shall be the State Commission for the purposes of this Act and the Chairperson, Members, Secretary, and officers and other employees thereof shall continue to hold office, on the same terms and conditions on which they were appointed under those Acts: Provided further that the Chairperson and other Members of the State Commission appointed, before the commencement of this Act, under the Electricity Regulatory Commissions Act, 1998 (14 of 1998) or under the enactments specified in the Schedule, may, on the recommendations of the Selection Committee constituted under sub-section (1) of Section 85, be allowed to opt for the terms and conditions under this Act by the concerned State Government. (2) The State Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The head office of the State Commission shall be at such place as the State Government may, by notification, specify. (4) The State Commission shall consist of not more than three Members, including the Chairperson. (5) The Chairperson and Members of the State Commission shall be appointed by the State Government on the recommendation of a Selection Committee referred to in section 85. ### 83. Joint Commission.– (1) Notwithstanding anything to the contrary contained in section 82, a Joint Commission may be constituted by an agreement to be entered into– (a) by two or more Governments of States; or (b) by the Central Government, in respect of one or more Union territories, and one or more Governments of States, and shall be in force for such period and shall be subject to renewal for each further period, if any, as may be stipulated in the agreement: Provided that the Joint Commission, constituted under section 21A of Electricity Regulatory Commissions Act, 1998 (14 of 1998) and functioning as such immediately before the appointed day, shall be the Joint Commission for the purposes of this Act and the Chairperson, Members, Secretary and other officers and employees thereof shall be deemed to have been appointed as such under this Act and they shall continue to hold office, on the same terms and conditions on which they were appointed under the Electricity Regulatory Commissions Act, 1998. (2) The Joint Commission shall consist of one Member from each of the participating States and Union territories and the Chairperson shall be appointed from amongst the Members by consensus, failing which by rotation. (3) An agreement under sub-section (1) shall contain provisions as to the name of the Joint Commission, the manner in which the participating States may be associated in the selection of the Chairperson and Members of the Joint Commission, manner of appointment of Members and appointment of Chairperson by rotation or consensus, places at which the Commission shall sit, apportionment among the participating States of the expenditure in connection with the Joint Commission, manner in which the differences of opinion between the Joint Commission and the State Government concerned would be resolved and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. (4) The Joint Commission shall determine tariff in respect of the participating States or Union territories separately and independently. (5) Notwithstanding anything contained in this section, the Central Government may, if so authorised by all the participating States, constitute a Joint Commission and may exercise the powers in respect of all or any of the matters specified under sub-section (3) and when so specifically authorised by the participating States. ### 84. Qualifications for appointment of Chairperson and Members of State Commission.– (1) The Chairperson and the Members of the State Commission shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or management. (2) Notwithstanding anything contained in sub-section (1), the State Government may appoint any person as the Chairperson from amongst persons who is, or has been, a Judge of a High Court: Provided that no appointment under this sub-section shall be made except after consultation with the Chief Justice of that High Court. (3) The Chairperson or any other Member of the State Commission shall not hold any other office. (4) The Chairperson shall be the Chief Executive of the State Commission. ### 85. Constitution of Selection Committee to select Members of State Commission.– (1) The State Government shall, for the purposes of selecting the Members of the State Commission, constitute a Selection Committee consisting of – (a) a person who has been a Judge of the High Court.... Chairperson; (b) the Chief Secretary of the concerned State ....Member; (c) the Chairperson of the Authority or the Chairperson of the Central Commission ..... Member: Provided that nothing contained in this section shall apply to the appointment of a person as the Chairperson who is or has been a Judge of the High Court. (2) The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or Member, make a reference to the Selection Committee for filling up of the vacancy. (3) The Selection Committee shall finalise the selection of the Chairperson and Members within three months from the date on which the reference is made to it. (4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. (5) Before recommending any person for appointment as the Chairperson or other Member of the State Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member, as the case may be. (6) No appointment of Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee. ### 86. Functions of State Commission.– (1) The State Commission shall discharge the following functions, namely:– (a) determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State: Provided that where open access has been permitted to a category of consumers under section 42, the State Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers; (b) regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State; (c) facilitate intra-State transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State; (e) promote cogeneration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee; (f) adjudicate upon the disputes between the licensees and generating companies and to refer any dispute for arbitration; (g) levy fee for the purposes of this Act; (h) specify State Grid Code consistent with the Grid Code specified under clause (h) of sub-section (1) of section 79; (i) specify or enforce standards with respect to quality, continuity and reliability of service by licensees; (j) fix the trading margin in the intra-State trading of electricity, if considered, necessary; (k) discharge such other functions as may be assigned to it under this Act. (2) The State Commission shall advise the State Government on all or any of the following matters, namely:– (i) promotion of competition, efficiency and economy in activities of the electricity industry; (ii) promotion of investment in electricity industry; (iii) reorganisation and restructuring of electricity industry in the State; (iv) matters concerning generation, transmission , distribution and trading of electricity or any other matter referred to the State Commission by that Government. (3) The State Commission shall ensure transparency while exercising its powers and discharging its functions. (4) In discharge of its functions, the State Commission shall be guided by the National Electricity Policy, National Electricity Plan and tariff policy published under section 3. ### 87. State Advisory Committee.– (1) The State Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the State Advisory Committee. (2) The State Advisory Committee shall consist of not more than twenty-one members to represent the interests of commerce, industry, transport, agriculture, labour, consumers, non-governmental organisations and academic and research bodies in the electricity sector. (3) The Chairperson of the State Commission shall be the ex officio Chairperson of the State Advisory Committee and the Members of the State Commission and the Secretary to State Government in charge of the Ministry or Department dealing with Consumer Affairs and Public Distribution System shall be the ex officio Members of the Committee. ### 88. Objects of State Advisory Committee.– The objects of the State Advisory Committee shall be to advise the Commission on– (i) major questions of policy; (ii) matters relating to quality, continuity and extent of service provided by the licensees; (iii) compliance by licensees with the conditions and requirements of their licence: (iv) protection of consumer interest; and (v) electricity supply and overall standards of performance by utilities. Appropriate Commission – other provisions ### 89. Term of office and conditions of service of Members.– (1) The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office: Provided that the Chairperson or other Member in the Central Commission or the State Commission shall not be eligible for re-appointment in the same capacity as the Chairperson or a Member in that Commission in which he had earlier held office as such: Provided further that no Chairperson or Member shall hold office as such after he has attained the age of sixty-five years. (2) The salary, allowances and other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed by the Appropriate Government: Provided that the salary, allowances and other terms and conditions of service of the Members, shall not be varied to their disadvantage after appointment. (3) Every Member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed. (4) Notwithstanding anything contained in sub-section (1), a Member may– (a) relinquish his office by giving in writing to the Appropriate Government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 90. (5) Any member ceasing to hold office as such shall– (a) not accept any commercial employment for a period of two years from the date he ceases to hold such office; and (b) not represent any person before the Central Commission or any State Commission in any manner. Explanation.– For the purposes of this sub-section “commercial employment” means employment in any capacity in any organisation which has been a party to the proceedings before the Appropriate Commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an advisor or a consultant. ### 90. Removal of Member.– (1) No Member shall be removed from office except in accordance with the provisions of this section. (2) The Central Commission, in the case of a Member of the Central Commission, and the State Government, in the case of a Member of the State Commission, may by order remove from office any Member, if he– (a) has been adjudged an insolvent; (b) has been convicted of an offence which, in the opinion of the Appropriate Government, involves moral turpitude; (c) has become physically or mentally incapable of acting as a Member; (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or (f) has been guilty of proved misbehaviour: Provided that no Member shall be removed from his office on any ground specified in clauses (d) , (e) and (f) unless the Chairperson of the Appellate Tribunal on a reference being made to him in this behalf by the Central Government or the State Government, as the case may be, has, on an inquiry, held by him in accordance with such procedure as may be prescribed by the Central Government, reported that the Member ought on such ground or grounds to be removed. (3) The Central Government or the State Government, as the case may be, may, in consultation with the Chairperson of the Appellate Tribunal suspend any Member of the Appropriate Commission in respect of whom a reference has been made to the Chairperson of the Appellate Tribunal, under sub-section (2) until the Central Government or the State Government, as the case may be, has passed orders on receipt of the report of the Chairperson of the Appellate Tribunal, on such reference: Provided that nothing contained in this section shall apply to the Chairperson of the Appropriate Commission who, at the time of his appointment as such is a sitting Judge of the Supreme Court or the chief Justice of a High Court or a Judge of a High Court. Proceedings and powers of Appropriate Commission ### 91. Secretary, officers and other employees of Appropriate Commission.– (1) The Appropriate Commission may appoint a Secretary to exercise such powers and perform such duties as may be specified. (2) The Appropriate Commission may, with the approval of the Appropriate Government, specify the numbers, nature and categories of other officers and employees. (3) The salaries and allowances payable to, and other terms and conditions of service of, the Secretary, officers and other employees shall be such as may be specified with the approval of the Appropriate Government. (4) The Appropriate Commission may appoint consultants required to assist that Commission in the discharge of its functions on the terms and conditions as may be specified. ### 92. Proceedings of Appropriate Commission.– (1) The Appropriate Commission shall meet at the head office or any other place at such time as the Chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as it may specify. (2) The Chairperson, or if he is unable to attend a meeting of the Appropriate Commission, any other Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from amongst themselves, shall preside at the meeting. (3) All questions which come up before any meeting of the Appropriate Commission shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote. (4) Save as otherwise provided in sub-section (3), every Member shall have one vote. (5) All orders and decisions of the Appropriate Commission shall be authenticated by its Secretary or any other officer of the Commission duly authorised by the Chairperson in this behalf. ### 93. Vacancies, etc., not to invalidate proceedings.– No act or proceedings of the Appropriate Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Appropriate Commission. ### 94. Powers of Appropriate Commission.– (1) The Appropriate Commission shall, for the purposes 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 of 1908) 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 commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed. (2) The Appropriate Commission shall have the powers to pass such interim order in any proceeding, hearing or matter before the Appropriate Commission, as that Commission may consider appropriate. (3) The Appropriate Commission may authorise any person, as it deems fit, to represent the interest of the consumers in the proceedings before it. ### 95. Proceedings before Commission.– All proceedings before the Appropriate Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appropriate Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). ### 96. Powers of entry and seizure.– The Appropriate Commission or any officer, not below the rank of a Gazetted Officer specially authorised in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable. ### 97. Delegation.– The Appropriate Commission may, by general or special order in writing, delegate to any Member, Secretary, officer of the Appropriate Commission or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers to adjudicate disputes under Section 79 and Section 86 and the powers to make regulations under section 178 or section 181) as it may deem necessary. Grants, Fund and Accounts, Audit and Report ### 98. Grants and loans by Central Government.– The Central Government may, after due appropriation made by Parliament in this behalf, make to the Central Commission grants and loans of such sums of money as that Government may consider necessary. ### 99. Establishment of Fund by Central Government.– (1) There shall be constituted a Fund to be called the Central Electricity Regulatory Commission Fund and there shall be credited thereto– (a) any grants and loans made to the Central Commission by the Central Government under section 98; (b) all fees received by the Central Commission under this Act; (c) all sums received by the Central Commission from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting– (a) the salary, allowances and other remuneration of Chairperson, Members, Secretary, officers and other employees of the Central Commission; (b) the expenses of the Central Commission in discharge of its functions under section 79; (c) the expenses on objects and for purposes authorised by this Act. (3) The Central Government may, in consultation with the Comptroller and Auditor-General of India, prescribe the manner of applying the Fund for meeting the expenses specified in clause (b) or clause (c) of sub-section (2). ### 100. Accounts and audit of Central Commission.– (1) The Central Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Central Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Central Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Central Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Central Commission. (4) The accounts of the Central Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. ### 101. Annual report of Central Commission.– (1) The Central Commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament. ### 102. Grants and Loans by State Government.– The State Government may, after due appropriation made by Legislature of a State in this behalf, make to the State Commission grants and loans of such sums of money as that Government may consider necessary. ### 103. Establishment of Fund by State Government.– (1) There shall be constituted a Fund to be called the State Electricity Regulatory Commission fund and there shall be credited thereto– (a) any grants and loans made to the State Commission by the State Government under section 102; (b) all fees received by the State Commission under this Act; (c) all sums received by the State Commission from such other sources as may be decided upon by the State Government. (2) The Fund shall be applied for meeting– (a) the salary, allowances and other remuneration of Chairperson, Members, Secretary, officers and other employees of the State Commission; (b) the expenses of the State Commission in discharge of its functions under section 86; (c) the expenses on objects and for purposes authorised by this Act. (3) The State Government may, in consultation with the Comptroller and Auditor-General of India, prescribe the manner of applying the Fund for meeting the expenses specified in clause (b) or clause (c) of sub-section (2). ### 104. Accounts and audit of State Commission.– (1) The State Commission shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (2) The Accounts of the State Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission. (4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government and that Government shall cause the same to be laid, as soon as may be after it is received, before the State Legislature. ### 105. Annual report of State Commission.– (1) The State Commission shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government. (2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature. ### 106. Budget of Appropriate Commission.– The Appropriate Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of that Commission and forward the same to the Appropriate Government. ### 107. Directions by Central Government.– (1) In the discharge of its functions, the Central Commission shall be guided by such directions in matters of policy involving public interest as the Central Government may give to it in writing. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Central Government thereon shall be final. ### 108. Directions by State Government.– (1) In the discharge of its functions, the State Commission shall be guided by such directions in matters of policy involving public interest as the State Government may give to it in writing. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final. ### 109. Directions to Joint Commission.– Notwithstanding anything contained in this Act, where any Joint Commission is established under section 83– (a) the Government of the State, for which the Joint Commission is established, shall be competent to give any direction under this Act only in cases where such direction relates to matter within the exclusive territorial jurisdiction of the State; (b) the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory if the participating Governments fail to reach an agreement or the participating States or majority of them request the Central Government to issue such directions. Part XI – Appellate tribunal for electricity ---------------------------------------------- ### 110. Establishment of Appellate Tribunal.– The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act or any other law for the time being in force. ### 111. Appeal to Appellate Tribunal.– (1) Any person aggrieved by an order made by an adjudicating officer under this Act (except under section 127) or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity: Provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of such penalty: Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the adjudicating officer or the Appropriate Commission is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Appropriate Commission, as the case may be. (5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal: Provided that where any appeal could not be disposed of within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within the said period. (6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Appropriate Commission under this Act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit. ### 112. Composition of Appellate Tribunal.– (1) The Appellate Tribunal shall consist of a Chairperson and three other Members. (2) Subject to the provisions of this Act,– (a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof; (b) a Bench may be constituted by the Chairperson of the Appellate Tribunal with two or more Members of the Appellate Tribunal as the Chairperson of the Appellate Tribunal may deem fit: Provided that every Bench constituted under this clause shall include at least one Judicial Member and one Technical Member; (c) the Benches of the Appellate Tribunal shall ordinarily sit at Delhi and such other places as the Central Government may, in consultation with the Chairperson of the Appellate Tribunal, notify; (d) the Central Government shall notify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction. (3) Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal may transfer a Member of the Appellate Tribunal from one Bench to another Bench. Explanation.– For the purposes of this Chapter,– (i) “Judicial Member” means a Member of the Appellate Tribunal appointed as such under sub-clause (i) of caluse (b) of sub-section (1) of section 113, and includes the Chairperson of the Appellate Tribunal; (ii) “Technical Member” means a Member of the Appellate Tribunal appointed as such under sub-clause (ii) or sub-clause (iii) of clause (b) of subsection (1) of section 113. ### 113. Qualifications for appointment of Chairperson and Member of Appellate Tribunal.– (1) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he– (a) in the case of the Chairperson of the Appellate Tribunal, is, or has been, a judge of the Supreme Court or the Chief Justice of a High Court; and (b) in the case of a Member of the Appellate Tribunal,– (i) is, or has been, or is qualified to be, a Judge of a High Court; or (ii) is, or has been, a Secretary for at least one year in the Ministry or Department of the Central Government dealing with economic affairs or matters or infrastructure; or (iii) is, or has been, a person of ability and standing, having adequate knowledge or experience in dealing with the matters relating to electricity generation, transmission and distribution and regulation or economics, commerce, law or management. (2) The Chairperson of the Appellate Tribunal shall be appointed by the Central Government after consultation with the Chief Justice of India. (3) The Members of the Appellate Tribunal shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 78. (4) Before appointing any person for appointment as Chairperson or other Member of the Appellate Tribunal, the Central Government shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member. ### 114. Term of office.– The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office as such for a term of three years from the date on which he enters upon his office: Provided that such Chairperson or other Member shall be eligible for reappointment for a second term of three years: Provided further that no Chairperson of the Appellate Tribunal or Member of the Appellate Tribunal shall hold office as such after he has attained,– (a) in the case of the Chairperson of the Appellate Tribunal, the age of seventy years; (b) in the case of a Member of the Appellate Tribunal, the age of sixty-five years. ### 115. Terms and conditions of service.– The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal shall be such as may be prescribed by the Central Government: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment. ### 116. Vacancies.– If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled. ### 117. Resignation and removal.– (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is the earliest. (2) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the Supreme Court as the Central Government may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. ### 118. Member to act as Chairperson in certain circumstances.– (1) In the event of the occurrence of any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most Member of the Appellate Tribunal shall act as the Chairperson of the Appellate Tribunal until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (2) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member of the Appellate Tribunal shall discharge the functions of the Chairperson of the Appellate Tribunal until the date on which the Chairperson of the Appellate Tribunal resumes his duties. ### 119. Officers and other employees of Appellate Tribunal.– (1) The Central Government shall provide the Appellate Tribunal with such officers and other employees as it may deem fit. (2) The officers and other employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Chairperson of the Appellate Tribunal. (3) The salaries and allowances and other terms and conditions of service of the officers and other employees of the Appellate Tribunal shall be such as may be prescribed by the Central Government. ### 120. Procedure and powers of Appellate Tribunal.– (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure. (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:– (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1982), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing a representation of default or deciding it ex parte; (h) setting aside any order of dismissal or any representation for default or any order passed by it ex parte; (i) any other matter which may be prescribed by the Central Government. (3) An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). ### 121. Power of Appellate Tribunal.– The Appellate Tribunal may, after hearing the Appropriate Commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any Appropriate Commission for the performance of its statutory functions under this Act.122. Distribution of business amongst Benches and transfer of cases from one Bench to another Bench.– (1) Where Benches are constituted, the Chairperson of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench. (2) On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench, for disposal, to any other Bench. ### 123. Decision to be by majority.– If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it. ### 124. Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers.– (1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Appellate Tribunal, as the case may be. (2) The Appropriate Commission may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal, as the case may be. ### 125. Appeal to Supreme Court.– Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908): Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. Part XII – Investigation and enforcement ------------------------------------------ ### 126. Assessment.– (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use. (2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. (3) The person, on whom an order has been served under sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person.(4) Any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him: (5) If the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorised use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.(6) The assessment under this section shall be made at a rate equal to twice the tariff rates applicable for the relevant category of services specified in sub-section (5). Explanation.–For the purposes of this section,– (a) “assessing officer” means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government; (b) “unauthorised use of electricity” means the usage of electricity– (i) by any artificial means; or (ii) by a means not authorised by the concerned person or authority or licensee; or (iii) through a tampered meter; or (iv) for the purpose other than for which the usage of electricity was authorised; or(v) for the premises or areas other than those for which the supply of electricity was authorised. ### 127. Appeal to Appellate Authority.– (1) Any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed. (2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal. (3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant. (4) The order of the appellate authority referred to in sub-section (1) passed under sub-section (3) shall be final. (5) No appeal shall lie to the appellate authority referred to in sub-section (1) against the final order made with the consent of the parties. (6) When a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent. per annum compounded every six months. ### 128. Investigation of certain matters.– (1) The Appropriate Commission may, on being satisfied that a licensee has failed to comply with any of the conditions of licence or a generating company or a licensee has failed to comply with any of the provisions of this Act or the rules or regulations made thereunder, at any time, by order in writing, direct any person (hereafter in this section referred to as “Investigating Authority”) specified in the order to investigate the affairs of any generating company or licensee and to report to that Commission on any investigation made by such Investigating Authority: Provided that the Investigating Authority may, wherever necessary, employ any auditor or any other person for the purpose of assisting him in any investigation under this section. (2) Notwithstanding anything to the contrary contained in section 235 of the Companies Act, 1956 (1 of 1956), the Investigating Authority may, at any time, and shall, on being directed so to do by the Appropriate Commission, cause an inspection to be made, by one or more of his officers, of any licensee or generating company and his books of account; and the Investigating Authority shall supply to the licensee or generating company, as the case may be, a copy of his report on such inspection. (3) It shall be the duty of every manager, managing director or other officer of the licensee or generating company, as the case may be, to produce before the Investigating Authority directed to make the investigation under sub-section (1), or inspection under sub-section (2), all such books of account, registers and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the licensee or generating company, as the case may be, as the said Investigating Authority may require of him within such time as the said Investigating Authority may specify. (4) Any Investigating Authority, directed to make an investigation under sub-section (1), or inspection under sub-section (2), may examine on oath any manager, managing director or other officer of the licensee or generating company, as the case may be, in relation to his business and may administer oaths accordingly. (5) The Investigating Authority, shall, if it has been directed by the Appropriate Commission to cause an inspection to be made, and may, in any other case, report to the Appropriate Commission on any inspection made under this section. (6) On receipt of any report under sub-section (1) or sub-section (5), the Appropriate Commission may, after giving such opportunity to the licensee or generating company, as the case may be, to make a representation in connection with the report as in the opinion of the Appropriate Commission seems reasonable, by order in writing– (a) require the licensee or the generating company to take such action in respect of any matter arising out of the report as the Appropriate Commission may think fit; or (b) cancel the licence; or (c) direct the generating company to cease to carry on the business of generation of electricity. (7) The Appropriate Commission may, after giving reasonable notice to the licensee or the generating company, as the case may be, publish the report submitted by the Investigating Authority under sub-section (5) or such portion thereof as may appear to it to be necessary. (8) The Appropriate Commission may specify the minimum information to be maintained by the licensee or the generating company in their books, the manner in which such information shall be maintained, the checks and other verifications to be adopted by licensee or the generating company in that connection and all other matters incidental thereto as are, in its opinion, necessary to enable the Investigating Authority to discharge satisfactorily its functions under this section. Explanation.– For the purposes of this section, the expression “licensee or the generating company” shall include in the case of a licensee incorporated in India– (a) all its subsidiaries formed for the purpose of carrying on the business of generation or transmission or distribution or trading of electricity exclusively outside India; and (b) all its branches whether situated in India or outside India. (9) All expenses of, and incidental to, any investigation made under this section shall be defrayed by the licensee or the generating company, as the case may be, and shall have priority over the debts due from the licensee or the generating company and shall be recoverable as an arrear of land revenue. ### 129. Orders for securing compliance.– (1) Where the Appropriate Commission, on the basis of material in its possession, is satisfied that a licensee is contravening, or is likely to contravene, any of the conditions mentioned in his licence or conditions for grant of exemption or the licensee or the generating company has contravened or is likely to contravene any of the provisions of this Act, it shall, by an order, give such directions as may be necessary for the purpose of securing compliance with that condition or provision. (2) While giving direction under sub-section (1), the Appropriate Commission shall have due regard to the extent to which any person is likely to sustain loss or damage due to such contravention. ### 130. Procedure for issuing directions by Appropriate Commission.– The Appropriate Commission, before issuing any direction under section 129, shall– (a) serve notice in the manner as may be specified to the concerned licensee or the generating company; (b) publish the notice in the manner as may be specified for the purpose of bringing the matters to the attention of persons, likely to be affected, or affected; (c) consider suggestions and objections from the concerned licensee or generating company and the persons, likely to be affected, or affected. Part XIII – Reorganisation of board ------------------------------------- ### 131. Vesting of property of Board in State Government.– (1) With effect from the date on which a transfer scheme, prepared by the State Government to give effect to the objects and purposes of this Act, is published or such further date as may be stipulated by the State Government (hereafter in this Part referred to as the effective date), any property, interest in property, rights and liabilities which immediately before the effective date belonged to the State Electricity Board (hereinafter referred to as the Board) shall vest in the State Government on such terms as may be agreed between the State Government and the Board. (2) Any property, interest in property, rights and liabilities vested in the State Government under sub-section (1) shall be re-vested by the State Government in a Government company or in a company or companies, in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabilities of the State Government as may be stipulated in such scheme, on such terms and conditions as may be agreed between the State Government and such company or companies being State Transmission Utility or generating company or transmission licensee or distribution licensee, as the case may be: Provided that the transfer value of any assets transferred hereunder shall be determined, as far as may be, based on the revenue potential of such assets at such terms and conditions as may be agreed between the State Government and the State Transmission Utility or generating company or transmission licensee or distribution licensee, as the case may be. (3) Notwithstanding anything contained in this section, where,– (a) the transfer scheme involves the transfer of any property or rights to any person or undertaking not wholly owned by the State Government, the scheme shall give effect to the transfer only for fair value to be paid by the transferee to the State Government; (b) a transaction of any description is effected in pursuance of a transfer scheme, it shall be binding on all persons including third parties and even if such persons or third parties have not consented to it. (4) The State Government may, after consulting the Government company or company or companies being State Transmission Utility or generating company or transmission licensee or distribution licensee, referred to in sub-section (2) (hereinafter referred to as the transferor), require such transferor to draw up a transfer scheme to vest in a transferee being any other generating company or transmission licensee or distribution licensee, the property, interest in property, rights and liabilities which have been vested in the transferor under this section, and publish such scheme as statutory transfer scheme under this Act. (5) A transfer scheme under this section may– (a) provide for the formation of subsidiaries, joint venture companies or other schemes of division, amalgamation, merger, reconstruction or arrangements which shall promote the profitability and viability of the resulting entity, ensure economic efficiency, encourage competition and protect consumer interests; (b) define the property, interest in property, rights and liabilities to be allocated– (i) by specifying or describing the property, rights and liabilities in question; or (ii) by referring to all the property, interest in property, rights and liabilities comprised in a described part of the transferor's undertaking; or (iii) partly in one way and partly in the other; (c) provide that any rights or liabilities stipulated or described in the scheme shall be enforceable by or against the transferor or the transferee; (d) impose on the transferor an obligation to enter into such written agreements with or execute such other instruments in favour of any other subsequent transferee as may be stipulated in the scheme; (e) mention the functions and duties of the transferee; (f) make such supplemental, incidental and consequential provisions as the transferor considers appropriate including provision stipulating the order as taking effect; and (g) provide that the transfer shall be provisional for a stipulated period. (6) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by the Board, with the Board or for the Board, or the State Transmission Utility or generating company or transmission licensee or distribution licensee, before a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done by the Board, with the Board or for the State Government or the transferee and all suits or other legal proceedings instituted by or against the Board or transferor, as the case may be, may be continued or instituted by or against the State Government or concerned transferee, as the case may be. (7) The Board shall cease to be charged with and shall not perform the functions and duties with regard to transfers made on and after the effective date. Explanation.– For the purpose of this Part,– (a) “Government company” means a Government Company formed and registered under the Companies Act, 1956 (1 of 1956). (b) “company” means a company to be formed and registered under the Companies Act, 1956 (1 of 1956) to undertake generation or transmission or distribution in accordance with the scheme under this Part. ### 132. Use of proceeds of sale or transfer of Board, etc.– In the event that a Board or any utility owned or controlled by the Appropriate Government is sold or transferred in any manner to a person who is not owned or controlled by the Appropriate Government, the proceeds from such sale or transfer shall be utilised in priority to all other dues in the following order, namely:– (a) dues (including retirement benefits due) to the officers and employees of such Board or utility, who have been affected by the aforesaid sale or transfer; (b) payment of debt or other liabilities of the transferor as may be required by the existing loan covenants. ### 133. Provisions relating to officers and employees.– (1) The State Government may, by a transfer scheme, provide for the transfer of the officers and employees to the transferee on the vesting of properties, rights and liabilities in such transferee as provided under section 131. (2) Upon such transfer under the transfer scheme, the personnel shall hold office or service under the transferee on such terms and conditions as may be determined in accordance with the transfer scheme: Provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such transfer under the transfer scheme: Provided further that the transfer can be provisional for a stipulated period. Explanation.– For the purposes of this section and the transfer scheme, the expression “officers and employees” shall mean all officers and employees who on the date specified in the scheme are the officers and employees of the Board or transferor, as the case may be. ### 134. Payment of compensation or damages on transfer.– Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law for the time being in force and except for the provisions made in this Act, the transfer of the employment of the officers and employees referred to in sub-section (1) of section 133 shall not entitle such officers and employees to any compensation or damages under this Act, or any other Central or State law, save as provided in the transfer scheme. Part XIV – Offences and penalties ----------------------------------- ### 135. Theft of Electricity.– (1) Whoever, dishonestly,– (a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be; or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or (d) uses electricity through a tampered meter; or (e) uses electricity for the purpose other than for which the usage of electricity was authorised, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both: Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use– (i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity; (ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: Provided further that in the event of second and subsequent conviction of a person where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use exceeds 10 kilowatt, such person shall also be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting supply of electricity for that period from any other source or generating station: Provided also that if it is proved that any artificial means or means not authorised by the Board or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer. (1A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity: Provided that only such officer of the licensee or supplier, as authorised for the purpose by the Appropriate Commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorised shall disconnect the supply line of electricity: Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection: Provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this Act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment. (2) Any officer of the licensee or supplier as the case may be, authorised in this behalf by the State Government may– (a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been or is being, used unauthorisedly; (b) search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, or is being, used for unauthorised use of electricity; (c) examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence. (3) The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act. ### 136. Theft of electric lines and materials.– (1) Whoever, dishonestly– (a) cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or (b) stores, possesses or otherwise keeps in his premises, custody or control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain; or (c) loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain, is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (2) If a person, having been convicted of an offence punishable under sub-section (1) is again guilty of an offence punishable under that sub-section, he shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees. ### 137. Punishment for receiving stolen property.– Whoever, dishonestly receives any stolen electric line or material knowing or having reasons to believe the same to be stolen property, shall be punishable with imprisonment of either description for a term which may extend to three years or with fine or with both. ### 138. Interference with meters or works of licensee.– (1) Whoever,– (a) unauthorisedly connects any meter, indicator or apparatus with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line; or (b) unauthorisedly reconnects any meter, indicator or apparatus with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected; or (c) lays or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee; or (d) maliciously injures any meter, indicator, or apparatus belonging to a licensee or wilfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing offence, with a daily fine which may extend to five hundred rupees; and if it is proved that any means exist for making such connection as is referred to in clause (a) or such re-connection as is referred to in clause (b), or such communication as is referred to in clause (c), for causing such alteration or prevention as is referred to in clause (d), and that the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, reconnection, communication, alteration, prevention or improper use, as the case may be, has been knowingly and wilfully caused by such consumer. ### 140. 139. Negligently breaking or damaging works.– Whoever, negligently breaks, injures, throws down or damages any material connected with the supply of electricity, shall be punishable with fine which may extend to ten thousand rupees.Penalty for intentionally injuring works.– Whoever, with intent to cut off the supply of electricity, cuts or injures, or attempts to cut or injure, any electric supply line or works, shall be punishable with fine which may extend to ten thousand rupees. ### 141. Extinguishing public lamps.– Whoever, maliciously extinguishes any public lamp shall be punishable with fine which may extend to two thousand rupees. ### 142. Punishment for non-compliance of directions by Appropriate Commission.– In case any complaint is filed before the Appropriate Commission by any person or if that Commission is satisfied that any person has contravened any of the provisions of this Act or the rules or regulations made thereunder, or any direction issued by the Commission, the Appropriate Commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction. ### 143. Power to adjudicate.– (1) For the purpose of adjudging under this Act, the Appropriate Commission shall appoint any of its Members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed by the Appropriate Government, after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of section 29 or section 33 or section 43, he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. ### 144. Factors to be taken into account by adjudicating officer.– While adjudicating the quantum of penalty under section 29 or section 33 or section 43, the adjudicating officer shall have due regard to the following factors, namely:– (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the repetitive nature of the default. ### 145. Civil courts not to have jurisdiction.– No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this Act 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. ### 146. Punishment for non-compliance of orders or directions.– Whoever, fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence: Provided that nothing contained in this section shall apply to the orders, instructions or directions issued under section 121.147. Penalties not to affect other liabilities.– The penalties imposed under this Act shall be in addition to, and not in derogation of, any liability in respect of payment of compensation or, in the case of a licensee, the revocation of his licence which the offender may have incurred. ### 148. Penalty where works belong to Government.– The provisions of this Act shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of electricity supplied by or of works belonging to the Appropriate Government. ### 149. Offences by companies.– (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of having committed such offence and shall be liable to be proceeded against and punished accordingly. Explanation.– For the purposes of this section,– (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. ### 150. Abetment.– (1) Whoever abets an offence punishable under this Act, shall, notwithstanding anything contained in the Indian Penal Code (45 of 1860), be punished with the punishment provided for the offence. (2) Without prejudice to any penalty or fine which may be imposed or prosecution proceeding which may be initiated under this Act or any other law for the time being in force, if any officer or other employee of the Board or the licensee enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any theft of electricity is committed, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (3) Notwithstanding anything contained in sub-section (1) of section 135, sub-section (1) of section 136, section 137 and section 138, the licence or certificate of competency or permit or such other authorisation issued under the rules made or deemed to have been made under this Act to any person who acting as an electrical contractor, supervisor or worker abets the commission of an offence punishable under sub-section (1) of section 135, sub-section (1) of section 136, section 137, or section 138, on his conviction for such abetment, may also be cancelled by the licensing authority:Provided that no order of such cancellation shall be made without giving such person an opportunity of being heard. Explanation.– For the purposes of this sub-section, “licencing authority” means the officer who for the time being in force is issuing or renewing such licence or certificate of competency or permit or such other authorisation. ### 151. Cognizance of offences.– No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by the Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose. Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974):Provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial. ### 151A. Power of police to investigate.– For the purposes of investigation of an offence punishable under this Act, the police officer shall have all the powers as provided in Chapter XII of the Code of Criminal Procedure, 1973 (2 of 1974).151B. Certain offences to be cognizable and non-bailable.– Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under sections 135 to 140 or section 150 shall be cognizable and non-bailable. ### 152. Compounding of offences.– (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence as specified in the Table below: | Nature of Service | Rate at which the sum of money for compounding to be collected per Kilowatt (KW) /Horse Power (HP) or part thereof for Low Tension (LT) supply and per Kilo Volt Ampere (KVA) of contracted demand for High Tension (HT) | | --- | --- | | 1. Industrial Service | twenty thousand rupees; | | 2. Commercial Service | ten thousand rupees; | | 3. Agricultural Service | two thousand rupees; | | 4. Other Services | four thousand rupees: | ### 1. Industrial Service twenty thousand rupees; ### 2. Commercial Service ten thousand rupees; ### 3. Agricultural Service two thousand rupees; ### 4. Other Services four thousand rupees: Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above. (2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court. (3) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974). (4) The Compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer. Part XV – Special courts -------------------------- ### 153. Constitution of Special Courts.– (1) The State Government may, for the purposes of providing speedy trial of offences referred to in sections 135 to 140 and section 150, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas, as may be specified in the notification. (2) A Special Court shall consist of a single Judge who shall be appointed by the State Government with the concurrence of the High Court. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he was, immediately before such appointment, an Additional District and Sessions Judge. (4) Where the office of the Judge of a Special Court is vacant, or such Judge is absent from the ordinary place of sitting of such Special Court, or he is incapacitated by illness or otherwise for the performance of his duties, any urgent business in the Special Court shall be disposed of– (a) by a Judge, if any, exercising jurisdiction in the Special Court; (b) where there is no such other Judge available, in accordance with the direction of District and Sessions Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified under sub-section (1). ### 154. Procedure and power of Special Court.– (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under sections 135 to 140 and section 150 shall be triable only by the Special Court within whose jurisdiction such offence has been committed. (2) Where it appears to any court in the course of any inquiry or trial that an offence punishable under sections 135 to 140 and section 150 in respect of any offence that the case is one which is triable by a Special Court constituted under this Act for the area in which such case has arisen, it shall transfer such case to such Special Court, and thereupon such case shall be tried and disposed of by such Special Court in accordance with the provisions of this Act: Provided that it shall be lawful for such Special Court to act on the evidence, if any, recorded by any court in the case of presence of the accused before the transfer of the case to any Special Court: Provided further that if such Special Court is of opinion that further examination, cross-examination and re-examination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice, it may re-summon any such witness and after such further examination, cross-examination or re-examination, if any, as it may permit, the witness shall be discharged. (3) The Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code of Criminal Procedure, 1973 (2 of 1974), try the offence referred to in sections 135 to 140 and section 150 in a summary way in accordance with the procedure prescribed in the said Code and the provisions of sections 263 to 265 of the said Code shall, so far as may be, apply to such trial: Provided that where in the course of a summary trial under this subsection, it appears to the Special Court that the nature of the case is such that it is undesirable to try such case in summary way, the Special Court shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the said Code for the trial of such offence: Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding five years. (4) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 thereof. (5) The Special Court shall determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil court. (6) In case the civil liability so determined finally by the Special Court is less than the amount deposited by the consumer or the person, the excess amount so deposited by the consumer or the person, to the Board or licensee or the concerned person, as the case may be, shall be refunded by the Board or licensee or the concerned person, as the case may be, within a fortnight from the date of communication of the order of the Special Court together with interest at the prevailing Reserve Bank of India prime lending rate for the period from the date of such deposit till the date of payment. Explanation.– For the purposes of this section, “civil liability” means loss or damage incurred by the Board or licensee or the concerned person, as the case may be, due to the commission of an offence referred to in sections 135 to 140 and section 150. ### 155. Special Court to have powers of Court of Session.– Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973 (2 of 1974), in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purpose of the provisions of the said enactments, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. ### 156. Appeal and revision.– The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974), as if the Special Court within the local limits of the jurisdiction of the High Court is a District Court, or as the case may be, the Court of Session, trying cases within the local limits of jurisdiction of the High Court. ### 157. Review.– The Special Court may, on a petition or otherwise and in order to prevent miscarriage of justice, review its judgment or order passed under section 154, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record: Provided that the Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected. Explanation.– For the purposes of this Part, “Special Courts” means the Special Courts constituted under sub-section (1) of section 153. Part XVI – Dispute resolution ------------------------------- Arbitration ### 158. Arbitration.– Where any matter is, by or under this Act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the licence of a licensee, be determined by such person or persons as the Appropriate Commission may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996). Part XVII – Other provisions ------------------------------ Protective clauses ### 159. Protection of railways, highways, airports and canals, docks, wharfs and piers.– No person shall, in the generation, transmission, distribution, supply or use of electricity, in any way injure any railway, highway, airports, tramway, canal or water-way or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, airway, tramway, canal or water-way. ### 160. Protection of telegraphic, telephonic and electric signalling lines.– (1) Every person generating, transmitting, distributing, supplying or using electricity (hereinafter in this section referred to as the "operator") shall take all reasonable precautions in constructing, laying down and placing his electric lines, electrical plant and other works and in working his system, so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephone or electric signalling communication, or the currents in such wire or line. (2) Where any difference or dispute arises between the operator, and the telegraph authority as to whether the operator has constructed, laid down or placed his electric lines, electrical plant or other works, or worked his system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Central Government and the Central Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric lines, electrical plant or works of the operator after the construction of such lines, plant or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric line or electrical plant so long as the course of the electric line or electrical plant and the amount and nature of the electricity transmitted thereby are not altered. (3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. Explanation.– For the purposes of this section, a telegraph line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric line, electrical plant or other work or by any use made thereof. ### 161. Notice of accidents and injuries.– (1) If any accident occurs in connection with the generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the Electrical Inspector or such other person as aforesaid and to such other authorities as the Appropriate Government may by general or special order, direct. (2) The Appropriate Government may, if it thinks fit, require any Electrical Inspector, or any other person appointed by it in this behalf, to inquire and report– (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or (b) as to the manner in, and extent to, which the provisions of this Act or rules and regulations made thereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with. (3) Every Electrical Inspector or other person holding an inquiry under sub-section (2) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860). ### 162. Appointment of Chief Electrical Inspector and Electrical Inspector.– (1) The Appropriate Government may, by notification, appoint duly qualified persons to be Chief Electrical Inspector or Electrical Inspectors and every such Inspector so appointed shall exercise the powers and perform the functions of a Chief Electrical Inspector or an Electrical Inspector under this Act and exercise such other powers and perform such other functions as may be prescribed within such areas or in respect of such class of works and electric installations and subject to such restrictions as the Appropriate Government may direct. (2) In the absence of express provision to the contrary in this Act, or any rule made thereunder, an appeal shall lie from the decision of a Chief Electrical Inspector or an Electrical Inspector to the Appropriate Government or if the Appropriate Government, by general or special order so directs, to an Appropriate Commission. ### 163. Power for licensee to enter premises and to remove fittings or other apparatus of licensee.– (1) A licensee or any person duly authorised by a licence may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which electricity is, or has been, supplied by him, of any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of– (a) inspecting, testing, repairing or altering the electric supply-lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee; or (b) ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or (c) removing where a supply of electricity is no longer required, or where the licensee is authorised to take away and cut off such supply, any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee. (2) A licensee or any person authorised as aforesaid may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier,– (a) enter any premises or land referred to in sub-section (1) for any of the purposes mentioned therein; (b) enter any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer. (3) Where a consumer refuses to allow a licensee or any person authorised as aforesaid to enter his premises or land in pursuance of the provisions of sub-section (1) or, sub-section (2), when such licensee or person has so entered, refuses to allow him to perform any act which he is authorised by those sub-sections to perform, or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer. ### 164. Exercise of powers of Telegraph Authority in certain cases.– The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co¬ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained. ### 165. Amendment of sections 40 and 41 of Act 1 of 1894.– (1) In section 40, sub-section (1) of clause (b) and section 41, sub-section (5) of the Land Acquisition Act, 1894, the term “work” shall be deemed to include electricity supplied or to be supplied by means of the work to be constructed. (2) The Appropriate Government may, on recommendation of the Appropriate Commission in this behalf, if it thinks fit, on the application of any person, not being a company desirous of obtaining any land for its purposes, direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894) in the same manner and on the same conditions as it might be acquired if the person were a company. Part XVIII – Miscellaneous ---------------------------- ### 166. Coordination forum.– (1) The Central Government shall constitute a coordination forum consisting of the Chairperson of the Central Commission and Members thereof, the Chairperson of the Authority, representatives of generating companies and transmission licensees engaged in inter-State transmission of electricity for smooth and coordinated development of the power system in the country. (2) The Central Government shall also constitute a forum of regulators consisting of the Chairperson of the Central Commission and Chairpersons of the State Commissions. (3) The Chairperson of the Central Commission shall be the Chairperson of the Forum of regulators referred to in sub-section (2). (4) The State Government shall constitute a Coordination Forum consisting of the Chairperson of the State Commission and Members thereof representatives of the generating companies, transmission licensee and distribution licensees engaged in generation, transmission and distribution of electricity in that State for smooth and coordinated development of the power system in the State. (5) There shall be a committee in each district to be constituted by the Appropriate Government– (a) to coordinate and review the extension of electrification in each district; (b) to review the quality of power supply and consumer satisfaction; (c) to promote energy efficiency and its conservation. ### 167. Exemption of electric lines or electrical plants from attachment in certain cases.– Where any electric lines or electrical plant, belonging to a licensee are placed in or upon any premises or land not being in the possession of the licensee, such electric lines or electrical plant shall not be liable to be taken in execution under any process of any civil court or in any proceedings in insolvency against the person in whose possession the same may be. ### 168. Protection of action taken in good faith.– No suit, prosecution or other proceeding shall lie against the Appropriate Government or Appellate Tribunal or the Appropriate Commission or any officer of Appropriate Government, or any Member, Officer or other employee of the Appellate Tribunal or any Members, officer or other employees of the Appropriate Commission or the assessing officer or any public servant for anything done or in good faith purporting to be done under this Act or the rules or regulations made thereunder. ### 169. Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants.– The Chairperson, Members, officers and other employees of the Appellate Tribunal and the Chairperson, Members, Secretary, officers and other employees of the Appropriate Commission and the assessing officer referred to in section 126 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). ### 170. Recovery of penalty payable under this Act.– Any penalty payable by a person under this Act, if not paid, may be recovered as if it were an arrear of land revenue. ### 171. Services of notices, orders or documents.– (1) Every notice, order or document by or under this Act required, or authorised to be addressed to any person may be served on him by delivering the same after obtaining signed acknowledgement receipt therefor or by registered post or such means of delivery as may be prescribed– (a) where the Appropriate Government is the addressee, at the office of such officer as the Appropriate Government may prescribe in this behalf; (b) where the Appropriate Commission is the addressee, at the office of the Appropriate Commission; (c) where a company is the addressee, at the registered office of the company or, in the event of the registered office of the company not being in India, at the head office of the company in India; (d) where any other person is the addressee, at the usual or last known place of abode or business of the person. (2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises. ### 172. Transitional provisions.– Notwithstanding anything to the contrary contained in this Act,– (a) a State Electricity Board constituted under the repealed laws shall be deemed to be the State Transmission Utility and a licensee under the provisions of this Act for a period of one year from the appointed date or such earlier date as the State Government may notify, and shall perform the duties and functions of the State Transmission Utility and a licensee in accordance with the provisions of this Act and rules and regulations made thereunder: Provided that the State Government may, by notification, authorise the State Electricity Board to continue to function as the State Transmission Utility or a licensee for such further period beyond the said period of one year as may be mutually decided by the Central Government and the State Government; (b) all licences, authorisations, approvals, clearances and permissions granted under the provisions of the repealed laws may, for a period not exceeding one year from the appointed date or such earlier period, as may be notified by the Appropriate Government, continue to operate as if the repealed laws were in force with respect to such licences, authorisations, approvals, clearances and permissions, as the case may be, and thereafter such licences, authorisations, approvals, clearances and permissions shall be deemed to be licences, authorisations, approvals, clearances and permission under this Act and all provisions of this Act shall apply accordingly to such licences, authorisations, approvals, clearances and permissions; (c) the undertaking of the State Electricity Boards established under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948) may after the expiry of the period specified in clause (a) be transferred in accordance with the provisions of Part XIII of this Act; (d) the State Government may, by notification, declare that any or all the provisions contained in this Act, shall not apply in that State for such period, not exceeding six months from the appointed date, as may be stipulated in the notification. ### 173. Inconsistency in laws.– Nothing contained in this Act or any rule or regulation made thereunder or any instrument having effect by virtue of this Act, rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the Consumer Protection Act, 1986 (68 of 1986) or the Atomic Energy Act, 1962 (33 of 1962) or the Railways Act, 1989 (24 of 1989). ### 174. Act to have overriding effect.– Save as otherwise provided in section 173, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. ### 175. Provisions of this Act to be in addition to and not in derogation of other laws.– The provisions of this Act are in addition to and not in derogation of any other law for the time being in force. ### 176. Power of Central Government to make rules.– (1) The Central 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 time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements relating to the capital adequacy, creditworthiness or code of conduct under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed. ### 177. Powers of Authority to make regulations.– (1) The Authority may, by notification, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the power conferred in sub-section (1), such regulations may provide for all or any of the following matters, namely:– (a) the Grid Standards under section 34; (b) suitable measures relating to safety and electric supply under section 53; (c) the installation and operation of meters under section 55; (d) the rules of procedure for transaction of business under sub-section (9) of section 70; (e) the technical standards for construction of electrical plants and electric lines and connectivity to the grid under clause (b) of section 73; (f) the form and manner in which and the time at which the State Government and licensees shall furnish statistics, returns or other information under section 74. (g) any other matter which is to be, or may be, specified; (3) All regulations made by the Authority under this Act shall be subject to the conditions of previous publication. ### 178. Powers of Central Commission to make regulations.– (1) The Central Commission may, by notification make regulations consistent with this Act and the rules generally to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of following matters, namely:– (a) period to be specified under the first proviso to section 14; (b) the form and the manner of the application under sub-section (1) of section 15; (c) the manner and particulars of notice under sub-section (2) of section 15; (d) the conditions of licence under section 16; (e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18; (f) publication of alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18; (g) Grid Code under sub-section (2) of section 28; (h) levy and collection of fees and charge from generating companies or transmission utilities or licensees under sub-section (4) of section 28; (i) rates, charges and terms and conditions in respect of intervening transmission facilities under proviso to section 36; (j) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of section 38; (k) reduction \*\*\* of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 38; (l) payment of transmission charges and a surcharge under sub-clause (ii) of clause (c) of section 40; (m) reduction \*\*\* of surcharge and cross-subsidies under the second proviso to sub-clause (ii) of clause (c) of section 40; (n) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41; (o) duties of electricity trader under sub-section (2) of section 52; (p) standards of performance of a licensee or class of licensees under sub-section (1) of section 57; (q) the period within which information to be furnished by the licensee under sub-section (1) of section 59; (s) (r) the manner of reduction of cross-subsidies under clause (g) of section 61;the terms and conditions for the determination of tariff under section 61; (t) details to be furnished by licensee or generating company under sub-section (2) of section 62; (u) the procedures for calculating the expected revenue from tariff and charges under sub-section (5) of section 62; (v) the manner of making an application before the Central Commission and the fee payable therefor under sub-section (1) of section 64; (w) the manner of publication of application under sub-section (2) of section 64; (x) issue of tariff order with modifications or conditions under sub-section (3) of section 64; (y) the manner by which development of market in power including trading specified under section 66; (z) the powers and duties of the Secretary of the Central Commission under sub-section (1) of section 91; (za) the terms and conditions of service of the Secretary, officers and other employees of Central Commission under sub-section (3) of section 91; (zb) the rules of procedure for transaction of business under sub-section (1) of section 92; (zc) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of section 128; (zd) the manner of service and publication of notice under section 130; (ze) any other matter which is to be, or may be, specified by regulations. (3) All regulations made by the Central Commission under this Act shall be subject to the conditions of previous publication. ### 179. Rules and regulations to be laid before Parliament.– Every rule made by the Central Government, every regulation made by the Authority, and every regulation made by the Central Commission shall be laid, as soon as may be after it is made, before each House of the 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 regulation or 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. ### 180. Powers of State Governments 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 foregoing power, such rules may provide for all or any of the following matters, namely:– (a) the payment of fees for application for grant of licence under sub-section (1) of section 15; (b) the works of licensees affecting the property of other persons under sub-section (2) of section 67; (c) such other matters which may be prescribed under clause (c) of sub-section (2) of section 68; (d) the salary, allowances and other terms and conditions of service of the Chairperson and Members of the State Commission under sub-section (2) of section 89; (e) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (f) any other matter required to be prescribed by the State Commission under clause (g) of sub-section (1) of section 94; (g) the manner of applying the Fund under sub-section (3) of section 103; (h) the form in which and time at which the State Commission shall prepare its annual accounts under sub-section (1) of section 104; (i) the form in which and time at which the State Commission shall prepare its annual report under sub-section (1) of section 105; (j) the form in which and time at which the State Commission shall prepare its budget under section 106; (k) manner of service of provisional order of assessment under sub-section (2) of section 126; (l) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (m) the form in which and the time at which notice to the Electrical Inspector under sub-section (1) of section 161; (n) the manner of delivery of every notice, order or document under sub-section (1) of section 171; and (o) any other matter which is required to be, or may be, prescribed. ### 181. Powers of State Commissions to make regulations.– (1) The State Commissions may, by notification, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of the following matters, namely:– (a) period to be specified under the first proviso to section 14; (b) the form and the manner of application under sub-section (1) of section 15; (c) the manner and particulars of application for licence to be published under sub-section (2) of section 15; (d) the conditions of licence section 16; (e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18; (f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18; (g) levy and collection of fees and charges from generating companies or licensees under sub-section (3) of section 32; (h) rates, charges and the terms and conditions in respect of intervening transmission facilities under proviso to section 36; (i) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of section 39; (j) reduction \*\*\* of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 39; (k) manner and utilisation of payment and surcharge under the fourth proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 39; (l) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (c) of section 40; (m) reduction \*\*\* of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (c) of section 40; (n) the manner of payment of surcharge under the fourth proviso to sub-clause (ii) of clause (c) of section 40; (o) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41; (p) reduction \*\*\* of surcharge and cross-subsidies under the third proviso to sub-section (2) of section 42; (q) payment of additional charges on charges of wheeling under sub-section (4) of section 42; (r) guidelines under sub-section (5) of section 42; (s) the time and manner for settlement of grievances under sub-section (7) of section 42; (t) the period to be specified by the State Commission for the purposes specified under sub-section (1) of section 43; (u) methods and principles by which charges for electricity shall be fixed under sub-section (2) of section 45; (v) reasonable security payable to the distribution licensee under sub-section (1) of section 47; (w) payment of interest on security under sub-section (4) of section 47; (x) electricity supply code under section 50; (y) the proportion of revenues from other business to be utilised for reducing wheeling charges under proviso to section 51; (z) duties of electricity trader under sub-section (2) of section 52; (za) standards of performance of a licensee or a class of licensees under sub-section (1) of section 57; (zb) the period within which information to be furnished by the licensee under sub-section (1) of section 59; (zc) the manner of reduction of cross-subsidies under clause (g) of section 61;(zd) the terms and conditions for the determination of tariff under section 61; (ze) details to be furnished by licensee or generating company under sub-section (2) of section 62; (zf) the methodologies and procedures for calculating the expected revenue from tariff and charges under sub-section (5) of section 62; (zg) the manner of making an application before the State Commission and the fee payable therefor under sub-section (1) of section 64; (zh) issue of tariff order with modifications or conditions under sub-section (3) of section 64; (zi) the manner by which development of market in power including trading specified under section 66; (zj) the powers and duties of the Secretary of the State Commission under sub-section (1) of section 91; (zk) the terms and conditions of service of the secretary, officers and other employees of the State Commission under sub-section (2) of section 91; (zl) rules of procedure for transaction of business under sub-section (1) of section 92; (zm) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of section 128; (zn) the manner of service and publication of notice under section 130; (zo) the form of preferring the appeal and the manner in which such form shall be verified and the fee for preferring the appeal under sub-section (1) of section 127; (zp) any other matter which is to be, or may be, specified. (3) All regulations made by the State Commission under this Act shall be subject to the condition of previous publication. ### 182. Rules and regulations to be laid before State Legislature.– Every rule made by the State Government and every regulation made by the State Commission shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. ### 183. 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, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. ### 184. Provisions of Act not to apply in certain cases.– The provisions of this Act shall not apply to the Ministry or Department of the Central Government dealing with Defence, Atomic Energy or such other similar Ministries or Departments or undertakings or Boards or institutions under the control of such Ministries or Departments as may be notified by the Central Government. ### 185. Repeal and saving.– (1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 998) are hereby repealed. (2) Notwithstanding such repeal,– (a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given under the repealed laws 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; (b) the provisions contained in sections 12 to 18 of the Indian Electricity Act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under section 67 to 69 of this Act are made; (c) the Indian Electricity Rules, 1956 made under section 37 of the Indian Electricity Act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in force till the regulations under section 53 of this Act are made; (d) all rules made under sub-section (1) of section 69 of the Electricity (Supply) Act, 1948 (54 of 1948) shall continue to have effect until such rules are rescinded or modified, as the case may be; (e) all directives issued, before the commencement of this Act, by a State Government under the enactments specified in the Schedule shall continue to apply for the period for which such directions were issued by the State Government. (3) The provisions of the enactments specified in the Schedule, not inconsistent with the provisions of this Act, shall apply to the States in which such enactments are applicable. (4) The Central Government may, as and when considered necessary, by notification, amend the Schedule. (5) Save as otherwise provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals. ENACTMENTS ------------ [See sub-section (3) of section 185] (1) The Orissa Electricity Reform Act, 1995 (Orissa Act No. 2 of 1996) (2) The Haryana Electricity Reform Act, 1997 (Haryana Act No. 10 of 1998) (3) The Andhra Pradesh Electricity Reform Act, 1998 (Andhra Pradesh Act No. 30 of 1998) (4) The Uttar Pradesh Electricity Reform Act, 1999 (Uttar Pradesh Act No. 24 of 1999) (5) The Karnataka Electricity Reform Act, 1999 (Karnataka Act No. 25 of 1999) (6) The Rajasthan Electricity Reform Act, 1999 (Rajasthan Act No. 23 of 1999) (7) The Delhi Electricity Reforms Act, 2000 (Delhi Act No. 2 of 2001) (8) The Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (Madhya Pradesh Act No. 4 of 2001) (9) The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003 (Gujarat Act No. 24 of 2003).
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acts
Union of India - Act ---------------------- Protection of Plant Varieties and Farmers' Rights Rules, 2003 --------------------------------------------------------------- UNION OF INDIA India Protection of Plant Varieties and Farmers' Rights Rules, 2003 =============================================================== Rule PROTECTION-OF-PLANT-VARIETIES-AND-FARMERS-RIGHTS-RULES-2003 of 2003 -------------------------------------------------------------------------- * Published on 12 September 2003 * Commenced on 12 September 2003 Protection of Plant Varieties and Farmers' Rights Rules, 2003 Published vide G.S.R. No. 738(E) , dated 12.9.2003, published in the Gazette of India, Extraordinary, Part II, Section 3(i), dated 12.9.2003 Last Updated 22nd November, 2019 [20/916] In exercise of the powers conferred by section 96 of the Protection of Plant Varieties and Farmers' Rights Act, 2001 ( 53 of 2001 ) read with section 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby makes the following rules, namely:- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. - (1) These rules may be called The Protection of Plant Varieties and Farmers' Rights Rules, 2003. (2) They shall come into force on the date on which the Act shall come into force. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Protection of Plant Varieties and Farmers' Rights Act, 2001 ( 53 of 2001 ); (b) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (c) "Chairperson" means the chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3; (d) "fee" means the fee specified in the Second Schedule; (e) "Form" means a Form specified in the First Schedule; (f) "Gazette" means the Official Gazette of the Government of India; (g) "journal" means the monthly Journal of the Authority; (h) "non-official member" means a member of the Authority other than a member, ex officio ; (i) "notice" means a notice issued by the Tribunal or the Registrar or the Authority under the Act; (j) "Registrar" means a Registrar of Plant Varieties appointed under sub-section (4) of section 12 and includes the Registrar General of Plant Varieties appointed under sub-section (3) of that section; (k) "Schedule" means a Schedule annexed to these rules; (l) "section" means a section of the Act; (m) "representation" means any written communication addressed to the Authority or the Registrar in any proceeding under the Act; (n) all other words and expressions used, but not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act. ### 3. Details of particulars to be furnished while making an application or representation. - (1) Save in case of forms specified by the Authority under the Act, every person making an application or representation under the Act or these rules, shall furnish the particulars in the Forms specified in the First Schedule. (2) If any application or representation has been filed without furnishing all the particulars as specified in the relevant Forms specified in the First Schedule, the Authority or the Registrar, as the case may be, shall give one month's notice to the applicant or the person, who has filed the application or the representation to file such particulars. (3) In the event the applicant or the person, who has filed the application or the representation, defaults or fails to rectify the application or the representation, as the case may be, in terms of the notice under sub-rule (2) within one month as allowed, the said application or the representation shall be liable to be rejected without any further notice. (4) Where no Form is specified for any purpose, the applicant may adopt as nearly as may be a Form specified in the First Schedule with such modifications and variations as may be considered necessary. ### 4. Office of the Authority. - (1) The office of the Authority shall, for all proceedings under the Act, be the head office of the Authority at New Delhi or the branch office, as the case may be, within whose territorial limits- (a) the applicant for registration of the plant variety or the farmers' right has his principal place of business or domicile; or (b) the applicant for registration of the plant variety or the farmers' right, whose name is first mentioned in the application, resides or has his principal place of business or domicile, if the application is made jointly in the names of two or more persons; or (c) the agent or licensee of the registered breeder has his principal place of business or domicile. (2) Notwithstanding anything contained in sub-rule (1), until the branch offices are established, the appropriate office for all proceedings under the Act shall be the head office of the Authority at New Delhi. ### 5. Address for service of notices, etc. - (1) Every person including the applicant, concerned in any proceeding to which the Act or these rules apply, shall furnish to the Authority or the Registrar the complete address for service in India and that address shall be treated for all purposes connected with such proceedings or the rights granted, as the address of the person or persons in the proceedings. (2) Unless such an address is given, the Authority or the Registrar shall be under no obligation either to proceed or deal with any proceeding or to send any notice that may be required to be given under the Act or these rules. ### 6. Procedure regarding application, representation and issue of notices. - (1) Every application or representation shall be made in writing, signed by the applicant or the person who has made the representation, and delivered to the Registrar or the Authority at its office. (2) The names and addresses of the applicants and other persons shall be given in full, together with their nationality and such other particulars, as are necessary for their identification and for sending communications to them. (3) (a) All applications, representations and documents filed or required to be filed under the Act or the rules shall be filed in triplicate: Provided that in cases where the Registrar or the Authority requires more than three copies of such applications, representations, or documents, the applicant or the person, who has filed the application or the representation, shall be required to supply as many copies as is specified by the Authority or the Registrar. (b) In case of failure to furnish the required number of copies within a period of three months, the Registrar or the Authority may reject the application or the representation or may treat the application or representation as withdrawn. (4) Any application, representation or document required to be sent to or filed with the office of the Authority or the Registrar may be delivered either by hand or by registered letter with acknowledgment due or electronic mail, addressed to the Authority or to the Registrar at their office. (5) If any application or a representation or document is delivered to the Authority or the Registrar by hand, an acknowledgment receipt shall be issued by the Authority or the Registrar's office with its seal. (6) In case of delivery by registered post with acknowledgment due or by electronic mail, it shall be presumed to have been filed, or given at the time when the same has been received by the office concerned. (7) Any written communication addressed to an applicant or the holder of any right under the Act, at his address in the Register of Plant Varieties maintained under the Act or at the address for service furnished under rule 5 in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition or reply or counter reply or any such representation, shall be presumed to be properly addressed: Provided that in cases where the receipt of such a representation or application has been delayed beyond the normal period of delivery or transmission, such a delay may be condoned. (8) All notices and written communications addressed to an applicant or to any holder of right, in any proceeding under the Act or these rules, and all documents forwarded to the applicant or the holder of any right or an opponent shall, except when they are sent by special messenger, be sent by registered post acknowledgment due or by electronic mail. (9) (a) The acknowledgment receipt issued by the office concerned or the postal certificate receipt shall be the sufficient proof as to the delivery or sending of any document under the Act or these rules. (b) In case of transmission by electronic mail, the electronic receipt with the recognised digital signature, by the applicant or the person, who has made the representation, shall be the proof of the receipt. ### 7. Application not to be admitted in certain cases. - No application or representation shall be made to the authority or registrar covering the subject-matter already included in an earlier application made by the same person, and such subsequent application shall not be admitted by the registrar or the authority, as the case may be. ### 8. Fees. - [(1) The amount of fees payable in respect of the registration of plant varieties and grant of any right under the Act or any application or any document to be filed under the Act or the rules made thereunder shall be as per the rates specified in the Second Schedule.] (2) (a) The fees payable may either be paid in cash or may be sent by money order or postal order or bank draft or cheque payable to the Authority or the Registrar, as the case may be, at their respective offices, drawn on a scheduled bank at the place where the office is situated. Explanation. - For the purposes of these rules, "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 ( 2 of 1934 ). (b) Any cheque or draft (not including the fees in cash) on which the value specified therein cannot be collected in cash within the time allowed for the payment of the fees, shall be accepted at the discretion of the Registrar. (c) The stamps shall not be received in the payment of any fees payable under these rules. (d) Where a fee is payable in respect of the filing of a document or application or representation, the date on which the entire fee is paid shall be the date of filing of the document or the representation. (3) Where any test is required to be conducted under any of these rules, the applicant or the concerned person shall be required to pay the requisite fee specified in the Second Schedule. (4) Any application or representation or document shall be liable to be rejected on account of non-payment of fees and no test shall be conducted unless and until the parties interested deposit the required amount of fees as specified in the Second Schedule. ### 9. Size, etc., of documents. - All documents and copies of documents, except affidavits and drawings, sent to or left at the office of the Authority or otherwise furnished to the Registrar shall be written, typewritten, lithographed, or printed (either in the Hindi or in the English language unless otherwise directed or allowed by the Authority or the Registrar-General) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size of approximately 33.00 centimetres by 20.50 centimetres (13 inches by 8 inches) or 29.7 centimetres by 21 centimetres (113/4 inches by 81/4 inches) with a margin of at least four centimetres (one and a half inches) on the left hand part thereof. ### 10. Affidavits. - The affidavits required to be filed under these rules shall be dated and signed at the foot and shall contain a statement that the facts and matters stated therein are true to the best of the knowledge, information and belief of the person making the affidavit. Chapter II Plant Varieties And Farmers' Rights Protection Authority ------------------------------------------------------------------------ ### 11. Manner of Selection and Appointment of the Chairperson . - [(1) These rules may be called the Protection of Plant Varieties and Farmers Right (Amendment) Rules, 2004. | | | | | --- | --- | --- | | (i) | An eminent scientist or an expert, having special knowledge and Professional experience in respect of the law relating to protection of plant varieties and plant varietal research or plant breeding, to be nominated by the Central Government in the Ministry of Agriculture | Chairman; | | (ii) | Secretary to the Government of India, Department of Agriculture and Cooperation | Member; | | (iii) | Secretary to the Government of India, Department of Agriculture Research and Education | Member; | | (iv) | Secretary to the Government of India, Department of Biotechnology | Member. | ] ### 12. Term of office of the Chairperson. - The Chairperson shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment: Provided that no Chairperson shall hold office for a total period exceeding ten years, or after he has attained the age of sixty-five years, whichever is earlier. ### 13. Salary, allowances, conditions of service, leave, pension, provident fund, etc., of the Chairperson. - The Chairperson shall be entitled to such salary, allowances, leave, pension, provident fund and other perquisites as are admissible to a Secretary to the Government of India. ### 14. Resignation or removal of the Chairperson from office in certain cases. - (1) The Chairperson may resign from his office by giving notice in writing to the Central Government. (2) The Central Government shall remove the Chairperson from office if he,- (a) is or at any time has been, adjudicated as an insolvent; (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (c) has become physically or mentally incapable of acting as the Chairperson; (d) has failed in discharging the duties and responsibilities under the Act and the rules made thereunder; (e) has acquired such financial or other interest as is likely to affect prejudicially his function as the Chairperson; (f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest; (g) any other substantiated ground which is unbecoming of a public servant under the Government of India: Provided that the chairperson shall not be removed under this sub-rule unless he has been given a reasonable opportunity of being heard in the matter. ### 15. Term and allowances of non-official members. - (1) Every non-official member of the Authority shall hold office for a period of three years from the date of his appointment. (2) The Central Government shall appoint new non-official member of the Authority within six months of the expiration of the term of the non-official member. (3) A non-official member shall be entitled to sitting allowance and travelling expenses, at such rate as may be fixed by the Central Government from time to time in this regard. ### 16. Proceedings of the Authority. - (1) The Authority shall meet at least twice in a year at the head quarters of the Authority or at such place as may be decided by the Chairperson. (2) The Chairperson shall, upon a written request of not less than five members of the Authority or upon a direction of the Central Government, call a special meeting of the Authority. (3) At least fifteen days' notice of an ordinary meeting and three days' notice of a special meeting specifying the purpose, the time and the place at which such meeting is to be held, shall be given to the members. (4) Every meeting shall be presided over by the Chairperson and in his absence, by a Presiding Officer to be chosen by the members present from amongst themselves. (5) The decision of the Authority shall be taken by a majority of the votes of the members present and voting and in the event of equality of votes, the Chairperson or in his absence, the member presiding over the meeting shall have a second or casting vote. (6) Every member shall have one vote. (7) The quorum for the meeting of the Authority shall be five [excluding Chairperson and Registrar - General]. (8) No member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten days' notice to the Member-Secretary unless the Chairperson, in his discretion, permits him to do so. (9) The notice of the meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairperson or the Member-Secretary may, in the circumstances of the case, think fit. ### 17. Chairman and proceedings of the Standing Committee. - (1) The Chairperson shall select a member of the Standing Committee appointed by him under sub-section (7) of section 3 from amongst the members of that Committee to preside over its meeting. (2) In the absence of the member selected under sub-rule (1), the meeting of the Standing Committee shall be presided over by the member who shall be elected by the members present at meeting from amongst themselves. (3) The decision in the meeting of the Standing Committee shall be taken by a majority of the members present and voting and in the event of equality of votes, the member selected under sub-rule (1) or in his absence, the member presiding over the meeting shall have a second or casting vote. (4) Every member shall have one vote. (5) The quorum for the meeting of the Standing Committee shall be three. (6) The convener of the Standing Committee may, in consultation with the Authority, determine the venue of its meetings any where in India; and serve notice of such meeting to all members at least fifteen days in advance. ### 18. Appointment of Expert Committee by the Authority. - (1) The Authority may appoint such experts or consultants as it considers necessary to seek guidance and assistance in technical areas demanding specialized advisory inputs, to enable the Authority for efficient discharge of its duties and functions. (2) The Authority may appoint such other committees as may be necessary for the efficient discharge of its duties and functions. (3) The Authority may, in consultation with the Central Government, fix the quantum of remuneration, payable to the experts and consultants. ### 19. Salary, allowances and conditions of service of the Registrar-General. - (1) The Registrar-General shall be an official equivalent to the rank of the Additional Secretary to the Government of India and he shall be appointed by the Authority on deputation or transfer or on contract basis. (2) The Registrar-General shall be governed by the Central Government rules in respect of his salary and other allowances including pension, leave, travelling and daily allowances as are admissible to an Additional Secretary to the Government of India. (3) The Registrar-General shall be a person having proven managerial, or legal or Intellectual Property Rights or agricultural development experience. (4) The term of office of the Registrar-General shall be a period of five years or until he attains the age of sixty years, whichever is earlier: Provided that no candidate who may not have at least two years tenure in the office shall be appointed as Registrar-General. [\* \* \*] ### 20. The method of appointment of officers and other employees of the Authority. - (1) The Authority may make recruitment and appointment to the posts of officers specified in the Fourth Schedule. (2) The Authority shall after advertising the posts in the Employment News and at least one national daily recruit officers and other employees of the Authority [\* \* \*] (3) [ Notwithstanding anything contained in sub-rule (1), the Authority may also appoint such other officers and employees as may be required by it on transfer on deputation or on contract basis with prior approval of the Central Government.] [Substituted by Notification No. G.S.R. 494(E) , dated 15th June, 2015 (w.e.f. 12.9.2003)] (4) The salary, allowances and other conditions of service of the officers and employees of the Authority shall be the same as applicable to Central Government servants of equivalent rank. (5) If any question on the service conditions of any officer or employee of the Authority arises, it shall be decided by the Central Government. ### 21. Powers and duties of the Chairperson. - (1) In addition to the duties specified in the Act, the Chairperson shall have powers of general superintendence and directions in the conduct and management of the affairs of the Authority, to enable the Authority in effectively discharging its duties and overseeing the compliance of the provisions of the Act, and the rules and regulations made thereunder. (2) The Chairperson shall also discharge such other duties and functions as the Authority may by general or special order in writing delegate to him or the Central Government may authorise him to discharge from time to time. (3) The Chairperson shall convene, preside over and conduct the meetings of the Authority and be responsible for carrying out all decisions taken by the Authority. (4) The Chairperson shall guide and facilitate the development of new plant varieties by protecting the rights of the breeders, researchers, farmers, and community of farmers as provided under the Act. (5) The Chairperson shall facilitate and act on his satisfaction for compulsory licensing of registered plant varieties and advise the Central and the State Governments on the restriction of public use of any such registered plant varieties which may invite action under sub-rule (4). ### 22. General functions of the Authority. - (1) The Authority shall advice the Central Government in relation to the provisions contained in the sub-section (2) of section 29 for specifying and notifying the genera and species for the purposes of registration of new plant varieties other than extant varieties and farmers' varieties. (2) [ The Authority shall register extant varieties under clause (a) of sub-section (2) of section 8 of section 8 of such genera or species and within such period as may be determined by it with suitable test criteria to conform distinctiveness, uniformity and stability (hereinafter referred to as DUS) of such genera or species shall be specified in the Plant variety Journal of India.] (2A) [ The Authority shall register extant varieties (other than farmers variety), if at the date of filing of the application for registration, such variety has not been sold or otherwise disposed of for the purposes of exploitation of such variety for a period of eighteen years in case of trees and vines and fifteen years in other cases.] [Inserted by Notification No. G.S.R. 494(E) , dated 15th June, 2015 (w.e.f. 12.9.2003).] (3) The Authority shall develop DUS test and other test criteria and conduct such tests for characterization of each variety of crop species notified by the Central Government. (4) The Authority shall compile and maintain a database on all varieties of common knowledge including all registered extant and farmers' varieties and such varieties being cultivated outside India for each crop species prior to grant for registration for new varieties belonging to such species. (5) The Authority shall be entitled to call for and procure the details of any crop variety under use in the country for the purpose of bringing the same into its database. (6) Any public or private institution, community or individual involved in the production and use of seed of such varieties shall be required to provide full information on its characteristics or and a true sample of seed of such variety. (7) The Authority shall keep a record of the production and sale of seed of all registered varieties. (8) It shall be necessary for all breeders of registered varieties to supply certified figures on annual seed production and sales to the Authority within a period not exceeding three months from the completion of such reporting period. (9) The Authority, if required shall also be entitled to call for such figures specifically relating to any region of the country. 22A. Order as to costs. - The Authority or the Registrar may make such orders as to costs as enumerated under the Fifth Schedule and as considered reasonable having regard to all the circumstanes of the case: Provided that the Authority or Registrar may, in its or his discretion award compensatory costs in any proceeding before it, which in its or his opinion is false or vexatious. ### [22B. Costs in uncontested opposition cases. - Where any opposition duly instituted under the rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceeding might hae been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed. ### 22C. Exception to rule 22B. - Notwithstanding anything in rule 22B, costs in respct of fees specified in Second Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event.] ### 23. Matters to be included in the National Register of Plant Varieties. - The National Register of Plant Varieties shall contain the following particulars of each registered variety, namely:- (1) Registration Number; (2) Nationality of Breeder(s); (3) Denomination as granted; (4) Date of Grant of Registration; (5) Date on which application was received; (6) Provisional number given to the application; (7) Date of Gazette notification; (8) Grouping of the plant variety (new, extant or farmers); (9) Classification of the variety (typical variety, hybrid variety or essentially derived variety); (10) Denomination of variety, Common Crop name to which the variety belongs, Taxonomical Lineage of the Crop in Botanical names; (11) Key Passport data of the variety; (12) Essential characters making the variety distinct; (13) Starting date of protection; (14) Expiry date of protection; (15) Date of revocation with other details (grounds etc.); (16) Name and address of the applicant(s); (17) Address for service of document(s); (18) Name and address of the breeder(s) (in case breeder is not the applicant); (19) Name and address of the legal representative (if applicable); (20) Name, address and other details of the licensee and terms of license (if applicable); (21) Name, address and other details of the agent with jurisdiction rights, if any (if appointed); (22) Type of crop; (23) Name of the family, genus, species, variety and common name; (24) Name and address of the breeder of initial variety (in case of essentially derived variety); (25) Details of the acquisition of propagating material/seeds (if applicable); (26) Details of parental material used in the development (if applicable); (27) Name and address of the contributor(s) of genetic material (if applicable); (28) Any other feature specified by the Authority or Registrar-General; (29) Country of origin of the plant variety; (30) Brief description of the variety alongwith characteristic details of the nearest variety including results of DUS testing, supplemented with the drawings or photographs or both; (31) In case of compulsory licensing, name and address of licensee with other details (terms and conditions, revocation, etc.), if applicable; (32) Declaration and details of the renunciation to the variety (if applicable); (33) Details of benefit sharing; (34) Details of opposition, revocation, restoration, maintenance (whatever applicable); (35) In the case of varieties protected outside India prior to registration in the country, following additional information shall be entered in the National Register of plant varieties namely:- (a) Name of the country(ies) where protection is made alongwith the denomination of the variety in each of them, (b) Date of first protection with country, (c) Variation in important trait with respect to first filing, (d) Country wherein the variety was first commercialized with date, (e) Any other feature specified by the Authority or Registrar-General; (36) In case of a convention application, the following information shall also be furnished, namely:- (a) Name of the convention country, (b) Passport date of the convention application, (c) Date of application, (d) Date of grant of registration, (e) Registration number, (f) Denomination as accepted, (g) Date of Gazette notification, (h) Starting date of protection, (i) Expiry date of protection, (j) Whether the variety has been sold or otherwise disposed of within and outside the country, if so, details thereof; (37) Any changes made in any entry. Chapter III Registration Of Plant Variety ---------------------------------------------- ### 24. [\* \* \*] [Inserted by Notification No. G.S.R. 901 (E) dated 17.12.2012 (w.e.f. 12.9.2003)] ### 25. Application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16. - An application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16 shall be made in Form PV-1, given in the First Schedule, by a person specified in sub-section (1) of that section. ### 26. The fee payable under clause (g) of sub-section (1) of section 18 for making application for registration of plant variety. - The fee for making application for registration of a plant variety under section 14 shall be such as specified in column (3) of the Second Schedule for the purpose. ### 27. Proof of the right of making application under sub-section (3) of section 18. - (1) Where an application for registration is made by the successor or assignee of the breeder under sub-section (3) of section 18, he shall furnish documentary proof, at the time of making such application or within six months of making such an application, as to the right to make such an application for registration. (2) The documentary proof, in case of an assignment, shall be furnished in the manner specified in Form PV-2, given in the First Schedule and in case of succession, or a succession certificate or any other document in support of succession proving the applicant to be the successor shall be furnished. ### 28. Fee for conducting tests under section 19. - The applicant shall deposit the requisite fee for the purpose as specified in column (3) of the Second Schedule, with the Registrar for conducting the required tests under section 19. ### 29. Manner and method for conducting tests under section 19. - (1) (a) The Authority shall charge separate fees for conducting DUS test and special test on each variety. (b) The special tests shall be conducted only when DUS testing fails to establish the requirement of distinctiveness. (c) [ The DUS testing shall be field and multi-location based for at least two similar crop seasons and special tests will be laboratory based: Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of three experts shall visit the On-farm test sites for two similar crop seasons as may be specified.] (d) The fee for DUS and special tests shall be such as provided in column (3) of the Second Schedule for the purpose. (2) If the Registrar, after initial scrutiny of the application for registration, is satisfied that the application is in order, he shall notify the applicant to deposit the requisite fee, as specified in column (3) of the Second Schedule, within a period of two months for conducting the DUS test. (3) On receipt of the fee, demanded under sub-rule (1), the Registrar shall consider the application for further processing. (4) [ The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and for varieties notified under section 5 of the Seeds Act, 1966 (54 of 1966). ### 4. (A) The DUS criteria shall be determined based on report of the All India Coordinated Research Project trials.] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [\* \* \*] [Omitted 'The manner of testing essentially derived varieties shall be decided by the Authority on a case-to-case basis.' by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] (6) The DUS test shall be conducted on a minimum of two locations. (7) The Authority may recognize and empanel institutions having adequate facilities for conducting DUS or special tests in the country for conducting such tests. (8) The Authority shall notify the adopted methods of conducting the DUS and special tests. (9) The Authority shall develop and publish in its journal guidelines for the DUS test for each crop. (10) The samples of seeds or propagules in respect of which an application for registration has been made and parental lines under registration submitted for the DUS and special tests and deposited at the National Gene Bank shall present the maintainable standards of genetic purity, and uniformity and germination, sanitary and phytosanitary standards. ### 30. Advertising of application for registration under section 21. - (1) Every application for registration of a variety which has been accepted and the details thereof including specifications shall, upon such acceptance under sub-section (1) of section 20, be advertised by the Registrar in the manner specified in Form O-1 of the Third Schedule. (2) [ Before sending a variety for DUS testing, the Registrar shall publish in the Journal for the purposes of inspection by any person, the name and location of the DUS test centre where such variety will undergo the DUS testing.] (3) The contents of such advertisement shall include- (a) name, passport data and source of parental line or initial variety used to develop the variety in respect of which an application for registration has been made; (b) description of the variety bringing out its character profile as specified under the DUS test Schedule; (c) essential characteristics conferring distinctiveness to the variety; (d) important agronomic and commercial attributes of the variety; (e) photographs or drawings, if any, of the variety submitted by the applicant; and (f) claim, if any, on the variety. ### 31. Notice of opposition under sub-section (2) of section 21. - (1) Any interested person, may within three months from the date of advertisement of an application for registration, may give a notice of opposition to the registration of a plant variety in Form PV-3 of the First Schedule. (2) The fee payable for filing an opposition referred to in sub-rule (1) shall be as specified in column (3) of the Second Schedule: Provided that no such fee shall be payable in respect of an opposition made by a farmer or group of farmers, or village community. (3) A copy each of the notice of opposition received against a specific application shall be referred to the applicant by the Registrar within three months from the last date of filing of opposition. (4) An applicant shall be entitled to submit point-wise counter statement to the opposition not later than two months from the date of service of the copy of the notice of opposition, [\* \* \*]. (5) Every counter-statement under sub-rule (4) shall be in Form PV-4 of the First Schedule. (6) The copies of counter to opposition submitted by the applicant within the time specified in sub-rule (4), shall be conveyed to the person opposing the application, within a period of thirty days of its receipt, requiring the opposing person to submit the final opposition within a period of thirty days from the date of service of the counter from the applicant. (7) The Registrar, may at his discretion, allow any correction of error or amendments in the notice of opposition or counter-statement if such alteration is requested by the persons concerned in writing. (8) (a) The security referred to in sub-section (8) of section 21 shall be payable as an amount decided by the Authority. (b) In case the opposition is found to be frivolous, the Registrar may direct payment of cost as determined by him to the applicant from out of the security amount received and the balance of the security amount shall be deposited in the Authority. (c) In case the opposition succeeds, the security amount shall be refunded to the opposition party. ### 32. [ Compliance with time schedule. - The time schedule provided under these rules for notice of opposition, final opposition, evidence, intervention, written statement and reply shall not ordinarily be extended except by special order of the Authority or Registrar given on an application filed by the person seeking extension of time and on payment of the fee specified in the Second Schedule and such an application for extension shall be in Form PV-5 of the First Schedule.] ### 33. Manner of submitting [\* \* \*] or producing evidences under section 21. (1) Any evidence, upon which the opponent may rely, shall be submitted in duplicate to the Registrar with a copy to the applicant within one month from the receipt of counter-statement of the applicant. (2) Any evidence upon which the applicant may rely shall be submitted in duplicate to the Registrar with a copy to the opponent within thirty days from the date of receipt of opponent's evidence. (3) No further evidence shall be submitted by either party except by leave or directions of the Registrar. (4) The copies of all the documents, except plant variety application, referred to in the notice of opposition or in any counter-statement filed in connection with the opposition shall be in triplicate unless the Registrar directs otherwise. (5) Where a document, is in a language other than English, and is referred to or relied upon in the notice, statement or evidence, an attested translation in English thereof shall be furnished in triplicate. [\* \* \*] [Omitted '(6) The time-limit for filing the evidence shall not ordinarily be extended except by a special order of the Registrar given on an application filed by the person seeking extension of time and on payment of the fee specified in the Second Schedule and such an application for extension shall be in Form PV-5 of the First Schedule.' by Notification No. G.S.R. 494(E), dated 15.6.2015 (w.e.f. 12.9.2003).] ### 34. Application for the registration of essentially derived variety under section 23. - (1) The application for registration of an essentially derived variety shall be accompanied by the following documents, namely:- (a) an affidavit sworn by the applicant stating that such a variety does not contain any gene or gene sequence involving terminator technology; (b) a statement giving details of the brief description of the characteristics of the variety to substantiate novelty, distinctiveness, uniformity and stability; and (c) the details of parental material used. (2) The application under sub-rule (1) shall be accompanied by the fee as specified for the purpose in column (3) of the Second Schedule. ### 35. Manner and method for conducting test under section 2. - [The manner of testing essentially derived varieties shall be decided by the Authority on a case-to-case basis and the same shall be published in the Plant Variety Journal of India.] ### 36. Certificate of registration under section 23. - The Registrar shall issue to the applicant a certificate of registration of an essentially derived variety in the manner specified in Form O-2 of the Third Schedule and send a copy of the registration to the Authority and to such other body(ies) as may be notified by the Central Government for information. 36A. Manner for arranging production and sale of seeds of registered variety under clause (e) of sub-section 2 of Section . - (1) The breeder of a registered variety of any person entitles to produce, market and sell the seeds of a registered variety under this Act shall:- [(a) provide the seeds or propagating material of the registered variety to the farmers in a timely manner, so as to satisfy their reasonable requirements; or (b) arrange for production, marketing and sale of seeds or propagating material of such registered variety to the farmers at a reasonable market price.] Chapter IV Registration And Benefit Sharing ------------------------------------------------ ### 37. Certificate of registration under section 24. - (1) The certificate of registration of a plant variety, other than an essentially derived variety, under sub-section (2) of section 24 shall be in Form O-2 of the Third Schedule. (2) The Registrar shall issue the certificate of registration under sub-section (2) of section 24 within three years of the date of filing of application subject to the fulfilment of all other requirements. (3) A copy of the certificate of registration issued under sub-section (2) of section 24 shall be sent to the Authority; and to such other body or agency, which the Central Government may, by notification in the Official Gazette specify. ### 38. Notice to the applicant under section 24. - (1) If, within a period of twelve months, the application for registration of a plant variety other than an essentially derived variety is not completed in the circumstances given in sub-section (3) of section 24, the Registrar shall issue thirty days notice to the applicant at the address of his principal place of business in India, or if, he has no principal place of business in India, at the address for service in India stated in the application, but if the applicant has authorised an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant for filing of the application or such further time as the Registrar may allow for completion of registration. (2) The notice under sub-rule (1) shall be in Form O-3 of the Third Schedule. ### 39. Renewal and revision of registration under section 24. - (1) (a) On receipt of an application from the applicant, the Authority may review and renew the initial duration of registration as mentioned in sub-section (6) of section 24. (b) Every application for review and renewal under sub-rule (1) shall be made in Form PV-6 of the First Schedule [be accompanied with fee as prescribed in the Second Schedule and filed during the period of six months] prior to the expiry of the initial period of registration. [\*\*\*] [Omitted '(c) ' by Notification No. G.S.R. 863(E), dated 20.11.2019.] [\*\*\*] [Omitted 'sub-rules (2) and (3)' by Notification No. G.S.R. 863(E), dated 20.11.2019.] (4) The Authority shall within such intervals as it thinks appropriate publish a list of varieties registered as well as renewed under the Act with the particulars of the period of registration, name and address of right holders periodically in its journal [\*\*\*] [Omitted 'and in the Official Gazette' by Notification No. G.S.R. 863(E) , dated 20.11.2019.] . ### 40. Publication of contents of the certificate inviting claims for benefit sharing under section 26. - Upon the issuance of the registration certificate under sub-section (8) of section 23, or sub-section (2) of section 24, the Authority shall, for the purpose of inviting claims for benefit sharing under the Act, shall advertise the following details of the registration certificate, namely:- (a) the registration number alongwith the date of grant, (b) the name and address of the applicant or breeder in whose name the certificate has been issued or registered, (c) denomination of the variety, (d) name of the family, genus, species, variety and common name, (e) parentage and geographical location of the variety, (f) the details of the distinguishing features or the characteristics, (g) in case of "essentially derived variety", the details of the "initial variety" from which the "essentially derived variety" is claimed to have been derived, (h) the name and address of the contributor, nature and amount of the contribution or the community knowledge used in the development of the plant variety, (i) the terms and conditions of the agreement, if any, entered into between the breeder and the contributor, (j) if the variety is sold or otherwise disposed of, details thereof. ### 41. Benefit sharing claim under section 26. - (1) Upon the publication of the particulars of a certificate under sub-section (1) of section 26, a person or group of persons or firm or a non-governmental organisation can make a claim under sub-section (2) of that section for benefit sharing in Form PV-7 of the First Schedule within a period of six months from the date of such publication: Provided that in special circumstances, the Authority may extend the time-limit beyond the period of six months. (2) The person or persons or firm or the non-governmental organisation, who has made an application for benefit sharing, shall provide the following information, namely:- (a) the contribution made by the person or the group of persons or firm or community or the non-governmental organisations to the genetic development of the plant variety; (b) the capacity in which the person or the group of persons or the non-governmental organisation is making the claim for benefit sharing; (c) in case of "essentially derived varieties", the terms and conditions in which authorisation has been given; (d) the commercial viability or the actual market performance of the variety so registered. (3) An applicant for benefit sharing shall pay the fee as specified for the purpose, in column (3) of the Second Schedule. ### 42. Opposition to a claim for benefit sharing under section 26. - (1) On receipt of a copy of the claim for benefit sharing, the registered breeder of the plant variety may accept the claim and accordingly intimate the same to the Authority within a period of three months from the date of such receipt. (2) In the eventuality of the plant breeder failing or defaulting to tender the intimation under sub-rule (1) within the period of three months, referred to in sub-rule (1) it shall be presumed that he has no opposition to such claim and the claim shall be decided accordingly. (3) If, within a period of three months of receipt of notice of claim, the breeder of the plant variety files his opposition to the claim for benefit sharing, such an opposition shall be taken into consideration while disposing or deciding the claim for benefit sharing. (4) Every notice of opposition, under sub-rule (3) shall be in Form PV-8 of the First Schedule. (5) The Authority, upon receiving the reply from the registered breeder, shall furnish a copy of such reply to the claimant for benefit sharing. (6) The registered breeder or the claimant to benefit sharing shall furnish supporting document and other evidence, which shall be duly considered by the Authority while disposing of any claim for benefit sharing. ### 43. Determination of benefit sharing under section 26. - The Authority shall, by order, determine the amount of benefit sharing to a variety according to clauses (a) and (b) of sub-section (5) of section 26 and taking into account the following criteria, namely:- (a) the contribution of the claimant in selecting, conserving and providing the genetic material, (b) the contribution of such genetic material in providing one or more traits which conferred high commercial value to the variety, and (c) the contribution of such genetic material to impart high combining ability to the parents of the hybrid variety relating to benefit sharing. ### 44. Reference for recovering benefit sharing under section 26. - In case of default or failure on the part of the breeder of the variety to deposit the amount of benefit sharing in the Gene Fund, as per the order of the Authority of section 26, required under sub-section (6) within a period of three months from the date of such order, the Registrar shall make a reference to the District Magistrate under sub-section (7) of section 26 in Form O-4 of the Third Schedule. ### 45. Application for registration of title of agent or licensee under section 28. - (1) An application under sub-section (4) of section 28 for registration as an agent or licensee, as the case may be, shall be made in Form PV-9 of the First Schedule. (2) The application for title by a licensee or an agent shall be accompanied by three attested copies of the agreement or instrument of entitlement or any other documentary evidence. (3) The proposed agent or licensee may also be required to produce such other documents and information as may be required by the Registrar in support of the proof of title. (4) The applicant under sub-section (4) of section 28 shall pay the fee as specified for the purpose in column (3) of the Second Schedule. ### 46. Reference of disputes of entitlement under section 28. - (1) While referring a dispute under sub-section (4) of section 28 to the Authority for determination the Registrar shall furnish all the relevant information related to dispute with three copies of all the documents and evidence available with his office. (2) On receipt of an order of the Authority in respect of the dispute, the Registrar shall furnish copies of the order to the persons involved for necessary compliance. ### 47. Certificate of registration of entitlement under section 28. - The certificate of registration to be issued to a registered licensee or an agent by the Registrar under sub-section (4) of section 28 shall be in Form O-5 of the Third Schedule. ### 48. Application and procedure for varying or cancelling terms of registration under section 28. - (1) An application under clauses (a), (b), (c), (d) or (e) of sub-section (9) of section 28 for variation or cancellation of the terms of registration of a registered breeder or his successor or any other person shall be in Form PV-10 of the First Schedule. (2) Every applications under sub-rule (1) shall be accompanied by a fee as specified for the purpose in column (3) of the Second Schedule. ### 49. Notice and proceedings under section 28. - (1) The Registrar shall issue notice of every application under sub-section (10) of section 28 in Form O-6 of the Third Schedule to the registered breeder or the agent or the licensee. (2) Any person to whom a notice has been issued under sub-rule (1) and who intends to oppose or intervene in any proceedings under section 28, shall, within three months of the receipt of such notice, give notice of opposition or intervention to the Registrar in Form PV-11 of the First Schedule. (3) On receipt of a notice of opposition or intervention the Registrar shall furnish a copy of it to the applicant. (4) The Registrar may accept or refuse the application or accept it subject to any condition, modification or limitation as directed by the Authority and shall inform the parties in writing accordingly. Chapter V Surrender And Revocation Of Certificate Of Registration And Rectification And Correction Of Register ------------------------------------------------------------------------------------------------------------------- ### 50. Surrender of certificate of registration under section 33. - The registered breeder may at any time, by giving notice to the Registrar offer to surrender his certificate of registration of plant variety in the Form PV-12 of the First Schedule, under sub-section (1) of section 33. ### 51. Procedure on application for surrender of certificate of registration under section 33. - (1) The Registrar shall give notice in Form O-7 of the Third Schedule, every notice of offer made under rule 50 to the registered agent or the licensee relating to such certificate. (2) (a) Any person who has been given a notice of surrender of certificate of registration under sub-rule (1) , who intends to oppose the surrender, shall within three month of the receipt of such notice, give notice of opposition to the Registrar in Form PV-13 of the First Schedule, and shall send therewith a written statement setting out the nature of the opponents' interest, the facts relied upon alongwith the notice of opposition. (b) The Registrar shall thereupon serve the notice of opposition alongwith the written statement received by him to the applicant. (3) If the applicant desires to contest the opposition, he shall file or leave at the appropriate office a reply statement setting out fully the grounds upon which the opposition is contested, within a period of three month from the date of receipt of the copy of the written statement by him under sub-rule (2) and deliver to the opponent a copy thereof. (4) The applicant or any person to whom a notice under sub-rule (1) has been issued may, make an application to the Registrar in Form PV-14 of the First Schedule, for seeking an opportunity of being heard. (5) On receipt of an application, under sub-rule (4), the Registrar may fix the time and place of hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of their case. (6) The Registrar may accept or refuse the application or accept it subject to any condition, amendments, modifications or limitations and shall, accordingly, inform the parties in writing. (7) If the Registrar accepts the registered breeder's offer of surrender of the plant variety, he shall by order direct the registered breeder to return the certificate of registration and on receipt of such certificate, the Registrar shall, by order, notify the surrender in the Official Gazette. ### 52. Application for revocation of protection granted to a breeder under section 34. - Any person may make an application to the Authority in Form PV-15 of the First Schedule, for revocation of protection granted to a breeder in respect of a variety on any of the grounds laid down under clauses (a) to (h) of section 34. ### 53. Procedure on application for revocation under rule 52. - (1) The Authority shall issue notice in Form O-8 of the Third Schedule, to the registered breeder of any application received by it under rule 52. (2) (a) In case the registered breeder intends to oppose the application for revocation of protection, he shall, within three months from the date of receipt of such notice, give notice of opposition to the Authority in Form PV-16 of the First Schedule, and shall send therewith a written statement, setting out the facts upon which he bases his case and the relief sought. (b) The Registrar shall serve the notice of opposition alongwith the written statement received by him to the applicant. (3) If the applicant desires to contest the opposition, he shall file or leave at the appropriate office, a reply setting out the grounds upon which the opposition is contested, within a period of three months from the date of receipt of the copy of the written statement by him under sub-rule (2) and deliver to the opponent a copy thereof. (4) (a) The applicant and the registered breeder may make an application to the [Journal] in Form PV-17 of the First Schedule, seeking an opportunity of being heard. (b) The [Journal] [Substituted 'Registrar' by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] may, on receipt of such application, fix such time and place for hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of his case. (c) The [Journal] [Substituted 'Registrar' by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] may, accept or refuse the application or accept it subject to any condition, amendments, modifications or limitations and shall, accordingly inform the parties in writing. (5) If the Authority accepts the application for revocation of the plant variety, it may direct, by order, the registered breeder to return the certificate of registration and on receipt of such a certificate, the Registrar shall by order notify the revocation of the plant variety in the [Journal] [Substituted 'Official Gazette' by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] . ### 54. Payment of annual fee for retention of registration under section 35. - The registered breeder, agent and licensee shall pay an annual fee for retention of registration at such rate as specified for the purpose in column (3) of the Second Schedule. ### 55. Application for cancellation or change of certificate of registration under section 36. - (1) Any person may make an application for changing the certificate of registration on the grounds laid down under sub-section (1) of section 36 to the Registrar. (2) Every application under sub-rule (1) shall be made in Form PV-18 of the First Schedule and shall be accompanied by a statement of the grounds on which it is made. ### 56. Procedure on application for cancellation or change of certificate of registration under section 36. - The Registrar may accept or refuse the application or accept it subject to any condition, amendment, modification or limitation as he may think fit to impose and shall inform the concerned parties in writing accordingly: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection. ### 57. Application to rectify the register under section 36. - Any person may make an application to the Registrar, in Form PV-19 of the First Schedule, stating the grounds on which it is made, for making, expunging or varying the entry on the grounds laid down under sub-section (2) of section 36. ### 58. Procedure on application to rectify the register under rule 57. - The Registrar may accept or refuse the application for making, expunging or varying the entry or accept it subject to any condition, amendment, modification or limitation as he may think fit to impose and shall inform the concerned parties in writing accordingly: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection. ### 59. Cancellation or change of registration or rectification of the register by the Registrar under section 36. - (1) The Registrar while exercising the powers under sub-section (4) of section 36 to cancel the registration, may make changes to the registration, or in case of rectification of the register, shall give notice in Form O-9 of the Third Schedule to the registered breeder, agent or licensee, if any, and to any other person who appears to the Registrar to have any interest in the plant variety, and shall state the grounds on which the Registrar intends to take any action. (2) If any person who has been given a notice under sub-rule (1) intends to oppose the action of the Registrar, he shall within three month from the date of the receipt of such notice, give the notice of opposition to the Registrar in Form PV-20 of the First Schedule, and shall send therewith a written statement setting out the facts upon which he bases his case and the relief sought for. (3) The Registrar after hearing the person to whom a notice under sub-rule (1) has been given may pass such order as he may think fit and shall, accordingly, inform the parties in writing. ### 60. Application for correction of register by the registered breeder under section 37. - An application for correction of the register may be made by the registered breeder of the plant variety to the Registrar under sub-section (1) of section 37 in Form PV-21 of the First Schedule, for making any change as laid down in clauses (a) to (c) of sub-section (1) of that section. ### 61. Procedure on application for correction of the register under rule 60. - The Registrar may accept or refuse the application made under rule 60 for correction of register or accept it subject to any condition, amendments, modifications or limitations as he may think fit and shall, accordingly, inform the parties in writing. ### 62. Application for correction of the register by the registered agent or licensee under section 3. - An application for correction of the Register may also be made by the registered agent or the licensee to the registrar under sub-section (2) of section 37 in Form PV-22 of the First Schedule on the grounds laid down in sub-section (2) of that section. ### 63. Procedure on application for correction of the register under rule 6. - (1) The Registrar shall issue notice of every application under rule 62 in Form O-10 of the Third Schedule, to the registered breeder. (2) The Registrar may accept or refuse the application or accept it subject to any condition, amendment, modification or limitation he may think fit and shall, accordingly, inform the parties in writing, provided that tests referred to in sub-section (3) of section 23 shall be conducted by the Authority in consultation with the Central Government: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection. ### 64. Alteration of denomination of a registered variety under section 3. - (1) An application, to delete any part or to add or to alter the denomination of a registered variety, under sub-section (1) of section 38, shall be made by the breeder to the Registrar in Form PV-23 of the First Schedule. (2) The Registrar may determine whether and subject to what conditions, if any, the amendments shall be allowed. (3) (a) The Registrar shall advertise the application for alteration in denomination in the Gazette or a journal or a daily newspaper and shall also advertise the nature of the proposed alteration in the denomination therein. (b) The Registrar shall issue notice to all the persons, who, in his opinion, may have an interest in the matter. ### 65. Procedure on application for alteration of denomination under rule 6. - (1) Any interested person may, within three months from the date of advertisement of an application for alteration in denomination of a registered variety, under sub-section (2) of section 38, give a notice of opposition to the proposed change in denomination of a registered variety in Form PV-24 of the First Schedule. (2) The Registrar shall serve a notice to the breeder about the opposition received for the proposed change in denomination and shall give an opportunity to both the parties of being heard, if so desired, before deciding the matter. (3) In the event of leave being granted for alteration of denomination, the denomination as so altered shall be advertised in Gazette or a journal or a daily newspaper in Form O-11 of the Third Schedule. Chapter VI Farmers' Rights ------------------------------- ### 66. Claim for compensation under section 3. - (1) Any farmer, group of farmers or the organisation of the farmers may make an application, under sub-section (2) of section 39, to the Authority to claim compensation. (2) Every application under sub-rule (1) shall be in Form PV-25 of the First Schedule. ### 67. Procedure on application for claim for compensation under rule 6. - (1) The Authority shall give notice to the registered breeder about the compensation claim received in respect of the registered variety. (2) After receiving a notice from the Authority under sub-rule (1), the registered breeder may, within three months from the date of receipt of such notice, file notice of opposition in Form PV-26 of the First Schedule. (3) In the eventuality of the breeder failing or defaulting to tender his opposition, within a period of three months, from the date of receipt of the notice for compensation, it shall be presumed that he has no opposition to such claim and accordingly such claim shall be decided. (4) The Authority shall, upon receiving opposition from the breeder give opportunity to both the parties of being heard and may direct the breeder to pay such compensation to the farmer, the group of farmers or the organisation of the farmers, as the case may be as it deems fit. ### 68. Issue of notice under section 4. - (1) On receiving the report from the centre notified under sub-section (1) of section 41, in respect of claims filed by a person or group of persons or governmental or non-governmental organisation, for compensation to the people of any village or local community for their contribution in the development of new variety, and if satisfied, the Authority may issue notice to the registered breeder or his assignee or registered agent in Form O-12 of the Third Schedule. (2) Upon receiving the notice from the Authority, the registered breeder or his assignee or registered agent may file objection to the claim for compensation within three months in Form PV-27 of the First Schedule. (3) The Authority, upon receiving objection from the registered breeder or his assignee or registered agent, shall give opportunity of being heard to both the parties and after deciding on the eligibility for and quantum of compensation shall, direct, the breeder to pay compensation to the person, the group of persons or governmental or non-governmental organisation which has made the claim under sub-section (1) of section 41 and deposit the requisite funds within a period of two months with the Gene Fund. ### 69. Manner of receiving benefit sharing under section 4. - The breeder of a variety or essentially derived variety shall deposit the amount of benefit sharing, as required under sub-section (6) of section 26, with the Gene Fund. ### 70. Manner of applying the Gene Fund under section 4. - (1) The Authority shall pay the amount of benefit sharing, compensation required for use of genetic material towards evolution of new and essentially derived variety, to meet expenditure incurred for conservation and sustainable use of genetic resources and for the framing of schemes related to benefit sharing. (2) The Gene Fund shall be applied for meeting the following purposes in accordance with the priority made hereunder:- (a) to support and reward farmers, community of farmers, particularly the tribal and rural communities engaged in conservation, improvement and preservation of genetic resources of economic plants and their wild relatives, particularly in areas identified as agro-biodiversity hot spots; (b) for capacity building on ex situ conservation at the level of the local body, particularly in regions identified as agro-biodiversity hot spots and for supporting in situ conservation; (c) on benefit sharing and compensation in accordance with sub-section (5) of section 26 and sub-section (3) of section 41; and (d) on transaction cost of administering the Gene Fund. Chapter VII Compulsory License ----------------------------------- ### 71. Compulsory licensing under section 4. - (1) Any interested person may, after the expiry of three years from the date of issuance of a certificate of registration of a variety make an application to the Authority, in the Form PV-28 of the First Schedule alongwith the fee specified under the Second Schedule under sub-section (1) of section 47 for grant of compulsory license. (2) The application for compulsory license under sub-section (1) shall- (a) specifies particulars of variety denomination, generic and specific name of the variety or varieties concerned, (b) contain the grounds for issue of compulsory license with supporting documents, and (c) be supported by- (i) qualification, technical and financial capabilities of the person making such request with evidence, (ii) particulars of the holder of the right to the variety, (iii) written evidence that the person, making such request, has exhausted all measures for voluntary license. (3) If after considering the application under sub-rule (1), the Authority is satisfied that a prima facie case has not been made for grant of compulsory license, it shall notify the applicant accordingly. (4) On receipt of an application for grant of compulsory license under sub-rule (1), the Authority shall serve notice to the breeder of such variety or his assignee or registered agent inviting his opposition within one month from the receipt of such notice. (5) On receiving a notice under sub-rule (4), the registered breeder or his assignee or registered agent may give notice of opposition in Form PV-29 of the First Schedule, which shall be supported by documentary proof to substantiate the ground or grounds of opposition. (6) If after giving an opportunity to both the parties of being heard, the Authority is satisfied that there is a need for the grant of compulsory license, he may order the breeder or his assignee or registered agent to license the variety on such terms of royalties and other remuneration as it may deem fit. ### 72. Manner of making material available under section 5. - The Authority shall make available to the licensee of such compulsory license, the reproductive material of the licensed variety from the Gene Bank or any other centre, including the initial breeder of such variety. ### 73. Revocation of compulsory license under section 5. - (1) (a) Any person in respect of compulsory license aggrieved may, under sub-section (1) of section 52, make an application in Form PV-30 of the First Schedule to the Authority, for revocation of compulsory license on any of the grounds specified in sub-section (1) of section 47 or section 52. (b) The application under sub-rule (1), shall be supported by evidence. (2) The Authority on its own motion or on receipt of the application from the aggrieved person under sub-rule (1), may give notice to the licensee. (3) The licensee may file an opposition to an application under sub-rules (1) or a proceeding under sub-rule (2), in Form PV-31 of First Schedule with the Authority. (4) The Authority shall after considering the opposition filed under sub-rule (3) and after giving an opportunity to the licensee of being heard passing an order of revocation or refuse to grant such order. Chapter VIII Finance, Accounts And Audit --------------------------------------------- ### 74. Financial and administrative powers of the Chairperson under section 6. - (1) The Chairperson shall exercise such financial and administrative powers over the functions of the Authority as are exercisable by a Head of Department under the General Financial Rules in accordance with the accounts and financial rules of the Government of India. (2) The Chairperson may, delegate such financial and administrative powers in writing as he may deem fit, to a member or any subordinate officer of the Authority not below the rank of a Registrar or equivalent subject to the condition that the member or officer so authorised shall, write exercise such delegated powers continue to be under the direction, control and supervision of the Chairperson. [74A. Form for preparing annual statement of account. - The form for preparing annual statement of accounts shall be as specified by the Comptorller and Auditor-General of India for Central autonomous bodies.] Chapter IX Miscellaneous ----------------------------- ### 75. Manner of authorising registered agent or registered licensee under section 8. - (1) A breeder of a variety or it's propagating material or essentially derived variety or it's propagating material registered under the Act, may make an application under section 81, in Form PV-32 of the First Schedule, for authorising the registered agent or registered licensee or his assignee to institute appropriate proceedings in any Court of law on his behalf. (2) Where any authorisation has been made under sub-rule (1), the service upon the agent of any document relating to any proceeding or matter under the Act or these rules shall be presumed to be a service upon the person so authorising him; and all communications directed to be made to a person in respect of any proceeding or matter may be addressed to such agent, and all appearances before the Authority relating thereto may be made by or through such agent. (3) Notwithstanding any thing contained in sub-rules (1) and (2), the Authority may, if it considers necessary, require the signature or presence of an applicant, opponent or party to such proceeding or matter. ### 76. [ Manner of issuing certified copy under section 83 and fee payable for obtaining a certified copy for inspection under section 84.] - Any interested person may, under section 84, make an application in Form PV-33 of the First Schedule, alongwith fee specified in the Second Schedule, to the Authority or Registrar for obtaining certified copies of any entry in the Register, certificates or extracts of plant variety application or other records maintained by the Authority and any document required in any proceedings under this Act and pending before such Authority or Registrar; and he may make a request in similar manner and for similar purpose to inspect such entry or document. FIRST SCHEDULE [See rule 3(1) ] FORMS | | | | | --- | --- | --- | | Form number | Sections and Rules | Title | | (1) | (2) | (3) | | PV 1 | Section 16(1) (e) and Rule 25 | Application for authorization. | | PV 2 | Section 18(3) and Rule 27(2) | Proof of Right to file Application | | PV 3 | Section 21(2) and Rule 31(1) | Notice of Opposition | | PV 4 | Section 21(4) and Rule 31(5) | Counter Statement | | PV 5 | Section 21 and Rule 33(6) | Request for Extension of Time | | PV 6 | Section 24(6) and Rule 39 | Renewal of Registration | | PV 7 | Section 26(2) and Rule 41 | Benefit Sharing Application | | PV 8 | Section 26(3) and Rule 42 | Notice of Opposition | | PV 9 | Section 28(4) and Rule 45 | Registration as an Agent or Licensee | | PV 10 | Section 28(9) and Rule 48 | Application for Variation/Cancellation of the term of Registration | | PV 11 | Section 28(10) and Rule 49 | Notice of Opposition against variation/cancellation of the term of Registration | | PV 12 | Section 33(1) and Rule 50 | Application to Surrender the Certificate of Registration of a Plant Variety | | PV 13 | Section 33(3) and Rule 51(2) | Notice of Opposition for offer to surrender the Certificate | | PV 14 | Section 33(4) and Rule 51(4) | Notice of Intention to attend Hearing | | PV 15 | Section 34 and Rule 52 | Application to Revoke Certificate of Registration | | PV 16 | Section 34 and Rule 53 | Notice of Opposition to application to Revoke Certificate of Registration | | PV 17 | Section 34 and Rule 53(4) | Application for an opportunity of being heard | | PV 18 | Section 36(1) and Rule 55 | Application for Cancellation or Change of the Certificate of Registration of a Plant Variety | | PV 19 | Section 36(2) and Rule 57 | Application for correction in National Plant Variety Register | | PV 20 | Section 36(4) and Rule 59 | Notice of Opposition for Application for correction in National Plant Variety Register | | PV 21 | Section 37(1) and Rule 60 | Application for correction in National Plant Variety Register by Owner/Breeder | | PV 22 | Section 37(2) and Rule 62 | Application for correction in National Plant Variety Register by Registered agent or Licensee | | PV 23 | Section 38(1) and Rule 64 | Application to alter Denomination of a Registered Plant Variety | | PV 24 | Section 38(2) and Rule 65 | Notice of Opposition to Application to alter Denomination of a Registered Plant Variety | | PV 25 | Section 39(2) and Rule 66 | Application for Claiming Compensation | | PV 26 | Section 39(2) and Rule 67(2) | Notice of Opposition to Application for Claiming Compensation | | PV 27 | Section 41(3) and Rule 68 | Notice of opposition to application for claiming compensation | | PV 28 | Section 47(1) and Rule 71(1) | Application for Grant of Compulsory Licence | | PV 29 | Section 47(3) and Rule 71(5) | Notice of Opposition to an application for Grant of Compulsory Licence | | PV 30 | Section 52(1) and Rule 73(1) | Application for Revocation of Compulsory Licence | | PV 31 | Section 53 and Rule 73(3) | Notice of Opposition for Application for Revocation of Compulsory Licence | | PV 32 | Section 81 and Rule 75(1) | Form of Authorization to Institute Suit | | PV 33 | Section 84 and Rule 76 | Request for Certified Copy | [Second Schedule] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] (See rule 8) Fee | | | | | | --- | --- | --- | --- | | Sl. No. | Fee payable on matters | Amount of fee | Form number | | (1) | (2) | (3) | (4) | | 1. | Conducting tests | (1) Depend on the nature and type of test subject to a maximum of Rs.2,00,000/- per entry | --- | | | | (2) For On-farm DUS testing, fee shall depend on the location of DUS test sites subject to a maximum of four times of the fee specified for item (1) | | | 2. | Notice of opposition | Rs.10,000/- | PV3 | | 3. | Counter statement | Rs. 2,000/- | PV4 | | 4. | Extension of time | Rs. 5,000/- per month | PV5 | | 5. | Fees for registration of essentially derived varieties | Individual-Rs.7,000/-Educational-Rs.10,000/-Commercial-Rs.50,000/- | --- | | 6. | Fees for registration of extant variety as notified under section 5 of the Seeds Act, 1966 (54 of 1966) | Rs.2,000/- | --- | | 7. | Fees for registration of any variety of the genera and species other than extant varieties and farmers’ varieties as specified in clause (a) of section 14 read with sub-section (2) of section 29 of the Act. | Individual-Rs.7,000/-Educational-Rs.10,000/-Commercial-Rs.50,000/- | --- | | 8. | Fees for registration of a variety about which there is common knowledge i.e., the extant variety as specified under clause (j) (iii) of section 2 of the Act. | Individual-Rs.7,000/-Educational-Rs.10,000/-Commercial-Rs.50,000/- | --- | | 9. [ [Substituted by Notification No. G.S.R. 863(E) , dated 20.11.2019.] | Renewal fee | Individual - Rs 10,000/-Educational- Rs 20,000/-Commercial - Rs 1,00,000/-One lump sumFarmers-Nil | PV-6] | | 10. | Application for benefit sharing | Rs.10,000/- | PV7 | | 11. | Notice of opposition for benefit sharing | Rs.5,000/- | PV8 | | 12. | Application for registering as agent/licensee | Rs.15,000/- | PV9 | | 13. | Application for variation/ cancellation of the terms of registration | Individual – Rs.3,000/-Educational – Rs.5,000/-Commercial - Rs.10,000/- | PV10 | | 14. | Notice of opposition to application for variation/ cancellation of terms of registration | Rs.5,000/- | PV11 | | 15. | Application of surrender of certificate of registration of plant variety | Rs. 5,000/- | PV 12 | | 16. | Notice of opposition for offer to surrender the certificate | Rs. 5,000/- | PV 13 | | 17. | Application to revoke certificate of registration | Rs. 20,000/- | PV 15 | | 18. | Notice of opposition to application to revoke certificate of registration | Rs. 5,000/- | PV 16 | | 19. | Application for cancellation or change of the certificate of registration of a plant variety | Rs. 10,000/- | PV 18 | | 20. | Application for correction in National Plant Variety Register | Rs. 10,000/- | PV 19 | | 21. | Notice of opposition for application for correction in National Plant Variety Register | Rs. 5,000/- | PV 20 | | 22. | Application for correction in National Plant Variety Register by owner/breeder | Rs. 10,000/- | PV 21 | | 23. | Application for correction in National Plant Variety Register by registered agent or licensee | Rs. 5,000/- | PV 22 | | 24. | Application to alter denomination of a registered plant variety | Rs. 20,000/- | PV 23 | | 25. | Notice of opposition to application to alter denomination of a registered plant variety | Rs. 10,000/- | PV 24 | | 26. | Notice of opposition to application for claiming compensation | Rs. 5,000/- | PV 26 | | 27. | Notice of opposition to application for claiming compensation | Rs. 5,000/- | PV 27 | | 28. | Application for grant of compulsory license | Rs. 25,000/- | PV 28 | | 29. | Notice of opposition to an application for grant of compulsory licence | Rs. 10,000/- | PV 29 | | 30. | Application for revocation of compulsory licence | Rs. 10,000/- | PV 30 | | 31. | Notice of opposition for application for revocation of compulsory licence | Rs. 5,000/- | PV 31 | | 32. | Request for inspection of entry in Plant Varieties Register under section 84 | Rs. 1000/- (per entry) | PV 33 | | 33. | Request for certified copies under section 84 | Rs. 500/- per page. | PV 33 | THIRD SCHEDULE [See rule 2(C) ] FORMS TO BE USED BY REGISTRAR AND THE CENTRAL GOVERNMENT | | | | | --- | --- | --- | | Form number | Sections and Rules | Title | | (1) | (2) | (3) | | 0-1 | Section 21(1) and Rule 30 | Form of Advertisement | | 0-2 | Sections 23(8) and 24(2) and Rules 36, 37 | Certificate of registration | | 0-3 | Section 24(3) and Rule 38 | Notice for non-completion of registration | | 0-4 | Section 26(7) and Rule 44 | Reference to District Magistrate for collection of benefit sharing amount | | 0-5 | Section 28(4) and Rule 47 | Certificate of registration as agent/licensee | | 0-6 | Section 28(10) and Rule 49 | Notice to breeder/agent/licensee | | O-7 | Section 33(2) and Rule 51 | To notify offer made for surrender of registered variety | | O-8 | Section 34 and Rule 53 | Notice of application for revocation of registered variety | | O-9 | Section 36(4) and Rule 59 | Change in National Register | | O-10 | Section 37(2) and Rule 63 | Correction in National Register | | O-11 | Section 38(2) and Rule 65(3) | Advertisement of Alteration in Denomination | | O-12 | Section 41(1) and Rule 68 | [Notice for compensation towards communities' rights.] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] | [Fourth Schedule] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [See rule 20(1) ] | | | | | | | --- | --- | --- | --- | --- | | Serial Number | Name of post. | Number of post. | Equivalent post under the Central Government. | Pay band or grade pay or pay scale. | | (1) | (2) | (3) | (4) | (5) | | 1. | Financial Advisor | 1 | Director | Pay band-4 (Rs. 37400-67000) with grade pay of Rs. 8700/-. | | 2. | Legal Advisor | 2 | Under Secretary | Pay band-3 (Rs. 15600-39100) with grade pay of Rs. 6600/-. | | 3. | Senior Accounts Officer | 1 | Under Secretary | Pay band-3 (Rs. 15600-39100) with grade pay of Rs. 6600/-. | | 4. | Plant Variety Examiner | 2 | Section Officer | Pay band-3 (Rs. 15600-39100) with grade pay of Rs. 5400/-. | | 5. | Senior Technical Officer | 5 | Assistant | Pay band-2 (Rs.9300-34800) with grade Pay of Rs. 4600/-. | | 6. | Technical Assistant | 1 | Technical Assistant | Pay band-2 (Rs. 9300-34800) with grade pay of Rs. 4200/-. | | 7. | Computer Assistant | 6 | Technical Assistant | Pay band-2 (Rs. 9300-34800) with grade pay of Rs. 4200/-. | | 8. | Executive Assistant | 2 | Technical Assistant | Pay band-2 (Rs. 9300-34800) with grade pay of Rs.4200/-. | THE FIFTH SCHEDULE Scale of costs allowable under section 11(b) in respect of proceedings before the Authority or the Registrar | | | | | --- | --- | --- | | Sl.No. | Matters in respect of which costs to be awarded | Amount | | 1. | For one day's hearing involving examination of witnesses | Rs. 1500 | | 2. | For one day's hearing when there is no examination of witnesses. | Rs. 750 | | 3. | For adjournment of hearing granted on the Petition of any party. | Rs. 2000 plus actual cost for petition for resummoning the other parties' witnesses who were due to be examined on the day. | | 4. | For striking out scandalous matter from an affidavit | Rs. 500 | | 5. | For (a) attendance of witnesses(b) Subsistence allowance(c) travelling allowance | Rs. 1000 (vide note below)The fare by rail or air or steamer for the first class or the second class each way and if there is no rail or steamer communication Rs. 15 or Rs. 10 per km. depending upon the rank and status of the witness :Provide that the rates of subsistence allowance for witness shall vary according to the status of the witness subject to the maximum prescribed". | FORM PV-1 (See rule 25) THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 AUTHORIZATION FORM I/We ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------- hereby authorise------------------------------------------------------------------------------------------------------------------------------ -------------------------------------------------------------------. to act on my/our behalf in connection with filing of new variety/essential derived variety/extant variety in respect of ..................................................................................... . and request that all notices, requisitions and communication relating thereto may be sent to such person(s) at the above address(es) unless otherwise specified. I/We hereby revoke all previous authorisation, if any made, in respect of same matter or proceeding. Dated this .............. day of.. ............ 20 ....... . ................................................ Signature(s) and name of person(s) making this authorisation along with the designation and/or official seal, if any. To, The Registrar The Plant Varieties Registry At. ...................................... . Note.-No Fee ### 1. Insert the Name(s) (in full), address(es) and nationality of the person(s) making this authorisation. ### 2. Insert Name(s) (in full), address(es) and nationality of the person(s) authorised. ### 3. Name (common/botanical) of the plant variety, and crop. FORM PV-2 [See rule 27(2) ] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 PROOF OF RIGHT TO MAKE APPLICATION I/We [-----------------------------------------------------------------------------------------] [Insert (in full) name, address and nationality] referred to in this application as claiming to be the breeder or plant variety right holder hereby declare that the applicant(s) who has/have signed this application is/are my/our assignee(s) or successor(s). I/We hereby enclose herewith the following documents as required under rule 27(2) :- ### 1. .......................................................................................... ### 2. .......................................................................................... ### 3. .......................................................................................... I/We hereby declare that the information given above is true and correct to the best of my/our knowledge and belief. Dated .......................... this ........................... day of ............ 20 ........... Signature...................................... Signatures of two witnesses along with their names and addresses :- ### 1. ### 2. I/We also hereby declare that the information given above are true to the best of my/our knowledge and belief. Dated .......................... this ........................... day of ............ 20 ........... Signature ....................................... Note.-Strike out whichever is inapplicable. To The Registrar The Plant Varieties Registry At. .................................... ### 1. ### 2. To be signed by the Breeder or true Plant Variety Right holder(s) . FORM PV-3 (See rule 31(1) ) THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 NOTICE OF OPPOSITION I/We [-----------------------------------------------------------------------------------------], hereby give notice of opposition to the application for registration of plant variety registration No. [..........................] [Registration number as adverstised.] ................ , published on .............................. for the following reason(s) :- ### 1. ............................ ............................................................ ### 2. ......................................................................................... ### 3. .......................................................................................... Dated this .......................... day of ........................... 20 .......... . Signature [.......................] [Signature of the person(s) filing notice of opposition] To, The Registrar Plant Varieties Registry At .......................................... FORM PV-4 [See rule 31(5) ] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 FORM OF COUNTER-STATEMENT In the matter of opposition to the application No .................................. for the registration of a plant variety having registration No .................................. , published on ............................ I/We [............................................] [Insert the name(s) (in full), addressees) and nationality of the person(s) making this authorisation] the applicant(s) for registration of the above plant variety hereby give notice that the following are the grounds on which I/we rely for my/our counter statement :- ### 1. ........................................................................................................ ### 2. ........................................................................................................................ ### 3. ............................................................................................................. I/We admit/disagree with the following claims/allegations/contentions in the notice of opposition .......................... All communications in relation to these proceedings may be sent to the following address in India :-[ ...........................................................................] [Insert Name(s) (in full), addressees) and nationality of the person(s) authorised] Dated this .......................... day of .......................... 20 ........ . [.............................................] [Signature of the applicant or his agent or assignee.] To The Registrar The Plant Varieties Registry At. ................................ [Form PV - 5] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [See rule 32] The Protection of Plant Varieties and Farmers' Right Act, 2001 Request for Extension of Time I/ We1 .......................................................... hereby request for extension of time for .......................... months under rule 32 for filing ......................................................... In respect of application No. ........................... The reason for making this application is/ are follows:- ### 1. .............................................................................................. ### 2. ................................................................................................ My/ address for service in India is as follows:- .................................................................................................................. Dated this .......................... day of .......................... 20 ......... Signature2 ....................... To The Authority The Plant Varieties Registry At .......................... ### 1. Insert the Name (in full), address and nationality of the Applicant. ### 2. To be signed by the Applicant(s) . FORM PV-6 [See rule 39(1) (b)] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 APPLICATION FOR RENEWAL OF REGISTRATION OF PLANT VARIETIES I/We [............................................] [Insert the full name with surname and adress of the applicants] apply for the renewal of the plant variety registration No ........................... dated ......................... in respect of the plant variety [...............................] [Name of the registered plant variety] , having denomination ......................... The notice of renewal of the registration may be sent to the following address in ·India :- Dated this .......................... day of ........................ 20 ........ . Signature [.......................................] [Signature of the applicant(s) .] To The Registrar The Plant Varieties Registry At ........................................ FORM PV-7 [See rule 41(1) ] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 APPLICATION FOR BENEFIT SHARING I/We [.....................................] [State full name and address as stated in the application for registration] hereby apply that my/our name(s) may be registered as person(s) entitled to benefit sharing in respect of the plant variety, registration No ......................... The grounds for my/our being entitled to benefit sharing are given below : ### 1. .............................................................................................. ### 2. ............................................................................................................................... The details of the plant variety in respect of which I/we am/are claiming benefit sharing are as follows :- [Plant variety, .................. of which the registration Number is ....................] [Name (common/botanical) of the plant variety and crop] And in proof of my/our entitlement to benefit sharing whereof I/we transmit the accompanying documents [...................................................] [Specify the particulars of such documents, giving its date, and parties to the same and showing how the claim made is substantiated] with a certified copy thereof. My/our address for service in India is [......................................] [State the name of the place of the appropriate office of the Plant Variety Registry.] Dated this ......................... day of ....................... 20 ........... Signature [......................................] [Signature of the Applicant or of his agent or assignee] To The Registrar The Plant Varieties Registry At.. ...................... . FORM PV-8 [See rule 42(4) ] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 NOTICE OF OPPOSITION TO AN APPLICATION FOR BENEFIT SHARING I/We [.........................................] [Insert the name (in full), address and nationality of the applicant] , hereby give notice of opposition to the Application for benefit sharing made by/on behalf of [.....................................] [The name(s) of the person(s) who has has failed benifit sharing application] and in respect of the registered plant variety ......................... , registration No .............................. dated ...................... The grounds on which the said application for benefit sharing is opposed are as follows:- ### 1. ............................................................................ .................. ### 2. ............................................................................................................................... ### 3. ......................................................................................................... In support of my/our opposition, I/we hereby enclose herewith copies of the following documehts :- ### 1. ................................................................... ......................... . ### 2. .......................................................................................... ................................... . ### 3. .............................................................................................................. My/our address of service in India is ............................. .................................... Dated this ............................day of......................... 20 .......... . Signature [..........................................] [To be signed by the Applicant(s) ] To The Registrar The Plant Varieties Registry At. ......................... FORM PV-9 [See rule 45(1) ] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 APPLICATION FOR REGISTRATION AS AN AGENT OR LICENSEE I/We [...................................] [Insert Name (in full), address and nationality of the persons entitled to benefit sharing] hereby apply for registration as an agent or licensee under sub-section (4) of section 28 of the Protection of Plant Varieties and Farmers' Rights Act, 2001. I/We hereby declare that I/we am/are an authorised agent or licensee in respect of the plant variety [........................................] [Denomination, variety, registration number and other details of the plant variety(ies) in respect of which benefit sharing is claimed] , registration No .................................. and that I/we am/are fully eligible to be a registered agent or licensee under section 28 of the Protection of Plant Varieties and Farmers' Rights Act, 2001 ( 53 of 2001 ) and the rules made therein. Given below are my/our particulars :- ### 1. Name in full beginning with surname (in capital letters) ........................................................ . ### 2. Address of the place of residence ........................................................................................... . ### 3. Father's Name .......................................................................................................................... ### 4. Nationality ............................................................................................................................... . ### 5. Date and place of birth ............................................................................................................. ### 6. Occupation in full ..................................................................................................................... ### 7. Principal place of business ........................................................................................... ### 8. Address of the branch office, if any ......................................................................................... ### 9. Documents enclosed:[ ### 1. ### 2. ] I/we also hereby declare that the information given above are true to the best of my/our knowledge and belief. Dated this ............................day of .......................... 20 .......... . Signature [.................................] [To be signed by the Applicant(s) or authorised licensee(s) or agent(s) or legal successor(s) or assignee(s)] To The Registrar The Plant Varieties Registry At .................................... FORM PV-10 (See rule 48) THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 Application For Varia Tion/cancella Tion Of The Terms Of Registration I/We [.....................................] [Insert Name (in full), address and nationality] hereby declare- ### 1. that I/We ...................................... is/ are registered breeder(s) /licensee/agent of the plant variety registration No ............................. , ### 2. that the registration of the plant variety was done by an order of the Registrar dated ........................ , ### 3. that the grounds for variation or cancellation of the terms of registration are as follows :- (a) ................................. (b) ................................ I/We hereby declare that the terms and conditions of the registration certificate may be cancelled/revised as follows :- I/We hereby declare that the facts and matter stated herein are true to the best of my/our knowledge, information and belief. Dated this .......................... day of ......................... 20 .......... Signature [......................................] [To be signed by the Breeder or true Plant Variety Rights Holder(s) ] To The Registrar The Plant Varieties Registry At ......................... . FORM PV-11 (See rule 49) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition To An Application For V Aria Tion Or Cancellation Of Registration I/We [..............................] [Insert name (in full), address and nationality] hereby give notice of opposition to the application for variation/cancellation of the terms of the plant variety registration No ............................... dated .....................for the plant variety ...................., having denomination ....................... The grounds on which the said application is opposed are as follows: ### 1. ### 2. ### 3. My/our address of service in India is ................................................... Dated this .......................... day of.. ....................... 20 ......... Signature................................ To The Registrar The Plant Varieties Registry At. ................................ FORM PV-12 (See rule 50) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application Of Offer To Surrender The Certificate Of Registration By The Registered Breeder Of The Plant Variety In the matter of plant variety ................................., of crop .............................. , having registration No ............................ registered in the name of ............................. application is hereby made by I/We [...................................] [Insert the name(s) of the person making this application] being the registered proprietor(s) or successor of the registered breeder of the above mentioned registered plant variety to surrender his certificate of registration in circumstances that are stated fully in the accompanying statement. All communications relating to this application may be sent at the following address [....................................................] [Address of the person making this application] Dated this .......................... day of ........................ 20.......... To The Registrar The Plant Varieties Registry At [..............................................] [State the name of the place of the appropriate office of the Plant Varieties Registry] FORM PV-13 [See rule 51(2) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition For Offer To Surrender Of Certificate Of Registration Of Plant Variety In the matter of application for offer to surrender of certificate of registration of plant varier .........................., of crop ......................... , having registration No ............................ I/We [..........................] [Name of the breeder or the successor of the plant variety making an application for surrender of plant variety] who is/are the registered agent or licensee [\*] [Name of. the opponent making this application] , hereby give notice of my intention to oppose the surrender of certificate, notice of which was received by me, dated the ........................... day of.. ....................... 20 .......... sent by the Registrar of Plant Variety. The written statement stating the facts and grounds of opposition are as follows :-- [..............................................................................] [Written statement setting out the nature of the opponent's interest, the facts upon which he bases his case and the relief, which he seeks. The opponent may furnish any documents upon which the opponent relies on as annexure to this notice of opposition] All communications in relation to these proceedings may be sent to the following address in India :- [.................................................................] [Name and address of his principal place of business or residence] Dated this .......................... day of ........................ 20 .......... Signature............................... To The Registrar of Plant Variety The Office of the Plant Varieties Registry At [.............................................] [State the name of the place of the appropriate office of the Plant Variety Registry] FORM PV-14 [See rule 51(4) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Intention To Attend Hearings In the matter of the application made under section [..................................] [Insert particulars such as section No., form No., and also the name of the applicant making an application for surrender] dated .......................... day of ............................ 20 ............... .I/We [.............................] [Insert name of the person making this notice] being the applicant or the opponent hereby making an application to the Registrar to provide an opportunity of being heard in reference to the above matter. It is requested that the time and place of the hearing be kindly intimated to me in the following address [.......................................] [Address of the person giving this notice] Dated this .......................... day of ......................... 20 ........... Signatures [..............................] [Signature of person giving the notice or of his agent] To The Registrar of Plant Variety The Office of the Plant Varieties Registry At [.....................................] [State the name of the place of the appropriate office of the Plant Variety Registry] [Form PV - 15] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [See rule 52] The Protection of Plant Varieties and Farmers' Right Act, 2001 Application for Revocation of the Certificate of Registration of the Plant Variety Registered under this Act by any Person In the matter of plant variety ........................................................ of crop ........................................................, having registration No. ....................................... registered in the name of ......................................................... Application of hereby made by1 .......................................................... being the ........................................................2 of the above mentioned registered plant variety for revocation of the certificate on one of the following grounds and in circumstances that are stand fully in the accompanying statement: • that the grant of certificate of registration has been based on incorrect information furnished by the applicant. • that the certificate of registration has been granted to a person who is not eligible for protection under this Act. • that the breeder did not provide the Registrar with such information, documents or materials as required for registration under this Act. • that the breeder has failed to provide an alternative denomination of the variety which is subject-matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act. • that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory license has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder. • that the breeder has not complied with the provisions of this Act or rules or regulations made there under. • that the breeder has failed to comply with the direction of the Authority issued under this Act. • that the grant of certificate of registration is not in the public interest. All the communications relating to this application may be sent at the following address:- ### 3. ........................................... Dated this ......................................................... day of........................................................ 20 Signature4 ......................................................... To The Authority The Plant Varieties Registry At5 .......................... ### 1. Insert the name of the applicant. ### 2. Nature of relationship of the applicant with the registered plaint variety. ### 3. Address of the applicant. ### 4. Signature of the applicant or his agent. ### 5. State the name of the place of the appropriate office of the Plant Varieties Registry. [Form PV - 16] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [See rule 53(2) ] The Protection of Plant Varieties and Farmers' Right Act, 2001 Notice of Opposition to oppose the Revocation of Certificate of Registration of Plant Variety In the matter of application for revocation of certificate of registration by .........................................................1 I/We2 ......................................................... who is the registered breeder, hereby give notice of my intention to oppose the revocation of certificate, of plant variety ..........................................................., of crop ........................................................., having registration No. ....................................................... notice of which was received by me, dated the ......................................................... day of ........................................................ 20 .......................................................... sent by the Registrar of plant variety. The written statement stating the facts and grounds of opposition are as follows:- ### 3. ....................................................... Dated this .......................... day of .......................... 20.............................. Signature5 ......................................................... To The Authority The Plant Varieties Registry At6 .......................... ### 1. Name of the person making an application for revocation of plant variety. ### 2. Name of the registered breeder. ### 3. Written statement setting out the nature of the opponent's interest, the facts upon which he bases his case and the relief, which he seeks. The opponent may furnish any documents upon which the opponent relies on as annexure to this notice of opposition. ### 4. Name and address of his principal of business or residence. ### 5. Signature of the person making this application for opposition or is agent. ### 6. State the name of the place of the appropriate office of the plant variety registry. [Form PV - 17] [Substituted by Notification No. G.S.R. 494(E) , dated 15.6.2015 (w.e.f. 12.9.2003).] [See rule 53(4) ] The Protection of Plant Varieties and Farmers' Rights Act, 2001 Application for an Opportunity of being heard In the matter of the application made under section1 ............................................ dated .......................... day of ....................... 20 ......................... I2 ............................. the applicant or the opponent hereby making an application to the Registrar to provide an opportunity of being heard in reference to the above matter. It is requested that the time and place of the hearing be kindly intimated to me in the following address ### 3. ....................................... Dated this ......................... day of....................20................. Signature4 ................................... To The Authority The Office of the Plant Varieties Registry At5 .................................... ### 1. Insert particulars such as section No., Form No. and also the name of the applicant making an application for revocation ### 2. Name of the person making this notice ### 3. Address of the person giving this notice ### 4. Signature of person giving the notice or of his agent ### 5. State the name of the place of the appropriate office of the Plant Variety Registry ### 6. Strike out whichever is not necessary. FORM PV-18 [See rule 55(2) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application By Any Person For Cancellation Or Change Of Any Terms Of Registration Of The Plant Variety Registered Under This Act In the matter of plant variety ................................, of crop .......................... having registration No .......................... registered in the name of.. ......................... application is hereby made by [...........................] [Insert the name of the person making this application] being the registered breeder or registered agent or registered licensee or any other persons of the abovementioned registered plant variety to cancel or change the terms of registration on any of the following grounds and in circumstances that are stated fully in the accompanying statement. ### 1. contravention of the provisions of the Act. ### 2. failure to observe a condition subject to which such registration certificate is issued. All communications relating to this application may be sent at the following address.............................................. Dated this ..........................day of........................ 20 .......... Signature [....................................................] [Signature of the person making this application or his agent] To The Registrar The Plant Varieties Registry At [...................................] [State the name of the place of the appropriate office of the Plant Varieties Registry] FORM PV-19 (See rule 57) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application By Any Person For Making, Expunging Or Varying The Entry In The Register Of Plant Variety In the matter of plant variety ......................................... , of crop ................................... , having registration No ................................. registered in the name of ...................................... application is hereby made by [..................................] [Insert the name of the person making this application] being the registered breeder or registered agent or registered licensee or any other person [\*\*] [Strike out whichever is not necessary] of the above mentioned registered plant variety for making, expunging or varying the entry in the register of plant variety on any of the following grounds and in circumstances that are stated fully in the accompanying statement. ### 1. absence or omission from the register of any entry. ### 2. entry made in the register with sufficient cause. ### 3. entry wrongly remaining in the register. All communications relating to this application may be sent at the following address [....................................................] [Address of the person making this application] Dated this .............................. day of ............................ 20 ........... Signature [..................................] [Signature of the person making this application or his agent] To The Registrar The Plant Varieties Registry At [........................................] [State the name of the place of the appropriate office of the Plant Varieties Registry] FORM PV-20 [See rule 59(2) ] The Protection Of Plant· Varieties And Farmers' Rights Act, 2001 Notice Of Opposition For Either Cancellation Or Change Of Certificate Of Registration Or Making, Expunging Or Varying The Entry In The Register Of Plant Variety By The Registrar In the matter of the notice received dated ............................................. for [..............................] [The intention of the Registrar for cancellation or change of certificate of registration or making, expunging or varying the entry in the register of plant variety] by the Registrar of plant variety bearing registration No ........................................................... of crop. I/we [.....................................] [Name of the person making this notice of opposition.] hereby give notice of my intention to oppose [.....................................] [Written statement setting out the nature of the opponent's interest, the facts upon which he bases his case and the relief, which he seeks. The opponent may furnish any documents upon which the opponent relies on as annexure to his notice of opposition.] The written statement stating the facts and the grounds of opposition are as follows [\*] [Written statement setting out the nature of the opponent's interest, the facts upon which he bases his case and the relief, which he seeks. The opponent may furnish any documents upon which the opponent relies on as annexure to his notice of opposition] :- All communications in relation to these proceedings may be sent to the following address [..............................................] [Address of the opponent] Dated this .............................. day of ............................20 ........... . Signature ............................ To The Registrar of Plant Variety The Office of the Plant Variety Registry At [..........................................] [State the name of the place of the appropriate office of the Plant Variety Registry.] FORM PV-21 (See rule 60) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application For Correction Of Register By The Registered Breeder In the matter of plant variety ......................................... , of crop .............................. , having registration No ................................ registered in my name i.e. ................................ application is hereby made by me for making correction to the register of plant variety on any of the following ground(s) : ### 1. Correct any error in the Register in the name, address or description of such breeder or any entry relating to such variety. ### 2. Enter in the Register any change in the name, address or description of such breeder. ### 3. Cancel the entry in the Register of the variety in respect of which such application is made; and may make any consequential amendments or alteration in the certificate of registration and for that purpose requires the certificate of registration to be produced to him. All communications relating to this application may be sent at the following address [.......................................................] [Address of the person making this application (registered breeder)] Dated this ...................... day of ..................... 20 ........... Signature [.............................................] [Signature of the registered breeder or its agent] To The Registrar The Plant Varieties Registry At [...................................] [State the name of the place of the appropriate office of the Plant Varieties Registry] FORM PV-22 (See rule 62) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application For Correction Of Register By The Registered Agent Or The Registered Licensee In the matter of plant variety .................................., of crop ............................., having registration No ........................., registered in the name of ............................. application is hereby made by [.......................................] [Insert the name of the person making this application] being the registered licensee/registered agent [\*\*] [Strike out whichever is not applicable] of the above-mentioned registered plant variety to make correction on any of the following grounds and in circumstances that are stated fully in the accompanying statement. ### 1. Correct any error. ### 2. Enter any change, in the name, address or description of the registered agent. ### 3. Enter any change, in the name, address or description of the registered licensee. All communications relating to this application may be sent at the following address [.................................................] [Address of the person making this application] Dated this .................... day of ........................ 20 ............. Signature [.......................................] [Signature of applicant] To The Registrar The Plant Varieties Registry At [.............................................] [State the name of the place of the appropriate office of the Plant Varieties Registry] FORM PV-23 (See rule 62) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Alteration Of Denomination I/We [.............................................] [Insert the Name(s) (in full), addressees) and Nationality of the breeder/his legal representative/assignee] hereby request to add/delete/alter the denomination of a registered variety ................................ of crop ......................., having registration No ........................., published on ....................... The existing denomination is .............................. The denomination when altered will appear as ..................... . All notices, requisitions and communication relating thereto may be sent to the following address :- Dated this ......................... day of ....................... 20 ........... Signature [.........................................] [Signature and Name of the person(s) , with official seal, if any, making this application] To The Registrar The Plant Varieties Registry At ................................................. FORM PV-24 [See rule 65(1) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition To The Alteration In Denomination I/We [.......................................] [Name, address and nationality of the person(s) filing notice of opposition] hereby give notice of opposition to the proposed change in the denomination of registered plant variety .......................... of the crop ...............................having registration No. [..................................] [Registration number as advertised] , published on .......................... for the following reason(s) :- ### 1. ............................................................................. . ### 2. .................................................................................................................... I/We enclose the following evidence(s) to substantiate my/our statement. Dated this ............................day of .......................... 20 ........... Signature [........................................] [Signature and Name, with official seal, if any, of the person(s) filing Notice of Opposition] To The Registrar The Plant Varieties Registry At .............................................. FORM PV-25 [See rule 66(2) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Application For Compensation I/We [....................................................................................] [Insert name (in full), address and nationality of persons making request for compensation] herby request that I/we may be Compensated in respect of the plant variety ................................... of the crop .........................., having registration No ............................... and denomination ............................., for failure of propagating material to perform as per stipulated expectation under given conditions. In support of my/our entitlement to compensation, I/we are enclosing the following evidence(s) :- ### 1. [ ................................................................................................ ### 2. ...............................................................................................................................................] [Specify the particulars of evidences showing how the claim made is substantiated] My/our Address for service is .................................................................................................................................................................... Dated this ............................ day of ......................... 20 .......... Signature [.......................................] [To be signed by the Applicant(s) along with the name(s), and official seal, if any] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-26 [See rule 67(2) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition To An Application For Compensation I/We [...................................................] [Insert the name (in full), address and nationality of the applicant] hereby give notice of opposition to the application for compensation made by/on behalf of [..........................................] [The Name(s) of the person(s) who has filed an application for compensation] in respect of the registered plant variety ............................. of crop ....................................... having registration No. .......................... dated .......................... The grounds on which the said application for compensation is opposed are as follows:- ### 1. ### 2. ### 3. In support of my/our opposition, I/we hereby enclose herewith certified copies of the following documents :- ### 1. ### 2. ### 3. My lour address of service in India is - Dated this ............................ day of .......................... 20 ........... Signature [.................................................] [To be signed by the Applicant(s) ] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-27 [See rule 68(2) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition To An Application For Compensation I/We [......................................] [Insert the name (in full), address and nationality of the applicant] hereby give notice of opposition to the application for compensation made by/on behalf of [................................................................] [The Name(s) of the person(s) who has failed an application for compensation] in respect of the registered plant variety ............................... ..... of crop ............................, having registration No .............................. dated ................................................. The grounds on which the said application for compensation is opposed are as follows :- ### 1. ............................................................................... ### 2. ....................................................................... .................... ### 3. ............................................................. In support of my / our opposition, I/we hereby enclose herewith certified copies of the following documents :- ### 1. .......................................................... ### 2. .......................................................... ### 3. .......................................................... My/our address of service in India is- Dated this ......................... day of ........................ 20 ......... Signature [......................................] [To be signed by the Applicant(s) ] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-28 [See rule 71(1) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Grant Of Compulsory Licence I/We [.....................................] [State the name (in full), address and nationality of the Applicant(s) ] hereby apply for the grant of compulsory licence for plant variety ........................, of crop ......................., having registration No. .........................., published on ....................... on the following grounds, namely:- ### 1. The reasonable requirements of the public for seeds or other propagating material of the variety have not been satisfied. ### 2. The seeds or propagating material of the variety not available to the public at reasonable price. The documentary evidence in support of my lour interest and the facts stated above and copies thereof are herewith enclosed :- ### 1. ................................................................................................... ### 2. ......................................................................................................................... ### 3. ........................................................................................................... I/We declare that the facts and matters stated herein are true to the best of my lour knowledge, information and belief. My Our address for service in India is- Dated this .......................... day of........................ 20 .......... Signature [............................................] [To be signed by applicant(s) or if the applicant(s) is/are absent from India by authorised patent agent] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-29 [See rule 71(6) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Notice Of Opposition To An Application For Compulsory Licence I/We [...............................................................................] [Insert the name (in full), address and nationality of the applicant] hereby give notice of opposition to the application for compulsory license made by/on behalf of [..................................................] [The Name(s) of the person(s) who has filed an application for compulsory license] in respect of the registered plant variety ...................... ...... of crop ........................., having registration No ............................... dated ........................ The grounds on which the said application for compensation is opposed are as follows :- ### 1. ........................................................................................................ ### 2. ................................................................................................................................... ### 3. ................................................................................................................ In support of my/our opposition, I/we hereby enclose herewith certified copies of the following documents :- ### 1. ........................................................................................................... ### 2. ................................................................................................................................... ### 3. ............................................................................................................... My lour address of service in India is- Dated this .......................... day of ......................... 20 .......... Signature [........................................] [To be signed by the Applicant(s) ] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-30 [See rule 73(1) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 AN APPLICATION FOR REVOCATION OF COMPULSORY LICENCE I/We [..................................................] [Insert the name (in full), address and nationality of the applicant] hereby request for revocation of compulsory licence granted to [...................................................................] [The Name(s) , address and nationality of the person(s), who has been granted compulsory license] in respect of plant variety ......................., of crop ........................., having registration No .............................., dated .........................., for the following reasons : ### 1. Violation of terms and conditions of compulsory licence. ### 2. Inappropriate to continue licence in public interest. The certified copies of all the documents are enclosed here with in support of my I our grounds for revocation. I We declare that the facts and matters stated herein are true to best of my lour knowledge, information and belief. My lOur address for service in India is- ................................................................................................................................................................................................................................ Dated this ....................... day of ........................ 20 ............ Signature [..................................................] [To be signed by the Applicant(s) ] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-31 [See rule 73(3) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 NOTICE OF OPPOSITION TO AN APPLICATION FOR REVOCATION I/We [....................................................] [Insert the name (in full), address and nationality of the applicant licensee] hereby give notice of opposition to the application for revocation for grant of compulsory license made by I on behalf of [................................................] [The Name(s) of the person(s) who has filed an application for revocation] in respect of the registered plant variety ......................... of crop ......................, having registration No. ............................. dated ......................... The grounds on which the said application for the revocation of grant of compulsory licence is opposed are as follows :- ### 1. ........................................................................................................ ### 2. ......................................................................................................................... ### 3. ....................................................................................................................... . In support of my lour opposition, I/we hereby enclose herewith certified copies of the following documents :- ### 1. ............................................................................................. ### 2. ........................................................................................................................ ### 3. ........................................................................................................ My/our address of service in India is- ............................................................................................................................................................................................................................................................ Dated this .......................... day of ........................ 20 ......... . Signature [............................................] [To be signed by the Applicant(s) ] To The Authority, The Protection of Plant Varieties and Farmers' Rights FORM PV-32 [See rule 75(1) ] The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Form Of Authorisation To Institute Suit In the matter of plant variety ................................................., of crop ..........................., having registration No ..........................., published on .........................., I/We [...................................] [Insert the Name (in full), address and nationality of the applicant] hereby authorise [...................................] [Insert the Name (in full), address and nationality of the registered agent/licensee] to act on my/our behalf in connection with ......................................... and request that all notices, requisitions and communications relating thereto may be sent to such agent/licensee at the above address. I/We hereby revoke all previous authorisations, if any made, in respect of the same matter or proceedings. Dated this .......................... day of ........................ 20 ........... [Signature .......................................] [To be signed by the applicant(s) ] (Name and official seal if any) To The Registrar The Plant Varieties Registry FORM PV-33 (See rule 76) The Protection Of Plant Varieties And Farmers' Rights Act, 2001 Request For Certified Copies Of Entries In The Plant Varieties Register Or For Inspection Of Such Entry In the matter of plant variety ...................................., of crop ..........................., having registration No ..........................., published on ........................., I/We [..................................] [Insert the Name (in full), address and nationality of the applicant.] hereby request you to furnish me/us with a certified copy of.. .............................................. and to send the certified copy on address given above. I/We hereby request you to allow me/us to inspect entries/document. .......................... in respect of the above plant variety. The purpose for which the certified copy of the entry(ies) /document is required is as follows :- ### 1. .............................................................................................. . ### 2. ............................................................................................................................... ### 3. ........................................................................................................ Dated this ......................... day of ........................ 20 ........... Signature [......................................] [Signature of the applicant] (Name and official seal if any) To (1) The Registrar The Plant Varieties Registry (2) The Authority Plant Varieties and Farmers' Rights Authority Signature [...................................................] [To be signed by the applicant(s) ] FORM O-1 (See rule 30) Government Of India, Plant Varieties Registry Advertisement Of Accepted Application For Registration Application No. [......................................] [Name (in full), address/service address (with registration number, if applicable) and nationality of the applicant] filed on ............................ by [........................] [Name (in full), address and nationality of the breeder (in case applicant in not the breeder)] or on behalf of Mr ............................................... for new plant variety/extant variety/ farmers, variety essentially derived variety ................................., of crop ..........................., having denomination ............................, the specification including its drawing and or photograph(s) of which are given below, has been accepted and given registration number ......................... on ........................ The convention application no ..................................., in respect of the said variety has been filed on ..........................., in [......................................] [Name of the convention country] Appropriate office for the opposition of proceeding under rule 29, of the Protection of Plant Varieties and Farmer's Rights, Rules, 2003 is [..................................] [Name of Office] FORM O-2 (See rules 36 and 37) Government Of India, Plant Variety Registry Certificate Of Registration Registration No ............................ of 20 ....... Whereas ......................... has declared that he has developed .................................. plant variety/essentially derived plant variety and that he is the true breeder thereof (or the legal representative or assignee 6f the true breeder) and that he is entitled to a plant variety right on the said variety, having regard to the provisions of the Protection of Plant Varieties and Farmer's Right Act, 2001 and that there is no objection to the registration of plant variety in favour of him. And whereas he has, by an application, requested that registration of plant variety/essentially derived plant variety may be allowed to him for the said plant Variety; And whereas he has, by and in his application, particularly described the various distinctive features and mentioned the denomination of the said plant variety; Now, these presents that the above said applicant (including his legal representatives and assignees or any of them) shall, subject to the provisions of the Protection of Plant Varieties and Farmers Rights Act, 2001 and the conditions specified in section 47 of the said Act, and to the conditions and provisions specified by any other law for the time being in force, have the exclusive right to produce, sell, market, distribute, import or export the variety for a term of ................................. years from the .............................. day of... ................... , 20 ........... and of authorising any other person to do so, subject to the conditions that the validity of this registration is not guaranteed and that the fee prescribed for the continuance of this registration are duly paid. In witness thereof, the Registrar has caused this registration to be sealed as of the .......................... day of ......................... 20 ........ ...................................... Seal and Signature of the Registrar, Plant Varieties Registry Date of Grant ........................ Note.-The fees for maintenance of this registration, if it is to be maintained, will fall due on ............................. day of .......................... and on the same day in every year thereafter. FORM O-3 (See rule 38) Government Of India, Plant Varieties Registry Notice Of Non-Completion Of Registration Application No ........................... dated ......................... Notice is hereby given under rule 38 of the Protection of Plant Varieties and Farmers Rights Rules, 2003 that the registration of the plant variety, in respect of which application was made on the .......................... day of ........................ 20 ........ , has not been completed by reason of default on the part of the applicant. The applicant is directed to complete the following requirement(s) within a period o( 30 days from the date of the receipt of this Notice- ### 3. ............................................................................................................................ ### 4. ........................................................................................................................................................ Unless all the above requirements are met within thirty days of the receipt of this notice, the application shall be treated as abandoned. Dated this .......................... day of ................. 20 ..... ............................................... Seal and Signature of the Registrar Plant Varieties Registry FORM O-4 (See rule 44) Government Of India, Protection Of Plant Varieties And Farmers Rights Authority Reference For Recovery Of Benefit Sharing Amount To ............................................... ............................................... Reference Case No ......................... Whereas ........................... has/have been asked vide Order dated .................................. to deposit an amount of Rs ............................ as Benefit sharing amount, determined by this Authority vide the same Order issued in respect of benefit sharing application No. .......................... , with the National Gene Fund under the provisions of section 26(6) . And whereas the said person(s} ................................................................... R/o .................................................... has/have defaulted or failed to deposit the said benefit sharing amount for the last ........................... and whereas the said person(s} reside(s}/ carries on his/their work at.. ...................... , which is within your jurisdiction. In view of the above-mentioned default on the part of the person (s} named herein, a reference is being made herein to your office to collect the above mentioned amount of benefit sharing as an arrear of land revenue under the provisions of the ........................... . The amount realised as an arrear of land, revenue, pursuant to this reference, is required to be deposited with the National Gene Fund established under the Protection of Plant Varieties and Farmers' Rights Act, 2001 within a period of three months after realisation of the said amount. Dated this ................ day of ................ 20 . ............................................... Signature with seal of the Authority FORM O-5 (See rule 47) Government Of India The Registrar Or Plant Varieties Certificate Of Registration Of Agent Or Licencee No ................................... This is to certify that Shri/Smt/Ms ............................ R/o ...................... has/have been registered as an agent/licensee in respect of plant variety(ies} ..................................., of crop ............... , registration No .................. on this .................. day of.. .............. 20. This Certificate shall, however, be subject to the terms and conditions stipulated in the contract in respect of the above mentioned registered plant variety(ies}. .................................... Seal and Signature of the Registrar Plant Varieties Registry FORM Q-6 (See rule 49) Government Of India, Plant Varieties Registry Notice Under Section 28 Notice No ................................... Application No ................. In respect of the plant varieties registration No ............. Whereas ................. has/have filed an application for variation/cancellation of the terms of the registration certificate No ................ in respect of the plant variety ................ of crop .........................., having denomination ................. In view of the above, you are hereby notified to file opposition to the said application(s} with necessary documents within a period of three months from the receipt of this notice, failing which the said application shall be disposed of accordingly. Dated this ................ day of ............... 20 . . ......................................... Seal and Signature or Registrar Plant Varieties Registry FORM O-7 [See rule 51(1) ] Notice Of The Offer To Surrender The Certificate Of Registration By The Breeder Of The Plant Variety Registered Under This Act Under Section 33(2) By The Registrar Registrar of Plant Variety hereby serves upon a notice to the registered agent and/ or registered licensee of the application received under section 33(1) . Copy of the application along with the accompanying statement received by the Registrar is annexed herewith. If any person notified hereby, intends to oppose the surrender of certificate of registration, shall within 3 months of the receipt of this notification may oppose in the prescribed manner. Dated this .................. day of ....................... 20........... To (3) The Registered Agent At:[\*] [Insert the name and address of the registered agent and/or the registered licensee.] (4) The Registered Licensee At:[\*] [Insert the name and address of the registered agent and/or the registered licensee] FORM O-8 [See rule 53 (1) ] Notice Of The Application For Revocation Of The Certificate Of Registration Of The Plant Variety Registered Under This Act By Any Person Under Section 34 Authority of Plant Variety hereby serves upon a notice to the registered breeder of the application received under section 34. Copy of the application along with the accompanying statement received by the Registrar is annexed herewith. If any person notified hereby, intends to oppose the revocation of certificate of registration, shall within 3 months of the receipt of this notification may oppose in the prescribed manner. Dated this ................. day of .............. 20 ...... [..............................................] [Signature of the Registrar of plant variety or the duly authorised person] To The Registered Breeder At :[\*] [Insert the name and address of the registered breeder and/or registered agent and/or the registered licensee] FORM O-9 [See rule 59(1) ] Notice Of The Registrar For Either Cancellation Or Change Of Certificate Of Registration Or Making, Expunging Or Varying The Entry In The Register Of Plant Variety In the matter of plant variety registration No ................................... of crop ................., registered in the name of....................... Notice is hereby served by the Registrar of Plant Variety in the event the Registrar intends to do the following change(s) or correction(s) and in circumstances that are stated fully in the accompanying statement. ### 1. cancellation the certificate of registration. ### 2. changing the certificate of registration. ### 3. making, expunging or varying the entry in the Register of Plant Variety. Dated this ................................ day of ............................ 20 ........... To D. Registered Breeder At:[\*] [Insert the name and address] E. Registered Agent At:[\*] [Insert the name and address] F. Registered Licensee At:[\*] [Insert the name and address] FORM O-10 [See rule 63(1) ] Notice Of Application For Correction Of Register By The Registered Agent Or The Registered Licensee Under Section 37(2) Registrar of Plant Variety hereby serves upon a notice to the registered breeder of the application received under section 37(2). Copy of the application along with the accompanying statement received by the Registrar is annexed herewith. Dated this .................... day of ................ 20 ...... To (A) The Registered Breeder At :[\*] [Insert the name and address] FORM O-11 (See rule 65) Government Of India, Plant Varieties Registry Alteration In Denomination Plant Variety ........................ of crop ......................... having registration No ................ dated ............................... Notice is hereby given that an application to alter the denomination of plant variety ............................. of crop ........................ having registration No .............................. dated ....................... was made by ........................................ on .................... The altered denomination as given below has been allowed. Dated this ......................day of ............... 20 ... ................................... Seal and Signature of the Authority Protection of Plant Varieties and Farmers' Rights Authority FORM O-12 Government Of India, Plant Varieties Registry Notice For Compensation Towards Communities' Rights Plant variety .......................of crop ....................... having Registration No .................. dated .................... Notice is hereby ,given that the claims. have .been, received from .................................................................. towards the contribution made by him/them, in the evolution .of the above plant variety. The breeder/his registered agent/legal representative/assignee is directed to file any objection to such claim(s) within three months from the date of this notice. He shall substantiate his objections to· the claims by providing authenticated evidences. He shall be given opportunity of being heard if so desired. Dated this ..................... day of ............... 20............... [Specify the particulars of such documents, giving its date and parties to the same and showing how the claim made is substantiated]
65ba07c5ab84c7eca86ea824
acts
State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Revised Building Rules, 2008 --------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Revised Building Rules, 2008 ============================================= Rule ANDHRA-PRADESH-REVISED-BUILDING-RULES-2008 of 2008 --------------------------------------------------------- * Published on 15 April 2008 * Commenced on 15 April 2008 Andhra Pradesh Revised Building Rules, 2008 Published vide Notification No. G.O.Ms.No. 302, Municipal Administration and Urban Development (Mi) , dated 15.4.2008 Last Updated 30th August, 2019 G.O.Ms.No. 302. - In exercise of the powers conferred under Section 585 of the Hyderabad Municipal Corporations Act, 1955; Section 18 of the Andhra Pradesh Municipal Corporations Act, 1994; and Section 58 of the Andhra Pradesh Urban Areas (Development) Act, 1975, the Government of Andhra Pradesh make the following Revised Building Rules 2008 in supersession of the rules issued in G.O.Ms.Nos. 423 M.A. & U.D. (Ml) Department, dated 31-07-1998 viz., ### 1. Short title, Applicability and Commencement. (a) These Rules may be called the Andhra Pradesh Revised Building Rules, 2008. (b) They shall apply to all building activities in the Municipal Corporation areas, the Urban Development Authority areas in the State other than Greater Hyderabad Municipal Corporation, Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal Corporation and Guntur Municipal Corporation, Hyderabad Urban Development Authority area (HUDA), Hyderabad Airport Development Authority area (HADA), Cyberabad Development Authority area (CDA), Visakhapatnam Urban Development Authority area (VUDA), and Vijayawada Guntur Tenali Mangalagiri Urban Development Authority areas (VGTMUDA). (c) These rules shall apply to all building activities. All existing rules, regulations, bylaws, orders relating to buildings that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules. (d) In case of Multiplex Complexes, the rules issued vide G.O.Ms.No. 486 MA&U.D (Ml) Department dated 07-07-2007 shall be applicable. ### 2. Definitions. - 1. In these rules, unless the context otherwise requires; (i) "Competent Authority" means: (a) The Vice - Chairman of Urban Development Authority in the case of Urban Development Authority areas; (b) The Director of Town and Country Planning, Andhra Pradesh in case of Municipal Corporations falling outside Urban Development Authority areas. (ii) "Enforcement Authority" means the Commissioner of the Municipal Corporation, the Commissioner of the Municipality or the Executive Authority of the Gram Panchayat or a SPecial Unit created for the purpose of sanctioning and monitoring building and development activity, as the case may be. (iii) "Height of building" means height measured from the abutting road and in case of undulated terrain height can be considered as average of the corresponding ground level or formation level of proposed site. (iv) "High-Rise building" means a building 18 meters or more in height. However, chimneys, cooling towers, boiler rooms/'lift machine rooms, cold storage and other non-working areas in case of industrial buildings and water tanks, and architectural features in respect of other buildings may be permitted as a non-High Rise building. Buildings less than 18m including stilt floor/parking floor stand excluded from the definition of highrise buildings. (v) "Parking Complex/Parking Lot" means a premises either built or open which is utilized purely for parking of vehicles and where parking fees is collected by the owner and permitted in specific areas. The minimum site shall be 300 square meters. (vi) "Sanctioning Authority" means the Vice-Chairman of Urban Development Authority Commissioner of the Municipal Corporation, the Commissioner of the Municipality or the Executive Authority of the Gram Panchayat or a Special Unit created for the purpose of sanctioning and monitoring building and development activity as the case may be. (vii) "Transferable Development Right" (TDR) means an award specifying the built up area an owner of a site or plot can sell or dispose or utilize elsewhere, whose site or plot is required to be set apart or affected for a community amenity or development for public purpose in the Master Plan/Statutory Plan or in road widening or covered in recreational use zone, etc. and applicable only after such lands are vested with the local body/ Urban Development Authority as the case may be. The award would be in the form of a TDR Certificate issued by the Competent Authority. ### 2. Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective rules/regulations/by-laws of the respective local authorities and as defined in the National Building Code as the case may be, unless the context otherwise requires. ### 3. Restriction on Minimum Building Plot Size along abutting roads in new development and layouts. - There shall be restriction on the minimum building plot size along the abutting roads in all new development areas and new layouts as follows: TABLE-I | | | | | --- | --- | --- | | Abutting road Right-of-way (in Mts.) | Minimum plot size allowed (in sq.m.) | Max. Plot size allowed (in sq.m) | | 9 and below 12.2 | 100 | 2000 | | 12.2 and below 18 | 200 | No Restriction | | 18 and below 30 | 250 | No Restriction | | 30 and above | 350 | No Restriction | • Road/Right-of-way means the total land width reserved for the road in the layout/Master Plan/Development Plan/Development Scheme whether the road is developed/formed or otherwise and includes the service road, if any, to be provided in the given Right-of-Way. • Further in all such new approved layouts, the minimum width of roads other than cul-de-sac shall be 12.2 m (40 ft). The above shall not be applicable to existing sites/plots. ### 4. Minimum Approach road requirement for sites in new areas/ layout areas. - 4.1. No site or parcel of land shall be used for building activity unless it has a clear and established approach road of minimum 9 m Black topped Road provided by the developer / builder/owner at his own cost or deposits the necessary cost for laying of the road by the sanctioning authority. 4.2 Access conditions and Requirements for plots/sites abutting Ring roads/High ways/Bypass Roads of 30 m and above identified in the Master/ Plan/Zonal Development Plan. - In addition to the requirement of conformation to the minimum plot size along the abutting roads, height and other requirements stipulated in these rules, buildings abutting major roads of 30 metres and above width shall be permitted only after black topped service road of 7 metres width with two lane carriageway is provided to the extent of the building in question within the defined Right-of-way. It shall be the responsibility of the developer/builder/ owner to provide the above service road of the standards fixed by the Sanctioning Authority at his own cost. For the purpose of height of proposed buildings, the total Right-of-way including the service road shall be reckoned as the road width. ### 5. Restrictions of building activity in vicinity of certain areas. (a) No building/development activity shall be allowed in the bed of water bodies like river, or nala, and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/shikam lands. (b) The above water bodies and courses shall be maintained as recreational/ Green buffer zone, and no building activity other than recreational use shall be carried out within: (i) The Coastal Regulation Zone (CRZ) restricted area in case of areas along the sea coast. (ii) 100 meters from the River edge outside Municipal Corporation/ Municipal limits and 50meters within Municipal Corporation/ Municipal limits. No permanent constructions/' structures will be permitted within the above-mentioned buffer zone. (iii) 30 meters from the boundary of Lakes of area 10 Ha and above. (iv) 9 meters from the boundary of lakes of area less than 10 Ha/ kuntas/skikam lands; (v) 9 meters from the boundaries of major Canal, Vagu, etc. (vi) 2 meters from the defined boundary of Nalas, Storm water drains, etc. The above shall be in addition to the mandatory setbacks. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a take/kunta shall be reckoned as measured or given in the Survey of India topographical maps/ irrigation Dept, records/Revenue records. The above buffer zone may be reckoned as part of the building setback. (c) Unless and otherwise specified in the Master Plan/Zonal Development Plan. • the space to be left in and around the major Canal/Vagu (including the actual Canal/Vagu bed width and alignment) shall be minimum 15 m. This may be developed as Greed Buffer/recreational and/or utilized for road of minimum 9 m width, wherever feasible. • In case of (b) (iii) above, in addition to development of recreational/ green belt along the foreshores of lake, a ring road or promenade of minimum 12 m may be developed, wherever feasible while in respect of foreshores of River drive road of minimum 18 metres may be developed in the said 30 metre buffer zone. • The above greenery/landscaping and development shall conform to the guidelines and provisions of the National Building Code of India, 2005. (d) For Building activity within the restricted zone near the airport or within 500 m distance from the boundary of Defence areas/Military establishments necessary clearance from the concerned Airport Authority/ Defence Authority/shall be obtained. For sites located within the Air Funnel zone, prior clearance from the Airport Authority shall be obtained. (e) In case of sites in vicinity of High Tension Electricity transmission lines besides taking other safety precautions, a minimum safety distance (both vertical and horizontal) of 3 m (10 ft.) shall be maintained between the buildings and the High Tension Electricity lines, and 1.5 m for Low Tension Electricity lines. (f) In case of sites in the vicinity of oil/ gas pipelines, clearance distance and other stipulations of the respective authority shall be complied with. (g) Distance shall be maintained between Railway boundary and building line in accordance with the Railway Manual. ### 6. Requirements of Approach Road for Building Sites/plots. TABLE-II | | | | --- | --- | | Type/ Use of Building plot permissible | Minimum abutting road width required (in meters) | | (A) Sites In Old/existing Built-Up Areas/congested Areas/settlement (Gram Khantam/ABADI) (as listed in Annexure I) | | | \* Residential Buildings - maximum permissible upto 10 meters height \* Non-residential buildings and mixed occupancies - maximum permissible up to 12 meters height | 6\* | | (B) Sites In New Areas/ Approved Layout Areas The type of buildings & intensity of development shall be w.r.t. the abutting road width, viz., | | B-1 | Non-High Rise Residential Buildings including Apartment Complexes; Buildings with shopping on GF and residences on upper floor; Basic level social amenities like Nursery School / Religious Place / Public Health Center / Dispensary / Diagnostic Laboratory/ Police outpost/Post Office/ Neighbourhood Library cum Community Center and all buildings up to 15 meters height | 9\* | | B-2 | In addition to B 1 above, High Rise Building/ Complex of height above 18 meters and up to 24 meters; Group Housing Scheme; Primary School, Middle school / Tutorial institution / General Industry / Godown / Petrol/diesel Filling station; High School, Junior College / Commercial Complex, Computer units/ Office Building, ITES Complex, Nursing Home / Community Hall / Function/Marriage Hall / Assembly Hall/Cinema Theater; Service establishment/ Workshop; Others not specified in the Table and all non high-rise buildings up to 18 meters height | 12 | | B-3 | In addition to B 1 & B 2 above, High Rise buildings above 24 meters and up to 30 meters height; General Degree and other non-professional College / Polytechnic, ITI; Professional College Campus; Multiplex Complexes, Shopping Malls, Hospitals and all non high-rise buildings up to 18 meters height | 18 | | B-4 | In addition to B 1 to B 3 above, High Rise Buildings above 30 meters height | 24 | Provided that in case of single plot sub-division approved by the sanctioning authority a means of access of minimum 3.6 m pathway may be considered for individual residential building and 6m for Apartment Complexes/Commercial Complexes and other non-high rise buildings. (i) Where the existing road is less than 6 m, building in the site would be allowed after setting back the building 4.5 m from the center line of such existing road and after leaving the front setback. (ii) In case of existing buildings approved prior to these Rules, further additions of floors on the earlier permitted building may be considered either as per these rules or the then rules in force in respect of setbacks, whichever is the applicant opts for. This will not apply for building extensions or redevelopment ventures in such sites. (iii) Building line is from the edge of the Road Right-of-way (whether existing or proposed) in individual plots where a plot abuts two or more roads, the setbacks along these abutting roads shall be as per the respective building line of the roads. (iv) All buildings shall be constructed in conformity with the zoning regulations. (v) The sites in old/existing built-up areas/congested areas/settlement (Gram Khantam/Abadi) mentioned in (A) above shall be as notified by the local bodies in consultation with the Competent Authority including areas prohibited for High-Rise Buildings. ### 7. Permissible Height and Setback Requirements. - There are no plot size stipulations based on use or occupancy of the building. However, the sites shall conform to the statutory Plan and zoning regulations for permitting the building activity. The setbacks and height stipulations given hereunder are applicable for all types of non-high rise buildings. 7.1 Minimum Setbacks and Height Stipulations for All Types of Non-High Rise Buildings. - (Buildings Below 18 m height inclusive of stilt/parking floor): (i) There are no specific Floor Area Ratio and plot coverage stipulations. The permissible coverage would be as per the minimum setbacks to be left within the given site. The minimum setbacks and permissible height would be as per Table III below. TABLE-III | | | | | | | | --- | --- | --- | --- | --- | --- | | SI. No | Plot Size (in sq.mts.) | Parking provision | Height permissible (in mts.) | Building line or minimum front setback (in mt.) to be left | Minimum setback/set backs on; remaining sides (in mts.) | | Up to 12m | Above 12m and up to 18m | Above 18m and up to 24m | Above 24m and up to 30m | Above 30m | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | | 1. | Less than 100 | - | 7 | 1.5 | 4 | 5 | 6 | 7.5 | - | | 2. | 100 & upon 200 | - | 10 | 2 | 4 | 5 | 6 | 7.5 | 1.0 | | 3. | Above 200 and up to 300 | Stilt parking floor allowed | Up to 7 | 2 | 4 | 5 | 6 | 7.5 | 1.0 | | Up to 10 | 3 | 4 | 5 | 6 | 7.5 | 1.5 | | 4. | Above 300 and Up to 400 | Stilt parking floor allowed | Up to 10 | 3 | 4 | 5 | 6 | 7.5 | 1.5 | | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 1.5 | | 5. | Above 400 and | Stilt parking floor allowed up to 500 | Up to 12 | 3 | 4 | 5 | 6 | 7.5 | 2.0 | | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 2.0 | | 6. | Above 500 and up to 750 | Stilt parking floor allowed | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 2.5 | | Up to 12 | 3 | 4 | 5 | 6 | 7.5 | 3.0 | | Below 15 | 3 | 4 | 5 | 6 | 7.5 | 3.5 | | 7. | Above 750 and up to 1000 | Stilt parking +One cellar floor allowed | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 3.0 | | Up to 12 | 3 | 4 | 5 | 6 | 7.5 | 3.5 | | Below 15 | 3 | 4 | 5 | 6 | 7.5 | 4.0 | | 8. | Above 1000 and up to 1500 | Stilt Parking + 2 Cellar floors allowed | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 3.5 | | Up to 12 | 3 | 4 | 5 | 6 | 7.5 | 4 | | Below 15 | 3 | 4 | 5 | 6 | 7.5 | 5 | | Below 18 | 3 | 4 | 5 | 6 | 7.5. | 6 | | 9. | Above 1500 and up to 2500 | Stilt parking 2 Cellar floors allowed | up to 7 | 3 | 4 | 5 | 6 | 7.5 | 4.0 | | Below 15 | 3 | 4 | 5 | 6 | 7.5 | 5.0 | | Below 18 | 3 | 4 | 5 | 6 | 7.5 | 6.0 | | 10. | Above 2500 | Stilt parking + maximum Three Cellar floors Permitted | Up to 7 | 3 | 4 | 5 | 6 | 7.5 | 5.0 | | Below 15 | 3 | 4 | 5 | 6 | 7.5 | 6.0 | | Below 18 | 3 | 4 | 5 | 6 | 7.5 | 7.0 | and shall be permissible subject to the following conditions: - (i) (a) Buildings of height above 15mts.and below 18m height (inclusive of parking floors) in SI.Nos. 8, 9and 10 of above Table, shall be permitted only in such plots which about roads of minimum 12mt. (40ft) width. (b) Stilt parking floor permissible is exclusive of height of building up to 15mts. Height of stilt floor shall not exceed 2.75 mt. In case of non-residential occupancies on sites below 750 sq m, for parking a semi-basement of 3 m height and with such height not exceeding 1.5m above ground level may be considered. In case of parking floors where mechanical system and lift are provided, height of such parking floor up to 4.0 mt. could be considered. (c) Wherever cellars/sub-basements are permissible, these are excluded from height of building. (d) No Balcony projections shall be allowed to extend on to the minimum setbacks. These if provided, shall be within minimum setback required to be left. However, a portico without access to the top may be considered in the front open space. (e) In case of SI.Nos. 4 to 10 of above Table, stepped type buildings or incremental type buildings may be allowed only in respect of individual residential or educational / institutional buildings and such incremental development would be considered only after a minimum time period of 5 years. (f) As per the provisions of the Andhra Pradesh Fire Service Act, 1999, Commercial buildings of height 15mts. And above, and buildings of public congregation like schools, Cinema theatres, function halls and other assembly buildings on plot area of 500 sq.mts and above or of height above 6mts. Are required to obtain prior clearance from Fire Department from fire safety point of view. (ii) For the purpose of these Rules, the following conversion from Meters-Kilograms-Second (M.K.S.) and Feet-Pound-Second (F.P.S.) system shall be reckoned: | | | | --- | --- | | (i) 3m = 10ft | (ii) 6m = 20ft | | (iii) 7.5m = 25ft | (iv) 9m = 30ft | | (v) 12m = 40ft | (vi) 15m = 50ft | | (vii) 18m = 60ft | (viii) 24m = 80ft | | (ix) 30m = 100ft | (x) 45m = 150ft | | (xi) 60m = 200ft. | | (ii) The setbacks are to be provided after leaving the affected area of the plot/ site, if any, for road widening. In respect of owners who surrender land affected in road widening free of cost under would be eligible for concessions in setbacks under G.O.Ms.No. 33 MA, dated 03-02-2001 and instructions issued by the Government in this regard from time to time. (iii) Building line is from the edge of the road Right-of-way ('whether existing or proposed). (iv) Where the lighting and ventilation of a building is through the means of a chowk or inner courtyard or interior open space/duct, such open space shall be open to sky and of area at least 9.0 sq.m. and no side shall be less than 1.5m in case of buildings of height up to 12m and in case of buildings of height above 12m no side shall be less than 2 meters. (v) A strip of at least 1.0 m greenery/ lawn along the frontage of the site within the front setback shall be compulsorily developed and maintained with greenery and trees. (vi) For plots above 200 sq.m. in addition to (v) above, a minimum 1 metre wide continuous green planting strip in the periphery on remaining sides are required to be developed and maintained as greenery and trees within the setback. Rain water harvesting structures shall be provided in the prescribed manner within the setbacks. (vii) For all residential/institutional/ industrial plots above 750 sq.m. in addition to (vi) and (vii) above, 5% of the site area has to be developed as tot lot/and scaped area and trees planted and maintained. Such organized open space could be in more than one location, shall be open to sky and shall be of a minimum width of 3.0mts. (viii) To enhance the street scape in respect of 18m and above roads, no front compound wall is recommended along the front setback. Only iron grill or low height green hedge and / or with sloping type planters is recommended along such roads. (ix) in all plots 750 sq.m. and above, provision shall be made for earmarking an area of 6 sq.m. for the purpose of siting of public utilities like distribution transformer, etc. within the owner's site and located in a corner splay of setback, subject to mandated public safety requirements, ensuring turning radius for vehicles etc. (x) if the above greenery mentioned at (iv) to (vii) above and Rule 9.9 are not provided and maintained and rain water harvesting structures are not provided, 10% of additional Property tax every year would be imposed as penalty by the sanctioning authority till the said condition is fulfilled. (xi) In case of plots 300 sq.m. and up to 750sq.mt,.it, it is permitted to transfer up to one metre of setback from one side to any other side, and in case of plots above 750 sq.m., it is permitted to transfer up to 2 metres of setback, which needs to be uniform at any given point., subject to maintaining of minimum building line in the front. (xii) In case of corner plots or plots abutting two or more roads, the front setback shall be as per the building line for the respective abutting road width. (xiii) For narrow plots, where the length is 4 times the width of the plot, the setbacks on sides may be compensated in front and rear setbacks so as to ensure that the overall aggregate setbacks are maintained in the site, subject to maintaining a minimum of 1 metre on each side. (xiv) The space between 2 blocks shall be as given Table-V. (xv) The height of the building will be calculated after excluding the parking floors for the purpose of computation of minimum setbacks to be left. (xvi) Where all the owners of sites along an abutting road come forward for widening of the road by undertaking preparation of a Road Development Plan which would improve circulation in the area and duly approved by the competent authority, and by leaving the area affected in the widening of such road free of cost and implement it within one year, then higher height of the corresponding widened road width would be considered for such sites. (xvii) In case of plots up to 200 sq.m. semidetached houses with common wall and height up to 10 m would be permissible with building line as given in above Table and 1 metre setback on remaining sides. (xviii) Splay at road junctions, including Y-junctions shall be provided as follows: • 3.0 m x 3.0 m offset/splay if the width of the road is 12m or less; • 4.5 m x 4.5 m offset/splay if the width of the road is above 12 m and up 24 m in width; • 6.0 m x 6.0 m offset/splay if the width of the road is above 24 and in case of road junctions of different widths, a combination of the above as the case may be shall be ensured. The area of such splay would be deemed to form part of the road junction. No compound wall or any structure shall be allowed to be constructed in the said splay area. 7.2 Other Requirements for Buildings above 10 m Height. - (a) Provision of Joint Open Space in Certain Cases With a view to facilitating fire and emergency operations in a building site and adjoining site, in addition to the minimum setbacks required to be left, the Fire Service Department may insist on the owner for providing Joint Open Space between the proposed site and adjoining sites for mutual use during fire and emergencies. The Joint open Space shall be reckoned from building edge to building edge (inclusive of any type of projections). Such Joint open space shall not be less than 6mt. in respect of non-high rise buildings on plots 750 sq metres and above, and not less than 9mt. in respect of high-rise buildings. Such Joint open space shall be kept unobstructed and open to sky and no permanent compound wall of masonry or civil construction would be allowed. The compound wall, if any, shall be of fencing type or collapsible type. The greenery and landscaping shall be of soft type with lawns grass, creepers and cumbers and shrubs variety of plants and mountable in case of emergencies. The Joint open spaces shall be maintained to the satisfaction of the Fire Service Department. Clearance would be considered only after the Builder/Developer/Owners provide an undertaking to this effect. (b) The building requirements and standards other than heights and setbacks specified in the National Building Code of India, 2005 shall be complied with: (c) Such buildings shall be undertaken by owners by engaging registered architects/licensed builders/ developers and licensed structural engineers. The designs and building plans shall be countersigned by the owner, licensed developer, registered architect, licensed engineer and a qualified and licensed structural Engineer who shall be responsible for the supervision, structural safety, earthquake safety, fire safety and specifications compliance of such buildings. Buildings shall be designed for compliance with earth quake resistance and resisting other natural hazards. The Completion Certificate shall mention that the norms have been followed in the design and construction of buildings for making the buildings resistant to earthquake and natural hazards, compliance with structural safety and fire safety requirements. (d) The work of the building services like sanitation, plumbing, fire and life safety requirements, lifts, electrical installations, and other utility services shall be executed under the planning, design and supervision of qualified and competent technical personnel. (e) Compliance of the parking requirements shall be as given in these rules. The parking facilities and vehicles driveways etc. shall be maintained to the satisfaction of the sanctioning Authority. (f) The applicant/builder/developer may provide for solar water heating system in the building and solar lighting in the site for outdoor lighting within the site. (g) All Pubic and semi-public buildings / Assembly buildings/Commercial complexes and such other public congregation buildings with covered are above 300 sq.m shall be designed and constructed to provide facilities to the physically handicapped persons as prescribed in the National Building Code of India, 2005. (h) In all buildings irrespective of above height provisions, the requirements of parts of the building like size and area requirements of habitable rooms, kitchen, bathrooms and Water closets, other areas, corridor and staircase widths, service ducts, etc. shall conform to the provisions of the National Building Code of India, 2005. (i) All environmental aspects like provision of Rain Water harvesting structures, greenery, solar heating and lighting systems and provisions of the Andhra Pradesh Water, Land and Trees Act 2002 shall be complied in such of the sites and Schemes where these are applicable. ### 8. Encouragement for Buildings with central Courtyards. - As an encouragement for developing 'U' type buildings (under non-residential category only) with central courtyards, the setbacks of sides and rear, except the front setback, can be reduced provided: (a) the area so saved is transferred to the central area/space or court yard; (b) the minimum open space on sides and rear except front, shall be • 1.5 m for building height up to 12 m, • 2.0 m for building height up to 15 m, • 3.0 m for building height up to 18 m, • 6 m in case of high rise buildings 21m height and buildings coming under purview of A.P. Fire Act. • and 7 m in respect of buildings 2 lm - 30 m height. Such high rise buildings and buildings coming under purview of A.P. Fire Act need to obtain prior clearance from the Fire Services Department. (c) the depth of such courtyard shall be at least 50% of the average building depth. ### 9. Requirements for High Rise Buildings. - 9.1. High Rise buildings/Complexes shall not be allowed in Congested areas/ existing areas and settlement areas/ Abadi/Grarr khantam areas: 9.2 The minimum size of plot for High Rise building shall be 2000 sq.m. 9.3 In respect of sites proposed for high rise buildings and affected in road widening where there is shortfall of the net plot size, up to 10% of such shortfall in net plot area would be considered with the proposed height and corresponding minimum all round setbacks. 9.4 The building bulk, coverage and height shall be governed by the minimum around setbacks to be left, the organized open spaces to be left and the height restrictions imposed by the Airport authority (if applicable) Defence authorities (if applicable) and Fire Services Department and the City-level impact fee on built up area required to be paid, as applicable. 9.5 Prior Clearance From Fire Dept, and Airport Authority: - For any High Rise building located in vicinity of airports as given in the National Building Code, the maximum height of such building shall be decided in consultation with the Airport Authority and shall be regulated by their rules/ requirements. Interstitial sites in the area which are away from the direction of the Airport Funnel zone and already permitted with heights cleared by the Airport Authority, shall be permitted without referring such cases to the Airport Authority. 9.6 Every application to construct or reconstruct a High Rise building or alteration to existing High Rise building shall be made in the prescribed form and accompanied by detail plans floor plans of all floors along with complete set of structural drawings and detail specifications duly certified by a qualified structural engineer. Necessary prior NOC shall be submitted from the Airport Authority (if applicable) and Directorate of Fire services, along with the application. 9.7 The minimum abutting road width and all round open space for High rise Building/Complex shall be as follows: TABLE IV | | | | | --- | --- | --- | | Height of building | Minimum abutting road width required (in metres) | Minimum road open space on remaining sides (in metres)\* | | (1) | (2) | (3) | | Up to 21 mt. | 12.2 | 7 | | Above 21 mt. & up to 24mt. | 12.2 | 8 | | Above 24 m & up to 27m | 18 | 9 | | Above 27 m & up to 30m | 18 | 10 | | Above 30 m & up to 35m | 24 | 11 | | Above 35 m & up to 40m | 24 | 12 | • For heights above 40 m, specific approval from the Government shall be required; • The front open space shall be on the basis on the abutting road width and shall be either as given in shall be either as given in Col. 3 of above Table IV or the Building line given Table III whichever is more; An shall be permissible subject to the following conditions: (i) The abutting road has to be black-topped with minimum 2-lane carriageway. Service roads where required as per these Rules, shall be minimum 7 m wide with minimum 2-lane black toped carriageway. (ii) For upper floors from 2nd floor onwards, balcony projection of up to 2 m may be allowed projecting onto the open spaces. (iii) The open space to be left between two blocks shall be equivalent to the open space mentioned in Column (3) of above Table IV. (iv) It is permitted to transfer up to two metres of setback from one side to the other side, which needs to be uniform at any given point, subject to maintaining of minimum setback of 7 m on all sides. (v) where the lighting and ventilation of a building is through the means of a chowk or inner courtyard or interior open space/duct, such open space shall be open to sky and of area at least 25 sq.m. and no side shall be less than 3 m. 9.8 Tower And Podium Type High Rise Structure May Be Allowed With The Following: - (a) For podium, i.e. Ground plus first floor; alround setbacks shall be 7 m alround. (b) For the Tower block: The maximum permissible coverage and minimum alround setbacks shall be 50% of the Podium Block, and shall be at least 3m from the Podium edge. (c) The fire safety and fire escape measures for the Tower Block shall be independent of the Podium Block. 9.9 "Stepped Type" or "Pyramidal Type" High Rise Structure. - Such type of high rise building may be allowed with the following open space requirements: | | | | | --- | --- | --- | | (a) At ground level | : | Minimum 9 metres alround open space for the first five floors | | (b) At upper floors | : | increase of 1 metre alround open space or more, for every 5 upper floors of 15 m height or part thereof, over and above the ground level open space of minimum 9 metres. | 9.10 Provision of greenery. - (a) in every high rise building site, an organized open space which shall be utilized as greenery, tot lot or soft landscaping, etc. shall be provided over and above the mandatory open spaces to be left in and around the building. This space shall be at least 10% of total site area and shall be a minimum width of 3mts. This may be in one or more pockets and shall be open to sky. (b) In addition to the above, a minimum 2 metres wide green planting strip in the periphery on all sides within the setbacks are required to be developed and maintained with greenery and trees in all high rise building sites. (c) Rain water harvesting structures shall be provided in the prescribed manner within the setbacks. 9.11 Compliance of National Building Code Provisions for Amenities and Facilities in All High Rise Buildings. - (i) The building requirements and standards other than heights and setbacks specified in the National Building Code, 2005 shall be complied with. (ii) Such buildings shall be undertaken by owners by engaging registered architect, licensed builders/ developers and licensed structural engineers. The designs and building plans shall be countersigned by the owner, licensed developer, registered architect, licensed engineer and a qualified and licensed structural engineer who shall be responsible for the supervision, and structural safety of the high-rise building and ensuring that such buildings are designed for compliance with earth quake resistance and resisting other natural hazards, and a fire engineer/fire consultant who shall be responsible fire and life safety and specifications compliance in such buildings. The Completion Certificate shall clearly mentioned that the norms for the above structural safety and fire and life safety requirements have been followed in the design and construction of buildings for making the buildings resistant to earthquake, compliance with structural safety and fire safety requirements. (iii) The work of the building services like sanitation, plumbing, fire and life safety requirements, lifts, electrical installations, and other utility services shall be executed under the planning, design and supervision of qualified and competent technical personnel. (iv) In addition to the required staircases and lifts, there shall be at least one fire escape staircase and lift. These lifts shall be got certified from the manufacturer's authorized Service technical personnel from time to time. (v) Provision for power generator shall be made in such buildings. (vi) Such buildings shall be planned, designed and constructed to ensure fire and safety requirements are met and maintained and shall comply in accordance with the Fire Protection Requirements of National Building Code of India. (vii) The facilities for providing fire protection and fire fighting facilities in such buildings shall be in compliance with the stipulations laid down and clearance issued by the Fire Department from time to time. NOC from the Fire Department shall be obtained from time to time regarding the fire safety requirements and facilities installed. The designs and installations regarding fire protection and safety measures including exit requirements and smoke containment and smoke management measures shall be undertaken through a fire engineer/fire consultant. (viii) Compliance of the parking requirements shall be as given in these rules. The parking facilities and vehicles driveways etc. shall be maintained to the satisfaction of the sanctioning Authority. (ix) Such buildings shall be provided with solar water heating system in the building and solar lighting in the site for outdoor lighting, etc. and give a bank guarantee to this effect to the sanctioning authority for compliance of the same. (x) All High-Rise buildings with covered area above 300 sq.m. shall be designed and constructed to provide facilities to the physically handicapped persons as prescribed in the National Building Code of India, 2005. (xi) In all buildings irrespective of above height provisions, the requirements of parts of the building like size and area requirements of habitable rooms, kitchen, bathrooms and Water closets, other areas, corridor and staircase widths, service ducts, etc. shall conform to the provisions of the National Building Code of India, 2005. (xii) All environmental aspects like provision of Rain water harvesting structures, greenery, solar heating and lighting systems and provisions of the Andhra Pradesh Water, Land and Trees Act 2002 shall be complied in such of the sites and Schemes where these are applicable. 9.12 Notwithstanding anything contained in these Rules or any other orders, the minimum clear setback on the sides and rear sides of any high-rise building under any circumstances and in cases where a concession or incentive is availed in terms of setbacks shall not be less than 7 meters, and such minimum setback area shall be clear without any obstructions including balcony projections, to facilitate movement of fire fighting vehicles and for effective fire fighting operations. ### 10. Requirements of Group Development, Group Housing/Cluster Housing/Residential Enclaves and Row Housing Schemes. - 10.1. Such developments shall be considered where the site is developed together with buildings and all amenities and facilities and not disposed as open plots 10.2 All Group Development Schemes. Group Housing Scheme/Cluster Housing Scheme applications, in addition to the requirements under the Rules, shall be accompanied by: (i) A Services and Utilities Plan as per standards for water supply system, drainage and storm water disposal system, sewerage system, rain water harvesting structures, and for other utilities. (ii) A landscaping plan including rain water harvesting and waste water recycling details. (iii) Parking and internal Circulation Plan along with Common pool parking area plan, if any. The above shall be drawn on suitable scale giving relevant details. 10.3 The minimum plot size for Group Housing Schemes and Group development Schemes shall be 3000 sq. m. and the minimum abutting road width shall be 12 m wide and block topped. The internal roads may be of 9 m width in case of non-high rise blocks. 10.4 In case of housing in large plots or blocks, the proposals should be promoted with the immediate improvement of the accessibility of the site from the nearest main road by way of an approved Road Development Plan by the competent authority with a minimum width of 12 m which should be implemented by the licensed developer within a period of three years. Any road widening required shall be deemed to be approved under these Rules and has to be adhered to by the owners/local body/licensed developer. 10.5 All Group Housing Schemes/Group Development Schemes/Cluster housing/Residential Enclaves and row type development schemes shall be developed with complete infrastructure facilities and amenities. 10.6 These shall not be applicable in case of Government sponsored Housing Scheme/approved NGOs or private schemes, and the guidelines and requirements as given in the National Building Code for Low Cost Housing/ Government orders shall be followed. 10.7 No additional or proportionate open space charge need to be levied in such Schemes. 10.8 Group Development Schemes and Group Housing Schemes - Group Housing Schemes are reckoned as Apartment blocks in more than two blocks. These could be high-rise or simple walk-up units, Group Development Schemes are reckoned as Building in two or more blocks in a campus or site and could be normal height buildings or high-rise blocks or combination of both. The open spaces/setbacks for such type of Group Housing/Group development Scheme shall be as follows: Table V | | | | | --- | --- | --- | | Height of building block | Distance to be maintained from periphery building block | Distance between two blocks | | Up to 10 mts. | 3 mts. | 2 mts. | | Above 10 mts & up to 12 | mts 4 mts. | 3 mts. | | Above 12 mts. & below 18 | mts. 6 mts. | 6 mts. | | Above 18 mts. | As per alround set-backs Buildings given in Table IV | and shall be permissible subject to the following conditions: (a) (i) Stilt parking floor permissible is exclusive of height of building below 15 mts. Height of stilt floor shall not exceed 3.0 mts. (ii) Wherever Cellars are permissible these are excluded from height of Building. (iii) No Balcony Projection shall be allowed to extend onto the minimum distances to be maintained and other open spaces. (b) Common amenities and facilities like shopping center, community hall or center/club house etc. are required to be provided which shall be 5% of the total built up area and shall be planned and developed in cases where the units are above 100 in number and not be part of the residential blocks. (c) A through public access road of 9 m width with 2-lane black-topped is to be developed on any one side at the periphery/as per suitability and feasibility for the convenience of accessibility of other sites and lands located in the interior. This may not be necessary in case where a peripheral road of minimum 9 m width already exists. (d) In case of blocks up to 12 m height, access through pathways of 6m width branching out from the internal roads /loop road would be allowed. All internal roads and pathways shall be developed as per standards. (e) Minimum of 10% of site area shall be earmarked for organized open space and be utilized as greenery, tot lot or soft landscaping, etc., and shall be provided over and above the mandatory open spaces. This space may be in one or more pockets and shall be open to sky. (f) All the roads and open spaces mentioned in various schemes in Rule 10 shall be handed over to the local authority free of cost through a registered gift deed before the issue of Occupancy Certificate. The Society/ Association may in turn enter into an agreement with the local authority for utilizing, managing and maintaining the roads and open spaces. In case of any violation or encroachment, the local authority has the power to summarily demolish the encroachments and resume back the roads and open spaces and keep it under its custody. 10.9 Row Type Housing/Row Type Shopping Precincts. - (a) Minimum site area: 1000 sq.m. (b) Minimum size of individual plots for row houses 50 sq.m. Not more than 8 plots shall be developed in a row Separation between two blocks shall not be less than 6 mt. which may be an open space or an alley/ pedestrian plaza. Only internal staircase would be allowed. (c) Minimum width of internal roads: 9m Internal cul-de-sac road of 6m with max. length 50 mt. is allowed. (d) Minimum open space : 10% of site area. (e) Height permissible : 2 floors or 6 m for plots up to 125 sq.m. Ground + 2 floors for plots above 125 sq.m. for row houses (f) Minimum setbacks: Front 3m ; Rear 1.5 m The setbacks in a row can be interchangeable, however the aggregate setback shall be minimum 4.5 m. In case of row type shopping precincts, back to back shops with above front setback of 3 m would be allowed. (g) In case of very large projects more than 5 acres, common amenities and facilities like shopping center, community hall/club house etc. are required to be provided in 5% of the area. (h) In case of Row Type Shopping Precincts, common basement parking in one or more levels would be permissible subject to conditions mentioned in Rule (11). 10.10 Cluster Housing. - (a) Minimum site area: 1000 sq.m. (b) minimum plot size for cluster house; 25sq. m. with maximum number of 20 houses in a cluster. (c) Minimum size of cluster open space: 36 sq.m with a minimum width of 6m. (d) Height permissible; 2 floors or 6 m. (e) Minimum access road to the Cluster Housing Complex; 9 m (f) Internal access may be through pedestrian pedestrian paths of 6m (g) Minimum space between two clusters; 6m which may be utilized as pathway/alley. (h) Building setbacks; No setbacks are needed for interior clusters as the lighting and ventilation is either from the central open space of cluster and the surrounding pedestrian pathway/access road of the cluster. However, interior courtyards may be provided for larger plots and building areas to facilitate lighting and ventilation. For end clusters, the sides that are abutting peripheral thoroughfare roads, the setback shall be as per the Building line given in Table III. 10.11 Residential Enclaves. - (a) Residential Enclaves would be allowed as gated developments that are exclusive housing areas with common compound wall with access control through gates and having their own facilities and amenities. The housing units may comprise of row houses, semidetached, detached or Apartment blocks or a mix or combination of the above. The building requirements would be as per the given type of housing. (b) Residential enclaves would be permitted only in those sites that give through access of minimum 9 m peripheral road for the neigh boring plots or lands that-are located in the interior. They would be governed by good design standards and not impinging on the overall accessibility and circulation network of the area. (c) Minimum size of site; 4000 sq.m. (d) Size of plots and height permissible; as per type of housing and requirements as given above for the respective type of housing. (e) Minimum Common Open space ; 10% of site area. (f) Building setbacks; As per type of housing and requirements given above for the said type of housing and as per Table III. Semi-detached buildings may also be allowed. The height of such buildings shall not exceed 10 mts. The set-backs shall be as per Table III. (g) internal Road requirements: • 9.0 to 18 m for main internal approach roads; • 9 m for other internal roads and • 8 m for cul-de-sacs roads between 50-100 m length • 9 m for looped roads. 10.12 Technical approval by Director of Town and Country Planning. - The proposals in respect of High Rise buildings and all gated community development/Group Housing developments, Apartment Complexes, approved by the Director of Town and Country Planning in case of non-urban development authority and by the concerned Vice Chairman in respect of the Urban Development Authority areas. The proposal in respect of High Rise Buildings shall be scrutinized by a Committee consisting of the following members: | | | | | | --- | --- | --- | --- | | (a) | Municipal Commissioner/Vice Chairman of UDA | - | Member | | (b) | Regional Deputy Director of Town Planning | - | Member | | (c) | Superintending Engineer, Public Health Dept | - | Member | | (d) | A Senior practicing Architect (to be nominated by DTCP/VC of UDA) | - | Member | | (e) | City Planner/Town Planning Officer of local body/ Planning Officer of UDA | - | Member-Convener | The Committee shall give its recommendations within one week to the Director of Town and Country Planning/ Vice-Chairman of Urban Development Authority, as the case may be. ### 11. Parking requirements. - 11.1. In all Complexes' including Residential Complexes, Hotels, restaurants and Lodges, business buildings, commercial buildings, Institutional buildings like hospitals, Educational buildings like schools and colleges, multi-storied buildings/: Complexes, etc and all other non-residential activities provision shall be made for parking spaces as per the following requirements TABLE VI | | | | --- | --- | | Category of building/activity | Parking area to be provided as percentage of total built up area | | In Municipal Corporation Area | In Municipalities and rest of Development Authorities areas | | Shopping Malls\*, Information Technology Enabling Services Complexes | 40% | 30% | | Hotels, restaurants, lodges, Cinema halls, business buildings, other commercial buildings, Kalyana Mandapams, Offices, & non-residential high-rise buildings/ Complexes | 30% | 25% | | Residential Apartment Complexes, Hospitals, Institutional buildings, Industrial buildings, Schools, Colleges & other educational buildings, God owns and other uses | 20% | 20% | \* Parking and other requirements in case of Multiplex Complexes shall be governed by the provisions of Multiplex rules. 11.2 The parking spaces may be provided in (for all Schemes). - (i) basements or cellars allowed up to 3.25 m height, in one or more levels/multi-level and such cellars shall be allowed in plots 750 sq. m. and above; or (ii) on stilt floor or in upper parking floors (at any level) the height of such, parking floor shall be allowed up to 2.75 m height; (iii) in the open space over/setbacks (except the front setback) to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuvering of vehicles, or (iv) common pool parking area (in the case of Group Housing Scheme/Residential enclave/Cluster housing/Row housing schemes) or (v) a combination of any or all the above. (vi) in case of non-residential occupancies on sites below 750 sq.metres, for parking a semi basement of 3 metres height and with such height not exceeding 1.5 m above ground level may be considered. 11.3 The other aspects for providing parking spaces are. - (i) Common and Continuous cellar parking floors between adjoining buildings would be allowed depending upon structural safety aspects, mutual agreement between owners, etc. (ii) The parking spaces shall be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required, for maneuvering of vehicles. (iii) Stilt floor/sub-basement/Cellar parking floor shall be used only for parking and not for any habitation purpose. Misuse of the area specified for parking of vehicles for any other use shall be summarily demolished/ removed by the Enforcement Authority. (iv) For parking spaces in basements and upper storeys of parking floors, at least two ramps of minimum 3.6 m width or one ramp of minimum 5.4 m width and adequate slope shall be provided. Such ramps may be permitted in the side and rear setbacks after leaving sufficient space for movement of fire-fighting vehicles. Access to these may also be accomplished through provisions of mechanical lifts wherein the height of the parking floor up to 4.25 m is allowed wherein each parking level would be reckoned as a parking floor for the purpose of computation of total parking requirement. The sanctioning authority shall take an Undertaking for compliance with regard to mechanical parking facilities and closure of such building in case the owner fails to provide the required parking facility. (v) Basement/cellar shall be set back at least 1.5 m from the property line and in case of more than one cellar 1 metre additional setback for every additional cellar floor shall be insisted. (vi) Up to 10% of cellar may be utilized for utilities and non-habitation purpose like A/C Plant room, Generator room, STP, Electrical installations, Laundry, and such other similar utilities. (vii) Space over and above 6m in front setback may be considered as off- street parking space. (viii) Visitors parking to be provided shall be 10% of the area mentioned in Table VI, which is over and above the required parking area, and may be accommodated in the mandatory setbacks other than the front setback, wherever such setbacks are more than 6m. The Visitors' Parking facility shall be open to all visitors. (ix) In respect of Apartment Complexes/Building/Block, in sites up to 750 sq. m the Parking requirement shall be deemed to be met if the entire stilt floor is left for parking. (x) A WC/Toilet facility shall be provided for watch and ward in the stilt floor. 11.4 Encouragement for provision of Parking Complexes. - To encourage parking complexes, Parking lots and enclaves, owners who develop parking complexes/ Parking lots, the following incentives would be considered: (a) equivalent built up area of such Parking Complex / or area of parking lot as the case may be would be considered as Transferable Development right by the sanctioning authority. (b) In an existing area/locality where an owner or two or more owners come together and develop combined or common parking Complex, pedestrian plaza/ subway, or improve/facilitate additional access by linking with surrounding roads etc for public usage are provided, as part of their premises/land development/ improving the urban design aspects, additional bonus built up area/TDR would be considered by the sanctioning authority. (c) The setbacks for Parking Complexes shall be as follows: font - as per building line setbacks on remaining sides - 50% of setbacks given in Table III. (d) No fees and other charges shall be charged by the Sanctioning Authority for the area/floors developed as parking Complex/ Parking lot; (e) A moratorium on property tax for 5 years would be considered; (g) Such parking facility enclaves may be permitted along or off main commercial roads, city center, close to Bus stations, Railway Stations and any public transport system so as to encourage use of public transport, etc. Access to these parking spaces in such Complexes may be accomplished through provision of mechanical lifts. Such areas may be identified by the sanctioning authority and notified to public every year by 1st April. ### 12. Restrictions on Projections Allowed in Mandatory Open Spaces. - Only the following Projections shall be allowed in the mandatory open spaces/ setbacks/interior open spaces: (i) No balcony projections or corridor may be permitted beyond the setbacks i.e., projecting within the mandatory open spaces in case of non-high rise buildings. These, if provided for, shall be set back as per the minimum mandatory open spaces and the setback shall be clear from the edge of the balcony or corridor. (ii) Cornice, Chajjas/weather shades only of width not exceeding 60cm shall be allowed in the mandatory setbacks. (iii) In case of non-high rise building plots more than 300 sq.m: (a) Sump, septic tank, well and a servant quarter, may be allowed in the rear and side open spaces. These shall need to be setback at least 1.5 m from the property or boundary line of the plot. (b) parking sheds, generator room may be allowed in the rear and side open spaces. (c) In the front setback only a security guard booth of 2 sqm may be allowed. The height of the mentioned accessory buildings shall not be more than 2.50 m and shall not occupy more than 1 /4th of the plot width. These shall be so located so that they do not hinder the fire safety measures and operations. ### 13. Urban Design and Architectural Control. - For certain areas as well as sites abutting major roads of 30 mt and above, the Sanctioning Authority may enforce urban design and architectural control. These shall be detailed out keeping in view the development conditionality and requirements given in these Regulations and the National Building Code norms. For this purpose, urban design and architectural control sheets/Plans approved by the Sanctioning Authority shall be complied with. ### 14. Obligations of the owner and licensed developer/builder/licensed technical personnel to implement and develop the Master Plan/Statutory Plan circulation network and specific land uses. (1) Where any land or site or premises for building is affected in the statutory plan/Master Plan road or circulation network or an road required to be widened as per a Road Development Plan, such area so affected in the road or circulation network shall be surrendered to the Sanctioning Authority by the owner of land. No development permission shall be given unless this condition is complied with. (2) Upon surrendering such affected area and vesting it with the local authority or Urban Development Authority as the case may be, the owner of the site would be entitled to a Transferable Development Right (TDR) as given in Rule 15 below. OR The owner shall be allowed to construct an extra floor with an equivalent built area for the area surrendered subject to mandated public safety requirements. OR The owner shall be allowed to avail relaxations as given in G.O.Ms.No. 33 MA, dated 03-02-2001 respectively (incentives to owners who surrender land affected in road widening free of cost) and concessions in set-backs including the front setback (subject to ensuring a building line of 6m in respect of roads 30m and above, 3mt in respect of roads 18m and below 30mts. And 2mt. in respect of roads less than 18mt). and a minimum of 7m in respect of high rise buildings. The extent of concession given shall be such that the total built up area after concession shall not exceed the sum of built up area allowed on total area without road widening and built up area equivalent to surrendered area. The concessions shall be considered at the level of Commissioner, Municipal Corporation in respect of cases falling in Corporation area, and at the level of Vice-Chairman the UDA in respect of cases falling in other areas of the UDA area. ### 15. Grant of Transferable Development Right. - Grant of Transferable Development Right (TDR) may be considered by the Competent Authority for the following areas subject to the owner complying with the conditions of development above, as per the following norms: (a) For the Master Plan road network undertaken and developed: equivalent to 100% of built up area of such area surrendered. (b) For conservation and development of lakes/water bodies/nalas foreshores and Recreational buffer development with greenery, Open spaces earmarked in Master Plan, etc. equivalent to 50% of built up area of such area developed at his cost. (c) For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 50% of built up area of such site area. The TDR may be arrived at on the basis of relative land value and equivalent amount in both export and import areas, as per the Registration Department records. The Competent authority shall have the discretion in the matter of applicability of TDR. The TDR shall not be allowed in unauthorized buildings / structures /constructions and shall be considered only after the land is vested with the local authority /' UDA, The TDR Certificate would be issued by the Competent authority would be valid or utilized/disposed only within the concerned local body area and as per guidelines and conditions prescribed by the Competent Authority. ### 16. Levy of Special Fees and Other Provisions for Certain Areas. - The Sanctioning Authority with the specific approval of the Government may, when implementing such Projects, levy Special fees and other fees/charges for lands/sites/premises abutting or in the vicinity of the Ring Road or other highways/ major roads or the Mass Rail Transit System/ Light Rail Transit/'MMTS route/BRTS route indicated in the Master Plan, at the rates and procedure prescribed by the Government. ### 17. City Level Infrastructure Impact Fees Applicable in Certain Cases. (1) With a view to ensuring development of City Level Infrastructure facilities and levy of impact Fees, buildings are categorised as follows: Type I: Buildings up to height 15 m excluding stilt parking floor Type II : Buildings of height above 15 m (excluding stilt floor) The City level Infrastructure Impact Fees would be levied for Buildings under Type II above as follows: • First 15 m or 5 floors (whichever is less): No levy of Impact fee • For any additional floors or part there of; at differential rates specified in Table below: TABLE VII | | | | --- | --- | | Occupancy/Use | Height of Building (in metres) and rate in Rs. Per sq. m of built up area\* | | Above 15 m & up to 21 m | Above 21 m & up to 30 m | Above 30 m & up to 40 m | Above 50 m | | Residential | Municipal Corporation Area | | 350 | 500 | 1000 | 2000 | | Other areas of UDA Area | | 175 | 350 | 750 | 1500 | | Municipal Corporation Area | | 500 | 1000 | 2000 | 3000 | | Commercial, Offices, ITES | Other areas of UDA Area | | 350 | 500 | 1000 | 2000 | | Institutional, educational & Others (except Industrial sheds/factories) | Municipal Corporation Area | | 175 | 350 | 750 | 1500 | | Other areas of UDA Area | | 100 | 200 | 400 | 800 | \* In case of Multiplex Complexes, the rates given in the Multiplex Rules shall apply. (1) Alternatively, the owner may be allowed to utilize TDR given in Rule 14 above, for such built up area to the extent permissible wholly or use the same in combination of both TDR and the differential impact fee for the proposed additional built up area that is permissible under these Rules/Provisions. The Government may revise the above rates from time to time. (2) The above rates shall not be applicable for Government Departments and public agencies like Urban Development Authority, APIIC and local bodies. (3) The amount levied and collected under above Rule shall be credited and maintained in a separate escrow account by the Competent authority and 50% utilized for development of infrastructure in the same area and balance utilized towards improvement of city level capital infrastructure in the area and for development of infrastructure/ Master Plan road network. An infrastructure Plan and Action Plan for implementation is required to be undertaken by the Competent authority and the said Fund utilized accordingly. ### 18. Incentives for owners Leaving More setbacks/Installing Solar Heating & Lighting System/Rain Water Harvesting/Recycling of Waste Water. - The following incentives in terms of rebate in Property tax will be given by the local authority for owners or their successors-in-interest who: (a) Construct the building/blocks by leaving more setbacks than the minimal stipulated in these Rules: Leaving 1.5 times the minimum setbacks in all sides: 10% rebate\* Leaving 2.0 times the minimum setbacks on all sides: 20% rebate\* \* The setbacks has to be on all sides to quality for the rebate. Leaving more on one side and the minimum on other sides would not quality for such rebate. (b) Install and use solar heating and lighting system: 10% rebate. (c) Undertake both recycling of waste water and rain water harvesting structures: 10% rebate. (d) Where owners provide at least 25% additional parking space over and above the minimum specified in Rule 11, they would be allowed for a rebate of 10% in property tax. ### 19. Building Permit/License Fees and Undertaking. (a) The sanctioning/ Competent Authority shall along with the Building Application levy and collect 2% of the Building Permit/License fees, subject to a maximum of Rs. 10,000 as initial fees. The balance building permit./ LICENSE FEES TOGETHER WITH OTHER FEES AND CHARGES SHALL BE LEVIED AND collected before the issue of permission/sanction. In case of rejection of application, the above initial fees would be forfeited. (b) No fees and charges would be levied for parking spaces provided in any floor. (c) that Building Permit fees collected by the UDA will be transferred to local bodies and the development charges collected by local bodies shall be remitted in a separate account and transferred to the UDA. ### 20. Compliance by Owner for Ensuring Construction is as per Sanctioned Plan. (a) The owner and builder/developer shall give an affidavit duty notarized to the effect that in the case of any violation from the sanctioned building plan, the Enforcement Authority can summarily demolish the violated portion. In respect of Apartment Buildings, the owner or builder shall give a Declaration duly specifying the number of floors permitted, along with the extent of each floor. In case of any violation with regard to the Declaration, the Enforcement Authority can demolish the violations. (b) Before the release of the building sanction by the sanctioning authority, the owner of the plot/site is not only required to produce the original Sale Deed, registered under the provisions of the Indian Registration Act, 1908 for the perusal of the sanctioning authority and cross verification with the attested copy submitted with the building application, but also shall be required to demarcate the setbacks and open spaces at the site. (c) The owner is required to hand over the ground floor area for first floor or the second floor area, as the case may be, or 10% of the total built-up area, whichever is less, to the sanctioning authority by way of a Notarized Affidavit. The Notarized Affidavit shall be got entered by the sanctioning authority in the Prohibitory Property Watch Register of the Registration Department. Then only the Building sanction will be released and the owner shall be allowed to commence the construction. However in respect of group housing schemes like row houses/ independent houses/cluster housing/residential enclaves, 5% of the units shall be handed over to the urban development authority/ sanctioning authority by way of a Notarized Affidavit. Individual buildings in plots up to 3000sq.mts. with height upto 6mts, And Industrial buildings are exempted from the above conditions. The system of taking a Security Deposit is dispensed with. ### 21. Occupancy Certificate. - (i) Occupancy Certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy certificate by the Sanctioning Authority. Partial Occupancy Certificate may be considered by the Sanctioning authority on merits i.e. flats/units or area within a complex which have fulfilled all the/requirements in addition to basic facilities like lifts, water supply, sanitation, drainage, roads, common lighting etc. However, in respect of individual buildings in plots up to 300 sq.mts with height up to 5 mts Occupancy Certificate is optional. (ii) The owner shall submit a notice of completion through the registered architect and licensed builder/ developer along with prescribed documents and plans to the Sanctioning Authority. The Sanctioning Authority on receipt of such notice of completion shall undertake inspection with regard to the following aspects. (a) Number of floors (b) External setbacks (c) Parking space provision (d) Abutting road width and shall communicate the approval or refusal of the occupancy Certificate within 15 days or may issue the same after levying and collecting compounding fee, if any, as follows: (iii) The sanctioning authority is empowered to compound the offence in relation to setback violations (other than the front setback) up to 10% in respect of individual residential buildings, duly recording thereon the reasons for violations in writing. This provision is made to take care of unintentional and minor violations in setbacks by the individual plot owners. The rate of Compounding fee shall be a minimum rate of Rs. 1000 per sq.m. of built up area on each floor in Municipal Corporation areas and at the rate of Rs. 500 per sq.m. in case of other Municipal areas and UDA areas, and the Government may revise this rate from time to time. Compounding of such violation shall not be considered for buildings constructed without obtaining any sanctioned plan. These fees shall be maintained in a separate escrow account and utilized towards improvement of the roads and public open spaces development in the area. (iv) For all high rise buildings, the work shall be subject to inspection by the Fire service Department and the Occupancy Certificate shall be issued only after clearance from the Fire Services Department with regard to Fire and life Safety requirements. (v) The functional/line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such occupancy Certificate where required is produced, or alternatively may charge 3 times the rate till such time Occupancy Certificate is produced. This condition shall also be applicable to all unauthorized constructions and buildings constructed without sanctioned building plan. In addition to the above, the local body shall collect every year two times the property tax as penalty from the owner/occupier till such time the Occupancy Certificate is obtained. (vi) The Registration Authority shall register only the permitted built up area as per the sanctioned building plan and only upon producing and filing a copy of such sanctioned building plan in original. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors. (vii) The financial agencies/institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan: ### 22. Enforcement. - (A) In addition to the enforcement powers and responsibilities given in the respective laws to the local authority, in respect of these Rules: (i) The Enforcement Authority concerned shall be wholly and severally responsible for ensuring and maintaining the road right of way/width and building restrictions as given in these Rules. The Enforcement Authority shall particularly check all buildings/structures for any violations along all main roads/ public roads and take action to remove these. (ii) The Enforcement authority shall summarily remove any violation or deviation in building construction in maintaining the road widths and building line. (B) The Licensed technical personnel including the Builder to whom License has been accorded by the sanctioning authority concerned are wholly and severally responsible for ensuring that the building is constructed as per the sanctioned Building Plan. If any breach or laxity is found against them in this regard, action shall be taken against the concerned licensed technical personnel for black-listing and this would entail not only debarring them from Practice In The Entire State For 5 Years, But Also Cancellation Of Their License besides being prosecuted under the relevant laws/code of conduct by the sanctioning authority. (C) Constitution of Town Planning and Building Tribunal - The Government shall constitute a Town Planning and Building Tribunal for dealing with all town planning, enforcement, and building issues by making necessary amendment to the relevant laws. (D) Constitution of Building Ombudsman - The Government may constitute a Building Ombudsman for dealing with all complaints of building violations, shortfall in building standards, services and specifications and safety aspects. The Government shall separately work out the procedure, role and details of the functioning of the Building Ombudsman. ### 23. Limitations of Building Sanction. - Sanction of building permission by the Sanctioning Authority shall not mean responsibility or clearance of the following aspects: (i) Title or ownership of the site or building. (ii) Easement Rights (iii) Variation in area from recorded areas of plot or a building or on ground. (iv) Structural Reports, Structural Drawings and structural aspects (v) Workmanship, soundness of structure and materials used, (vi) Quality of building services and amenities in the construction of building (vii) The site/area liable to flooding as a result of not taking proper drainage arrangements as per natural lay of the land, etc. (viii) Other requirements or licenses or clearances required for the site/ premises or activity under various other law. ### 24. Licensing of Real Estate Companies, Developers, Buildings, Town Planners, Engineers and Other Technical Personnel Made Mandatory. (a) No developer/builder/real estate firm or company/engineer/town planner/ other technical personnel shall be allowed to undertake development/ do business/practice in a Municipal Corporation/UDA area unless they are licensed with the sanctioning authority of the respective area. Architects shall be required to be registered with the Council of Architecture. (b) The engaging of the services of a licensed developer/builder shall be mandatory for Apartment Buildings, Group Housing Schemes, all types of gated developments mentioned in Rule 10, all High-Rise Buildings, and all commercial complexes. Developments undertaken for construction of individual residential houses, normal educational/ institutional/ industrial buildings and developments undertaken by public agencies are exempted from the above condition. (c) Any developer /builder undertaking development or any firm doing property business in any Municipal Corporation/UDA or soliciting property sale/transactions or advertising as such in case of above, shall necessarily mention the details of it's license number, license number of the licensed developer to whom the approval is given by the said Municipal Corporation/UDA, together with the permit number and it's validity for information and verification of public / prospective buyers. (d) Absence of the above or suppressing of the above facts or in the case of other licenses and other technical personnel who violate the conditions would invite penal action including debarring of the real estate firm/ development firm/company from practice in the entire State for 5 years besides prosecution Under The Relevant Law/ Code Of Conduct By The Sanctioning Authority. (e) Any licensed developer/builder/other technical personnel who undertake construction in violation of the sanctioned plans shall be black-listed and this, this would entail cancellation of their license besides being prosecuted under the relevant laws/code of conduct. (f) The format for application forms for licencing of developers /builders real estate firms, town planners, architects, engineers, other personnel, and other conditions shall be as prescribed by the Competent Authority.
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acts
Union of India - Act ---------------------- Central Excise Valuation (determination of price of excisable goods) Rules, 2000 ---------------------------------------------------------------------------------- UNION OF INDIA India Central Excise Valuation (determination of price of excisable goods) Rules, 2000 ================================================================================== Rule CENTRAL-EXCISE-VALUATION-DETERMINATION-OF-PRICE-OF-EXCISABLE-GOODS-RULES-2000 of 2000 -------------------------------------------------------------------------------------------- * Published on 30 June 2000 * Commenced on 30 June 2000 Central Excise Valuation (determination of price of excisable goods) Rules, 2000 Published vide Notification in the Gazette of India, Extraordinary, Part II, Section 3(i) , No. 357, dated 30.6.2000. ### 1664. G.S.R. 575 (E) , New Delhi, 30.6.2000.- In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), and in supersession of the Central Excise (Valuation) Rules, 1975 except as respect things done or omitted to the done before such supersession, the Central Government hereby makes the following rules, namely :- ### 1. (1) These rules may be called the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. (2) They shall come into force on and from the 1st day of July, 2000. Chapter I Preliminary -------------------------- ### 2. In these rules, unless the context otherwise requires, - (a) "Act" means the Central Excise Act, 1944 (1 of 1944); (b) "normal transaction value" means the transaction value at which the greatest aggregate quantity of goods are sold; (c) "value" means the value referred to in section 4 of the Act; (d) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act. Chapter II Determination Of Value -------------------------------------- ### 3. The value of any excisable goods shall, for the purposes of clause (b) of sub-section (1) of section 4 of the Act, be determined in accordance with these rules. ### 4. The value of the excisable goods shall be based on the value of such goods sold by the assessee for delivery at any other time nearest to the time of the removal of goods under assessment, subject, if necessary, to such adjustment on account of the difference in the dates of delivery of such goods and of the excisable goods under assessment, as may appear reasonable. ### 5. [ [Substituted by G.S.R. 151(E) , dated 1.3.2003] Where any excisable goods are sold in the circumstances specified in clause (a) of sub-section (1) of section 4 of the Act except the circumstances in which the excisable goods are sold for delivery at a place other than the place of removal, then the value of such excisable goods shall be deemed to be the transaction value, excluding the cost of transportation from the place of removal upto the place of delivery of such excisable goods. Explanation 1.- "Cost of transportation" includes - (i) the actual cost of transportation; and (ii) in case where freight is averaged, the cost of transportation calculated in accordance with generally accepted principles of costing. Explanation 2.- For removal of doubts, it is clarified that the cost of transportation from the factory to the place of removal, where the factory is not the place of removal, shall not be excluded for the purposes of determining the value of the excisable goods.] ### 6. Where the excisable goods are sold in the circumstances specified in clause (a) of sub section (1) of section 4 of the Act except the circumstance where the price is not the sole consideration for sale, the value of such goods shall be deemed to be the aggregate of such transaction value and the amount of money value of any additional consideration flowing directly or indirectly from the buyer to the assessee. Explanation 1.- For removal of doubts, it is hereby clarified that the value, apportioned as appropriate, of the following goods and services, whether supplied directly or indirectly by the buyer free of charge or at reduced cost for use in connection with the production and sale of such goods, to the extent that such value has not been included in the price actually paid or payable, shall be treated to be the amount of money value of additional consideration flowing directly or indirectly from the buyer to the assessee in relation to sale of the goods being valued and aggregated accordingly, namely :- (i) value of materials, components, parts and similar items relatable to such goods; (ii) value of tools, dies, moulds, drawings, blue prints, technical maps and charts and similar items used in the production of such goods; (iii) value of material consumed, including packaging materials, in the production of such goods; (iv) value of engineering, development, art work, design work and plans and sketches undertaken elsewhere than in the factory of production and necessary for the production of such goods. [Explanation 2.- [Inserted by G.S.R. 151(E) , dated 1.3.2003] Where an assessee receives any advance payment from the buyer against delivery of any excisable goods, no notional interest on such advance shall be added to the value unless the Central Excise Officer has evidence to the effect that the advance received has influenced the fixation of the price of the goods by way of charging a lesser price from or by offering a special discount to the buyer who has made the advance deposit. Illustration 1.- X, an assessee, sells his goods to Y against full advance payment at Rs. 100 per piece. However, X also sells such goods to Z without any advance payment at the same price of Rs. 100 per piece. No notional interest on the advance received by X is includible in the transaction value. Illustration 2.- A, an assessee, manufactures and supplies certain goods as per design and specification furnished by B at a price of Rs. 10 lakhs A takes 50% of the price as advance against these goods and there is no sale of such goods to any other buyer. There is no evidence available with the Central Excise Officer that the notional interest on such advance has resulted in lowering of the prices. Thus, no notional interest on the advance received shall be added to the transaction value.] ### 7. Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot, premises of a consignment agent or any other place or premises (hereinafter referred to as "such other place") from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be the normal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of goods under assessment. [8. Where whole or part of the excisable goods are not sold by the assessee but are used for consumption by him or on his behalf in the production or manufacture of other articles, the value of such goods that are consumed shall be one hundred and ten per cent of the cost of production or manufacture of such goods.] ### 9. [Where whole or part of the excisable goods are sold by the assessee to or through a person who is related in the manner specified in any of the sub-clauses (ii) , (iii) or (iv) of clause (b) of sub-section (3) of Section 4 of the Act, the value of such goods shall be the normal transaction value] [Substituted for the words "When the assessee so arranges that the excisable goods are not sold by an assessee except to or through a person who is related in the manner specified in any of the sub-clauses (ii) , (iii) or (iv) of clause (b) of sub-section (3) of Section 4 of the Act, the value of the goods shall be the normal transaction value" by Notification No. G.S.R. 748 (E) dated 22.11.2013 (w.e.f. 1.12.2013)] at which these are sold by the related person at the time of removal, to buyers (not being related person); or where such goods are not sold to such buyers, to buyers (being related person), who sells such goods in retail : Provided that in a case where the related person does not sell the goods but uses or consumes such goods in the production or manufacture of articles, the value shall be determined in the manner specified in 8. ### 10. [Where whole or part of the excisable goods are sold by the assessee to or through an inter-connected undertaking, the value of such goods shall be determined in the following manner, namely:- ] [Substituted for the words "When the assessee so arranges that the excisable goods are not sold by him except to or through an inter-connected undertaking, the value of goods shall be determined in the following manner, namely:- " by Notification No. G.S.R. 748 (E) dated 22.11.2013 (w.e.f. 1.12.2013)] (a) If the undertakings are so connected that they are also related in terms of sub-clause (ii) or (iii) or (iv) of clause (b) of sub-section (3) of section 4 of the Act or the buyer is a holding company or subsidiary company of the assessee, then the value shall be determined in the manner prescribed in 9. Explanation.- In this clause "holding company" and "subsidiary company" shall have the same meanings as in the Companies Act, 1956 ( 1 of 1956 ). (b) in any other case, the value shall be determined as if they are not related persons for the purpose of sub-section (1) of section 4. [10-A. [Inserted by G.S.R. 149(E) , dated 1.3.2007] Where the excisable goods are produced or manufactured by a job-worker, on behalf of a person (hereinafter referred to as principal manufacturer), then, - (i) in a case where the goods are sold by the principal manufacturer for delivery at the time of removal of goods from the factory of job-worker, where the principal manufacturer and the buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be the transaction value of the said goods sold by the principal manufacturer; (ii) in a case where the goods are not sold by the principal manufacturer at the time of removal of goods from the factory of the job-worker, but are transferred to some other place from where the said goods are to be sold after their clearance from the factory of job-worker and where the principal manufacturer and buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be the normal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of said goods from the factory of job-worker; (iii) in a case not covered under clause (i) or (ii), the provisions of foregoing rules, wherever applicable, shall mutatis mutandis apply for determination of the value of the excisable goods : Provided that the cost of transportation, if any, from the premises, wherefrom the goods are sold, to the place of delivery shall not be included in the value of excisable goods. Explanation.- For the purposes of this rule, job-worker means a person engaged in the manufacture or production of goods on behalf of a principal manufacturer, from any inputs or goods supplied by the said principal manufacturer or by any other person authorised by him.] ### 11. If the value of any excisable goods cannot be determined under the foregoing rules, the value shall be determined using reasonable means consistent with the principles and general provisions of these rules and sub-section (1) of section 4 of the Act.
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acts
State of Haryana - Act ------------------------ The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966 ------------------------------------------------------------------------------------------------------------- HARYANA India The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966 ============================================================================================================= Rule THE-PUNJAB-INDUSTRIAL-ESTABLISHMENTS-NATIONAL-AND-FESTIVAL-HOLIDAYS-AND-CASUAL-AND-SICK-LEAVE-RULES-1966 of 1966 ----------------------------------------------------------------------------------------------------------------------- * Published on 5 April 1966 * Commenced on 5 April 1966 The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966 Published vide Punjab Government Labour Department Notification No. GSR 72/PA 14/65/S. 15/65, dated 5.4.1966 ### 1. Short title. - These rules may be called Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966. ### 2. Definitions. - In these rules, unless context otherwise requires, - (a) 'Act' means the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965; (b) 'Conciliation Officer' means a Conciliation Officer notified as such under the Industrial Disputes Act, 1947; (c) 'Form' means a form appended to these rules; (d) 'representatives of the workers' shall mean the representatives of the workers on the Works Committee constituted under section 3 of the Industrial Disputes Act, 1947 and where there is no such Works Committee, the representatives of the workers elected in the manner prescribed under rule 4; (e) 'section' means a section of the Act. ### 3. Festival Holidays. - [Section 3(1) (a) read with section 15(2)(a)]. - (1) The [five] [Substitued for the word 'four' by Haryana Government Notification No. GSR PA 23/PA/14/65/S.15/73 dated 9.2.1973.] festival holidays required to be allowed under section 3(1) (b) shall be determined in consultation with the representatives of the workers before the 30th day of November each year for the ensuing calendar year. The holidays so determined shall be notified to the workers before the 31st December each year by exhibiting a copy of the same on the notice board kept at a conspicuous place where the majority of the workers enter the premises of the industrial establishment and also at the Time Keeper's Office, if any; and a copy of the same shall be delivered to the Inspector of the area before the 31st December each year. (2) For exercising claim for half festival holiday as provided in proviso to sub-section (1) of section 3, a written application to this effect shall be received by the employer before the 31st October every year which shall be signed by not less than 10 per cent workers of the industrial establishment on rolls on that day indicating the name of festivals on which they want to avail half holidays. If any difficulty in this behalf arises, the matter will be settled by the employer in consultation with the representatives of the workers. (3) In case it is not possible to determine the festival holidays under sub-rules (1) and (2) before 30th November, the matter shall be referred by the employer to the Conciliation Officer of the area immediately but not later than the 1st December. The Conciliation Officer shall make efforts to bring about settlement between the employer and the workers. In case the Conciliation Officer is not able to bring about any settlement between the employer and the workers within 15 days of the receipt of the reference from the employer, he shall refer the matter to the Labour Commissioner, Punjab, for his decision. The Labour Commissioner, Punjab, shall give his decision before the 31st December, which shall be final. ### 4. Election of representatives of workers. - [Section 43(1) read with section 15(1)(b)]. - Where there is no Works Committee constituted under section 3 of the Industrial Disputes Act, 1947 the representatives of the workers shall be elected from amongst the workers. The election shall be arranged by the employer in the month of October each year for which purpose he shall issue seven days' notice and invite nominations whereafter election shall be held by show of hands. ### 5. Casual Leave. - [Section 4 read with section 15(2) (b)]. - (1) During the first year of service, a workman may be allowed not more than two days' casual leave for every three months of service : (2) The unavailed casual leave shall lapse at the end of the calendar year. If any casual leave due is refused by the employer in his own interest, the workers shall be compensated by grant of casual leave on any other day or by payment of the average daily wage for that day. (3) The casual leave shall not be combined with any kind of leave except with the express permission of the employer. (4) Except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time. (5) An application for casual leave shall be made two days in advance to the management concerned and permission obtained before hand : Provided that in case of urgency or death or serious illness in the family such application can be made immediately on resuming duty, giving cogent reasons for inability to obtain prior permission. (6) If a substantial number of workers apply for casual leave in a concerted manner and for identical period and the employer has reasons to believe that the leave has been applied for with an intention to affect the working of the establishment adversely, the employer may reject the application and the worker shall not be entitled to claim any compensation for the leave thus refused : Provided further that a worker may apply for leave thus rejected, afresh at any other time during the year and such application may then be considered by the employer in the normal course. ### 6. Sick Leave. - [Section 4 read with section 15(2) (a), (b)]. - (1) If sick leave is for more than the two days, it shall be granted on application supported by a medical certificate from a registered medical practitioner : Provided that the employer may require the worker to get countersigned such medical certificate from the authorised medical officer of the Industrial Establishments, if any, or from the Doctor incharge of the Government Hospital of the area and the fee for getting the medical certificate countersigned shall be borne by the employer. (2) In case a worker is suspected to be suffering from any contagious or infectious disease, he may be got medically examined by the employer at his (employer's) expense and allowed to proceed on leave as though the worker had applied for being sent on leave himself. ### 7. Maintenance of Records. - [Section 15(2) (c)]. - (1) Every employer shall submit to the Inspector of the area a statement of Festival Holidays to be allowed to the workers during the calendar year before the 31st December of the preceding year in Form 'A'. A copy of this statement will be exhibited on a Notice Board to be kept in the industrial establishment at a conspicuous place and shall be available for inspection at all times. (2) The account of festival holidays, casual leave and sick leave shall be maintained in Form 'B'. ### 8. Penalties. - [Section 15(3) ]. - Any person who contravenes any provision of the rules shall be punishable with the fine which may extend to fifty rupees. Form 'A' [See rule 7(1) ] Statement of Festival Holidays to be sent to the Inspector of the area and to be exhibited and maintained in a factory under the Punjab Industrial Establishments (National and Festival and Casual and Sick Leave) Rules, 1965 | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Name and address of the establishment | Particulars of the days observed as Festival Holidays | Whether whole day or half day | Number and date of the settlement through the Workers Committee of the representatives of the workers vide which the Holidays were determined | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | Form 'B' [See rule 7(2) ] Register of Festival Holidays, Casual and Sick Leave in respect of Shri \_\_\_\_\_\_\_\_\_\_\_\_ for the year 19 \_\_\_\_\_\_\_\_\_, under the Punjab Industrial Establishments (National and Festival and Casual and Sick Leave) Rules, 1965 ### 1. Date of joining service \_\_\_\_\_\_\_\_\_. ### 2. Whether covered by the Employees State Insurance Scheme. - Yes/No. | | | | | | | --- | --- | --- | --- | --- | | Serial No. | Number of festival holidays/casual/sick leave due at the beginning of the year | Period for which festival holidays/casual/sick leave applied for | Whether granted or refused | Remarks | | 1 | 2 | 3 | 4 | 5 | | | | | | |
65b960b3ab84c7eca86e8f8d
acts
State of Bihar - Act ---------------------- Bihar Mines & Geology Service Rules, 2008 ------------------------------------------- BIHAR India Bihar Mines & Geology Service Rules, 2008 =========================================== Rule BIHAR-MINES-GEOLOGY-SERVICE-RULES-2008 of 2008 ----------------------------------------------------- * Published on 20 June 2008 * Commenced on 20 June 2008 Bihar Mines & Geology Service Rules, 2008 Published vide Notification-File No. 1/Vivid-023/2007 (Part-3)-1228/M, Patna, dated 20.6.2008 Government of Bihar, Department of Mines & Geology, Notification-File No. 1/Vivid-023/2007 (Part-III)-1228/M, Patna, dated 20.6.2008. - In exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Government of Bihar is hereby pleased to make the following Rules to regulate the mode of recruitment and conditions of Service of the persons appointed to the Bihar Mines & Geology Service. Chapter-1 Preliminary ### 1. Short title and commencement. (1) These Rules may be called the Bihar Mines & Geology Service Rules, 2008; (2) It shall extend to the whole of the Bihar State. (3) It shall come into force with immediate effect. ### 2. Definitions. - In these Rules, unless otherwise required in the context, (i) 'Cadre' means the sanctioned strength of service as a separate unit. (ii) 'Commission' means the Bihar Public Service Commission. (iii) 'Governor' means the Governor of Bihar. (iv) 'Member' or 'Member of the Service' means a person appointed to the Bihar Mines & Geology Service. (v) 'Schedule' means Schedule appended to these Rules. (vi) 'Service' means Bihar Mines & Geology Service. (vii) 'Competitive Examination' means Bihar Mines & Geology Service Competitive Examination. (viii) 'Sub-Ordinate Service' means the cadre of the Mines Inspectors. (ix) 'Department' means Mines & Geology Department. (x) 'State Government' means the State Government of Bihar. ### 3. Constitution of the Services. - This Service shall be known as Bihar Mines & Geology Service and it shall be deemed to be a State Service. This cadre shall be under the administrative control of Mines & Geology Department. The Director, Mines & Geology Directorate shall be the Head of the Department for this cadre. The strength of the service shall be as contained in Schedule-I. ### 4. The person appointed and working in Mining Service and Geology Service prior to the enforcement of these Rules shall deemed to be automatically included in this Service. All members of this Service shall be Gazetted. Chapter-2 Recruitment ### 5. Sources of recruitment. (1) Save as otherwise provided, recruitment to the Service shall be made: (a) by direct recruitment, in accordance with Chapter-3 of the Rules. (b) by promotion, in accordance with the Rules in Chapter-4 of the Rules. ### 6. Reservation. - The rules of reservation/roster as prescribed by the State Government shall be applicable in appointments and promotions. ### 7. Determination of Vacancies and notifying the same to the Commission. - In every calendar year, with reference to the 1st day of April, the Government shall determine the number of vacancies to be filled up in that year by direct requirement and by promotion, and the vacancies, so determined, shall be sent to the Commission. Chapter-3 Direct Recruitment ### 8. Direct Recruitment. - 75% posts of the basic grade of the service shall be filled up by direct recruitment. The Commission shall advertise the vacancies to be filled by direct recruitment through competitive examination and shall invite applications from candidates eligible for appointment to the Service. ### 9. Eligibility. - The minimum age 21 year shall be essential for the appointment to the basic grade of the Service. The maximum age limits shall be the same as may be determined from time to time by the Personnel and Administrative Reforms Department of the State Government. Minimum educational qualification shall be the same as prescribed in Schedule II of these Rules. ### 10. Examination. - The eligible candidates shall have to appear in the written examination in the following subjects:- | | | | | | --- | --- | --- | --- | | 1. | General Knowledge | - | 100 | | 2. | Mining or Geology | - | 100 | | 3. | Mineral Policy & related | - | 100 | Acts, Rules, Regulation, etc. as existing in India The minimum qualifying marks in each of the above subjects shall be as prescribed by the State Government, from time to time. ### 11. Interview. - The candidates, double in the number of the vacancies shall be selected for interview, on the basis of marks obtained at the written examination. The total marks for the interview shall be 50. No minimum qualifying marks shall be fixed for interview. ### 12. Recommendation by the Commission. (1) The Commission shall prepare a merit list on the basis of marks obtained in written examination and interview. From the merit list so prepared, the Commission shall recommend such number of candidates as requisitioned by the Department. (2) In case, equal marks being obtained by two or more candidates, weightage in the merit list will be given on the basis of the age of the candidates i.e. the candidate of higher age will be placed higher in the merit list as compared to the candidates of lower age. (3) The merit list prepared in accordance with sub-rule (i) shall have a validity period of one (1) calendar year only. (4) Unfilled vacancies due to lack of required number of successful candidates or non-joining the posts, shall be carried forward to the next year. ### 13. Medical Examination. - Every candidate selected for appointment shall have to undergo a medical examination by Medical Board constituted by the State Government. A candidate who fails to satisfy the Medical board regarding his/her physical fitness, necessary for efficient performance of the duties of the post, shall not be appointed. The Medical Board shall determine the objective standards for this. Chapter-4 Recruitment by Promotion ### 14. Recruitment by Promotion. (1) Recruitment by promotion under this Rule shall be strictly on seniority-cum-merit basis. (2) 25 percent posts of the basic grade of the Service shall be filled up by promotion from the cadre of the Mines Inspector of the Department. (3) Such an appointment by promotion shall be made on the recommendation of the Departmental Promotion Committee constituted under the Chairmanship of Chairman/member of the Commission. (4) The Rules of reservation/roster as determined by the State Government for promotion shall essentially be complied. (5) It shall be essential to complete the Kalawadhi (qualifying period) as prescribed by State Government (Personnel & Administrative Deptt.) from time to time for promotion. ### 15. Pay. - Pay Scales of various categories of posts shall be the same as prescribed by the State Government or their corresponding revised Scales announced by the Government from time to time. Chapter-5 Confirmation ### 16. Probation. (1) Every Officer appointed against a substantive vacancy in the basic grade, shall remain on probation for a period of two years from the date of joining to the post: Provided that the period during which a person has held that post in officiating or temporary capacity, for at least two years, that period may be allowed by the Department to be counted towards the period of probation. (2) In case of service being unsatisfactory during the probation period, such period may be extended by one year. In case service is found not satisfactory even in the extended period, the Governor may, during or at the end of the period of probation, terminate the appointment of an officer directly recruited to the service or revert a promoted officer to his/her post of substantive appointment. (3) Upon confirmation to the service, the period of probation shall be included in the total service of the officer. ### 17. Departmental Examination. - No person shall be eligible for promotion from basic grade to a higher post unless he has passed the final departmental examination, completed the prescribed training and is confirmed. Syllabus : Syllabus for Departmental examination will be as prescribed in Schedule-III. ### 18. Training. - The member of this Service shall have to complete the training for such period, within or outside the state, as may be prescribed by the State Government. ### 19. Confirmation. (1) An officer appointed on probation shall be confirmed at the completion of the period of probation and after passing the departmental examination and after completion of prescribed training. (2) Next annual increment after the first increment shall not be granted to any person appointed, unless he/she passes the departmental examination. Chapter-6 Cadre Promotion ### 20. Promotion. - Promotion under this Rule shall be strictly on seniority-cum-merit basis. All posts, above the basic grade of the Service shall be filled up by promotion from the members of the Service. (i) Qualifying Service. - No officer shall be eligible for promotion unless he/she completes minimum qualifying period (Kalawadhi) as determined from time to time by Personnel & Administrative Reforms Deptt. of the State Government. (ii) Departmental Promotion Committee. - (a) There shall be Departmental Promotion Committee for considering promotion to the posts of Asstt. Director, Dy. Director and Addl. Director. (b) The post of Director shall be filled up from the officers of Mines & Geology Service on the recommendation of DPC constituted under the Chairmanship of Chairman/Member of the Commission: Provided that in case of administrative exigencies the post of Director may temporarily be filled up by the other services also. Chapter-7 General ### 21. Contract regarding area of work. (1) Any member of this Service shall be posted in any department of the Government and anywhere in or outside the State of Bihar. (2) The State Government shall have the powers to post or depute any member of this service to any ex-cadre post in accordance with his/her seniority. ### 22. Administrative Control of the Director. - When the Service of a member is under the Directorate, Director shall exercise such powers over the members as are generally exercised by heads of departments in the State Government. ### 23. Other Conditions of Service. - Other conditions of Service applicable to this Service such as, disciplinary action, leave, retirement benefits, etc. not covered by these Rules shall be governed by the relevant rules framed for employees and officials of the State Government. ### 24. The Difficulty/difficulties arising in the implementation of these Rules may be removed by orders notified in Official Gazette. ### 25. Repeal and Saving. - Prevailing Rules/resolutions/instructions for Mining Cadre and Geology Cadre shall deemed to be repealed from the date of enforcement of these Rules. Notwithstanding such repeal, action already taken in pursuance of rules, instructions, resolutions issued earlier shall deemed to be taken under these Rules. I --- Composition of the Cadre and the Number of posts. (A) Posts of Basic Scale-Mineral Development Officer : Scale of -Pay -6,500-10,500 | | | | | | --- | --- | --- | --- | | Sl. No. | Designation | No. of Posts | Place of Posting | | 1. | Mineral Development Officer | 25 | Dist level/ Divisional Level/ Hq. Level | (B) Posts in the category of Asstt. Director: Scale of Pay 10,000-15,200 | | | | | | --- | --- | --- | --- | | 1. | Asstt. Director | 11 | Dist level/Divisional level/Hq. Level | | | Total | 11 | | (C) Posts in the category of Dy. Director: Scale of Pay 12,000-16,500 | | | | | | --- | --- | --- | --- | | 1. | Dy. Director | 8 | Divisional level/Hq. level | (D) Posts in the category of Addl. Director: Scale of Pay 14,300-18,000 | | | | | | --- | --- | --- | --- | | 1. | Addl. Director | 01 | Headquarters | (E) Post in the category of Director, Mines & Geology: 01 - Scale of Pay 16,400-20,000 | | | | | | --- | --- | --- | --- | | 1. | Director/HOD | 01 | Headquarters | | | | --- | | Total Strength of the cadre (excluding leave reserve of 5%) | | (i) | Mineral Development Officer | - | 25 | | (ii) | Assistant Director | - | 11 | | (iii) | Dy. Director | - | 8 | | (iv) | Addl. Director | - | 1 | | (v) | Director | - | 1 | | | Total: | - | 46 | | | Leave reserve | | 2 | | | Total | | 48 | Note :-The Government, by Notification in the Official Gazette, may redetermine the no. of posts and pay scales of the above cadre. II ---- Qualification for direct recruitment to the Basic grade of the Bihar Mines & Geology Service will be Mineral Development Officer :-2nd Class, M.Sc. Degree in Geology/ Applied Geology/M. Tech. in Geology/Degree in Mining Engineering. III ----- Syllabus for Departmental Examination | | | | --- | --- | | Part-I (General Rules) | Full Marks-100 | (i) Bihar T.A. Rules (ii) Bihar State Government Service Conduct Rules. (iii) Bihar Treasury Code Volume I & II. (iv) Bihar Service Code. (v) Bihar Pension Rules. (vi) Bihar Provident Fund Rules. | | | | --- | --- | | Part-II (Act & Rules relating to Mines & Revenue) | Full Marks-100 | (i) MMRD Act, 1957. BMMC Rules 1972, B.M. (illegal Mining & Storage) Rules, 2003. (ii) Bihar & Orissa Public Demand Recovery Act 1914.
65ba8817ab84c7eca86ebf18
acts
Union of India - Act ---------------------- The Excise (Spirits) Act, 1863 -------------------------------- UNION OF INDIA India The Excise (Spirits) Act, 1863 ================================ Act 16 of 1863 ---------------- * Published on 10 March 1863 * Commenced on 10 March 1863 The Excise (Spirits) Act, 1863 Act No. 16 of 1863 [As on 1958] ### 1856. This Bill is supplemental to that part of the Bill lately introduced to amend the law relating to the Duties of Customs on Goods imported and exported by sea, which provides that Spirits so imported exclusively for the purposes of Arts and Manufactures or Chemistry shall be admitted at a less rate of Duty than Spirits similarly imported for human consumption as a beverage......... The present Bill proposes to place homemade Spirits intended to be used exclusively in Arts and Manufactures or in Chemistry, on the same footing, as respects Duty, as methylated Spirits exported by Sea for similar purposes and to render them liable to a Duty of 10 [now not exceeding five] per cent, ad valorem, instead of the comparatively high rate per gallon now charged. The Bill also contains what appear to be suitable provisions to prevent frauds upon the Revenue consequent upon the proposed relaxation of the existing law." Calcutta Gazette, 1862, p. 4063. [10th March, 1863.] An Act to make special provision for the levy of the Excise-duty payable on Spirits used exclusively in Arts and Manufactures or in Chemistry. WHEREAS it is expedient to make special provision for the levy of the excise-duty payable on spirits used exclusively in arts and manufactures or in chemistry; It is enacted as follows :- ### 1. Duty payable on removal of such spirits from distillery. - Spirits intended to be used exclusively in arts and manufactures or in chemistry may be removed from any licensed distillery in any [State] [Substituted by the A.O. 1950, for "Province" which had been Substituted by the A.O. 1948, for part of British India.] on payment of duty [not exceeding five] [Substitution by th Indian Tariff Act, 1894, (8 of 1894), section 6, for "calculated at ten".] per cent. on the value of the spirits : Proviso : Provided that no spirits shall be so removed until they have been effectually and permanently rendered unfit for human consumption. ### 2. Rules of ascertaining that spirits to be removed have been rendered unfit for human consumption, etc. - [In each [State] [Inserted by the A.O. 1937.] ] the Board of Revenue, or other authority specially authorized in that behalf by the [Central Government] [Substituted for "Local Government", by A.O., 1937.] , shall prescribe from time to time, subject to the approval of the [Central Government] [Substituted for "Local Government", by A.O., 1937.] rules- for ascertaining and determining that spirits proposed to be removed for the purposes aforesaid have been effectually and permanently rendered unfit for human consumption, as required by section 1 of this Act; for causing such spirits to be so rendered, if necessary, by its own officers at the expense of the person who wishes to remove them; and for fixing the value of the spirit on which the ad valorem duty shall be levied. ### 3. Penalty for breach of such rules. - Every person who shall wilfully contravene any rule prescribed by the Board of Revenue, or other authority as aforesaid, under the last preceding section of this Act, shall be liable on conviction before any officer exercising the powers of a Magistrate to a penalty not exceeding five hundred rupees for every such offence. ### 4. Penalty for attempting to render fit for human consumption spirits removed under Act. - Every person who shall attempt, or shall connive at an attempt, to render fit for human consumption, spirits removed from a distillery under the provisions of this Act, shall be liable to a penalty not exceeding one thousand rupees; and the possessor of such spirits on which such attempt has been made, or which may have been rendered fit for human consumption, shall be liable on conviction before any officer exercising the powers of a Magistrate to a penalty not exceeding five hundred rupees. ### 5. Penalty how levied. - Any penalty imposed under either of the last two preceding sections may in case of non-payment be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand of the officer by whom such penalty was imposed. ### 6. In case of non-payment of penalty, offender may be detained pending return to distress warrant. - In case any such penalty shall not be forth with paid, any such officer may order the offender to be apprehended and detained in safe custody, until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such officer for his appearance at such place and time as shall be appointed for the return of the warrant of distress. ### 7. Imprisonment of offender in case of failure to recover penalty by distress. - If upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such penalty, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such officer by the confession of the offender or otherwise that he has not sufficient goods and chattels whereupon such penalty could be levied if a warrant of distress were issued,-- any such officer may by warrant under his hand commit the offender to the civil jail, there to be imprisoned, according to the discretion of such officer, for any term not exceeding two calendar months when the amount of penalty shall not exceed fifty rupees, and for any term not exceeding four calendar months, when the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount. ### 8. Provisions of section 11, Act 3 of 1852, relating to adulteration, not to apply to spirits rendered unfit for consumption under Act. - Repealed by the Repealing and Amending Act, 1891 (12 of 1891), S.2 and Schedule I, Part I. ### 9. Confiscation in cases of conviction under section 3 or 4. - In every case of conviction under section 3 or section 4 of this Act the liquor of spirits with the cask or vessel containing the same, and the cart, boat and animal or animals employed in carrying such liquor or spirit, shall be liable to confiscation.
65ba1590ab84c7eca86ea9a3
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Bombay Presidency - Act ------------------------- Bombay Cotton (Statistics) (Extension) Act, 1960 -------------------------------------------------- BOMBAY PRESIDENCY India Bombay Cotton (Statistics) (Extension) Act, 1960 ================================================== Act 4 of 1961 --------------- * Published on 1 January 1961 * Commenced on 1 January 1961 Bombay Cotton (Statistics) (Extension) Act, 1960 Maharashtra Act No. 4 of 1961 Statement of Objects and Reasons. - The Bombay Cotton (Statistics) Act, 1946, provides for facilitating the collection of statistics of stocks of Indian raw cotton and for that purpose requires every owner of a cotton-ginning factory or a cotton pressing factory and every trade in cotton to furnish to the Director of Agriculture returns of cotton in his possession in accordance with the provisions of the Act. The Central Provinces and Berar Cotton (Statistics) Act, 1947, was a corresponding law in force in the Vidarbha area of the State. There was, however, no such enactment in force in the Marathwada area of the State. It was therefore necessary to enact a uniform law on the subject. This Act is designed to achieve the above object. For Statement of Objects and Reasons, See Maharashtra Government Gazette, 1960, Part V, p. 158. An Act to extend the Bombay Cotton (Statistics) Act, 1946, throughout the State of Maharashtra. Whereas it is expedient to extend the Bombay Cotton (Statistics) Act, 1946, throughout the State of Maharashtra: It is hereby enacted in the Eleventh Year of the Republic of India as follows :- ### 1. Short title. - This Act may be called the Bombay Cotton (Statistics) (Extension) Act, 1960. ### 2. Extension of Bombay Act XXVII of 1946 to rest of Maharashtra State. - The Bombay Cotton (Statistics) Act, 1946, as in force immediately before the commencement of this Act in the Bombay area of the State of Maharashtra is hereby extended to, and shall by virtue of such extension be in force in, the rest of the State of Maharashtra. ### 3. to 5. [\* \* \*] [The amendments made by sections 3-5 have been incorporated in the Bombay Cotton (Statistics) Act, 1946.] ### 6. Repeal of C.P. and Berar Act XL of 1947. - The Central Provinces and Berar Cotton (Statistics) Act, 1947, is hereby repealed : Provided that, the repeal shall not affect - (a) the previous operation of the said Act; (b) any light, obligation or liability acquired, accrued or incurred under the said Act; (c) any penalty or punishment incurred in respect of any offence committed against the said Act; (d) any investigation, legal proceeding or remedy in respect of any such right, obligation, liability, penalty or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed, as if this Act had not been passed : Provided further that, subject to the preceding proviso, anything done or any action taken (including any returns submitted, any authorisation or direction issued, exemptions granted, rules or notifications made or issued) under the said Act, shall be deemed to have been done or taken under the corresponding provision of the principal Act; and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the principal Act.
65b951acab84c7eca86e8dd0
acts
State of Himachal Pradesh - Act --------------------------------- Himachal Pradesh Restriction of Habitual Offenders Act, 1973 -------------------------------------------------------------- HIMACHAL PRADESH India Himachal Pradesh Restriction of Habitual Offenders Act, 1973 ============================================================== Act 9 of 1974 --------------- * Published on 13 April 1974 * Commenced on 13 April 1974 Himachal Pradesh Restriction of Habitual Offenders Act, 1973 (Act No. 9 of 1974) Last Updated 11th June, 2020 [Dated 13.4.1974.] For Statement of Objects and Reasons, see he Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7th April, 1973, p. 523. An Act to restrict the movements of habitual offenders in Himachal Pradesh and to require them to report themselves. Be it enacted by the 1egislative Assembly of Himachal Pradesh in the Twenty-fourth Year of the Republic of India as follows: - ### 1. Short title, extent and commencement. (1) This Act may be called the Himachal Pradesh Restriction of Habitual Offenders Act, 1973. (2) It extends to whole of Himachal Pradesh. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (i) "Government" means the Government of Himachal Pradesh; (ii) "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure (5 of 1898) for the time being in force; (iii) "Official Gazette" means Rajpatra, Himachal Pradesh; (iv) "Order of Restriction" means any order issued in pursuance of section 8 or other provisions of this Act. ### 3. Scope of order of restriction. - An order of restriction may either restrict a person in him movements to any areas specified in the order, or require a person to report himself at such time, at such place, and in such mode, as may be specified therein, or both. ### 4. Order of restriction against habitual offenders. (1) In any case in which a Magistrate may, under the provisions of section 110 of the Code of Criminal Procedure, 1898 (5 of 1898), require a person to show cause why he should not be ordered to execute a bond for his good behaviour, the Magistrate may in lieu of or in addition to so doing require such person to show cause why an order of restriction should not be made against him. (2) If the Magistrate in addition to requiring such person to show cause why he should not be ordered to execute a bond for his good behaviour, requires him to show cause why an order of restriction should not be made against him, the proceedings in respect of the order of restriction may be taken jointly with the proceedings in respect of security and may be entered in and from part of the same record. ### 5. Procedure for making order of restriction. - When a Magistrate deems it necessary to require a person to show cause why an order of restrictions should not be made against him, he shall follow, as nearly as may be, the procedure laid down in sections 112, 113, 114, 115 and 117 of the Code of Criminal Procedure, 1898 (5 of 1898) : Provided that - (a) the order in writing referred to in section 112 of the said Code (5 of 1898) shall in addition to setting forth the substance of the information received state the term not exceeding three years during which the order of restriction shall be in force, but it need not state whether the order of restriction shall be an order restricting the person to any area or requiring him to report himself or doing both; and (b) for the purposes of sub-section (2) of section 117 of the said Code an order of restriction shall be deemed to be equivalent to an order requiring security for good behaviour. ### 6. Issue of warrant in lieu of or in addition to summons. - The provisions of section 90 of the Code of Criminal Procedure, 1898 (5 of 1898), shall be applicable to proceedings under this Act, as if they were proceedings under the said Code. ### 7. Discharge of person informed against. - If upon enquiry made in accordance with the preceding sections the Magistrate is of opinion that no order of restriction is necessary, the Magistrate shall make an entry to that effect on the record, and if he does not order the execution of a bond for good behaviour he shall, if such person is in custody only for purposes of the enquiry, release him, or if such person is not in custody, discharge him. ### 8. Making of order of restriction and specifying particulars therein. (1) If upon enquiry, as aforesaid, the Magistrate is of opinion that an order of restriction should be made against any person in respect of whom the enquiry is being made, the Magistrate shall make an order accordingly. (2) (a) In his order under this section the Magistrate shall state whether the said person shall be restricted in his movements, or shall be required to report himself, or both. (b) The order under this section shall conform to any rules made by the Government under section 17 and shall specify the area and the nature of the restrictions to be imposed and the places and the times and mode of report, as the case may be. (3) No order of restriction shall be for a term exceeding three years or for a term longer than that specified in the order under section 5. ### 9. Order of restriction under section 123 (3) and section 565 of the Code of Criminal procedure. (1) An order passed by a Session Judge under sub-section (3) of section 123 of the Code of Criminal Procedure, 1898 (5 of 1898) may be in addition to an order of restriction for the same or a less period. (2) In any case in which a court or Magistrate is empowered to take action against any convicted person under section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), such court or Magistrate may, if it or he thinks fit at the time of passing sentence on such person and in lieu of passing an order under the said section, make an order of restriction against such person for a period not exceeding three years from the date of the expiry of such sentence. (3) If such conviction is set aside on appeal or otherwise, such order shall become void. ### 10. Means of livelihood within area of restriction and change of area where means of livelihood are insufficient. (1) No order shall be made restricting any person to any area unless the court or Magistrate making the order is satisfied that such person has adequate means of earning his livelihood within the area of restriction : Provided that before making such order the court or Magistrate shall record and consider any objection which such person may urge in regard to the area proposed. (2) If at any time any person against whom an order of restriction has been passed under this Act satisfies the court or Magistrate passing the order or the District Magistrate that he has no sufficient means of earning his livelihood within the area to which he is restricted, the court or Magistrate shall change the area. ### 11. Power to cancel order of restriction. - The District Magistrate may, at any time, for sufficient reasons to be recorded in writing, cancel any order of restrictions passed by any court having jurisdiction in his district. ### 12. Power to vary area of restriction. - The District Magistrate may, at any time, change the area to which the movements of any person have been restricted by an order of restriction passed under this Act: Provided that such person shall be given an opportunity of showing cause why such changes should not be made. ### 13. Power to add order of restriction to bound for good behaviour. - When an order requiring security for good behaviour has been made against any person under section 1 18 of the Code of Criminal Procedure, 1898 (5 of 1898), by any court whether before or after this Act comes into force, the District Magistrate may, at any time before the period of security has expired make in addition an order of restriction : Provided that - (a) the period of the order of restriction shall not exceed the unexpired period of security; and (b) no order of restriction shall be passed against any person under this section until he has been given an opportunity of showing cause why such order should not be passed. ### 14. Appeal. - Any person against whom an order of restriction has been passed under this Act may appeal against such order to the Court of Sessions to have the order set aside. ### 15. Applicability of the Code of Criminal Procedure to appeals and revisions. - The provisions of the Code of Criminal Procedure, 1898, shall be applicable to appeals and petitions of revision under this Act as if they were appeals and petitions of revision presented under the said Code. ### 16. Arrest of persons found beyond prescribed Emits. (1) If any person against whom an order of restriction under this Act has been passed is found in any place beyond the area to which his movements have been restricted, without the pass prescribed by the rules made under this Act, or at a time or in a place not permitted by the conditions of his pass, he may be arrested without warrant by any police officer, member Panchayat, village headman or village watchman. (2) Any person, not being a police officer, making an arrest under this section shall without unnecessary delay make over the person so arrested to a police officer or in the absence of a police officer take or send such person to the nearest police station. ### 17. Power to make rules. (1) The State Government may 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 the Government may make rules to provide for and regulate,- (i) the areas to which persons may be restricted under this Act and the nature of the restrictions to be observed by them; (ii) the times and places at which and he mode in which persons shall report themselves when required to do so under this Act; (iii) the conditions as to holding passes under which persons may be permitted to leave the area to which their movements have been restricted; and (iv) the conditions to be inserted in any such pass in regard to- (a) the place to which the holder of the pass may or may not go; (b) the persons before whom from time to time he shall be bound to present himself; and (v ) the time during which he may be absent. (3) All rules made under this section shall be published in the Official Gazette. (4) Every rule 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 in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the 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. ### 18. Penalties. (1) Whoever being a person against whom an order of restriction under this Act has been passed, violates such order or any rule made under this Act, shall on conviction by a Magistrate of the first class be punished- (a) on a first conviction, with imprisonment of either description for a term which may extend to one year, or with fine or with both; (b) on a second conviction, with imprisonment of either description for a term which may extend to two years; (c) on any subsequent conviction, with imprisonment of either description for a term which may extend to three years. (2) In computing the period for which an order of restriction shall remain in force, any period of imprisonment undergone in execution of a sentence passed under sub-section (1) shall be excluded. ### 19. Repeal and savings. - The Restriction of Habitual Offenders (Punjab) Act, 1918 (5 of 1918)) 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 any order made, notification or direction issued, anything done or any action taken or any proceedings commenced or continued under the said Act, shall be deemed to have been made, issued, done, taken, commenced or continued under the corresponding provisions of this Act.
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Union of India - Act ---------------------- Immigration (Carriers' Liability) Rules, 2007 ----------------------------------------------- UNION OF INDIA India Immigration (Carriers' Liability) Rules, 2007 =============================================== Rule IMMIGRATION-CARRIERS-LIABILITY-RULES-2007 of 2007 -------------------------------------------------------- * Published on 9 February 2007 * Commenced on 9 February 2007 Immigration (Carriers' Liability) Rules, 2007 Published vide Notification Gazette of India, Extra; Part 2, Section 3(i) , dated 9.2.2007 ### 1621. G.S.R. 73(E) , dated 8th February, 2007.- In exercise of the powers conferred by Section 8 of the Immigration (Carriers Liability) Act, 2000 (52 of 2000), the Central Government hereby makes the following rules, namely: ### 1. Short title and commencement.- (1) These rules may be called the 'Immigration (Carries' Liability) Rules, 2007. (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 Immigration (Carriers' Liability) Act, 2000 (52 of 2000); (b) Words and expressions used herein and not defined but defined in the Act have the meanings respectively assigned to them in the Act. ### 3. Fees for appeal.- (1) The carrier or his agent or representative shall pay a fee of rupees one thousand in the form of a Bank Draft drawn in favour of the competent authority for filing an appeal against the order. (2) The said competent authority shall keep an account of all the amount received as fees which shall be credited to the Budgetary Head of the Ministry of External Affairs under the Head "0070"-Other Administrative Services-60 Other Services-117-visa fee. 4. Deposit of Penalty amount :- The penalty imposed under Section 3 of the Act shall be deposited through a Bank Draft drawn in favour of the Foreigners Regional Registration Officer or the Foreigners Registration Officer shall keep an account thereof which shall be credited tot he Budgetary Head of the Ministry of External Affairs under the Head '0070-Other Administrative Services-60-Other Services-117-visa fee.' ### [5. Address for filing appeals :- The appeal as prescribed in sub-section (1) of Section 4 of the Act shall lie to the Joint Secretary to the Government of India in the Ministry of Home Affairs, Jaisalmer House 26 Man Singh Road, New Delhi-110011.] [Inserted by Notification No. G.S.R. 416 (E) dated 14.5.2010 (w.e.f. 9.2.2007)]
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Union of India - Act ---------------------- Convention between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and capital gains ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Convention between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and capital gains ================================================================================================================================================================================================================================== Rule CONVENTION-BETWEEN-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-INDIA-AND-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-NAMIBIA-FOR-THE-AVOIDANCE-OF-DOUBLE-TAXATION-AND-PREVENTION-OF-FISCAL-EVASION-WITH-RESPECT-TO-TAXES-ON-INCOME-AND-CAPITAL-GAINS of 1999 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 8 March 1999 * Commenced on 8 March 1999 Convention between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and capital gains Published vide Notification No. G.S.R. 196(E) , dated 8th March, 1999 Ministry of Finance (Department of Revenue) (Foreign Tax Division) Income-Tax G.S.R. 196(E) . - Whereas the convention stated in the Schedule below, between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains has entered into force on the 22nd January, 1999, on the notification by both the Contracting States to each other of the completion of the procedures as required by Article 29 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 Convention stated in the Schedule shall be given effect to in the Union of India. Schedule ---------- The Government of the Republic of India and the Government of the Republic of Namibia, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, 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. The taxes to which this Convention shall apply are: (a) in Namibia: (i) the income-tax; (ii) the non-resident shareholders' tax; and (iii) the petroleum income-tax; (hereinafter referred to as "Namibian tax"); (b) in India: income-tax (including any surcharge thereon) (hereinafter referred to as "Indian tax"). ### 2. This 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 1. The competent authorities of the Contracting States shall notify each other of any substantial changes which have been made in their respective taxation laws, and if it seems desirable to amend any article of this Convention without affecting the general principles thereof, the necessary amendments may be made by mutual consent. Article 3 General Definitions ### 1. For the purposes of this Convention, unless the context otherwise requires: (a) the term "Namibia" means the Republic of Namibia and when used in a geographical sense, includes the territorial sea as well as the exclusive economic zone and the continental shelf, over which Namibia exercises sovereign rights in accordance with its internal law and subject to international law, concerning the exploration and exploitation of the natural resources of the sea-bed and its sub-soil and the superjacent waters; (b) the term "India" means the territory of India and includes 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 UN Convention on the Law of the Sea, 1982; (c) the terms "a Contracting State", and "the other Contracting State" means Namibia or India, as the context requires; (d) the term "person" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States; (e) the term "company" means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean 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; (g) the term "international traffic" means any transport by ship or aircraft operated by an enterprise which has its place of effective management in a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; (h) the term "national" means: (i) any individual possessing the citizenship of a Contracting State; (ii) any legal person, partnership and association deriving its status as such from the law in force in a Contracting State; (i) the term "competent authority" means: (i) in the case of Namibia, the Permanent Secretary in the Ministry of Finance who is the Chief Executive Officer and Administrator of Namibian Tax Laws or his or her authorised representative; (ii) in the case of India, the Central Government in the Ministry of Finance (Department of Revenue) or its authorised representative; (j) the term "tax" means Indian tax or Namibian tax, as the context requires, but shall not include any interest or 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. ### 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 this Convention applies. Article 4 Resident ### 1. For the purposes of this Convention, the term "resident of a Contracting State" means any individual who is ordinarily resident, or has his or her domicile in that State and any company or other body of persons which has its place of effective management or incorporation in that State. ### 2. Where by reason of the provisions of paragraph 1, an individual is a resident of both Contracting States, then his or her status shall be determined as follows: (a) he or she shall be deemed to be a resident of the State in which he or she has a permanent home available to him or her; if he or she has a permanent home available to him or her in both States, he or she shall be deemed to be a resident of the State with which his or her personal and economic relations are closer (centre of vital interests); (b) if the State in which he or she has his or her centre of vital interests cannot be determined, or if he or she has not a permanent home available to him or her in either State, he or she shall be deemed to be a resident of the State in which he or she has a habitual abode; (c) if he or she has a habitual abode in both States or in neither of them, he or she shall be deemed to be a resident of the State of which he or she is a national; (d) if he or she 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. In case of doubt 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) an installation or structure used for the exploration of natural resources, provided that the installation or structure continues for a period of not less than six months; (h) a warehouse, in relation to a person providing storage facilities for others; and (i) in the case of Namibia, a guest farm or other operation of a similar nature; ### 3. The term "permanent establishment" likewise encompasses: (a) a building site, a construction, assembly or installation project or supervisory activities in connection therewith, but only where such site, project or activity continues for a period of more than six months; or (b) the furnishing of services, excluding those referred to in Article 14, by an enterprise of a Contracting State through employees or other personnel engaged in the other Contracting State, provided that such activities continue for the same project or a connected project for a period or periods aggregating more than six months within any twelve months period. ### 4. 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 or the occasional delivery 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, display or occasional delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprises 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. ### 5. Notwithstanding the provisions of paragraphs 1, and 6, where a person other than an agent of an independent status to whom paragraph 6 applies is acting in a Contracting State 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 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 4 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 nevertheless maintains habitually in the first-mentioned Contracting State a stock of goods or merchandise from which he or she regularly delivers goods or merchandise on behalf of the enterprise. ### 6. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other 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 or she 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 be also 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 and aircrafts 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 5 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. ### 5. Where the ownership of shares or other rights in a company or legal person entitles the owner to the enjoyment of immovable property situated in a Contracting State and held by that company or legal person, income derived by the owner from the direct use, letting or use in any other form of his or her right of enjoyment may be taxed in that State. The provisions of this paragraph shall apply notwithstanding the provisions of Article 7 or 15. 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 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, there shall, in each Contracting State, be attributed to that permanent establishment the pro fits 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 determination of the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the business of 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 laws of that State. However, no such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to. the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, for amounts charged (otherwise than towards reimbursement of actual expenses), by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in the case of a banking enterprise by way of interest on moneys lent to the head office of the enterprise or any of its other offices. ### 4. In so far as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary. The method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. ### 5. 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. ### 6. 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 reason to the contrary. ### 7. 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 Air Transport ### 1. Profits from the operation or charter of ships or aircraft in international traffic and the rental of containers and related equipment which is incidental to the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. ### 2. If the place of effective management of a shipping enterprise is aboard a ship or boat, then it shall be deemed to be situated in the Contracting State in which the home harbour of the ship or boat is situated, or, if there is no such home harbour, in the Contracting State of which the operator of the ship or boat is resident. ### 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 per cent. 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 of all kinds 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 15, as the case may be, shall apply. Article 11 Interest ### 1. Interest 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 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. ### 3. Interest arising in a Contracting State shall be exempt from tax in that State provided it is derived and beneficially owned by: (a) the Government, a political sub-division or a local authority of the other Contracting State; or (b) such agency or instrumentality of the Government of the other Contracting State as may be agreed in writing between the competent authorities of both the 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 profit, 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 2 and 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 a case the provisions of Article 7 or 15 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 sub-division, a local authority or a resident of that State. Where, however, the person paying the interest, whether he or she 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 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 ### 1. Royalties 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 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, the tax so charged shall not exceed 10 per cent. of the gross amount of the royalties. ### 3. 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 used for radio or television broadcasting, any patent, trade mark, design or model, computer programme, plan, secret formula or process, or for the use of or the right to use industrial, commercial or scientific equipment involving a transfer of know-how or for information concerning industrial, commercial or scientific experience. ### 4. The provisions of paragraphs 1 2 and shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties 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 of property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply. ### 5. Royalties shall be deemed to arise in a Contracting State when the payer is that State itself, a political sub-division, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he or she 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 was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties 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 royalties 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, or from the alienation of shares in a company the assets of which consist principally of such property, 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 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 the Contracting State in which the place of effective management of the enterprise is situated. ### 4. Gains from the alienation of shares or similar rights being shares in a company, the assets of which consist principally of immovable property situated in a Contracting State, may also be taxed in that State. Gains from the alienation of an interest in a partnership, trust or estate, the property of which consists principally of immovable property situated in a Contracting State, may also be taxed in that State. ### 5. Gains derived by a resident of a Contracting State from the sale, exchange or other disposition, directly or indirectly, of shares other than those mentioned in paragraph 4, or similar rights in a company which is a resident of the other Contracting State may also be taxed in that other State. ### 6. Gains from the alienation of any property other than that referred to hereinabove, shall be taxable only in the Contracting State of which the alienator is a resident. Article 14 Fees for Technical Services ### 1. Fees for technical services arising in a Contracting State which are derived by a resident of the other Contracting State may be taxed in that other State. ### 2. However, such 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 fees for the technical services, the tax so charged shall not exceed 10 per cent. of the gross amount of such fees. ### 3. The term "fees for technical services" as used in this article means payment of any kind to any person, other than to an employee of the person making the payments, in consideration for any services of a technical, managerial or consultancy nature. ### 4. The provisions of paragraphs 1 and 4 shall not apply if the beneficial owner of the fees for technical services, being a resident of a Contracting State carries on business in the other Contracting State in which the fees for technical services arise through a permanent establishment situated therein, or performs in that other State independent personal services, and the fees for the technical services are effectively connected with such permanent establishment or such services. In such case, the provisions of Article 7 or 15, as the case may be, shall apply. ### 5. Fees for technical services shall be deemed to arise in a Contracting State when the payer is that State itself, a political sub-division, a local authority or a statutory body thereof, or a resident of that State. Where, however, the person paying the fees for technical services, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the obligation to pay the fees for technical services was incurred, and such fees for technical services are borne by that permanent establishment, then such fees for technical services shall be deemed to arise in the Contracting State in which the permanent establishment is situated. ### 6. Where, by reason of a special relationship between the payer and the recipient or between both of them and some other person, the amount of the fees paid for technical services, exceeds for whatever reason, 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 law of each Contracting State due regard being had to the other provisions of this Convention. Article 15 independent Personal Services ### 1. Income derived by an individual who is 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. Such income may also be taxed in the other Contracting State if:- (a) the individual has a fixed base regularly available to him or her in that other State for the purpose of performing his or her activities, but only so much thereof as is attributable to that fixed base; or (b) the individual is present in that other State for a period or periods exceeding in the aggregate 183 days within any period of 12 months, but only so much thereof as is attributable to services performed in that State. ### 2. The term "professional services" includes especially independent scientific, literary, artistic, educational or teaching activities as well as independent activities of medical practitioners, lawyers, engineers, architects, dentists and accountants. Article 16 Dependent Personal Services ### 1. Subject to the provisions of Articles 17, 19, 20 and 21 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 there from 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 within any period of 12 months 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 by a resident of a Contracting State in respect of an employment exercised aboard a ship or aircraft operated in international traffic may be taxed in the Contracting State in which the place of effective management of the enterprise is situated. Article 17 Directors' Fees Directors' fees and other similar payments derived by a resident of a Contracting State in his or her 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 18 Artistes and Sportspersons ### 1. Notwithstanding the provisions of Articles 15 and 16, income derived by a resident of a Contracting State as an artiste, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson from his or her 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 artiste or a sportsperson in his or her capacity as such accrues not to the artiste or sportsperson but to another person, that income may, notwithstanding the provisions of Articles 7, 15 and 16 be taxed in the Contracting State in which the activities of the artiste or sportsperson are exercised. ### 3. Notwithstanding the provisions of paragraphs 1 and 2, income derived by an artiste or sportsperson from his or her personal activities as such shall be exempt from tax in the Contracting State in which these activities are exercised if the activities are exercised within the framework of a visit which is substantially supported by the other Contracting State, a political sub-division, a local authority or a public institution thereof. Article 19 Pensions and Annuities ### 1. Subject to the provisions of paragraph 2 of article 20, pensions and other similar remuneration for past employment or any annuity arising in a Contracting State and paid to a resident of the other Contracting State, shall be taxable only in the first mentioned State. ### 2. The term "annuity" means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time under an obligation to make the payments in return for adequate and full consideration in money or money's worth. Article 20 Government Service ### 1. (a) Remuneration, other than pension, paid by a Contracting State or a political sub-division or a local authority thereof to an individual in respect of services rendered to that State or sub-division 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 other 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. Any pension paid by, or out of funds created by, a Contracting State or a political sub-division or a local authority thereof, to an individual in respect of services rendered to that State or sub-division or authority shall be taxable only in that State; ### 3. The provisions of Articles 16, 17 and 19 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 sub-division or a local authority thereof. Article 21 Professors, Teachers and Students ### 1. Remuneration received for educational or scientific research by an individual who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State for the purpose of scientific research or for teaching at an educational institution shall be exempt from tax in the first-mentioned State. This exemption shall be granted for a period that shall not exceed two years from the date on which the teacher or researcher first entered the first-mentioned State for the purposes of engaging in scientific research or for teaching. This article shall not apply to income from research if such research is undertaken not in the public interest but primarily for the private benefit of a specific person or persons. ### 2. (a) Payments which a student or a business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. (b) Payments which a student or business apprentice receives as remuneration from employment in the first-mentioned State shall be exempted from ' tax in the first-mentioned State. This benefit 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 benefit of this provision for more than three consecutive years from the date of his or her first arrival in the first mentioned Contracting State. Article 22 Other Income Items of income not dealt with in the foregoing articles of this Convention and derived from sources within a Contracting State shall be taxable only in that State. Article 23 Elimination of Double Taxation ### 1. In Namibia, double taxation shall be eliminated as follows: Where a resident of Namibia derives income or capital gains from India, the amount of tax on that income or gains payable whether directly or by deduction, in India in accordance with the provisions of this Convention, may be credited against the Namibian tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Namibian tax on that income or gains computed in accordance with the taxation laws and regulations of Namibia. ### 2. In India, double taxation shall be eliminated as follows:- Where a resident of India derives income or capital gains from Namibia, which in accordance with the provisions of this Convention may be taxed in Namibia, then India shall allow as a deduction from the tax on the income of that resident an amount equal to the tax on income or capital gains paid in Namibia whether directly or by deduction. Article 24 Limitation of Benefits ### 1. If, in accordance with the provisions of this Convention, the right of India to tax income is limited and according to the Namibian tax laws the income is regarded as income from foreign sources and, therefore, exempted from Namibian tax, India may tax such income as if this Convention did not exist. ### 2. If, in accordance with the provisions of this Convention, the right of Namibia to tax income from Namibian sources or deemed to be from Namibian sources is limited and if such income is in accordance with the Indian tax laws not taxed in India, Namibia may tax such income as if this Convention did not exist. Article 25 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 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 of a permanent establishment which a company of the other Contracting State has in the first-mentioned State at a rate of tax which is higher than that imposed on the profits 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. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, paragraph 6 of Article 12, or paragraph 6 of Article 14 apply, interest, royalties, fees for technical services and other disbursements 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. ### 4. 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 more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State are or may be subjected. ### 5. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. Article 26 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 or her in taxation not in accordance with the provisions of this Convention, he or she may, irrespective of the remedies provided by the domestic laws of those States, present his or her case to the competent authority of the Contracting State of which he or she is a resident or, if his or her case comes under Paragraph 1 of Article 25, to that of the Contracting State of which he or she 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 laws 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. Article 27 Exchange of Information ### 1. The competent authorities of the Contracting States shall exchange such information (including documents) as are 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 if 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 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 28 Diplomatic Agents and Consular Officers Nothing in this Convention, shall affect any fiscal privileges accorded to members of diplomatic or permanent missions or consular posts under the general rules of international law or under the provisions of special agreements. Article 29 Entry into Force Each of the Contracting States shall notify to the other through diplomatic channels, the completion of the procedures required by its laws for the bringing into force of this Convention. This Convention shall enter into force on the date of the, later of these notifications and shall thereupon have effect (a) in Namibia (i) in respect of taxes withheld at source, for amounts paid or created on or after the first day of March in the calendar year next following that in which this Convention enters into force; and (ii) in respect of other taxes, for any year of assessment beginning on or after the first day of March in the calendar year next following that in which the Convention enters into force. (b) in India: (i) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of April in the calendar year next following that in which the Convention enters into force; and (ii) in respect of other taxes, for any fiscal year beginning on or after the first day of April in the calendar year next following that in which the Convention enters into force; Article 30 Termination ### 1. This Convention shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of, a y calendar year beginning after the expiry 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 Namibia: (i) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of March in the calendar year next following that in which the notice is given; and (ii) in respect of other taxes, for any year of assessment beginning on or after the first day of March in the calendar year next following that in which the notice is given; (b) in India: (i) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of April in the calendar year next following that in which the notice is given; and (ii) in respect of other taxes, for any fiscal year beginning on or after the first day of April in the calendar year next following that in which the notice is given; In witness whereof the undersigned, duly authorised thereto, have signed this Convention. Done in duplicate at New Delhi, this 15th day of February 1997, in the English and Hindi languages, both the texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail. | | | | --- | --- | | For the Government of the Republic of India | For the Government of the Republic of Namibia |
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acts
Union of India - Act ---------------------- Central Road Fund Act, 2000 ----------------------------- UNION OF INDIA India Central Road Fund Act, 2000 ============================= Act 54 of 2000 ---------------- * Published on 29 March 2018 * Commenced on 29 March 2018 1. [Amended by THE CENTRAL ROAD FUND (AMENDMENT) ACT, 2007 (Act 28 of 2007) on 1 June 2007 ] Central Road Fund Act, 2000 (54 of 2000) [27th, December 2000] An Act to give statutory status to [the Central Road and Infrastructure Fund for development and maintenance of National Highways, railway projects, improvement of safety in railways, State and rural roads and other infrastructure, and for these purposes to levy and collect by way of cess, a duty of excise and a duty of customs on motor spirit commonly known as petrol and high speed diesel oil] [Substituted 'the existing Central Road Fund governed by the Resolution of Parliament passed in 1988, for development and maintenance of national highways and improvement of safety at railway crossings, and for these purposes to levy and collect by way of cess , a duty of excise and duty of customs on motor spirit commonly known as petrol, high speed diesel oil' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] and for other matters connected therewith. Be it enacted by parliament in the Fifty-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 [Central Road and Infrastructure] [Substituted 'Central Road' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] Fund Act , 2000. (2) It extends to the whole of India . (3) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 1st day of November, 2000. ### 2. Definitions. - In this Act, unless the context otherwise requires, (a) appointed day means the date on which the Fund is established under sub-section (1) of section 6; (b) cess means a duty in the nature of duty of excise and customs, imposed and collected on motor spirit commonly known as petrol and high speed diesel oil for the purposes of this Act; (c) Fund means the Central [Road and Infrastructure Fund] [Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] established under sub-section (1) of section 6; (d) national highways means the highways specified in the Schedule to the National Highways Act, 1956(48 of 1956) or any other highway declared as national highway under sub-section (2) of section 2 of the said Act; [\*\*\*] Omitted '(e) National Highways Authority of India means an authority constituted under sub-section (1) of section 3 of the National Highways Authority of India Act, 1988 ( [68 of 1988 );' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (f) prescribed means prescribed by rules made under this Act. Chapter II [Central Road and Infrastructure Fund] [Substituted 'Central Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] ------------------------------------------------------------------------------------------------------------------------------------------------------ ### 3. Levy and collection of cess. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify,there shall be levied and collected, as a cess , a duty of excise and customs for the purposes of this Act, on every item specified in column (2) of the [Schedule I] [Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] , which is produced in or imported into India and (a) removed from are finery or a factory or an outlet; or (b) transferred by the person, by whom such item is produced or imported, to another person, at such rates [\*\*\*] [Omitted 'not exceeding the rate set forth in the corresponding entry in column (3) of the Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] , as the Central Government may, by notification in the Official Gazette, specify: [\*\*\*] [Omitted 'Provided that until the Central Government specifies by such notification the rate of the cess in respect of petrol and high speed diesel oil (being items specified in the Schedule, the cess on petrol and high speed diesel oil under this sub-section shall be levied and collected at the rate of rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] [Provided that the additional duty of customs and the additional duty of excise on motor spirit commonly known as petrol and on high speed diesel oil levied under sub-section (1) of section 109 and sub-section (1) of section 110, as the case may be, of the Finance Act, 2018 shall be deemed to be the cess for the purposes of this Act from the date of its levy and the proceeds thereof shall be credited to the Fund.] [Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (2) Every cess leviable under sub-section (1) on any item shall be payable by the person by whom such item is produced, and in the case of imports, the cess shall be imposed and collected on items so imported and specified in the [Schedule I] [Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] . (3) The cess leviable under sub-section (1) on the items specified in the [Schedule I] [Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] shall be in addition to any cess or duty leviable on those items under any other law for the time being in force. (4) The provisions of the Central Excise Act, 1944 (1 of1944) and the rules made thereunder and The provisions of the Customs Act, 1962 ( 52 of 1962 ) and the rules made thereunder , as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cess leviable under this section and for this purpose, the provisions of the Central Excise Act, 1944 and of the Customs Act, 1962, as the case maybe, shall have effect as if the aforesaid Acts provided for the levy of cess on all items specified in the [Schedule I] [Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] . ### 4. Crediting of cess to Consolidated Fund of India. - The proceeds of the cess levied under section 3 shall first be credited to the consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of this Act. ### 5. Grants and loans by the Central Government. - The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants or loans such sums of money as the Central Government may consider necessary in the Fund. ### 6. Establishment of Central [Road and Infrastructure Fund]. [Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Fund to be called as the Central [Road and Infrastructure Fund] [Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] . (2) The Fund shall be under the control of the Central Government and there shall be credited thereto (a) any sums of money paid under section 4 or section 5; (b) unspent part of the cess , being already levied for the purposes of the development and maintenance of national highways; (c) the sums, if any, realised by the Central Government in carrying out its functions or in the administration of this Act; (d) any fund provided by the Central Government for the development and maintenance of State roads. (3) The balance to the credit of the Fund shall not lapse at the end of the financial year. ### 7. Utilisation of the Fund. - [(1) ] [Renumbered by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] The Fund shall be utilised for the (i) development and maintenance of national highways; (ii) development of the rural roads; (iii) development and maintenance of other State roads including roads of inter-State and economic importance; (iv) [ construction of roads either under or over the railways by means of bridges and erection of safety works at unmanned rail-road crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines; and [Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (v) undertaking other infrastructure projects. Explanation. - For the purposes of this Act, the expression "infrastructure projects" means the category of projects and infrastructure Sub-Sectors specified in Schedule II.] (2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend Schedule II relating to any Category of projects or Infrastructure Sub-Sectors. [(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.] [Inserted by Finance Act, 2018 (Act No. 13 of 2018) Dated 29.3.2018.] ### 7A. [ Apportionment of share of fund by Committee. [Inserted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] - The share of the Fund to be apportioned to each of infrastructure projects shall be finalised by a Committee, constituted by the Central Government by notification published in the Official Gazette, headed by the Finance Minister, depending on the priorities of the project.] ### 8. Accounts and audit. (1) The concerned departments of the Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of allocations of their shares of fund in such form, as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him. Chapter III [Management of Central Road and Infrastructure Fund] [Substituted 'Management of Central Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ### 9. [ [Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] The Central Government shall have the power to administer the Fund and shall - (a) take such decisions regarding investment on projects of roads and other infrastructure as it considers necessary; (b) take such measures as may be necessary to raise funds for the development and maintenance of the national highways and for the development of rural roads; ### 10. Functions of the Central Government. - [(1) ] [Section 10 renumbered as sub-Section (1) thereof by Act 18 of 2005, Section 121 (w.e.f. 13.5.2005).] The Central Government shall be responsible for the (i) administration and management of the share of Fund allocated to the development and maintenance of the [roads and other infrastructure] [Substituted 'national highways' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] ; (ii) Co-ordination and complete and timely utilisation of all sums allocated out of the Fund; [\*\*\*] [Omitted '(iii) sanction of schemes for State roads of inter-State and economic importance in such manner as may be prescribed;' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (iv) formulation of criteria on the basis of which the specific projects of State roads of inter-State and economic importance are to be approved and financed out of share of State roads; (v) [ release of funds to the States for specific projects and monitoring of such projects and expenditure incurred thereon; [Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (vi) formulation of the criteria for allocation of the funds for development and maintenance of national highways and other infrastructure projects;] (vii) allocation of share of funds to each State and Union territory specified in the First Schedule to the Constitution; [\*\*\*] [Omitted '(viii) allocation of' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (a) fifty per cent. of the cess on high speed diesel oil for the development of rural roads in such manner as may be prescribed; and (b) the balance amount of fifty per cent. of cess on high speed diesel oil and the entire cess collected on petrol as follows: (i) an amount equal to fifty-seven and one-half per cent of such sum for the development and maintenance of national highways; (ii) an amount equal to twelve and one-half per cent for the construction of road either under or over the railways by means of a bridge and erection of safety works at unmanned rail-road crossings;and (iii) the balance thirty per cent. on development and maintenance of roads other than national highways and out of this amount, ten per cent. i.e.,three per cent of the total share of State roads shall be kept as reserve by the Central Government for allocation to States for implementation of State road schemes of inter-State and economic importance to be approved by The Central Government in terms of clauses (iii) and (iv) of this section. (2) Notwithstanding anything contained in clause () of sub-section (1), the Central Government shall, with effect from the 1st day of March, 2005, allocate fifty paise from the amount of rupee two as amended by sections119 and 120 of the Finance Act, 2005 as the additional duty of customs and the additional duty of excise on petrol, levied under sub-section (1) of section103 and sub-section (1) of section 111, as the case may be, of the Finance(No. 2) Act, 1998 (21 of 1998) and the additional duty of customs and the additional duty of excise on high speed diesel oil levied under sub-section (1)of section 116 and sub-section (1) of section 133, as the case may be, of the Finance Act, 1999 ( [27 of 1999 ), exclusively for the development and maintenance of national highways.] [Inserted by Act 18 of 2005, Section 121 (w.e.f. 13.5.2005).] ### 11. Administration of States share of the Fund. - [(1) The share of the Fund to be spent on development and maintenance of roads shall be allocated in such manner as may be decided by the Committee referred to in section 7A.] [Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] [Provided that the Central Government may use the share of the Fund under sub-clause (a) of clause (vii) of section 10 for the repayment of any loan taken for the purpose of development of rural roads in any State or Union territory.] [Inserted by Act 28 of 2007, Section 2 (w.e.f. 21.8.2007).] (2) The portion of the Fund allocated for expenditure in the various States and Union territories shall be retained by the Central Government until it is actually required for expenditure. (3) If in the opinion of the Central Government, the Government of any State or the administration of any Union territory has at anytime (a) failed to take such steps as the Central Government may recommend for the regulation and control of motor vehicles within the State or the Union territory; or (b) delayed without reasonable cause the application of any portion of the Fund allocated orre-allocated, as the case may be, for expenditure within the State or Union Territory , the Central Government may resume the whole or part of any sums which it may have at that time held in that State or the Union Territory . (4) All sums resumed by the Central Government from the account of any State Government or Union Territory administration as aforesaid shall be re-allocated between the credit accounts of the defaulting and other State Governments and Union Territory administrations in the ratio of the main allocation for the financial year preceding the year in which the re-allocation is made. (5) The balance to the credit of the Fund in respect of any allocation shall not lapse at the end of the financial year. ### 12. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: (a) specify [the type of projects] [Substituted 'the projects' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] in respect of which the funds may be disbursed under section 7; (b) the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balance-sheet under sub-section (1) of section8; (c) the manner in which the schemes for development and maintenance of State roads of inter-State and economic importance are to be formulated and sanctioned [\*\*\*] [Omitted 'under section 10' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] ; (d) any other matter for which rule is to be made, or may be prescribed. ### 13. Rules made under this Act to be laid before Parliament. - Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament,while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 14. Provisions relating to existing Central [Road and Infrastructure Fund]. [Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] - With effect from the appointed day the Central Road Fund governed by the Parliamentary Resolution dated the 13th May, 1988(hereinafter referred to in this section as the existing Fund) shall be deemed to be the Fund established under this Act and, (a) all schemes relating to development and maintenance of national [highways, State roads and other infrastructure] [Substituted 'highways and State roads' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] sanctioned under the existing Fund in so far as such schemes are relatable to the schemes under this Act,shall be deemed to be the schemes sanctioned under this Act; (b) all funds accrued under the existing Fund including assets and liabilities shall be transferred to the Fund established under this Act. ### 15. Repeal and saving. (1) The Central Road Fund Ordinance, 2000 (Ordinance 5 of 2000) 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. The Schedule [I] [Renumbered by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] (See section 3) | | | | | --- | --- | --- | | Sl. No. | Name of Item | [\*\*\*] [Omitted 'Rate of duty' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] | | (1) | (2) | [\*\*\*] [Omitted '(3) ' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] | | 1. | Motor spirit commonly known as petrol | [\*\*\*] [Omitted 'Rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] | | 2. | High speed diesel oil | [\*\*\*] [Omitted 'Rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] | [Schedule II] [Inserted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.] [See section 7(1) ] Category of projects and Infrastructure Sub-Sectors | | | | | --- | --- | --- | | Sl. No. | Category | Infrastructure Sub-Sectors | | 1. | Transport | (a) Road and bridges;(b) Ports (including Capital Dredging);(c) Shipyards (including a floating or land-based facility with the essential features of waterfront, turning basin, berthing and docking facility, slipways or ship lifts, and which is self-sufficient for carrying on shipbuilding/repair/breaking activities);(d) Inland Waterways;(e) Airports;(f) Railway Track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure;(g) Urban Public Transport (except rolling stock in case of urban road transport). | | 2. | Energy | (a) Electricity Generation;(b) Electricity Transmission;(c) Electricity Distribution;(d) Oil pipelines;(e) Oil / Gas / Liquefied Natural Gas (LNG) storage facility (including strategic storage of crude oil);(f) Gas pipelines (including city gas distribution network). | | 3. | Water and Sanitation | (a) Solid Waste Management;(b) Water supply pipelines;(c) Water treatment plants;(d) Sewage collection, treatment and disposal system;(e) Irrigation (dams, channels, embankments, etc.);(f) Storm Water Drainage System;(g) Slurry pipelines. | | 4. | Communication | (a) Telecommunication (Fixed network including optic fibre/ wire/cable networks which provide broadband/internet);(b) Telecommunication towers;(c) Telecommunications and Telecom Services. | | 5. | Social andCommercial Infra | (a) Education Institutions (capital stock);(b) Sports and Infrastructure (including provision of Sports Stadia and Infrastructure for Academies for Training/Research in Sports and Sports-related activities);(c) Hospitals (capital stock including Medical Colleges, Para Medical Training Institutes and Diagnostic Centres);(d) Tourism Infrastructure -(i) three-star or higher category classified hotels located outside cities with population of more than one million;(ii) ropeways and cable cars;(e) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, special economic zones, tourism facilities and agriculture markets;(f) Post-harvest storage infrastructure for agriculture and horticulture produce including cold storage;(g) Terminal markets;(h) Soil-testing laboratories;(i) Cold chain (including cold room facility for farm level precooling, for preservation or storage of agriculture and allied produce, marine products and meat);(j) Affordable Housing (including a housing project using at least 50% of the Floor Area Ratio (FAR) /Floor Space Index (FSI) for dwelling units with carpet area of not more than 60 square meters. | | | | Explanation.- For the purposes of the item (j) , the term "carpet area" shall have the meaning assigned to it in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 ( 16 of 2016 ).". |
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Union of India - Act ---------------------- The Industrial Tribunal (Central Procedure) Rules, 1954 --------------------------------------------------------- UNION OF INDIA India The Industrial Tribunal (Central Procedure) Rules, 1954 ========================================================= Rule THE-INDUSTRIAL-TRIBUNAL-CENTRAL-PROCEDURE-RULES-1954 of 1954 ------------------------------------------------------------------- * Published on 27 May 1954 * Commenced on 27 May 1954 The Industrial Tribunal (Central Procedure) Rules, 1954 Published Vide Notification S.O.R. 1793, dated, 27-5-1954, published in the Gazette of India, Extraordinary Part 2, Section 3, page 925, dated 27-5-1954. ### 13. /621 S.O.R. 1793, dated, 27th May, 1954. - In exercise of the powers conferred by section 38 of the Industrial Disputes Act,1947 (14 of 1947), the Central Government makes the following rules, the same having been published as required by sub-section (1) of the said section,namely :- ### 1. - These rules may be called The Industrial Tribunal (Central Procedure) Rules, 1954. ### 2. - In these rules- (a) "the Act "means the Industrial Disputes Act, 1947 ( 14 of 1947 ); (b) "Chairman "means the Chairman of the Tribunal; (c) "member "means a member of the Tribunal; (d) "section "means a section of the Act; (e) "Tribunal "means the Industrial Tribunal constituted under section 7consisting of two or more members. ### 3. [ [Substituted by S.O.R. 3534, dated 1.12.1954. ] - In the case of a Tribunal where it consists of two or more members, the Chairman may sit alone or with one or more members to hear an application or complaint in writing under section 33 or section 33-A, as the case may be, for inquiry and report to the Tribunal or entrust any such application or complaint to one or more members,as he deems fit, for such enquiry and report. ### 4. - The Chairman may withdraw any case or matters referred to one or more members, under rule 3 and transfer the same to himself or any other member or members. ### 5. - The report under rule 3,where the enquiry is made by one or more members, shall be submitted to the Chairman and where the enquiry is by the Chairman sitting alone or with one or more members, the report shall be submitted to the Tribunal: Provided that in all cases, the final order on such application or complaint shall be passed by the Tribunal after taking into consideration the report submitted to it by the Chairman sitting singly or with one or more members or by any other member or members. ### 6. - The Tribunal shall, after considering the report submitted to the Chairman under rule 5 and making such further enquiry, if any, as it thinks fit, give its decision or award as the case may be. ### 7. [ [Substituted by S.O.R. 3534, dated 1.12.1954. ] - For the purposes of making an enquiry under these rules the Chairman or member or members, as the case may be, shall have all the powers of the Tribunal under section 11 and the provisions of rules 14 to 21, 24, 30 and 31 of the Industrial Disputes (Central) Rules, 1947, shall apply to such enquiry as if the Chairman or member or members by themselves constituted the Tribunal.]
65ba781eab84c7eca86eb810
acts
Union of India - Act ---------------------- The Hot-Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 2000 ---------------------------------------------------------------------------------------------- UNION OF INDIA India The Hot-Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 2000 ============================================================================================== Rule THE-HOT-AIR-STENTER-INDEPENDENT-TEXTILE-PROCESSORS-ANNUAL-CAPACITY-DETERMINATION-RULES-2000 of 2000 ---------------------------------------------------------------------------------------------------------- * Published on 1 March 2000 * Commenced on 1 March 2000 The Hot-Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 2000 Published vide Notification No. G.S.R. 206(E) , dated 1st March, 2000, No. 14/2000-Central Excise (N.T.) G.S.R. 206(E) . - In exercise of the powers conferred by sub-section (2) of section 3A of the Central Excise Act, 1944 (1 of 1944) and in supersession of the Hot-air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998, published in the Gazette of India, Extraordinary, vide notification No. 42/98-Central Excise (N.T.), dated the 10th December, 1998, the Central Government, hereby makes the following rules to provide for determination of the annual capacity of production of certain goods notified under sub-section (1) of said section 3A, namely :- ### 1. Short title and commencement. (1) These rules may be called the Hot-air Stenter Independent Textile Processors Annual Capacity Determination Rules, 2000. (2) They shall come into force with effect from the 1st day of March, 2000. ### 2. Application. - These rules shall apply to processed textile fabrics falling under heading Nos. 52.07, 52.08, 52.09, 54.06, 54.07, 55.11, 55.12, 55.13 or 55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. or sub-heading Nos. 58,01, 58.02, 5806.10, 5806.40, 6001.12, 6001.22, 6001.92, 6002.20, 6002.30, 6002.43 or 6002.93, of the First Schedule to Central Excise Tariff Act, 1985 ( 5 of 1986 ), for determining the annual capacity and the average value of production of an independent processor if such textile fabrics are manufactured or produced with the aid of a hot-air stenter. ### 3. Declaration to be filed by independent processor. (1) An independent processor shall declare- (i) the number of hot-air stenters installed in his factory; (ii) the name of the manufacturer of each of the hot-air stenter, its identification no. and the date of its purchase; (iii) the number and size (both the length and width in centimetres) of chambers in each of the hot-air stenters ; (iv) the total value of processed textile fabrics referred to in rule 2, produced or manufactured in the preceding financial year; and (v) the total quantity of the said processed textile fabrics, produced or manufactured in the preceding financial year; (vi) the total value of the said processed textile fabrics, cleared from the factory in the preceding financial year; and (vii) the total quantity of the said processed textile fabrics, cleared from the factory in the preceding financial year, to the Commissioner of Central Excise (hereinafter referred to as the Commissioner), with a copy to the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be. (2) With effect from 1st of April, 2000, the independent processor shall also file an annual declaration, indicating whether he seeks to retain the option for redetermination of the duty liability on the basis of actual production, in terms of sub-section (4) to section 3A or not, prior to the commencement of the relevant financial year, and the option so exercised shall not be withdrawn during any part of such financial year: Provided that in respect of new units commencing production during the course of a financial year, such declaration shall be filed prior to the commencement of commercial production and the option exercised through such declaration shall not be withdrawn during the remaining part of that financial year. (3) On receipt of the declaration referred to in rule 3, the Commissioner shall take necessary action to verify its correctness and ascertain the correct value of each of the parameters given in such declaration: Provided that the Commissioner may, if he so desires, consult any technical authority for this purpose; ### 4. Determination of annual capacity and average value. (1) The annual capacity of production of processed textile fabrics specified in rule 2 in respect of a factory of an independent processor referred to in rule 2 shall be determined in the following manner, namely :- (i) the number of chambers (of a hot-air stenter), each of which having a rail length of upto 3.05 metre on each, side, installed in such factory shall be construed as one chamber and any fraction exceeding such rail length of any such chamber shall be computed on a pro-rata basis; (ii) the production capacity of a chamber in terms of quantity shall be deemed to be 1 lakh sq. mtrs. per chamber per month. (2) The average value of the processed textile fabrics (per square meter) referred to in rule 2 for such factory shall be arrived at by dividing the total value of such processed fabrics cleared from the factory in the immediately preceding financial year by the total quantity of such processed fabrics cleared during that preceding financial year: Provided that in the case of textile fabrics produced by a new unit or a closed unit of such factory for which average value as specified above cannot be calculated, the average value of such fabrics shall be as declared by the independent processor at the time of making the declaration, But the amount of duty payable on such fabrics shall be re-worked out at the end of a financial year on the basis of actual average value of the textile fabrics produced in the financial year in such factory; (3) The Commissioner of Central Excise shall, as soon as may be, after determining the annual capacity of production and the average value of processed textile fabrics and the number of chambers (of a hot-air stenter) of the factory of the independent processor, by an order, intimate the same as also the rate of duty applicable to the independent processor: Provided that the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, may determine the annual capacity of production on a provisional basis pending verification of the declaration furnished by the independent processor and pass an order accordingly. Thereafter, the Commissioner may determine, the annual capacity, as soon as may be, and pass an order accordingly. (4) The capacity of production for any part of the year, or any change in the total number of chambers, shall be calculated pro-rata on the basis of annual capacity of production determined in the manner specified in sub-rule (1). ### 5. Changes in parameters for capacity determination. - In case an independent processor proposes to make any change in the installed machinery or any part thereof which tends to change any of the parameters referred to in rule 4, he shall intimate, about the proposed change, to the Commissioner of Central Excise in writing, with a copy to the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, one month in advance of such proposed change, and shall obtain the written approval of the Commissioner before making such change, where after the Commissioner of Central Excise shall determine the date from which the change in the annual capacity shall be deemed to be effective. Explanation I. - For the purposes of this notification, a float drying machine or any other equipment, except the galleries, of a length 3.05 metres installed in or attached to a stenter for aiding the process of heat setting or drying of the fabrics shall be deemed to be one chamber of a stenter and any fraction of such length shall be computed on a pro-rata basis. Explanation II. - Unless otherwise specified in any rule made under section 3A of the Central Excise Act, 1944 (1 of 1944), for the purposes of this notification the goods shall be deemed to have been manufactured or produced with the aid of a hot-air stenter, if they are cleared from a factory where a hot-air stenter is installed, irrespective of whether it is in use or not, or is in working condition or not. Explanation III. - For the purposes of this notification,- (i) "independent processor" means a manufacturer who is engaged primarily in the processing of fabrics with the aid of power and who also has the facility in his factory (including plant and equipment) for carrying out heat-setting or drying, with the aid of power or steam in a hot-air stenter and who has no proprietory interest in any factory primarily and substantially engaged in the spinning of yarn or weaving or knitting of fabrics, on or after the 10th December, 1998; and (ii) "value" means the value as determined under section 4 of the Central Excise Act, 1944 (1 of 1944). Explanation IV. - For removal of doubts, it is clarified that the hot-air stenters installed in the factory, but which are permanently closed or sealed as on the 1st day of March, 2000 shall, subject to such safeguards, conditions and limitations as may be specified by the Commissioner of Central Excise in this regard, not be taken into account for the purposes of determination of the annual capacity of production of the independent processor.
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acts
State of Jharkhand - Act -------------------------- The Bengal Vaccination (Amendment) Act, 1911 ---------------------------------------------- JHARKHAND India The Bengal Vaccination (Amendment) Act, 1911 ============================================== Act 2 of 1911 --------------- * Published on 22 March 1911 * Commenced on 22 March 1911 The Bengal Vaccination (Amendment) Act, 1911 Bengal Act 2 of 1911 [Dated 22nd March, 1911] An Act further to amend the Bengal Vaccination Act, 1880 Whereas it is expedient further to amend the Bengal Vaccination Act, 1880, (Bengal Act 5 of 1880) in manner hereinafter appearing. It is hereby enacted as follows :- ### 1. Short title and local extent. (1) This Act may be called the Bengal Vaccination (Amendment) Act, 1911, and (2) It applies in the first instance only to,- [(a) Calcutta, as defined in clause (7) of Section 3 of the [Calcutta Municipal Act, 1899] [The Calcutta Municipal Act, 1899 has been repealed and re-enacted by the Calcutta Municipal Act, 1923.] (Bengal Act 3 of 1899), (b) the port of Calcutta, and (c) The Cossipore-Chitpur, Garden Reach, Howrah, Manikotla, South Suburban and Tollyganj Municipalities.] ### 2. Power to extend Act. (1) The [State] [Substituted by para 4(1) of the ALO for 'Provincial'.] Government may, by [notification,] [For notifications issued under this Section, extending the Act to certain parts of Bihar, See B.O.R.O., Vol. I, Part VI.] published in the [Official Gazette] [Substituted by para 4(1) of the AO for 'Calcutta Gazette'.] , declare its intention to extend this Act or any portion thereof to any town or selected area not mentioned in Section 1, sub-section (2) . (2) Any inhabitant of any such town or area, who objects to such extension may, within a period of six weeks from such publication, send his objection in writing to a Secretary to the Government of Bengal and the [State] [Substituted by para 4(1) of the ALO for 'Provincial'.] Government shall consider all objections so sent. (3) After the expiration of the said period, the [State] [Substituted by para 4(1) of the ALO for 'Provincial'.] Government if no objections have been so sent, or if it considers that the objections so sent are insufficient may, by a like notification, effect the proposed extension. (4) The substance of every notification under sub-section (1) or sub-section (2) shall be proclaimed and notified in the vernacular, within the town or area effected, by such means and in such manner as the [State] [Substituted by para 4(1) of the ALO for 'Provincial'.] Government may direct. ### 3. Power to suspend Act. - The [State] [Substituted by para 4(1) of the ALO for 'Provincial'.] Government may, by notification in the [Official Gazette] [Substituted by para 4(1) of the AO for 'Calcutta Gazette'.] suspend the operation of this Act in any place. ### 4. to 20. - [Amendments incorporated in Bengal Act 5 of 1880].
65ba7848ab84c7eca86eb83f
acts
Union of India - Act ---------------------- The Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 ------------------------------------------------------------------------------------------------------ UNION OF INDIA India The Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 ====================================================================================================== Rule THE-INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-LICENSING-OF-INSURANCE-AGENTS-REGULATIONS-2000 of 2000 ---------------------------------------------------------------------------------------------------------------- * Published on 14 July 2000 * Commenced on 14 July 2000 The Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 Published vide Notification No. IRDA/Reg/7/2000, dated 14.7.2000, published in the Gazette of India, Extraordinary, Part III, Section 4, dated 17.7.2000. ### 14. /667 In exercise of the powers conferred by sub-section (6) of section 42 and clauses (k), (l), (m) (n), (o) and (p) of sub-section (2) of section 114-A of the Insurance Act, 1938 ( 4 of 1938 ), the Authority in consultation with the Insurance Advisory Committee, hereby makes the following regulations, namely:- ### 1. Short title and commencement .-(1) These regulations may be called The Insurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions .-(1) In these regulations, unless the context otherwise requires,- (a) "Act" means the Insurance Act, 1938 ( 4 of 1938 ); (b) "approved institution" means an institution engaged in education and/or training particularly in the area of insurance sales service and marketing approved and notified by the Authority; (c) "Authority" means the Insurance Regulatory and Development Authority established under the provisions of section 3 of the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999 ); (d) "composite insurance agent" means an insurance agent who holds a license to act as an insurance agent for a life insurer and a general insurer; (e) "corporate agent" means a person other than an individual as specified in clause (i); (f) "designated person" means an officer normally in charge of marketing operations, as specified by an insurer and authorised by the Authority to issue or renew licenses under these regulations; (g) "examination body" means an Institution, which conducts pre-recruitment tests for insurance agents and which is duly recognised by the Authority; (h) "license" means a certificate of license to act as an insurance agent issued under these regulations; (i) "person" means- (i) an individual; (ii) a firm; or (iii) a company formed under the Companies Act, 1956 (1 of 1956), and includes a banking company as defined in clause (4-A) of section 2 of the Act; (j) "practical training" includes orientation, particularly in the area of insurance sales, service and marketing, through training modules as approved by the authority; (k) "proposal form" means an application for purchase of an insurance product which shall be the basis of insurance contract; (l) "prospect" means a potential purchaser of an insurance product; (m) "recognized Board or Institution" means such board or institution as may be recognised by any State Government or the Central Government. (2) All words and expressions used herein and not defined but defined in the Insurance Act, 1938 ( 4 of 1938 ), or in the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999 ), shall have the meanings respectively assigned to them in those Acts. ### 3. Issue or renewal of license .-(1) A person desiring to obtain or renew a license (hereinafter referred to as "the applicant") to act as an insurance agent or a composite insurance agent shall proceed as follows:- (a) the applicant shall make an application to a designated person- (i) in Form IRDA-Agents-VA, if the applicant is an individual; (ii) in Form IRDA-Agents-VC, if the applicant is a firm or a company: Provided that the applicant, who desires to be a composite insurance agent, shall make two separate applications. (b) The fees payable by the applicant to the Authority shall be as specified in regulation 7. (2) The designated person may, on receipt of the application alongwith the evidence of payment of fees to the Authority, and on being satisfied that the applicant,- (i) possesses the qualifications as specified under regulation 4; (ii) possesses the practical training as specified under regulation 5; (iii) has passed the examination as specified under regulation 6; (iv) has furnished the application complete in all respects; (v) has the requisite knowledge to solicit and procure insurance business; and (vi) is capable of providing the necessary service to the policy-holders, grant or renew, as the case may be, a license in Form IRDA-Agents-VB, alongwith identity card in Form IRDA-Agents-VZ: Provided that in the case of a corporate agent, the identity card shall be on Form IRDA-Agent-VY: Provided further that such identity card from one life insurer and such identity card from one general insurer shall be provided to the applicant seeking license to act as a composite insurance agent: Provided further that in the case of a firm or a company, all of his partners or directors, as the case may be, shall fulfil the requirements of sub-clauses (i) to (iii): Provided further a license issued in accordance with this regulation shall entitle the applicant to act as insurance agent for one life insurer or one general insurer or both. (3) The designated person shall grant or renew the license within a period of 3 months from the date of application. [(4) The designated person shall, if the consideration of the application is likely to get delayed within 60 days of the receipt of the application, inform the applicant the reasons for such a delay, and the likely time it would take to do so.] ### 4. Qualifications of the applicant .-The applicant shall possess the minimum qualification of a pass in 12th Standard or equivalent examination conducted by any recognised Board/Institution, where the applicant resides in a place with a population of five thousand or more as per the last census, and a pass in 10th Standard or equivalent examination from a recognised Board/Institution if the applicant resides in another place. ### 5. Practical training .-(1) The applicant shall have completed from an approved institution, at least, [fifty hours ]practical training in life or general insurance business, as the case may be, which may be spread over [one to two weeks] [Substituted by Notification No. IRDA/Reg/2/39/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] , where such applicant is seeking license for the first time to act as insurance agent: Provided that the applicant shall have completed from an approved institution, at least, [seventy-five hours] [Substituted by Notification No. IRDA/Reg/2/39/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] practical training in life and general insurance business, which may be spread over [two to three weeks] [Substituted by Notification No. IRDA/Reg/2/39/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] , where such applicant is seeking license for the first time to act as a composite insurance agent. (2) Where the applicant, referred to under sub-regulation (1), is- (a) an Associate/Fellow of the Insurance Institute of India, Mumbai; (b) an Associate/Fellow of the Institute of Chartered Accountants of India, New Delhi: (c) an Associate/Fellow of the Institute of Costs and Works Accountants of India, Calcutta; (d) an Associate/Fellow of the Institute of Company Secretaries of India, New Delhi; (e) an Associate/Fellow of the Actuarial Society of India, Mumbai; (f) a Master of Business Administration of any Institution/University recognised by any State Government or the Central Government; or (g) possessing any professional qualification in marketing from any Institution/University recognised by any State Government or the Central Government, he shall have completed at least, [twenty-five hours] [Substituted by Notification No. IRDA/Reg/2/39/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] practical training from an approved institution: Provided that such applicant shall have completed from an approved institution, at least [thirty-five hours] [Substituted by Notification No. IRDA/Reg/2/39/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] practical training in life and general insurance business, where such applicant is seeking license for the first time to act as a composite insurance agent. (3) An applicant, who has been granted a license after the commencement of these regulations, before seeking renewal of license to act as an insurance agent, shall have completed, at least twenty-five hours practical training in life or general insurance business, as the case may be, from an approved institution: Provided that such applicant before seeking renewal of license to act as a composite insurance agent shall have completed from an approved institution, at least, fifty hours' practical training in life and general insurance business. ### 6. Examination .-The applicant shall have passed the pre-recruitment examination in life or general insurance business, or both, as the case may be, conducted by the Insurance Institute of India, Mumbai, or any other examination body. ### 7. Fees payable .-(1) The fees payable to the Authority for issue or renewal of license to act as insurance agent or a composite insurance agent shall be rupees two hundred and fifty. (2) The additional fees payable to the Authority, under the circumstances mentioned in sub-section (3) of section 42 of the Act, shall be rupees one hundred. ### 8. Code of conduct .-(1) Every person holding a license, shall adhere to the code of conduct specified below: (i) Every insurance agent shall,- (a) identify himself and the insurance company of whom he is an insurance agent; (b) disclose his license to the prospect on demand; (c) disseminate the requisite information in respect of insurance products offered for sale by his insurer and take into account the needs of the prospect while recommending a specific insurance plan; (d) disclose the scales of commission in respect of the insurance product offered for sale, if asked by the prospect; (e) indicate the premium to be charged by the insurer for the insurance product offered for sale; (f) explain to the prospect the nature of information required in the proposal form by the insurer, and also the importance of disclosure of material information in the purchase of an insurance contract; (g) bring to the notice of the insurer any adverse habits or income inconsistency of the prospect, in the form of a report (called "Insurance Agent's Confidential Report") alongwith every proposal submitted to the insurer, and any material fact that may adversely affect the underwriting decision of the insurer as regards acceptance of the proposal, by making all reasonable enquiries about the prospect; (h) inform promptly the prospect about the acceptance or rejection of the proposal by the insurer; (i) obtain the requisite documents at the time of filing the proposal form with the insurer, and other documents subsequently asked for by the insurer for completion of the proposal; (j) render necessary assistance to the policy-holders or claimants or beneficiaries in complying with the requirements for settlement of claims by the insurer; (k) advise every individual policy-holder to effect nomination or assignment or change of address or exercise of options, as the case may be, and offer necessary assistance in his behalf, wherever necessary; (ii) No insurance agent shall- (a) solicit or procure insurance business without holding a valid license; (b) induce the prospect to omit any material information in the proposal form; (c) induce the prospect to submit wrong information in the proposal form or documents submitted to the insurer for acceptance of the proposal; (d) behave in a discourteous manner with the prospect; (e) interfere with any proposal introduced by any other insurance agent; (f) offer different rates, advantages, terms and conditions other than those offered by his insurer; (g) demand or receive a share of proceeds from the beneficiary under an insurance contract; (h) force a policy-holder to terminate the existing policy and the effect a new proposal from him within three years from the date of such termination; (i) have, in case of a corporate agent, a portfolio of insurance business under which the premium is in excess of fifty per cent. of total premium procured, in any year, from one person (who is not an individual) or one organisation or one group of organizations; (j) apply for fresh license to act as an insurance agent, if his license was earlier cancelled by the designated person, and a period of five years has not elapsed from the date of such cancellations; (k) become or remain a director of any insurance company; (iii) Every insurance agent shall with a view to conserve the insurance business already procured through him, make every attempt to ensure remittance of the premiums by the policy-holders within the stipulated time, by giving notice to the policy-holder orally and in writing. ### 9. Cancellation of license .-The designated person may cancel a license of an insurance agent, if the insurance agent suffers, at any time during the currency of the license, from any of the disqualifications mentioned in sub-section (4) of section 42 of the Act, and recover from him the license and the identity card issued earlier. ### 10. Issue of duplicate license .-The Authority may issue a duplicate license replace a license lost, destroyed, or mutilated on payment of a fee of rupees fifty. ### 11. Non-application to existing insurance agents .-Nothing contained in regulations 4 to 6 of these Regulations shall apply to the existing agents before the commencement of these Regulations. ### 12. [ From the date of coming into force of the Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002, the Insurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000 or any part thereof applying to corporate agents shall cease to have an effect, except as respects things done of omitted to be done thereunder.] FORM IRDA-AGENTS-VA (See regulation 3) Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 APPLICATION FOR A LICENCE/RENEWAL OF LICENCE TO ACT AS AN INSURANCE AGENT TO The Insurance Regulatory and Development Authority, Department of Licensing, New Delhi. Dear Sirs, I request that - (a) a licence to act as an insurance agent\*/a composite insurance agent\* may be granted to me. (b) \*my licence bearing number ............... and expiry date............may be renewed for a further period of three years. ### 2. I hereby declare that particulars given below are true and that the licence for which I apply will be used only by myself for soliciting or procuring insurance business for one life insurer\*/one general insurer\*/both\*. (1) Name: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (2) Father's/Husband's Name [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (3) Full Address: House No. : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Street: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Town: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] District: : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] State : : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Pin Code: : [ ][ ][ ][ ][ ][ ] Telephone No. [ ][ ][ ][ ][ ][ ]---[ ][ ][ ][ ][ ][ ][ ][ ] (STD Code -- Number): (4) Date of Birth: Day- Month-Year [ ][ ]-[ ] [ ]-[ ][ ][ ][ ] (5) Title : State 1 if are Mr., 2 Mrs., 3 Miss: [ ] (6) If you ever held a Licence, state No. and date of expiry, otherwise say "Nil". (a) Licence Number: [ ][ ][ ][ ] [ ][ ][ ][ ] [ ] [ ] (b) Date of Expiry: Day- Month-Year [ ][ ]-[ ] [ ]-[ ][ ][ ][ ] (7) If you apply for licence to work for a life insurer, state 1, for a general insurer, state 2, for both state 3 in the box. [ ] (8) If you are an applicant from a rural place, state 1, in the box. [ ] (9) Educational Qualifications. State 1, if you passed Class X ; 2: Class XII; 3: Graduate; ### 4. : Post-graduate ; 5: if you hold a professional qualification such as ACA, FASI, AICWA.): [ ] (10) Give particulars of pass in pre-recruitment test conducted by the Insurance Institute of India or any examination body: (a) Name of Examination Body: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (b) Candidate's Number: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (c) Centre of Examination: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (d) Date of Passing: [ ][ ]-[ ][ ]-[ ][ ][ ][ ] (Day- Month-Year) (11) Give particulars of Practical Training completed from an approved institution. (a) Training Hours completed: [ ][ ] (b) Name of Training Institute: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (c) Candidate's Number: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (d) Centre (Place) of Training: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] ] (e) Starting Date of Training: [ ][ ]-[ ][ ]-[ ][ ][ ][ ] (Day- Month-Year) ### 3. I further declare that- (a) I have not been found to be of unsound mind by a court of competent jurisdiction; (b) I have not been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a court of competent jurisdiction; (c) I have not been found guilty of or to have knowingly participated in or connived at any fraud, dishonestly or misrepresentation against an insurer or an insured in the course of any judicial proceeding relating to any policy of insurance or the winding up of an insurance company or in the course of an investigation of the affairs of an insurer; and (d) I have not violated the code of conduct specified under Regulation 8 of Insurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000). ### 4. I have made the payment of licence fee of rupees two hundred and fifty and for which I enclose the documentary evidence. ### 5. #I enclose the following documents in support of the educational qualification, pre-recruitment test, and the practical training. (a) .................(b)..................... Place.................. Date................... Yours faithfully, ................... Signature of applicant (\* Strike out portion not required.) (# not applicable to the applicants seeking licence for the first time.). NOTES AND INSTRUCTIONS ### 1. An individual can apply for only one licence which will entitle him to solicit or procure insurance business of any class and to act as an insurance agent for one life insurer, one general insurer, or both. ### 2. The application should be filled in, as far as possible, in Hindi language or English language. ### 3. Any correction or alteration made in any answer to the questions in the application should be initialled by the applicant. ### 4. An applicant must be at least 18 years of age on the date of the application. If required the applicant shall furnish proof of age. ### 5. An applicant shall furnish the proof of educational qualification, pass in the pre-recruitment test conducted by the Insurance Institute of India, Mumbai or an examination body approved by the Insurance Regulatory and Development Authority, and completion of practical training from a training institution approved by the Insurance Regulatory and Development Authority, along with the application. This is not applicable where the applicant is an absorbed agent. ### 6. The fees payable by an applicant is rupees two hundred and fifty. ### 7. The name and the licence No. given in the application are identical with those shown in the last licence held. If there is any subsequent change in the name, the reasons for the same should be stated furnishing documentary evidence for the same. ### 8. The application should reach the designated person before the expiry of licence held by the applicant but not more than three months before such expiry. If the application does not reach the designated person at least 30 days before the date on which the last licence ceases to be in force, an additional fee of one hundred rupees should be payable. In this connection please also refer to the provisions of sub-sections (3) and (3A) of section 42 of the Insurance Act, 1938. ### 9. If the applicant desires to work for a life insurer or a general insurer or both, as the case may be, he should enclose the documentary evidence of the relevant pass in the pre-recruitment test and the completion of the relevant practical training. FORM IRDA-AGENTS-VB (See regulatiom 3) Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000. INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY, NEW DELHI LICENCE NO. [ ][ ][ ][ ] [ ][ ][ ][ ] [ ] [ ] LICENCE TO ACT AS AN INSURANCE AGENT UNDER PART II OF THE INSURANCE ACT, 1938 (IV OF ### 1938. ) Name of Insurance Agent\*/Composite Insurance Agent\*:.............. Address: Having paid the prescribed fee and having made the necessary declaration is hereby authorised to act an insurance agent for three years from.................for procuring or soliciting insurance business of one life insurer\*/one general insurer\*/both\*. (\*strike out portion not required) Place........... Date............ for Insurance Regulatory and Development Authority Designated Person: ........................ Signature of Licence holder: This licence is not valid unless it bears a fascimile of the signature of the chairperson of the Insurance Regulatory and Development Authority and the initials of a person authorised by him in this behalf, the signature of the licence holder and the identity card(s) . The licence holder should put his signature as soon as licence is received. Notes. - 1. If it is desired to renew this licence for a further period the procedure laid down in Regulation 3 of Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000, shall be followed, and application for renewal should reach the Designated Person before the licence expires. In this connection attention is also invited to the provisions of sub-sections (3) and (3-A) of section 42 of the Insurance Act, 1938. ### 2. This licence authorises the licence holder to act as an agent for the insurance business specified thereunder, and therefore no identifying mark or note of any description by which the identity of an insurer might be established should be placed on the licence. ### 3. No correction in this licence will be valid unless initialled by the Insurance Regulatory and Development Authority or a person authorised by him in this behalf. ### 4. The attention of the licence under regulation 8 Of Insurance Regulatory and Development Authority (Licensing Of Insurance Agents) Regulations, 2000holder is drawn to the code of conduct specified , and any violation of code of conduct may result in cancellation of licence. FORM IRDA-AGENTS-VC (See regulation 3) Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 APPLICATION FROM A FIRM OR COMPANY FOR A LICENCE/RENEWAL OF LICENCE TO ACT AS AN INSURANCE AGENT TO The Insurance Regulatory And Development Authority, Department of Licensing, New Delhi Dear Sir, It is requested that - (a) \*a licence to act as an insurance agent\*/a composite insurance agent\* may be granted to our Firm/Company; (b) \*our licence bearning number..................and expiry date...............may be renewed for a further period of three years. ### 2. It is hereby declared that particulars given below are true and that the licence for which our Firm/Company apply will be used only by our Firm/Company for soliciting or procuring insurance business. (1) Name: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] ][ ][ ][ ] (2) Full Address: House No. : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] ][ ][ ][ ] ][ ][ ][ ] Street: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Town: [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] ] District: : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] State : : [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Pin Code: : [ ][ ][ ][ ][ ][ ] Telephone No. [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] ][ ][ ][ ] (STD Code -- Number): [ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] (3) (i) (In the case of a Firm) the names of all the partners therein: (ii) (In the case of a Company) the names of the Directors: (4) Whether the Partnership Deed\*/Memorandum of Association\* contains as main objects the carrying on of soliciting or procuring insurance business as an insurance agent. (Please enclose a certified copy of the Partnership Deed\*/Memorandum of Association\*) (5) The date from when the licence should be effective: (6) If you apply for licence to work for a life insurer, state 1, a general insurer, state 2, for both, state 3 in the box. ### 3. It is further declared that- (a) any partner of our Firm\*/any Director of our Company\* has not been found to be of unsound mind by a court of competent jurisdiction; (b) any partner of our Firm\*/any Director of our Company\* has not been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a court of competent jurisdiction; (c) any partner of our Firm\*/any Director of our Company\* has not been found guilty of or to have knowingly participated in or connived at any fraud, dishonestly or mis-representation against an insurer or an insured in the course of any judicial proceeding relating to any policy of insurance or the winding up of an insurance company or in the course of an investigation of the affairs of an insurer; (d) any partner of our Firm\*/any Director of our Company\* has not violated the code of conduct specified under Regulation 8 of Insurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000; (e) the application in Form IRDA-Agents-V for each partner of our Firm\*/each Director of our Company\* has been enclosed along with this form; (f) any partner of our Firm\*/any Director of our Company\* is not a minor. ### 4. The payment of licence fee of rupees two hundred and fifty has been made and for which the receipt is enclosed. ### 5. The documents in support of the educational qualification, pre-recruitment test, and the practical training, in respect of all partners of our Firm\*/all Directors of our Company\* have been enclosed along with this form. Place............. Date.............. Yours faithfully ..................... Signature of applicant (\* Strike out portion not required.) Notes. - 1. The application should be filled in, as far as possible, in Hindi language or English language. ### 2. Any correction or alteration made in any answer to the questions in the application should be initialled by the applicant. ### 3. The fees payable by an applicant is rupees two hundred and fifty. ### 4. The name and the licence No. given in the application are identical with those shown in the last licence held. If there is any subsequent change in the name, the reasons for the same should be stated furnishing documentary evidence for the same. ### 5. The application should reach the designated person before the expiry of licence held by the application but not more than three months before such expiry. If the application does not reach the designated person at least 30 days before the date on which the last licence ceases to be in force, an additional fee of one hundred rupees should be payable. In this connection please also refer to the provisions of sub-sections (3) and (3-A) of section 42 of the Insurance Act, 1938. ### 6. If the Firm or Company desires to act as an insurance agent or a composite insurance agent , as the case may be, the documentary evidence of the relevant pass in the pre-recruitment test and the completion of the relevant practical training of partners of the Firm or directors of the Company should be enclosed. ### 7. In case of a Firm, the signatory to the application (being a partner) should enclose a certified copy of the resolution of Board of Directors authorising him to make the application. FORM IRDA-AGENTS-VZ (See regulation 3) Insurance Regulatory And Development Authority (Licensing Of Insurance Agents) Regulations, 2000 INDIVIDUAL INSURANCE AGENT'S IDENTITY CARD | | | | --- | --- | | Photo | Agent's Licence No.: | | | Name of the Agent: | | | Father's/Husband's Name: | | | Office of the Insurer with whom the agent is attached: | | | | | --- | --- | | Agent's signature | | | | The holder of this card is authorised to sell our insurance products, as per our terms and conditions. | | Male/Female Issued on: | | | | Signature of Designated Person Name of Insurer (With Seal) | | Valid up to: | | | born on: | | | | (Please see on the reverse) | | | | --- | | Address and telephone numbers of the Insurer; | | (If required to be contacted by any one in connection with the holder of this card): | | Address and telephone numbers of the Agent: |
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acts
State of Uttar Pradesh - Act ------------------------------ The U.P. Regulation of Cold Storages Act, 1976 ------------------------------------------------ UTTAR PRADESH India The U.P. Regulation of Cold Storages Act, 1976 ================================================ Act 11 of 1976 ---------------- * Published on 1 January 1976 * Commenced on 1 January 1976 The U.P. Regulation of Cold Storages Act, 1976 (U.P. Act No. 11 of 1976 ) Received the assent of the Governor on April 16, 1976, published in the Uttar Pradesh Gazette, Extraordinary dated April 19, 1976. An Act to provide for licensing, supervision and control of cold storages in Uttar Pradesh and for matters connected therewith It is hereby enacted in the Twenty-seventh Year of the Republic of India: Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Uttar Pradesh Regulation of Cold Storages Act, 1976. (2) It extends to the whole of Uttar Pradesh. (3) It shall be deemed to have come into force on September 20, 1975. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Agricultural produce" includes products of agriculture or horticulture, animal husbandry or pisciculture and all articles of food or drink wholly or partly made from any of them; (b) "Board" means the Cold Storages Advisory Board constituted under Section 3; (c) "Cold storage" means an enclosed chamber insulated and mechanically cooled by refrigeration machinery to provide refrigerated condition to agricultural produce stored therein, but does not include refrigerated cabinets and chilling plants having a capacity of less than 100 cubic metre; (d) "hirer" means a person who on payment hires space in a cold storage for storing agricultural produce; (e) "licence" means a licence under this Act; (f) "licensee" means any person to whom a licence is granted under this Act; (g) "Licensing Officer" means the Director of Horticulture and Fruit Utilization, Uttar Pradesh, and except in the Explanation to Section 17, includes,- (1) any other officer of the Horticulture Department, not below the rank of District Horticulture Officer; (2) an officer of the Revenue Department, not below the rank of a Sub-divisional Officer, empowered by the Director of Horticulture and Fruit Utilization in this behalf to exercise some or all of the powers of the Licensing Officer under this Act; (h) "prescribed" means prescribed by rules made under this Act; (i) "receipt" means a cold storage receipt including a duplicate receipt issued by a licensee under this Act; (j) "Tribunal" means the Tribunal constituted under Section 35. Chapter II Cold Storage Advisory Board ------------------------------------------- ### 3. Constitution of the Board. - The State Government shall, by notification, constitute a Cold Storage Advisory Board, which shall consist of the following members, namely: (a) The Agricultural Production Commissioner, Uttar Pradesh who shall be the Chairman of the Board; (b) A representative of the Agricultural Marketing Advisor to the Government of India; (c) The Director of Industries, Uttar Pradesh; (d) The Registrar, Co-operative Societies, Uttar Pradesh; (e) The Director of Mandis, Uttar Pradesh, Lucknow; and (f) The Director of Horticulture and Fruit Utilization, Uttar Pradesh who shall also act as Secretary. ### 4. Duties and functions of the Board. (1) The Board shall discharge the following duties and functions, namely: (a) to advise the State Government on policy matters relating to the licensing of cold storages and matters connected therewith; (b) to make suggestions to the State Government in respect of scientific planning, maintenance, development and expansion of cold storages and to suggest proper steps for coordination of cold storage facilities in the State; (c) to advise the State Government in the matter of fixation, from time to time, of maximum charges for storing agricultural produce in the cold storage; and (d) to advise the State Government on such matters as may be referred to the Board by the State Government, or as may be prescribed. (2) The business of the Board shall be conducted in such manner as may be prescribed. Chapter III Licensing of Cold Storages ------------------------------------------- ### 5. Restrictions on carrying on the business of cold storage. - On and after such dates as the State Government may, by notification appoint in that behalf, no person shall carry on the business of storing any agricultural produce in a cold storage except under and in accordance with the terms and conditions of a licence granted under this Act. ### 6. Application for licence. (1) Every application for a licence under this Act shall be made in the prescribed form to the Licensing Officer and shall be accompanied by the prescribed fee. (2) No licence under this Act shall be granted, if it appears to the Licensing Officer that- (a) the cold storage does not conform to the prescribed specifications; (b) the cold storage is not suitable for storage of the class of goods for which it is intended; (c) the application is not accompanied by the prescribed fee; (d) the applicant is guilty of any fraud or mispresentation; (e) the applicant has been convicted of any offence under this Act, or the rules made thereunder. ### 7. Terms and renewal of licence. - A licence granted under Section 6 shall be valid for such period, as may be prescribed, and may on application made in that behalf and upon payment of the prescribed fees, renewed, from time to time, by the Licensing Officer for such further period as may be prescribed. (2) No licence granted under this Act shall be renewed if it appears to the Licensing Officer that- (a) any of the grounds mentioned in sub-section (2) of Section 6 exists; (b) the licensee is guilty of breach of the provisions of this Act or the rules made thereunder; (c) that the application involves a breach of any direction issued by the State Government under Section 44. ### 8. Suspension and cancellation of a licence. (1) A licence granted under this Act, may be suspended or cancelled, if it appears to the Licensing Officer that- (a) any of the grounds mentioned in sub-section (2) of Section 7 exists; (b) the licensee has parted wholly or partly with the possession or control of the cold storage or that he has ceased to run it. (2) Where any licence is suspended or cancelled, the licensee shall not be entitled to any compensation therefor nor he shall be entitled to any refund of any fee paid by him for the licence. ### 9. Permission for construction of a new cold storage. (1) No person shall construct any new cold storage without obtaining prior permission from the Licensing Officer for such construction. (2) Every application for permission under sub-section (1) shall be made in the prescribed form to the Licensing Officer and shall be accompanied by the prescribed fee. (3) The Licensing Officer shall, while granting the permission under sub-section (1), have regard to- (a) the number of cold storages operating in the area in which the cold storage is sought to be constructed; (b) availability of agricultural produce in such area; (c) any other matter which may be prescribed. (4) The Licensing Officer may, while granting permission under subsection (1), impose such conditions as he may consider necessary. ### 10. Orders to contain reasons. (1) Every order refusing to grant the licence under Section 6, or refusing to renew the licence under Section 7, or suspending or cancelling the licence under Section 8, or refusing permission under Section 9, shall be in writing and shall contain the reasons in support thereof. (2) Before making an order referred to in sub-section (1), the Licensing Officer shall give the licensee or the applicant, as the case may be, a reasonable opportunity of being heard: Provided that when immediate action is required in public interest, the Licensing Officer may, for reasons to be recorded, suspend a licence without any notice under this section. ### 11. Duplicate licence. - Where a licence is lost, destroyed, torn, defaced, or otherwise becomes illegible, the Licensing Officer shall in the manner prescribed and on payment of the prescribed fee, issue a duplicate licence. Chapter IV Rights and Duties of a Licensee ----------------------------------------------- ### 12. Reasonable care of goods deposited. - Every licensee shall take such care of the goods stored in his cold storage as a man of ordinary prudence would take of his own goods under similar circumstances and conditions. ### 13. Duty to exhibit capacity of the cold storage. - Every licensee shall, before the commencement of business every day, display and exhibit in the prescribed manner on or near the main entrance of cold storage the following information in respect of the cold storage- (a) total capacity of cold storage (both in area and tonnage); (b) capacity physically occupied (both in area and tonnage); (c) vacant capacity (both in area and tonnage). ### 14. Acceptance of goods for deposit. (1) No licensee shall accept for storage agricultural produce which is likely to cause damage to other agricultural produce which is, or may be stored in the cold storage and if any question arises whether any agricultural produce is such as is likely to cause damage as aforesaid, it shall be referred to the Licensing Officer whose decision shall be final: Provided that a licensee shall not refuse to store potato seed of bona fide cultivators, so certified in the prescribed form and manner by a Gazetted Officer of Horticulture Department or a Block Development Officer, as the case may be, on the ground that it is likely to cause damage to other agricultural produce. (2) Subject to the provisions of sub-section (1), no licensee shall refuse to accept agricultural produce for storage in his cold storage without any lawful excuse. Explanation. - The refusal to accept any agricultural produce on the ground that the space in the enclosed chamber, though physically vacant, is booked in favour of any other person, shall not be deemed to be a "lawful excuse" within the meaning of this section. ### 15. Preservation of identity of goods. - Every licensee shall keep in his cold storage the agricultural produce of one hirer separate from such produce of other hirer and from other produce of the same hirer for which a separate receipt has been issued, so as to permit at all times the identification and easy delivery thereof: Provided that where standardised and graded goods are stored in the cold storage, the same variety of goods belonging to the same or different hirer may, subject to any contract to the contrary, be pooled together and each hirer shall be entitled only to his portion of the goods a cording to weight or quantity as the case may be, as shown-in his receipt, less any driage or shrinkage up to the limit fixed under Explanation to Section 17. ### 16. Licensee to allow facilities for the hirer to inspect goods. - Every licensee shall allow, during such hours as the Licensing Officer may by order direct, necessary facilities to a hirer or his nominee to inspect and satisfy himself that his goods are properly cared for. ### 17. Good's deterioration in cold storage and their disposal. (1) Whenever goods stored in a cold storage being to deteriorate or are likely to deteriorate from a cause beyond the control of the licensee, or where the hirer fails to take delivery of the goods stored in the cold storage within a period of fifteen days from the date specified therefor in the receipt, the licensee shall forthwith give notice thereof to the hirer, requiring him to take delivery of the goods immediately after surrendering the receipt duly discharged and paying all charges due to the licensee, and send a copy of such notice to the Licensing Officer. (2) Where the hirer fails to comply with the notice referred to in sub-section (1) within a period of seven days from the date of service thereof, the licensee may cause the goods to be removed from the cold storage and sold by public auction at the cost and risk of their hirer: Provided that the licensee shall give notice of the sale to the Licensing Officer at least forty-eight hours before such sale, and the Licensing Officer shall supervise such sale either himself or through an officer authorised by him in that behalf. Explanation. - Loss of weight or bulk by driage or shrinking or gain of weight or bulk by absorption of moisture shall be deemed to amount to deterioration within the meaning of this section, if the loss or gain exceeds such limits as the Licensing Officer may, from time to time, having regard to the climatic conditions of different areas, fix by notification published in the Gazette. (3) If there is any excess in the weight or bulk of an agricultural produce stored in a cold storage by absorption of moisture or other causes, the licensee shall not be entitled to such excess. ### 18. Intimation regarding condition of goods. - Any person having an interest in any goods stored in a cold storage or in the receipt covering such goods may inform the licensee in writing of the fact and nature of his interest and the licensee shall keep a record thereof and if such person requests in writing. that intimation be given to him regarding the condition of goods and agrees to pay the prescribed charges for giving such intimation, the licensee shall be bound to give him intimation accordingly. ### 19. Delivery of goods. (1) Every licensee shall on demand made by or on behalf of the hirer, deliver the goods stored in the cold storage, provided the hirer surrenders the receipt and pays all charges due to the licensee. (2) Every receipt so surrendered to the licensee shall be defaced and shall not be re-issued. (3) Subject to an agreement between the parties, the hirer may take partial delivery of the goods stored in a cold storage and in every such case, the licensee shall make necessary endorsement on the receipt and return it to the hirer. ### 20. Licensee's lien. - Every licensee in possession of the goods in his cold storage is entitled to retain possession thereof until the receipt therefor is surrendered and necessary charges are duly paid in accordance with Section 19. ### 21. Licensee not to pledge or deal in the goods in cold storage without the authority of the hirer. - No licensee shall, except with the written authority of the hirer, pledge or otherwise deal in goods received by him for storage in the cold storage. ### 22. Rate of interest on loan to a hirer. - If any money is lent by the licensee to a hirer against the goods stored by some hirer in the cold storage, the rate of interest, in no case shall be higher than one-half of one per cent per annum simple interest over the current rate of interest charged by the State Bank of India, at the time of the loan, for like purposes in respect of advances made by it against goods pledged in its favour. ### 23. Insurance. - Every licensee shall insure the agricultural produce stored in his cold storage against loss or damage by fire, breakdown (whether mechanical or otherwise) or such other like cause. ### 24. Compensation for loss, destruction, etc. - Except as otherwise provided in this Act, the licensee shall be liable to pay to the hirer compensation for every loss, destruction, damage, deterioration or non-delivery of the goods stored in his cold storage caused by the negligence, misconduct or default on the part of such licensee. ### 25. Dispute regarding compensation to be referred to the Licensing Officer. (1) Every dispute regarding compensation payable by the licensee under Section 24 shall be referred to the Licensing Officer, and subject to the result of appeal, if any, under Section 36, the order of the Licensing Officer shall be final. (2) When the Licensing Officer is satisfied that any compensation payable by a licensee under sub-section (1) has not been paid within thirty days from the date of the order under sub-section (1) or, as the case may be, from the date of the decision of the Tribunal under Section 36, he shall issue a certificate of recovery to the Collector, and the Collector shall recover the amount of such compensation together with costs of recovery as arrears of land revenue and pay the amount realised, after deduction of costs, to the hirer. ### 26. Prohibition from recovery of excess amount. - No licensee shall take or receive, for storage or any other service rendered to the hirer, amount over and above [the charges fixed under Section 29] [Substituted by U.P. Regulation of Cold Storages (Amendment) Act, 1997 (U.P. Act No. 2 of 1997), published in U.P. Gazette (Extraodinary), Part 1, Section (Ka), dated 2.5.1997.] . ### 27. Licensee to maintain account books. - Every licensee shall maintain account books and records in such form and manner as may be prescribed. ### 28. Power of Licensing Officer to issue directions. - Every licensee shall be bound to comply with such directions of the Licensing Officer under this Act as may be issued by him from time to time for carrying out the purposes of this Act. Chapter V Service Charges ------------------------------ ### 29. Maximum charges. - (1) Every licensee shall, from time to time, fix the maximum charges for storing agricultural produce in the cold storage or for any other service rendered in connection therewith, and different charges may be fixed for different agricultural produce. [(2) Every licensee shall display and exhibit on or near the main entrance of the cold storage the charges fixed under sub-section (1), and shall also deliver a copy thereof in the office of the Licensing Officer. (3) If the State Government is of the opinion that the charges fixed by a licensee under sub-section (1) are unreasonably high, then notwithstanding the provisions of sub-section (1), the State Government may, by a notified order, fix the maximum charges for the purposes of sub-section (1) with respect to such licensee and the charges so fixed by the State Government shall be effective for the remaining part of the financial year in which they are fixed.] [Substituted by U.P. Regulation of Cold Storages (Amendment) Act, 1997 (U.P. Act No 2 of 1997), published in U.P. Gazette (Extraodinary), Part 1, Section (Ka), dated 2.5.1997.] ### 30. [\* \* \*] [Omitted by U.P. Regulation of Cold Storages (Amendment) Act, 1997 (U.P. Act No 2 of 1997), published in U.P. Gazette (Extraodinary), Part 1, Section (Ka), dated 2.5.1997.] ### 31. Board's report to be considered. - Where a Board has been constituted under Section 3, the State Government shall consider its report before fixing the [charges under sub-section (3) of Section 29.] [Substituted by U.P. Regulation of Cold Storages (Amendment) Act, 1997 (U.P. Act No 2 of 1997), published in U.P. Gazette (Extraodinary), Part 1, Section (Ka), dated 2.5.1997.] Chapter VI Cold Storage Receipt ------------------------------------ ### 32. Duty to issue receipt. - Every licensee shall issue, in the form prescribed, a receipt for the agricultural produce stored in his cold storage. ### 33. Cold storage receipt transferable by endorsement and delivery. - The receipt referred to in Section 32, shall, unless it is otherwise specified therein be transferable by endorsement and delivery and shall entitle the holder in due course to receive the goods specified in it as if he was the original hirer. ### 34. Duplicate receipt. - If a receipt is lost, destroyed, torn, defaced, or otherwise becomes illegible, the licensee shall, on an application made by the hirer and upon payment of the prescribed fee. issue a duplicate receipt subject to such conditions, if any, as may be prescribed. Chapter VII Tribunal ------------------------- ### 35. Constitution of Tribunal. - There shall be a Tribunal consisting of the following members, namely- (a) the Agricultural Marketing Adviser to the Government of India, who shall be the Chairman; (b) the Legal Remembrance to the Government of Uttar Pradesh or an Officer of his department nominated by him not below the rank of Joint Legal Remembrance; (c) the Secretary to the Government in the Agriculture Department or an officer of that department nominated by him not below the rank of Joint Secretary. ### 36. Appeal. - Any person aggrieved by an order of the Licensing Officer refusing to grant a licence under sub-section (2) of Section 6. or refusing to renew it under sub-section (2) of Section 7 or suspending or cancelling it under sub-section (1) of Section 8, or refusing permission under Section 9, or deciding a dispute referred to in sub-section (1) of Section 14 or in sub-section (1) of Section 25, may prefer an appeal to the Tribunal within thirty days from the date of communication of such order, and the decision of the Tribunal thereon shall be final. Chapter VIII Penalties and Procedure ----------------------------------------- ### 37. Penalty. - Whoever contravenes any provision of this Act or any rule, order or direction made thereunder shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both. ### 38. Offences by companies. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any managing agent, secretary, treasurer, director, manager or other officer of the company, such managing agent, secretary, treasurer, director, manager or other officer of the company 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 anybody corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm. ### 39. Cognizance of offence. (1) Every offence punishable under this Act shall be cognizable. (2) No Court inferior to that of a Magistrate of the first class shall try any such offence. Chapter IX Miscellaneous ----------------------------- ### 40. Power of Licensing Officer. - The Licensing Officer may,- (a) require any licensee to furnish such information as he may specify in respect of the cold storage owned or run by such licensee; (b) enter upon and inspect or cause to be inspected any cold storage, its machinery and equipment, goods stored therein, and the account books and records relating thereto, for the purpose of satisfying himself that the requirements of this Act and the rules made thereunder are being complied with; (c) collect samples of agricultural produce stored in any cold storage and get them analysed, examined or tested in any laboratory selected for the purpose. ### 41. Protection of acts in good faith. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules made thereunder. ### 42. Savings as to orders. - No order made in exercise of any power conferred by or under this Act, shall be called in question in any court. ### 43. Effect of Act and Rules etc., inconsistent with other enactments and instruments. - The provision of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any contract, or in any other instalment having effect by virtue of any enactment other than this Act. ### 44. Directions by State Government. - In the discharge of his duties under this Act, the Licensing Officer shall carry out such directions of the State Government on matters of policy as may be issued by the State Government from time to time suo motu or on the advice of the Board. ### 44A. [\* \* \*] [Omitted by U.P. Regulation of Cold Storages (Amendment) Act, 1997 (U.P. Act No. 2 of 1997), published in U.P. Gazette (Extraodinary), Part I, section (Ka), dated 2.5.1997.] ### 45. Rules. (1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act, including any rules prescribing fees in respect of any proceeding under this Act. (2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of not less than thirty days comprised in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect, from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of 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. ### 46. Repeal and Savings. (1) The Uttar Pradesh Regulation of Cold Storages Ordinance, 1976 (U.P. Ordinance 7 of 1976), is hereby repealed. (2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Regulation of Cold Storages Ordinance, 1975 by the Ordinance mentioned in sub-section (1) anything done or any action taken under the said ordinances shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force at all material times.